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118hr3263ih
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To amend the Public Health Service Act to authorize grants to increase and support nurse faculty and clinical preceptors, and for other purposes.
[ { "text": "1. Short title \nThis Act may be cited as the Support Faculty and Expand Access to Nursing School Act of 2023.", "id": "H5740673263F74B40A17D2EECB403CA73", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Grant program To increase and support nurse faculty and clinical preceptors \n(a) In general \nTitle VIII of the Public Health Service Act ( 42 U.S.C. 296 et seq. ) is amended by inserting after part F ( 42 U.S.C. 297t ) the following new part: G Nurse faculty and clinical preceptors \n861. Increasing and supporting nurse faculty and clinical preceptors \n(a) In general \nThe Secretary shall award grants to schools of nursing to support the recruitment and retention of nurse faculty and clinical preceptors who supervise nursing students to help educate the future nursing workforce. (b) Eligibility \nIn order to be eligible to receive a grant under this section, a school of nursing shall submit an application to the Secretary that includes— (1) documentation that such school is experiencing a shortage of faculty or clinical preceptors; and (2) a description of how such school will utilize funds received through the grant to recruit and retain faculty or clinical preceptors, as applicable. (c) Priority \nIn awarding grants under this section, the Secretary shall give priority to any school of nursing that— (1) demonstrates that the school’s shortage of teaching faculty or clinical preceptors is a reason that the school has not accepted all qualified applicants into the respective school’s programs; (2) demonstrates that the school is located in a State or city whose schools of nursing experience above-average shortages of teaching faculty or clinical preceptors; (3) prioritizes the recruitment and retention of nurse faculty from disadvantaged backgrounds (including racial or ethnic groups underrepresented in the nursing workforce), low-income individuals, and first-generation college students; (4) prioritizes the recruitment and retention of full-time nurse faculty and clinical preceptors; or (5) demonstrates in its application an intent to sustain gains realized through the grant. (d) Use of funds \nA school of nursing that receives a grant under this section may use the funds awarded through such grant for activities that include— (1) hiring additional nurse faculty or clinical preceptors; (2) increasing pay or benefits to retain or recruit nurse faculty or clinical preceptors; (3) partnering with a health care facility, nurse-managed health clinic, community health center, or other facility that provides health care in order to provide educational opportunities for the purpose of increasing the number of clinical preceptors and clinical rotation sites; (4) developing and disseminating information to educate nursing students about opportunities to serve as clinical preceptors or nursing school faculty throughout their careers; (5) offering education opportunities to promote the growth and development of nursing students and registered nurses into roles as clinical preceptors and teaching faculty; (6) supporting the recruitment and retention of diverse faculty members; and (7) coordinating programs with another health care facility. (e) Reports to Secretary \nEach school of nursing awarded a grant under this section shall submit an annual report (in such form and manner as the Secretary may require) to the Secretary containing— (1) information on programs and activities funded through such grant; (2) information related to the outcomes of such programs and activities, including— (A) the total number of nurse faculty or clinical preceptors who were hired or retained through such grant; (B) the total number of students enrolled in such school of nursing before and after the implementation of programs and activities funded through such grant; and (C) to the extent such information is available, deidentified and disaggregated data by race, ethnicity, age, sex, geographic region, disability status, and other relevant factors regarding nursing students enrolled in such school of nursing; and (3) other information as the Secretary may require.. (b) Authorization of appropriations \nSection 871 of the Public Health Service Act ( 42 U.S.C. 298d ) is amended by adding at the end the following: (c) Part G \nFor the purpose of carrying out part G, there are authorized to be appropriated such sums as may be necessary for each of fiscal years 2024 through 2025.. (c) Technical correction \nEffective as if included in the enactment of the CARES Act ( Public Law 116–136 ), paragraph (12) of section 3404(a) of such Act is amended to read as follows: (12) by striking part G (42 U.S.C. 297w and 297x); and.", "id": "HA844B1AA7C8145FDAEF4D9A46D1561B2", "header": "Grant program To increase and support nurse faculty and clinical preceptors", "nested": [ { "text": "(a) In general \nTitle VIII of the Public Health Service Act ( 42 U.S.C. 296 et seq. ) is amended by inserting after part F ( 42 U.S.C. 297t ) the following new part: G Nurse faculty and clinical preceptors \n861. Increasing and supporting nurse faculty and clinical preceptors \n(a) In general \nThe Secretary shall award grants to schools of nursing to support the recruitment and retention of nurse faculty and clinical preceptors who supervise nursing students to help educate the future nursing workforce. (b) Eligibility \nIn order to be eligible to receive a grant under this section, a school of nursing shall submit an application to the Secretary that includes— (1) documentation that such school is experiencing a shortage of faculty or clinical preceptors; and (2) a description of how such school will utilize funds received through the grant to recruit and retain faculty or clinical preceptors, as applicable. (c) Priority \nIn awarding grants under this section, the Secretary shall give priority to any school of nursing that— (1) demonstrates that the school’s shortage of teaching faculty or clinical preceptors is a reason that the school has not accepted all qualified applicants into the respective school’s programs; (2) demonstrates that the school is located in a State or city whose schools of nursing experience above-average shortages of teaching faculty or clinical preceptors; (3) prioritizes the recruitment and retention of nurse faculty from disadvantaged backgrounds (including racial or ethnic groups underrepresented in the nursing workforce), low-income individuals, and first-generation college students; (4) prioritizes the recruitment and retention of full-time nurse faculty and clinical preceptors; or (5) demonstrates in its application an intent to sustain gains realized through the grant. (d) Use of funds \nA school of nursing that receives a grant under this section may use the funds awarded through such grant for activities that include— (1) hiring additional nurse faculty or clinical preceptors; (2) increasing pay or benefits to retain or recruit nurse faculty or clinical preceptors; (3) partnering with a health care facility, nurse-managed health clinic, community health center, or other facility that provides health care in order to provide educational opportunities for the purpose of increasing the number of clinical preceptors and clinical rotation sites; (4) developing and disseminating information to educate nursing students about opportunities to serve as clinical preceptors or nursing school faculty throughout their careers; (5) offering education opportunities to promote the growth and development of nursing students and registered nurses into roles as clinical preceptors and teaching faculty; (6) supporting the recruitment and retention of diverse faculty members; and (7) coordinating programs with another health care facility. (e) Reports to Secretary \nEach school of nursing awarded a grant under this section shall submit an annual report (in such form and manner as the Secretary may require) to the Secretary containing— (1) information on programs and activities funded through such grant; (2) information related to the outcomes of such programs and activities, including— (A) the total number of nurse faculty or clinical preceptors who were hired or retained through such grant; (B) the total number of students enrolled in such school of nursing before and after the implementation of programs and activities funded through such grant; and (C) to the extent such information is available, deidentified and disaggregated data by race, ethnicity, age, sex, geographic region, disability status, and other relevant factors regarding nursing students enrolled in such school of nursing; and (3) other information as the Secretary may require..", "id": "HAC17E23B71FB4B7192A391F7F633B857", "header": "In general", "nested": [], "links": [ { "text": "42 U.S.C. 296 et seq.", "legal-doc": "usc", "parsable-cite": "usc/42/296" }, { "text": "42 U.S.C. 297t", "legal-doc": "usc", "parsable-cite": "usc/42/297t" } ] }, { "text": "(b) Authorization of appropriations \nSection 871 of the Public Health Service Act ( 42 U.S.C. 298d ) is amended by adding at the end the following: (c) Part G \nFor the purpose of carrying out part G, there are authorized to be appropriated such sums as may be necessary for each of fiscal years 2024 through 2025..", "id": "HC4CDA547EB7743788B667DD2F442D1F8", "header": "Authorization of appropriations", "nested": [], "links": [ { "text": "42 U.S.C. 298d", "legal-doc": "usc", "parsable-cite": "usc/42/298d" } ] }, { "text": "(c) Technical correction \nEffective as if included in the enactment of the CARES Act ( Public Law 116–136 ), paragraph (12) of section 3404(a) of such Act is amended to read as follows: (12) by striking part G (42 U.S.C. 297w and 297x); and.", "id": "H54937E76FB1849088B49721CC32EE193", "header": "Technical correction", "nested": [], "links": [ { "text": "Public Law 116–136", "legal-doc": "public-law", "parsable-cite": "pl/116/136" } ] } ], "links": [ { "text": "42 U.S.C. 296 et seq.", "legal-doc": "usc", "parsable-cite": "usc/42/296" }, { "text": "42 U.S.C. 297t", "legal-doc": "usc", "parsable-cite": "usc/42/297t" }, { "text": "42 U.S.C. 298d", "legal-doc": "usc", "parsable-cite": "usc/42/298d" }, { "text": "Public Law 116–136", "legal-doc": "public-law", "parsable-cite": "pl/116/136" } ] }, { "text": "861. Increasing and supporting nurse faculty and clinical preceptors \n(a) In general \nThe Secretary shall award grants to schools of nursing to support the recruitment and retention of nurse faculty and clinical preceptors who supervise nursing students to help educate the future nursing workforce. (b) Eligibility \nIn order to be eligible to receive a grant under this section, a school of nursing shall submit an application to the Secretary that includes— (1) documentation that such school is experiencing a shortage of faculty or clinical preceptors; and (2) a description of how such school will utilize funds received through the grant to recruit and retain faculty or clinical preceptors, as applicable. (c) Priority \nIn awarding grants under this section, the Secretary shall give priority to any school of nursing that— (1) demonstrates that the school’s shortage of teaching faculty or clinical preceptors is a reason that the school has not accepted all qualified applicants into the respective school’s programs; (2) demonstrates that the school is located in a State or city whose schools of nursing experience above-average shortages of teaching faculty or clinical preceptors; (3) prioritizes the recruitment and retention of nurse faculty from disadvantaged backgrounds (including racial or ethnic groups underrepresented in the nursing workforce), low-income individuals, and first-generation college students; (4) prioritizes the recruitment and retention of full-time nurse faculty and clinical preceptors; or (5) demonstrates in its application an intent to sustain gains realized through the grant. (d) Use of funds \nA school of nursing that receives a grant under this section may use the funds awarded through such grant for activities that include— (1) hiring additional nurse faculty or clinical preceptors; (2) increasing pay or benefits to retain or recruit nurse faculty or clinical preceptors; (3) partnering with a health care facility, nurse-managed health clinic, community health center, or other facility that provides health care in order to provide educational opportunities for the purpose of increasing the number of clinical preceptors and clinical rotation sites; (4) developing and disseminating information to educate nursing students about opportunities to serve as clinical preceptors or nursing school faculty throughout their careers; (5) offering education opportunities to promote the growth and development of nursing students and registered nurses into roles as clinical preceptors and teaching faculty; (6) supporting the recruitment and retention of diverse faculty members; and (7) coordinating programs with another health care facility. (e) Reports to Secretary \nEach school of nursing awarded a grant under this section shall submit an annual report (in such form and manner as the Secretary may require) to the Secretary containing— (1) information on programs and activities funded through such grant; (2) information related to the outcomes of such programs and activities, including— (A) the total number of nurse faculty or clinical preceptors who were hired or retained through such grant; (B) the total number of students enrolled in such school of nursing before and after the implementation of programs and activities funded through such grant; and (C) to the extent such information is available, deidentified and disaggregated data by race, ethnicity, age, sex, geographic region, disability status, and other relevant factors regarding nursing students enrolled in such school of nursing; and (3) other information as the Secretary may require.", "id": "HA2E61016A55A4CF2B9065E126BA4031D", "header": "Increasing and supporting nurse faculty and clinical preceptors", "nested": [ { "text": "(a) In general \nThe Secretary shall award grants to schools of nursing to support the recruitment and retention of nurse faculty and clinical preceptors who supervise nursing students to help educate the future nursing workforce.", "id": "H88109E49A4C24F2E92FCFF2EBC14B0AB", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Eligibility \nIn order to be eligible to receive a grant under this section, a school of nursing shall submit an application to the Secretary that includes— (1) documentation that such school is experiencing a shortage of faculty or clinical preceptors; and (2) a description of how such school will utilize funds received through the grant to recruit and retain faculty or clinical preceptors, as applicable.", "id": "H842DD7C5A7AE4E6A8611EAD380304F39", "header": "Eligibility", "nested": [], "links": [] }, { "text": "(c) Priority \nIn awarding grants under this section, the Secretary shall give priority to any school of nursing that— (1) demonstrates that the school’s shortage of teaching faculty or clinical preceptors is a reason that the school has not accepted all qualified applicants into the respective school’s programs; (2) demonstrates that the school is located in a State or city whose schools of nursing experience above-average shortages of teaching faculty or clinical preceptors; (3) prioritizes the recruitment and retention of nurse faculty from disadvantaged backgrounds (including racial or ethnic groups underrepresented in the nursing workforce), low-income individuals, and first-generation college students; (4) prioritizes the recruitment and retention of full-time nurse faculty and clinical preceptors; or (5) demonstrates in its application an intent to sustain gains realized through the grant.", "id": "HB118BC6DAA404DD7B79F62D786DC04DC", "header": "Priority", "nested": [], "links": [] }, { "text": "(d) Use of funds \nA school of nursing that receives a grant under this section may use the funds awarded through such grant for activities that include— (1) hiring additional nurse faculty or clinical preceptors; (2) increasing pay or benefits to retain or recruit nurse faculty or clinical preceptors; (3) partnering with a health care facility, nurse-managed health clinic, community health center, or other facility that provides health care in order to provide educational opportunities for the purpose of increasing the number of clinical preceptors and clinical rotation sites; (4) developing and disseminating information to educate nursing students about opportunities to serve as clinical preceptors or nursing school faculty throughout their careers; (5) offering education opportunities to promote the growth and development of nursing students and registered nurses into roles as clinical preceptors and teaching faculty; (6) supporting the recruitment and retention of diverse faculty members; and (7) coordinating programs with another health care facility.", "id": "H1E0036FF70F04E91B4E73B649E1E4C40", "header": "Use of funds", "nested": [], "links": [] }, { "text": "(e) Reports to Secretary \nEach school of nursing awarded a grant under this section shall submit an annual report (in such form and manner as the Secretary may require) to the Secretary containing— (1) information on programs and activities funded through such grant; (2) information related to the outcomes of such programs and activities, including— (A) the total number of nurse faculty or clinical preceptors who were hired or retained through such grant; (B) the total number of students enrolled in such school of nursing before and after the implementation of programs and activities funded through such grant; and (C) to the extent such information is available, deidentified and disaggregated data by race, ethnicity, age, sex, geographic region, disability status, and other relevant factors regarding nursing students enrolled in such school of nursing; and (3) other information as the Secretary may require.", "id": "H266BA67960A546759CF3FB5826728534", "header": "Reports to Secretary", "nested": [], "links": [] } ], "links": [] } ]
3
1. Short title This Act may be cited as the Support Faculty and Expand Access to Nursing School Act of 2023. 2. Grant program To increase and support nurse faculty and clinical preceptors (a) In general Title VIII of the Public Health Service Act ( 42 U.S.C. 296 et seq. ) is amended by inserting after part F ( 42 U.S.C. 297t ) the following new part: G Nurse faculty and clinical preceptors 861. Increasing and supporting nurse faculty and clinical preceptors (a) In general The Secretary shall award grants to schools of nursing to support the recruitment and retention of nurse faculty and clinical preceptors who supervise nursing students to help educate the future nursing workforce. (b) Eligibility In order to be eligible to receive a grant under this section, a school of nursing shall submit an application to the Secretary that includes— (1) documentation that such school is experiencing a shortage of faculty or clinical preceptors; and (2) a description of how such school will utilize funds received through the grant to recruit and retain faculty or clinical preceptors, as applicable. (c) Priority In awarding grants under this section, the Secretary shall give priority to any school of nursing that— (1) demonstrates that the school’s shortage of teaching faculty or clinical preceptors is a reason that the school has not accepted all qualified applicants into the respective school’s programs; (2) demonstrates that the school is located in a State or city whose schools of nursing experience above-average shortages of teaching faculty or clinical preceptors; (3) prioritizes the recruitment and retention of nurse faculty from disadvantaged backgrounds (including racial or ethnic groups underrepresented in the nursing workforce), low-income individuals, and first-generation college students; (4) prioritizes the recruitment and retention of full-time nurse faculty and clinical preceptors; or (5) demonstrates in its application an intent to sustain gains realized through the grant. (d) Use of funds A school of nursing that receives a grant under this section may use the funds awarded through such grant for activities that include— (1) hiring additional nurse faculty or clinical preceptors; (2) increasing pay or benefits to retain or recruit nurse faculty or clinical preceptors; (3) partnering with a health care facility, nurse-managed health clinic, community health center, or other facility that provides health care in order to provide educational opportunities for the purpose of increasing the number of clinical preceptors and clinical rotation sites; (4) developing and disseminating information to educate nursing students about opportunities to serve as clinical preceptors or nursing school faculty throughout their careers; (5) offering education opportunities to promote the growth and development of nursing students and registered nurses into roles as clinical preceptors and teaching faculty; (6) supporting the recruitment and retention of diverse faculty members; and (7) coordinating programs with another health care facility. (e) Reports to Secretary Each school of nursing awarded a grant under this section shall submit an annual report (in such form and manner as the Secretary may require) to the Secretary containing— (1) information on programs and activities funded through such grant; (2) information related to the outcomes of such programs and activities, including— (A) the total number of nurse faculty or clinical preceptors who were hired or retained through such grant; (B) the total number of students enrolled in such school of nursing before and after the implementation of programs and activities funded through such grant; and (C) to the extent such information is available, deidentified and disaggregated data by race, ethnicity, age, sex, geographic region, disability status, and other relevant factors regarding nursing students enrolled in such school of nursing; and (3) other information as the Secretary may require.. (b) Authorization of appropriations Section 871 of the Public Health Service Act ( 42 U.S.C. 298d ) is amended by adding at the end the following: (c) Part G For the purpose of carrying out part G, there are authorized to be appropriated such sums as may be necessary for each of fiscal years 2024 through 2025.. (c) Technical correction Effective as if included in the enactment of the CARES Act ( Public Law 116–136 ), paragraph (12) of section 3404(a) of such Act is amended to read as follows: (12) by striking part G (42 U.S.C. 297w and 297x); and. 861. Increasing and supporting nurse faculty and clinical preceptors (a) In general The Secretary shall award grants to schools of nursing to support the recruitment and retention of nurse faculty and clinical preceptors who supervise nursing students to help educate the future nursing workforce. (b) Eligibility In order to be eligible to receive a grant under this section, a school of nursing shall submit an application to the Secretary that includes— (1) documentation that such school is experiencing a shortage of faculty or clinical preceptors; and (2) a description of how such school will utilize funds received through the grant to recruit and retain faculty or clinical preceptors, as applicable. (c) Priority In awarding grants under this section, the Secretary shall give priority to any school of nursing that— (1) demonstrates that the school’s shortage of teaching faculty or clinical preceptors is a reason that the school has not accepted all qualified applicants into the respective school’s programs; (2) demonstrates that the school is located in a State or city whose schools of nursing experience above-average shortages of teaching faculty or clinical preceptors; (3) prioritizes the recruitment and retention of nurse faculty from disadvantaged backgrounds (including racial or ethnic groups underrepresented in the nursing workforce), low-income individuals, and first-generation college students; (4) prioritizes the recruitment and retention of full-time nurse faculty and clinical preceptors; or (5) demonstrates in its application an intent to sustain gains realized through the grant. (d) Use of funds A school of nursing that receives a grant under this section may use the funds awarded through such grant for activities that include— (1) hiring additional nurse faculty or clinical preceptors; (2) increasing pay or benefits to retain or recruit nurse faculty or clinical preceptors; (3) partnering with a health care facility, nurse-managed health clinic, community health center, or other facility that provides health care in order to provide educational opportunities for the purpose of increasing the number of clinical preceptors and clinical rotation sites; (4) developing and disseminating information to educate nursing students about opportunities to serve as clinical preceptors or nursing school faculty throughout their careers; (5) offering education opportunities to promote the growth and development of nursing students and registered nurses into roles as clinical preceptors and teaching faculty; (6) supporting the recruitment and retention of diverse faculty members; and (7) coordinating programs with another health care facility. (e) Reports to Secretary Each school of nursing awarded a grant under this section shall submit an annual report (in such form and manner as the Secretary may require) to the Secretary containing— (1) information on programs and activities funded through such grant; (2) information related to the outcomes of such programs and activities, including— (A) the total number of nurse faculty or clinical preceptors who were hired or retained through such grant; (B) the total number of students enrolled in such school of nursing before and after the implementation of programs and activities funded through such grant; and (C) to the extent such information is available, deidentified and disaggregated data by race, ethnicity, age, sex, geographic region, disability status, and other relevant factors regarding nursing students enrolled in such school of nursing; and (3) other information as the Secretary may require.
8,184
[ "Energy and Commerce Committee" ]
118hr5234ih
118
hr
5,234
ih
To amend the Dodd-Frank Wall Street Reform and Consumer Protection Act to permit certain non-designated clearinghouses access to a deposit account at a Federal reserve bank, to apply certain risk management standards to non-designated clearinghouses receiving certain services from a Federal reserve bank, and for other purposes.
[ { "text": "1. Short title \nThis Act may be cited as the Risk Management for Derivatives Clearing Organizations Act.", "id": "H8C15E03416C14CC0B720779CF0C81044", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Access to Federal reserve bank accounts and services \nSection 806 of the Dodd-Frank Wall Street Reform and Consumer Protection Act ( 12 U.S.C. 5465 ) is amended— (1) in subsection (a)— (A) by striking a designated financial market utility and and inserting a designated financial market utility, a derivatives clearing organization registered with the Commodity Futures Trading Commission under the Commodity Exchange Act that has been approved to hold such an account by the Commodity Futures Trading Commission, or a clearing agency registered with the Commission under the Securities Exchange Act of 1934 that has been approved to hold such an account by the Commission, and ; (B) by striking designated financial market utility that and inserting financial market utility that ; and (C) by inserting after by the Board of Governors the following: , as well as any applicable rules, orders, standards, or guidelines, including, in particular, liquidity requirements, prescribed by the financial market utility’s primary financial regulatory agency. Access to discount and borrowing privileges may only be provided to a financial market utility in accordance with subsection (b) ; (2) in subsection (c), by striking designated financial market utility and inserting financial market utility ; and (3) in subsection (d), by striking designated financial market utility each place such term appears and inserting financial market utility.", "id": "H26BA11701E514BC5A921A6F5ABB233D3", "header": "Access to Federal reserve bank accounts and services", "nested": [], "links": [ { "text": "12 U.S.C. 5465", "legal-doc": "usc", "parsable-cite": "usc/12/5465" } ] } ]
2
1. Short title This Act may be cited as the Risk Management for Derivatives Clearing Organizations Act. 2. Access to Federal reserve bank accounts and services Section 806 of the Dodd-Frank Wall Street Reform and Consumer Protection Act ( 12 U.S.C. 5465 ) is amended— (1) in subsection (a)— (A) by striking a designated financial market utility and and inserting a designated financial market utility, a derivatives clearing organization registered with the Commodity Futures Trading Commission under the Commodity Exchange Act that has been approved to hold such an account by the Commodity Futures Trading Commission, or a clearing agency registered with the Commission under the Securities Exchange Act of 1934 that has been approved to hold such an account by the Commission, and ; (B) by striking designated financial market utility that and inserting financial market utility that ; and (C) by inserting after by the Board of Governors the following: , as well as any applicable rules, orders, standards, or guidelines, including, in particular, liquidity requirements, prescribed by the financial market utility’s primary financial regulatory agency. Access to discount and borrowing privileges may only be provided to a financial market utility in accordance with subsection (b) ; (2) in subsection (c), by striking designated financial market utility and inserting financial market utility ; and (3) in subsection (d), by striking designated financial market utility each place such term appears and inserting financial market utility.
1,546
[ "Financial Services Committee" ]
118hr7535ih
118
hr
7,535
ih
To require the Comptroller General of the United States to conduct a study and submit a report on price-related compensation and payment structures in the prescription drug supply chain.
[ { "text": "1. Short title \nThis Act may be cited as the Prescription Drug Supply Chain Pricing Transparency Act.", "id": "H3ED45EB3F87B41AC8FF06F7AAB6EF620", "header": "Short title", "nested": [], "links": [] }, { "text": "2. GAO study and report on price-related compensation and payment structures in the prescription drug supply chain \nSection 1860D–42 of the Social Security Act ( 42 U.S.C. 1395w–152 ) is amended by adding at the end the following new subsection: (e) GAO study and report on price-Related compensation and payment structures in the prescription drug supply chain \n(1) Study \nThe Comptroller General of the United States (in this subsection referred to as the Comptroller General ) shall conduct a study on the use of compensation and payment structures related to a prescription drug’s price within the retail prescription drug supply chain. Such study shall include an overview of the following: (A) The type, magnitude, other features (such as the pricing benchmarks used), and prevalence of compensation and payment structures related to a prescription drug’s price, such as calculating fee amounts as a percentage of a prescription drug’s price, between intermediaries in the prescription drug supply chain, including— (i) pharmacy benefit managers; (ii) part D plan sponsors; (iii) drug wholesalers; (iv) pharmacies; (v) manufacturers; (vi) pharmacy services administrative organizations; (vii) brokers, auditors, consultants, and other entities that advise part D plan sponsors about pharmacy benefits or review part D plan sponsor contracts with pharmacy benefit managers; and (viii) other service providers that contract with any of the entities described in clauses (i) through (vii), including rebate aggregators (or other entities that negotiate or process price concessions on behalf of pharmacy benefit managers or plan sponsors). (B) The primary business models and compensation structures for each category of intermediary described in subparagraph (A). (C) Variation in price-related compensation structures between affiliated entities (such as entities with common ownership, either full or partial, and subsidiary relationships) and unaffiliated entities. (D) Potential conflicts of interest among contracting entities related to the use of prescription drug price-related compensation structures, such as the potential for fees or other payments set as a percentage of a prescription drug’s price to advantage the formulary selection, distribution, or purchasing of prescription drugs with higher prices. (E) Patterns and trends in price-based compensation structures over time and between different market segments, such as under this part and the Medicaid program under title XIX. (F) The factors driving the consideration and use of price-related compensation structures in the prescription drug supply chain. (G) Other issues determined to be relevant and appropriate by the Comptroller General. (2) Report \nNot later than 2 years after the date of enactment of this subsection, the Comptroller General shall submit to Congress a report containing the results of the study conducted under paragraph (1), together with recommendations for such legislation and administrative action as the Comptroller General determines appropriate..", "id": "HBCFD553D22354A0DB0A3083675DE874A", "header": "GAO study and report on price-related compensation and payment structures in the prescription drug supply chain", "nested": [], "links": [ { "text": "42 U.S.C. 1395w–152", "legal-doc": "usc", "parsable-cite": "usc/42/1395w-152" } ] } ]
2
1. Short title This Act may be cited as the Prescription Drug Supply Chain Pricing Transparency Act. 2. GAO study and report on price-related compensation and payment structures in the prescription drug supply chain Section 1860D–42 of the Social Security Act ( 42 U.S.C. 1395w–152 ) is amended by adding at the end the following new subsection: (e) GAO study and report on price-Related compensation and payment structures in the prescription drug supply chain (1) Study The Comptroller General of the United States (in this subsection referred to as the Comptroller General ) shall conduct a study on the use of compensation and payment structures related to a prescription drug’s price within the retail prescription drug supply chain. Such study shall include an overview of the following: (A) The type, magnitude, other features (such as the pricing benchmarks used), and prevalence of compensation and payment structures related to a prescription drug’s price, such as calculating fee amounts as a percentage of a prescription drug’s price, between intermediaries in the prescription drug supply chain, including— (i) pharmacy benefit managers; (ii) part D plan sponsors; (iii) drug wholesalers; (iv) pharmacies; (v) manufacturers; (vi) pharmacy services administrative organizations; (vii) brokers, auditors, consultants, and other entities that advise part D plan sponsors about pharmacy benefits or review part D plan sponsor contracts with pharmacy benefit managers; and (viii) other service providers that contract with any of the entities described in clauses (i) through (vii), including rebate aggregators (or other entities that negotiate or process price concessions on behalf of pharmacy benefit managers or plan sponsors). (B) The primary business models and compensation structures for each category of intermediary described in subparagraph (A). (C) Variation in price-related compensation structures between affiliated entities (such as entities with common ownership, either full or partial, and subsidiary relationships) and unaffiliated entities. (D) Potential conflicts of interest among contracting entities related to the use of prescription drug price-related compensation structures, such as the potential for fees or other payments set as a percentage of a prescription drug’s price to advantage the formulary selection, distribution, or purchasing of prescription drugs with higher prices. (E) Patterns and trends in price-based compensation structures over time and between different market segments, such as under this part and the Medicaid program under title XIX. (F) The factors driving the consideration and use of price-related compensation structures in the prescription drug supply chain. (G) Other issues determined to be relevant and appropriate by the Comptroller General. (2) Report Not later than 2 years after the date of enactment of this subsection, the Comptroller General shall submit to Congress a report containing the results of the study conducted under paragraph (1), together with recommendations for such legislation and administrative action as the Comptroller General determines appropriate..
3,156
[ "Ways and Means Committee", "Energy and Commerce Committee" ]
118hr863ih
118
hr
863
ih
To amend title 18, United States Code, to prohibit a publishing house from knowingly furnishing sexually explicit material to a school or an educational agency, to prohibit Federal funds from being provided to a school that obtains or an educational agency that distributes sexually explicit material, and for other purposes.
[ { "text": "1. Prohibition on knowingly furnishing sexually explicit material to a school or an educational agency \n(a) Prohibition on knowingly furnishing sexually explicit material to a school or an educational agency \nChapter 71 of title 18, United States Code, is amended by adding at the end the following: 1471. Furnishing of sexually explicit material to a school or an educational agency \n(a) Offenses \n(1) Publishing house \nWhoever, in or affecting interstate commerce, being a publishing house, knowingly furnishes an elementary school, a secondary school, a local educational agency, or a State educational agency with published material containing a sexually explicit visual depiction of any kind, including a picture, photograph, or drawing, shall be subject to a fine of not more than $500,000. (2) President, director, manager, or officer of a publishing house \n(A) In general \nWhoever, in or affecting interstate commerce, being a president, director, manager, or officer of a publishing house, knowingly authorizes the furnishing of published material in violation of paragraph (1) shall be fined under this title, imprisoned not more than 5 years, or both. (B) Affirmative defense \nIt shall be an affirmative defense to a charge of violating subparagraph (A) if the defendant proves, by a preponderance of the evidence, that an individual at a higher management level knowingly authorized the furnishing of the published material involved. (b) Excepted material \nThe prohibitions in subsection (a) do not apply with respect to material with serious literary, artistic, political, or scientific value. (c) Definitions \nIn this section: (1) ESEA terms \nThe terms elementary school , local educational agency , secondary school , and State educational agency have the meanings given those terms in section 8101 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7801 ). (2) Published material \nThe term published material — (A) means any book, magazine, newspaper, or other printed material; and (B) includes digital or electronic books. (3) Publishing house \nThe term publishing house means a for-profit entity that manufactures, distributes, or sells published material.. (b) Clerical amendment \nThe table of sections for chapter 71 of title 18, United States Code, is amended by inserting after the item relating to section 1470 the following: 1471. Furnishing of sexually explicit material to a school or an educational agency..", "id": "HE1F0F06286C44C498C053FF1C44F2CFD", "header": "Prohibition on knowingly furnishing sexually explicit material to a school or an educational agency", "nested": [ { "text": "(a) Prohibition on knowingly furnishing sexually explicit material to a school or an educational agency \nChapter 71 of title 18, United States Code, is amended by adding at the end the following: 1471. Furnishing of sexually explicit material to a school or an educational agency \n(a) Offenses \n(1) Publishing house \nWhoever, in or affecting interstate commerce, being a publishing house, knowingly furnishes an elementary school, a secondary school, a local educational agency, or a State educational agency with published material containing a sexually explicit visual depiction of any kind, including a picture, photograph, or drawing, shall be subject to a fine of not more than $500,000. (2) President, director, manager, or officer of a publishing house \n(A) In general \nWhoever, in or affecting interstate commerce, being a president, director, manager, or officer of a publishing house, knowingly authorizes the furnishing of published material in violation of paragraph (1) shall be fined under this title, imprisoned not more than 5 years, or both. (B) Affirmative defense \nIt shall be an affirmative defense to a charge of violating subparagraph (A) if the defendant proves, by a preponderance of the evidence, that an individual at a higher management level knowingly authorized the furnishing of the published material involved. (b) Excepted material \nThe prohibitions in subsection (a) do not apply with respect to material with serious literary, artistic, political, or scientific value. (c) Definitions \nIn this section: (1) ESEA terms \nThe terms elementary school , local educational agency , secondary school , and State educational agency have the meanings given those terms in section 8101 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7801 ). (2) Published material \nThe term published material — (A) means any book, magazine, newspaper, or other printed material; and (B) includes digital or electronic books. (3) Publishing house \nThe term publishing house means a for-profit entity that manufactures, distributes, or sells published material..", "id": "HFE04EC9C20D64C2783312672C928C310", "header": "Prohibition on knowingly furnishing sexually explicit material to a school or an educational agency", "nested": [], "links": [ { "text": "Chapter 71", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/18/71" }, { "text": "20 U.S.C. 7801", "legal-doc": "usc", "parsable-cite": "usc/20/7801" } ] }, { "text": "(b) Clerical amendment \nThe table of sections for chapter 71 of title 18, United States Code, is amended by inserting after the item relating to section 1470 the following: 1471. Furnishing of sexually explicit material to a school or an educational agency..", "id": "HA025668BE3BF47519AE9C04B0289A006", "header": "Clerical amendment", "nested": [], "links": [ { "text": "chapter 71", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/18/71" }, { "text": "section 1470", "legal-doc": "usc", "parsable-cite": "usc/18/1470" } ] } ], "links": [ { "text": "Chapter 71", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/18/71" }, { "text": "20 U.S.C. 7801", "legal-doc": "usc", "parsable-cite": "usc/20/7801" }, { "text": "chapter 71", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/18/71" }, { "text": "section 1470", "legal-doc": "usc", "parsable-cite": "usc/18/1470" } ] }, { "text": "1471. Furnishing of sexually explicit material to a school or an educational agency \n(a) Offenses \n(1) Publishing house \nWhoever, in or affecting interstate commerce, being a publishing house, knowingly furnishes an elementary school, a secondary school, a local educational agency, or a State educational agency with published material containing a sexually explicit visual depiction of any kind, including a picture, photograph, or drawing, shall be subject to a fine of not more than $500,000. (2) President, director, manager, or officer of a publishing house \n(A) In general \nWhoever, in or affecting interstate commerce, being a president, director, manager, or officer of a publishing house, knowingly authorizes the furnishing of published material in violation of paragraph (1) shall be fined under this title, imprisoned not more than 5 years, or both. (B) Affirmative defense \nIt shall be an affirmative defense to a charge of violating subparagraph (A) if the defendant proves, by a preponderance of the evidence, that an individual at a higher management level knowingly authorized the furnishing of the published material involved. (b) Excepted material \nThe prohibitions in subsection (a) do not apply with respect to material with serious literary, artistic, political, or scientific value. (c) Definitions \nIn this section: (1) ESEA terms \nThe terms elementary school , local educational agency , secondary school , and State educational agency have the meanings given those terms in section 8101 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7801 ). (2) Published material \nThe term published material — (A) means any book, magazine, newspaper, or other printed material; and (B) includes digital or electronic books. (3) Publishing house \nThe term publishing house means a for-profit entity that manufactures, distributes, or sells published material.", "id": "H918ABA68138F4B59B6F52EE54F8B1944", "header": "Furnishing of sexually explicit material to a school or an educational agency", "nested": [ { "text": "(a) Offenses \n(1) Publishing house \nWhoever, in or affecting interstate commerce, being a publishing house, knowingly furnishes an elementary school, a secondary school, a local educational agency, or a State educational agency with published material containing a sexually explicit visual depiction of any kind, including a picture, photograph, or drawing, shall be subject to a fine of not more than $500,000. (2) President, director, manager, or officer of a publishing house \n(A) In general \nWhoever, in or affecting interstate commerce, being a president, director, manager, or officer of a publishing house, knowingly authorizes the furnishing of published material in violation of paragraph (1) shall be fined under this title, imprisoned not more than 5 years, or both. (B) Affirmative defense \nIt shall be an affirmative defense to a charge of violating subparagraph (A) if the defendant proves, by a preponderance of the evidence, that an individual at a higher management level knowingly authorized the furnishing of the published material involved.", "id": "HC6175C5E3FA34E64A2594C048DD26189", "header": "Offenses", "nested": [], "links": [] }, { "text": "(b) Excepted material \nThe prohibitions in subsection (a) do not apply with respect to material with serious literary, artistic, political, or scientific value.", "id": "H5EB9E5BAE5114F63AB9CD7AFF6043639", "header": "Excepted material", "nested": [], "links": [] }, { "text": "(c) Definitions \nIn this section: (1) ESEA terms \nThe terms elementary school , local educational agency , secondary school , and State educational agency have the meanings given those terms in section 8101 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7801 ). (2) Published material \nThe term published material — (A) means any book, magazine, newspaper, or other printed material; and (B) includes digital or electronic books. (3) Publishing house \nThe term publishing house means a for-profit entity that manufactures, distributes, or sells published material.", "id": "HF17B2F6F739F48E88ACC499DEF4D099B", "header": "Definitions", "nested": [], "links": [ { "text": "20 U.S.C. 7801", "legal-doc": "usc", "parsable-cite": "usc/20/7801" } ] } ], "links": [ { "text": "20 U.S.C. 7801", "legal-doc": "usc", "parsable-cite": "usc/20/7801" } ] }, { "text": "2. Prohibition on Federal funds for school obtaining or educational agency distributing sexually explicit material \n(a) No Federal funds for school obtaining sexually explicit material \nNo Federal funds may be provided to an elementary school or a secondary school that knowingly obtains published material containing a sexually explicit visual depiction of any kind, including a picture, photograph, or drawing, until such time that the school relinquishes or destroys the published material. (b) No Federal funds for educational agency distributing sexually explicit material \nNo Federal funds may be provided to a local educational agency or a State educational agency that knowingly distributes to an elementary school or a secondary school published material containing a sexually explicit visual depiction of any kind, including a picture, photograph, or drawing, until such time that the educational agency instructs the school to which the educational agency distributed the published material to either relinquish or destroy the material. (c) Excepted material \nThe prohibitions in subsections (a) and (b) do not apply with respect to material with serious literary, artistic, political, or scientific value. (d) Definitions \nIn this section: (1) ESEA terms \nThe terms elementary school , local educational agency , secondary school , and State educational agency have the meanings given those terms in section 8101 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7801 ). (2) Published material \nThe term published material — (A) means any book, magazine, newspaper, or other printed material; and (B) includes digital or electronic books.", "id": "H08B75606BB194F7B8ACF49F0E7EA786D", "header": "Prohibition on Federal funds for school obtaining or educational agency distributing sexually explicit material", "nested": [ { "text": "(a) No Federal funds for school obtaining sexually explicit material \nNo Federal funds may be provided to an elementary school or a secondary school that knowingly obtains published material containing a sexually explicit visual depiction of any kind, including a picture, photograph, or drawing, until such time that the school relinquishes or destroys the published material.", "id": "HAB3505D07D9749F8AEC9CAC393013794", "header": "No Federal funds for school obtaining sexually explicit material", "nested": [], "links": [] }, { "text": "(b) No Federal funds for educational agency distributing sexually explicit material \nNo Federal funds may be provided to a local educational agency or a State educational agency that knowingly distributes to an elementary school or a secondary school published material containing a sexually explicit visual depiction of any kind, including a picture, photograph, or drawing, until such time that the educational agency instructs the school to which the educational agency distributed the published material to either relinquish or destroy the material.", "id": "HA03804C882624660BA0C74117491E4A2", "header": "No Federal funds for educational agency distributing sexually explicit material", "nested": [], "links": [] }, { "text": "(c) Excepted material \nThe prohibitions in subsections (a) and (b) do not apply with respect to material with serious literary, artistic, political, or scientific value.", "id": "HDE24724F970A453DA32ADB87F90C371B", "header": "Excepted material", "nested": [], "links": [] }, { "text": "(d) Definitions \nIn this section: (1) ESEA terms \nThe terms elementary school , local educational agency , secondary school , and State educational agency have the meanings given those terms in section 8101 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7801 ). (2) Published material \nThe term published material — (A) means any book, magazine, newspaper, or other printed material; and (B) includes digital or electronic books.", "id": "H435EDE396A12495C8940F14BCE60DAF4", "header": "Definitions", "nested": [], "links": [ { "text": "20 U.S.C. 7801", "legal-doc": "usc", "parsable-cite": "usc/20/7801" } ] } ], "links": [ { "text": "20 U.S.C. 7801", "legal-doc": "usc", "parsable-cite": "usc/20/7801" } ] } ]
3
1. Prohibition on knowingly furnishing sexually explicit material to a school or an educational agency (a) Prohibition on knowingly furnishing sexually explicit material to a school or an educational agency Chapter 71 of title 18, United States Code, is amended by adding at the end the following: 1471. Furnishing of sexually explicit material to a school or an educational agency (a) Offenses (1) Publishing house Whoever, in or affecting interstate commerce, being a publishing house, knowingly furnishes an elementary school, a secondary school, a local educational agency, or a State educational agency with published material containing a sexually explicit visual depiction of any kind, including a picture, photograph, or drawing, shall be subject to a fine of not more than $500,000. (2) President, director, manager, or officer of a publishing house (A) In general Whoever, in or affecting interstate commerce, being a president, director, manager, or officer of a publishing house, knowingly authorizes the furnishing of published material in violation of paragraph (1) shall be fined under this title, imprisoned not more than 5 years, or both. (B) Affirmative defense It shall be an affirmative defense to a charge of violating subparagraph (A) if the defendant proves, by a preponderance of the evidence, that an individual at a higher management level knowingly authorized the furnishing of the published material involved. (b) Excepted material The prohibitions in subsection (a) do not apply with respect to material with serious literary, artistic, political, or scientific value. (c) Definitions In this section: (1) ESEA terms The terms elementary school , local educational agency , secondary school , and State educational agency have the meanings given those terms in section 8101 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7801 ). (2) Published material The term published material — (A) means any book, magazine, newspaper, or other printed material; and (B) includes digital or electronic books. (3) Publishing house The term publishing house means a for-profit entity that manufactures, distributes, or sells published material.. (b) Clerical amendment The table of sections for chapter 71 of title 18, United States Code, is amended by inserting after the item relating to section 1470 the following: 1471. Furnishing of sexually explicit material to a school or an educational agency.. 1471. Furnishing of sexually explicit material to a school or an educational agency (a) Offenses (1) Publishing house Whoever, in or affecting interstate commerce, being a publishing house, knowingly furnishes an elementary school, a secondary school, a local educational agency, or a State educational agency with published material containing a sexually explicit visual depiction of any kind, including a picture, photograph, or drawing, shall be subject to a fine of not more than $500,000. (2) President, director, manager, or officer of a publishing house (A) In general Whoever, in or affecting interstate commerce, being a president, director, manager, or officer of a publishing house, knowingly authorizes the furnishing of published material in violation of paragraph (1) shall be fined under this title, imprisoned not more than 5 years, or both. (B) Affirmative defense It shall be an affirmative defense to a charge of violating subparagraph (A) if the defendant proves, by a preponderance of the evidence, that an individual at a higher management level knowingly authorized the furnishing of the published material involved. (b) Excepted material The prohibitions in subsection (a) do not apply with respect to material with serious literary, artistic, political, or scientific value. (c) Definitions In this section: (1) ESEA terms The terms elementary school , local educational agency , secondary school , and State educational agency have the meanings given those terms in section 8101 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7801 ). (2) Published material The term published material — (A) means any book, magazine, newspaper, or other printed material; and (B) includes digital or electronic books. (3) Publishing house The term publishing house means a for-profit entity that manufactures, distributes, or sells published material. 2. Prohibition on Federal funds for school obtaining or educational agency distributing sexually explicit material (a) No Federal funds for school obtaining sexually explicit material No Federal funds may be provided to an elementary school or a secondary school that knowingly obtains published material containing a sexually explicit visual depiction of any kind, including a picture, photograph, or drawing, until such time that the school relinquishes or destroys the published material. (b) No Federal funds for educational agency distributing sexually explicit material No Federal funds may be provided to a local educational agency or a State educational agency that knowingly distributes to an elementary school or a secondary school published material containing a sexually explicit visual depiction of any kind, including a picture, photograph, or drawing, until such time that the educational agency instructs the school to which the educational agency distributed the published material to either relinquish or destroy the material. (c) Excepted material The prohibitions in subsections (a) and (b) do not apply with respect to material with serious literary, artistic, political, or scientific value. (d) Definitions In this section: (1) ESEA terms The terms elementary school , local educational agency , secondary school , and State educational agency have the meanings given those terms in section 8101 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7801 ). (2) Published material The term published material — (A) means any book, magazine, newspaper, or other printed material; and (B) includes digital or electronic books.
6,008
[ "Judiciary Committee", "Education and the Workforce Committee" ]
118hr2944ih
118
hr
2,944
ih
To prevent the misuse of drones, and for other purposes.
[ { "text": "1. Short title \nThis Act may be cited as the Drone Act of 2023.", "id": "H42B2A75FF73146FCAF2F79E60695C25A", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Findings \nCongress finds that— (1) drone technology has the potential to revolutionize commerce, military operations, law enforcement, and various industries, as well as recreation in general; (2) drone technology also presents a potential danger to public safety and national security; (3) drone technology is increasingly being used by drug trafficking and human trafficking organizations at the southern border— (A) to assist in smuggling into the United States high-value items; (B) for conducting reconnaissance; and (C) even as offensive weapons against competing criminal organizations; (4) drone technology has been used to deliver into Federal correctional centers contraband such as cell phones, wire cutters, screwdrivers, and hacksaws; (5) there were 875 drone sightings in restricted airport airspace in 2020, and 766 such sightings in the first half of 2021, including 36 such sightings in the vicinities of runways; and (6) while existing Federal law includes some criminal provisions relating to misuse of drones, those provisions are fragmentary in nature and therefore fail to restrain and deter the most serious drone-related crimes.", "id": "HEC2EBD6DF751459694F65BF326988AA5", "header": "Findings", "nested": [], "links": [] }, { "text": "3. Drone offenses \nPart I of title 18, United States Code, is amended— (1) in section 39B(a)— (A) in paragraph (1)— (i) by striking operation of, an aircraft and inserting the following: operation of— (A) an aircraft ; (ii) by striking the period at the end and inserting a semicolon; and (iii) by adding at the end the following: (B) a vessel of the United States, or a vessel subject to the jurisdiction of the United States, as those terms are defined in section 70502 of title 46, carrying 1 or more occupants, in a manner that poses an imminent safety hazard to such occupants, shall be punished as provided in subsection (c); (C) a motor vehicle that is used, operated, or employed in interstate or foreign commerce and is carrying 1 or more occupants, in a manner that poses an imminent safety hazard to such occupants, shall be punished as provided in subsection (c); or (D) a vehicle used or designed for flight or navigation in space described in section 7(6), shall be punished as provided in subsection (c). ; and (B) in paragraph (2)— (i) by striking operation of, an aircraft and inserting the following: operation of— (A) an aircraft ; (ii) by striking the period at the end and inserting a semicolon; and (iii) by adding at the end the following: (B) a vessel of the United States, or a vessel subject to the jurisdiction of the United States, as those terms are defined in section 70502 of title 46, carrying 1 or more occupants, in a manner that poses an imminent safety hazard to such occupants, shall be punished as provided in subsection (c); (C) a motor vehicle that is used, operated, or employed in interstate or foreign commerce and is carrying 1 or more occupants, in a manner that poses an imminent safety hazard to such occupants, shall be punished as provided in subsection (c); or (D) a vehicle used or designed for flight or navigation in space described in section 7(6), shall be punished as provided in subsection (c). ; (2) in section 40A— (A) in the heading, by striking Operation of unauthorized unmanned aircraft over wildfires and inserting Interference by unauthorized unmanned aircraft with law enforcement, emergency response, and military activities ; and (B) in subsection (a)— (i) by striking operates an unmanned aircraft and knowingly or recklessly and inserting the following: operates an unmanned aircraft and— (1) knowingly or recklessly ; (ii) by striking the period at the end and inserting ; or ; and (iii) by adding at the end the following: (2) knowingly or recklessly interferes with a law enforcement, emergency response, or military operation or activity of a unit or agency of the United States Government or of a State, tribal, or local government (other than a wildfire suppression or law enforcement or emergency response efforts related to a wildfire suppression) shall be fined under this title, imprisoned for not more than 2 years, or both. ; (3) by inserting after section 40A the following: 40B. Misuse of unmanned aircraft \n(a) Definitions \nIn this section— (1) the term aircraft , notwithstanding section 31(a)(1), means any device, craft, vehicle, or contrivance that is— (A) invented, used, or designed to navigate, fly, or travel in the air; or (B) used or intended to be used for flight in the air; (2) the term airport has the meaning given the term in section 40102(a)(9) of title 49; (3) the term contraband has the meaning given the term in section 80302(a) of title 49; (4) the term dangerous weapon has the meaning given the term in section 930; (5) the term explosive means any thing within the scope of the definition of explosive materials in section 841; (6) the term firearm has the meaning given the term in section 921; (7) the term Federal law includes any form of Federal law, including any Federal statute, rule, regulation, or order; (8) the term personnel of the United States means any Federal officer, employee, or contractor, or any person assisting such an officer, employee, or contractor in the performance of duties; (9) the terms prison and prohibited object have the meanings given those terms in section 1791; (10) the term restricted electromagnetic weapon means any type of device, instrument, technology, or contrivance that— (A) can generate or emit electromagnetic radiation or fields that are capable of jamming, disrupting, degrading, damaging, or interfering with the operation of any technological or electronic asset, system, network, or infrastructure, or any component or subcomponent thereof; and (B) is classified as a restricted electromagnetic weapon by the Attorney General, in consultation with the Secretary of Defense; (11) the term serious bodily injury has the meaning given the term in section 1365; (12) the term United States corporation or legal entity means any corporation or other entity organized under the laws of the United States or any State; (13) the term unmanned aircraft has the meaning given the term in section 44801 of title 49; (14) the term vessel means any craft or contrivance used, capable of being used, or designed to be used for transportation in, on, or through water; and (15) the term weapon of mass destruction has the meaning given the term in section 2332a. (b) Offenses \n(1) Weaponization \nIt shall be unlawful, in a circumstance described in subsection (c), to knowingly— (A) equip or arm an unmanned aircraft with a firearm, explosive, dangerous weapon, restricted electromagnetic weapon, or weapon of mass destruction; (B) possess, receive, transfer, operate, or produce an unmanned aircraft that is equipped or armed with a firearm, explosive, dangerous weapon, restricted electromagnetic weapon, or weapon of mass destruction; (C) discharge or deploy a firearm, explosive, dangerous weapon, restricted electromagnetic weapon, or weapon of mass destruction using an unmanned aircraft; or (D) use an unmanned aircraft to cause— (i) serious bodily injury or death to a person; or (ii) damage to property in an amount that exceeds $5,000. (2) Operation of drone to commit felony \nIt shall be unlawful to knowingly operate an unmanned aircraft in furtherance of the commission of a crime punishable by death or imprisonment of more than 1 year under a law of the United States or a State, if Federal law requires that the aircraft be registered and the aircraft is not registered. (3) Impairment of identification or lighting \nIt shall be unlawful to, in violation of Federal law, knowingly and willfully— (A) remove, obliterate, tamper with, or alter the identification number of the unmanned aircraft; (B) disable or fail to effect any required identification transmission or signaling of the unmanned aircraft; or (C) disable or obscure any required anti-collision lighting of the unmanned aircraft or fail to have or illuminate such lighting as required. (4) Intrusion on protected spaces \nIt shall be unlawful for any person, knowing that the conduct of the person is unlawful, to— (A) operate an unmanned aircraft in any airspace, or cause the takeoff or landing of an unmanned aircraft in any place, in violation of Federal law, including all applicable rules, regulations, and orders of the Federal Aviation Administration and the Department of Homeland Security; or (B) operate an unmanned aircraft across a border of the United States or its territories or possessions without complying with the requirements of Federal law, including all applicable rules, regulations, and orders of the Federal Aviation Administration and the Department of Homeland Security. (5) Transportation of contraband \nIt shall be unlawful to knowingly use an unmanned aircraft to— (A) transport contraband; or (B) introduce a prohibited object into a prison. (c) Circumstances \nThe circumstances described in this subsection are that the offense— (1) is an offense under paragraph (2), (3), (4), or (5) of subsection (b); (2) involves an unmanned aircraft, firearm, explosive, dangerous weapon, restricted electromagnetic weapon, weapon of mass destruction, or ammunition that has moved at any time in interstate or foreign commerce; (3) occurs in or affects interstate or foreign commerce; (4) involves the movement of any person or thing in, or use of any means or instrumentality of, interstate or foreign commerce; (5) involves— (A) any use of the electromagnetic spectrum that is subject to the jurisdiction of the Federal Communications Commission or the National Telecommunications and Information Administration; or (B) any aircraft or airspace use that is subject to the jurisdiction of the Federal Aviation Administration; (6) is committed, whether within or outside of the United States, against— (A) the United States or any department, agency, property, activity, or personnel of the United States; or (B) an aircraft in the special aircraft jurisdiction of the United States (as defined in section 46501 of title 49); (7) is committed outside of the United States against any United States national, United States corporation or legal entity, aircraft registered under United States law, or vessel of the United States or vessel subject to the jurisdiction of the United States (as those terms are defined in section 70502 of title 46); or (8) is committed in the special maritime and territorial jurisdiction of the United States. (d) Penalties \nAny person who violates subsection (b)— (1) in the case of a violation of paragraph (2), (3), or (4) of that subsection, shall be imprisoned for not more than 5 years, fined under this title, or both; (2) in the case of a violation of paragraph (1)(A), (1)(B), (1)(C), or (5) of that subsection, shall be imprisoned for not more than 10 years, fined under this title, or both; (3) subject to paragraph (4) of this subsection, in the case of a violation of paragraph (1)(D) of that subsection, shall be imprisoned for not more than 20 years, fined under this title, or both; and (4) in the case of a violation of any paragraph of that subsection, if death results, shall be sentenced to death or imprisoned for any term of years or for life, fined under this title, or both. (e) Inchoate offenses \n(1) In general \nWhoever threatens, attempts, or conspires to commit an offense under subsection (b) shall be subject to the same punishment under subsection (d) as for a completed offense. (2) Federal jurisdiction \nIn the case of a threat, attempt, or conspiracy to commit an offense under subsection (b), the requirement that a circumstance described in subsection (c) exists shall be satisfied if any of the circumstances described in that subsection would have existed had the offense been carried out. (f) Exceptions \n(1) Government-authorized conduct \nSubsection (b) shall not apply to conduct by or under the authority of, authorized by, or pursuant to a contract with, the United States or a State, tribal, or local government, or any department or agency of the United States or a State, tribal, or local government. (2) Weaponization for authorized or licensed activities \nSubsection (b)(1), as that subsection applies to firearms, explosives, and other dangerous weapons, shall not apply to— (A) conduct related to avalanche mitigation; or (B) any other conduct in which the use of the firearm, explosive, or dangerous weapon is licensed or otherwise permitted for the mitigation of dangers associated with hazardous environments. (3) Authorized property damage \nSubsection (b)(1)(D) shall not apply to conduct consisting of injury to property, if engaged in by or with the authorization or consent of the owner of the property, including in any consensual competition in which unmanned aircraft are deployed against each other. ; (4) in the chapter analysis for chapter 2, by striking the item relating to section 40A and inserting the following: 40A. Interference by unauthorized unmanned aircraft with law enforcement, emergency response, and military activities. 40B. Misuse of unmanned aircraft. ; (5) in section 982(a)(6)(A), by inserting 39B (relating to unsafe operation of unmanned aircraft), 40A (relating to interference by unauthorized unmanned aircraft with law enforcement, emergency response, and military activities), 40B (relating to misuse of unmanned aircraft), before 555 ; (6) in section 2332b(g)(5)(B), by inserting 40B(b)(1) (relating to weaponization of unmanned aircraft), before 81 ; and (7) in section 2516(1)(c), by inserting section 39B (relating to unsafe operation of unmanned aircraft), section 40A (relating to interference by unauthorized unmanned aircraft with law enforcement, emergency response, and military activities), section 40B (relating to misuse of unmanned aircraft), before section 43.", "id": "H824C78F460E14490B1B885911DAF3CB2", "header": "Drone offenses", "nested": [], "links": [] }, { "text": "40B. Misuse of unmanned aircraft \n(a) Definitions \nIn this section— (1) the term aircraft , notwithstanding section 31(a)(1), means any device, craft, vehicle, or contrivance that is— (A) invented, used, or designed to navigate, fly, or travel in the air; or (B) used or intended to be used for flight in the air; (2) the term airport has the meaning given the term in section 40102(a)(9) of title 49; (3) the term contraband has the meaning given the term in section 80302(a) of title 49; (4) the term dangerous weapon has the meaning given the term in section 930; (5) the term explosive means any thing within the scope of the definition of explosive materials in section 841; (6) the term firearm has the meaning given the term in section 921; (7) the term Federal law includes any form of Federal law, including any Federal statute, rule, regulation, or order; (8) the term personnel of the United States means any Federal officer, employee, or contractor, or any person assisting such an officer, employee, or contractor in the performance of duties; (9) the terms prison and prohibited object have the meanings given those terms in section 1791; (10) the term restricted electromagnetic weapon means any type of device, instrument, technology, or contrivance that— (A) can generate or emit electromagnetic radiation or fields that are capable of jamming, disrupting, degrading, damaging, or interfering with the operation of any technological or electronic asset, system, network, or infrastructure, or any component or subcomponent thereof; and (B) is classified as a restricted electromagnetic weapon by the Attorney General, in consultation with the Secretary of Defense; (11) the term serious bodily injury has the meaning given the term in section 1365; (12) the term United States corporation or legal entity means any corporation or other entity organized under the laws of the United States or any State; (13) the term unmanned aircraft has the meaning given the term in section 44801 of title 49; (14) the term vessel means any craft or contrivance used, capable of being used, or designed to be used for transportation in, on, or through water; and (15) the term weapon of mass destruction has the meaning given the term in section 2332a. (b) Offenses \n(1) Weaponization \nIt shall be unlawful, in a circumstance described in subsection (c), to knowingly— (A) equip or arm an unmanned aircraft with a firearm, explosive, dangerous weapon, restricted electromagnetic weapon, or weapon of mass destruction; (B) possess, receive, transfer, operate, or produce an unmanned aircraft that is equipped or armed with a firearm, explosive, dangerous weapon, restricted electromagnetic weapon, or weapon of mass destruction; (C) discharge or deploy a firearm, explosive, dangerous weapon, restricted electromagnetic weapon, or weapon of mass destruction using an unmanned aircraft; or (D) use an unmanned aircraft to cause— (i) serious bodily injury or death to a person; or (ii) damage to property in an amount that exceeds $5,000. (2) Operation of drone to commit felony \nIt shall be unlawful to knowingly operate an unmanned aircraft in furtherance of the commission of a crime punishable by death or imprisonment of more than 1 year under a law of the United States or a State, if Federal law requires that the aircraft be registered and the aircraft is not registered. (3) Impairment of identification or lighting \nIt shall be unlawful to, in violation of Federal law, knowingly and willfully— (A) remove, obliterate, tamper with, or alter the identification number of the unmanned aircraft; (B) disable or fail to effect any required identification transmission or signaling of the unmanned aircraft; or (C) disable or obscure any required anti-collision lighting of the unmanned aircraft or fail to have or illuminate such lighting as required. (4) Intrusion on protected spaces \nIt shall be unlawful for any person, knowing that the conduct of the person is unlawful, to— (A) operate an unmanned aircraft in any airspace, or cause the takeoff or landing of an unmanned aircraft in any place, in violation of Federal law, including all applicable rules, regulations, and orders of the Federal Aviation Administration and the Department of Homeland Security; or (B) operate an unmanned aircraft across a border of the United States or its territories or possessions without complying with the requirements of Federal law, including all applicable rules, regulations, and orders of the Federal Aviation Administration and the Department of Homeland Security. (5) Transportation of contraband \nIt shall be unlawful to knowingly use an unmanned aircraft to— (A) transport contraband; or (B) introduce a prohibited object into a prison. (c) Circumstances \nThe circumstances described in this subsection are that the offense— (1) is an offense under paragraph (2), (3), (4), or (5) of subsection (b); (2) involves an unmanned aircraft, firearm, explosive, dangerous weapon, restricted electromagnetic weapon, weapon of mass destruction, or ammunition that has moved at any time in interstate or foreign commerce; (3) occurs in or affects interstate or foreign commerce; (4) involves the movement of any person or thing in, or use of any means or instrumentality of, interstate or foreign commerce; (5) involves— (A) any use of the electromagnetic spectrum that is subject to the jurisdiction of the Federal Communications Commission or the National Telecommunications and Information Administration; or (B) any aircraft or airspace use that is subject to the jurisdiction of the Federal Aviation Administration; (6) is committed, whether within or outside of the United States, against— (A) the United States or any department, agency, property, activity, or personnel of the United States; or (B) an aircraft in the special aircraft jurisdiction of the United States (as defined in section 46501 of title 49); (7) is committed outside of the United States against any United States national, United States corporation or legal entity, aircraft registered under United States law, or vessel of the United States or vessel subject to the jurisdiction of the United States (as those terms are defined in section 70502 of title 46); or (8) is committed in the special maritime and territorial jurisdiction of the United States. (d) Penalties \nAny person who violates subsection (b)— (1) in the case of a violation of paragraph (2), (3), or (4) of that subsection, shall be imprisoned for not more than 5 years, fined under this title, or both; (2) in the case of a violation of paragraph (1)(A), (1)(B), (1)(C), or (5) of that subsection, shall be imprisoned for not more than 10 years, fined under this title, or both; (3) subject to paragraph (4) of this subsection, in the case of a violation of paragraph (1)(D) of that subsection, shall be imprisoned for not more than 20 years, fined under this title, or both; and (4) in the case of a violation of any paragraph of that subsection, if death results, shall be sentenced to death or imprisoned for any term of years or for life, fined under this title, or both. (e) Inchoate offenses \n(1) In general \nWhoever threatens, attempts, or conspires to commit an offense under subsection (b) shall be subject to the same punishment under subsection (d) as for a completed offense. (2) Federal jurisdiction \nIn the case of a threat, attempt, or conspiracy to commit an offense under subsection (b), the requirement that a circumstance described in subsection (c) exists shall be satisfied if any of the circumstances described in that subsection would have existed had the offense been carried out. (f) Exceptions \n(1) Government-authorized conduct \nSubsection (b) shall not apply to conduct by or under the authority of, authorized by, or pursuant to a contract with, the United States or a State, tribal, or local government, or any department or agency of the United States or a State, tribal, or local government. (2) Weaponization for authorized or licensed activities \nSubsection (b)(1), as that subsection applies to firearms, explosives, and other dangerous weapons, shall not apply to— (A) conduct related to avalanche mitigation; or (B) any other conduct in which the use of the firearm, explosive, or dangerous weapon is licensed or otherwise permitted for the mitigation of dangers associated with hazardous environments. (3) Authorized property damage \nSubsection (b)(1)(D) shall not apply to conduct consisting of injury to property, if engaged in by or with the authorization or consent of the owner of the property, including in any consensual competition in which unmanned aircraft are deployed against each other.", "id": "H6878AD22636C4A6AB57E7698D1DC36E3", "header": "Misuse of unmanned aircraft", "nested": [ { "text": "(a) Definitions \nIn this section— (1) the term aircraft , notwithstanding section 31(a)(1), means any device, craft, vehicle, or contrivance that is— (A) invented, used, or designed to navigate, fly, or travel in the air; or (B) used or intended to be used for flight in the air; (2) the term airport has the meaning given the term in section 40102(a)(9) of title 49; (3) the term contraband has the meaning given the term in section 80302(a) of title 49; (4) the term dangerous weapon has the meaning given the term in section 930; (5) the term explosive means any thing within the scope of the definition of explosive materials in section 841; (6) the term firearm has the meaning given the term in section 921; (7) the term Federal law includes any form of Federal law, including any Federal statute, rule, regulation, or order; (8) the term personnel of the United States means any Federal officer, employee, or contractor, or any person assisting such an officer, employee, or contractor in the performance of duties; (9) the terms prison and prohibited object have the meanings given those terms in section 1791; (10) the term restricted electromagnetic weapon means any type of device, instrument, technology, or contrivance that— (A) can generate or emit electromagnetic radiation or fields that are capable of jamming, disrupting, degrading, damaging, or interfering with the operation of any technological or electronic asset, system, network, or infrastructure, or any component or subcomponent thereof; and (B) is classified as a restricted electromagnetic weapon by the Attorney General, in consultation with the Secretary of Defense; (11) the term serious bodily injury has the meaning given the term in section 1365; (12) the term United States corporation or legal entity means any corporation or other entity organized under the laws of the United States or any State; (13) the term unmanned aircraft has the meaning given the term in section 44801 of title 49; (14) the term vessel means any craft or contrivance used, capable of being used, or designed to be used for transportation in, on, or through water; and (15) the term weapon of mass destruction has the meaning given the term in section 2332a.", "id": "H3B2AC7D4D5FB41F1B8504CFCE6BD8490", "header": "Definitions", "nested": [], "links": [] }, { "text": "(b) Offenses \n(1) Weaponization \nIt shall be unlawful, in a circumstance described in subsection (c), to knowingly— (A) equip or arm an unmanned aircraft with a firearm, explosive, dangerous weapon, restricted electromagnetic weapon, or weapon of mass destruction; (B) possess, receive, transfer, operate, or produce an unmanned aircraft that is equipped or armed with a firearm, explosive, dangerous weapon, restricted electromagnetic weapon, or weapon of mass destruction; (C) discharge or deploy a firearm, explosive, dangerous weapon, restricted electromagnetic weapon, or weapon of mass destruction using an unmanned aircraft; or (D) use an unmanned aircraft to cause— (i) serious bodily injury or death to a person; or (ii) damage to property in an amount that exceeds $5,000. (2) Operation of drone to commit felony \nIt shall be unlawful to knowingly operate an unmanned aircraft in furtherance of the commission of a crime punishable by death or imprisonment of more than 1 year under a law of the United States or a State, if Federal law requires that the aircraft be registered and the aircraft is not registered. (3) Impairment of identification or lighting \nIt shall be unlawful to, in violation of Federal law, knowingly and willfully— (A) remove, obliterate, tamper with, or alter the identification number of the unmanned aircraft; (B) disable or fail to effect any required identification transmission or signaling of the unmanned aircraft; or (C) disable or obscure any required anti-collision lighting of the unmanned aircraft or fail to have or illuminate such lighting as required. (4) Intrusion on protected spaces \nIt shall be unlawful for any person, knowing that the conduct of the person is unlawful, to— (A) operate an unmanned aircraft in any airspace, or cause the takeoff or landing of an unmanned aircraft in any place, in violation of Federal law, including all applicable rules, regulations, and orders of the Federal Aviation Administration and the Department of Homeland Security; or (B) operate an unmanned aircraft across a border of the United States or its territories or possessions without complying with the requirements of Federal law, including all applicable rules, regulations, and orders of the Federal Aviation Administration and the Department of Homeland Security. (5) Transportation of contraband \nIt shall be unlawful to knowingly use an unmanned aircraft to— (A) transport contraband; or (B) introduce a prohibited object into a prison.", "id": "H692448E4F6A54A589E81E2E5C7668C45", "header": "Offenses", "nested": [], "links": [] }, { "text": "(c) Circumstances \nThe circumstances described in this subsection are that the offense— (1) is an offense under paragraph (2), (3), (4), or (5) of subsection (b); (2) involves an unmanned aircraft, firearm, explosive, dangerous weapon, restricted electromagnetic weapon, weapon of mass destruction, or ammunition that has moved at any time in interstate or foreign commerce; (3) occurs in or affects interstate or foreign commerce; (4) involves the movement of any person or thing in, or use of any means or instrumentality of, interstate or foreign commerce; (5) involves— (A) any use of the electromagnetic spectrum that is subject to the jurisdiction of the Federal Communications Commission or the National Telecommunications and Information Administration; or (B) any aircraft or airspace use that is subject to the jurisdiction of the Federal Aviation Administration; (6) is committed, whether within or outside of the United States, against— (A) the United States or any department, agency, property, activity, or personnel of the United States; or (B) an aircraft in the special aircraft jurisdiction of the United States (as defined in section 46501 of title 49); (7) is committed outside of the United States against any United States national, United States corporation or legal entity, aircraft registered under United States law, or vessel of the United States or vessel subject to the jurisdiction of the United States (as those terms are defined in section 70502 of title 46); or (8) is committed in the special maritime and territorial jurisdiction of the United States.", "id": "H6C8136451FBB49F5A63F6308F9430862", "header": "Circumstances", "nested": [], "links": [] }, { "text": "(d) Penalties \nAny person who violates subsection (b)— (1) in the case of a violation of paragraph (2), (3), or (4) of that subsection, shall be imprisoned for not more than 5 years, fined under this title, or both; (2) in the case of a violation of paragraph (1)(A), (1)(B), (1)(C), or (5) of that subsection, shall be imprisoned for not more than 10 years, fined under this title, or both; (3) subject to paragraph (4) of this subsection, in the case of a violation of paragraph (1)(D) of that subsection, shall be imprisoned for not more than 20 years, fined under this title, or both; and (4) in the case of a violation of any paragraph of that subsection, if death results, shall be sentenced to death or imprisoned for any term of years or for life, fined under this title, or both.", "id": "HF795BE6835DB44ED8ABE2C78426F54A7", "header": "Penalties", "nested": [], "links": [] }, { "text": "(e) Inchoate offenses \n(1) In general \nWhoever threatens, attempts, or conspires to commit an offense under subsection (b) shall be subject to the same punishment under subsection (d) as for a completed offense. (2) Federal jurisdiction \nIn the case of a threat, attempt, or conspiracy to commit an offense under subsection (b), the requirement that a circumstance described in subsection (c) exists shall be satisfied if any of the circumstances described in that subsection would have existed had the offense been carried out.", "id": "H2F00E4F72D7D4069BCA0C5043A93475C", "header": "Inchoate offenses", "nested": [], "links": [] }, { "text": "(f) Exceptions \n(1) Government-authorized conduct \nSubsection (b) shall not apply to conduct by or under the authority of, authorized by, or pursuant to a contract with, the United States or a State, tribal, or local government, or any department or agency of the United States or a State, tribal, or local government. (2) Weaponization for authorized or licensed activities \nSubsection (b)(1), as that subsection applies to firearms, explosives, and other dangerous weapons, shall not apply to— (A) conduct related to avalanche mitigation; or (B) any other conduct in which the use of the firearm, explosive, or dangerous weapon is licensed or otherwise permitted for the mitigation of dangers associated with hazardous environments. (3) Authorized property damage \nSubsection (b)(1)(D) shall not apply to conduct consisting of injury to property, if engaged in by or with the authorization or consent of the owner of the property, including in any consensual competition in which unmanned aircraft are deployed against each other.", "id": "H894A087431354057BA793C0B022E4EBF", "header": "Exceptions", "nested": [], "links": [] } ], "links": [] } ]
4
1. Short title This Act may be cited as the Drone Act of 2023. 2. Findings Congress finds that— (1) drone technology has the potential to revolutionize commerce, military operations, law enforcement, and various industries, as well as recreation in general; (2) drone technology also presents a potential danger to public safety and national security; (3) drone technology is increasingly being used by drug trafficking and human trafficking organizations at the southern border— (A) to assist in smuggling into the United States high-value items; (B) for conducting reconnaissance; and (C) even as offensive weapons against competing criminal organizations; (4) drone technology has been used to deliver into Federal correctional centers contraband such as cell phones, wire cutters, screwdrivers, and hacksaws; (5) there were 875 drone sightings in restricted airport airspace in 2020, and 766 such sightings in the first half of 2021, including 36 such sightings in the vicinities of runways; and (6) while existing Federal law includes some criminal provisions relating to misuse of drones, those provisions are fragmentary in nature and therefore fail to restrain and deter the most serious drone-related crimes. 3. Drone offenses Part I of title 18, United States Code, is amended— (1) in section 39B(a)— (A) in paragraph (1)— (i) by striking operation of, an aircraft and inserting the following: operation of— (A) an aircraft ; (ii) by striking the period at the end and inserting a semicolon; and (iii) by adding at the end the following: (B) a vessel of the United States, or a vessel subject to the jurisdiction of the United States, as those terms are defined in section 70502 of title 46, carrying 1 or more occupants, in a manner that poses an imminent safety hazard to such occupants, shall be punished as provided in subsection (c); (C) a motor vehicle that is used, operated, or employed in interstate or foreign commerce and is carrying 1 or more occupants, in a manner that poses an imminent safety hazard to such occupants, shall be punished as provided in subsection (c); or (D) a vehicle used or designed for flight or navigation in space described in section 7(6), shall be punished as provided in subsection (c). ; and (B) in paragraph (2)— (i) by striking operation of, an aircraft and inserting the following: operation of— (A) an aircraft ; (ii) by striking the period at the end and inserting a semicolon; and (iii) by adding at the end the following: (B) a vessel of the United States, or a vessel subject to the jurisdiction of the United States, as those terms are defined in section 70502 of title 46, carrying 1 or more occupants, in a manner that poses an imminent safety hazard to such occupants, shall be punished as provided in subsection (c); (C) a motor vehicle that is used, operated, or employed in interstate or foreign commerce and is carrying 1 or more occupants, in a manner that poses an imminent safety hazard to such occupants, shall be punished as provided in subsection (c); or (D) a vehicle used or designed for flight or navigation in space described in section 7(6), shall be punished as provided in subsection (c). ; (2) in section 40A— (A) in the heading, by striking Operation of unauthorized unmanned aircraft over wildfires and inserting Interference by unauthorized unmanned aircraft with law enforcement, emergency response, and military activities ; and (B) in subsection (a)— (i) by striking operates an unmanned aircraft and knowingly or recklessly and inserting the following: operates an unmanned aircraft and— (1) knowingly or recklessly ; (ii) by striking the period at the end and inserting ; or ; and (iii) by adding at the end the following: (2) knowingly or recklessly interferes with a law enforcement, emergency response, or military operation or activity of a unit or agency of the United States Government or of a State, tribal, or local government (other than a wildfire suppression or law enforcement or emergency response efforts related to a wildfire suppression) shall be fined under this title, imprisoned for not more than 2 years, or both. ; (3) by inserting after section 40A the following: 40B. Misuse of unmanned aircraft (a) Definitions In this section— (1) the term aircraft , notwithstanding section 31(a)(1), means any device, craft, vehicle, or contrivance that is— (A) invented, used, or designed to navigate, fly, or travel in the air; or (B) used or intended to be used for flight in the air; (2) the term airport has the meaning given the term in section 40102(a)(9) of title 49; (3) the term contraband has the meaning given the term in section 80302(a) of title 49; (4) the term dangerous weapon has the meaning given the term in section 930; (5) the term explosive means any thing within the scope of the definition of explosive materials in section 841; (6) the term firearm has the meaning given the term in section 921; (7) the term Federal law includes any form of Federal law, including any Federal statute, rule, regulation, or order; (8) the term personnel of the United States means any Federal officer, employee, or contractor, or any person assisting such an officer, employee, or contractor in the performance of duties; (9) the terms prison and prohibited object have the meanings given those terms in section 1791; (10) the term restricted electromagnetic weapon means any type of device, instrument, technology, or contrivance that— (A) can generate or emit electromagnetic radiation or fields that are capable of jamming, disrupting, degrading, damaging, or interfering with the operation of any technological or electronic asset, system, network, or infrastructure, or any component or subcomponent thereof; and (B) is classified as a restricted electromagnetic weapon by the Attorney General, in consultation with the Secretary of Defense; (11) the term serious bodily injury has the meaning given the term in section 1365; (12) the term United States corporation or legal entity means any corporation or other entity organized under the laws of the United States or any State; (13) the term unmanned aircraft has the meaning given the term in section 44801 of title 49; (14) the term vessel means any craft or contrivance used, capable of being used, or designed to be used for transportation in, on, or through water; and (15) the term weapon of mass destruction has the meaning given the term in section 2332a. (b) Offenses (1) Weaponization It shall be unlawful, in a circumstance described in subsection (c), to knowingly— (A) equip or arm an unmanned aircraft with a firearm, explosive, dangerous weapon, restricted electromagnetic weapon, or weapon of mass destruction; (B) possess, receive, transfer, operate, or produce an unmanned aircraft that is equipped or armed with a firearm, explosive, dangerous weapon, restricted electromagnetic weapon, or weapon of mass destruction; (C) discharge or deploy a firearm, explosive, dangerous weapon, restricted electromagnetic weapon, or weapon of mass destruction using an unmanned aircraft; or (D) use an unmanned aircraft to cause— (i) serious bodily injury or death to a person; or (ii) damage to property in an amount that exceeds $5,000. (2) Operation of drone to commit felony It shall be unlawful to knowingly operate an unmanned aircraft in furtherance of the commission of a crime punishable by death or imprisonment of more than 1 year under a law of the United States or a State, if Federal law requires that the aircraft be registered and the aircraft is not registered. (3) Impairment of identification or lighting It shall be unlawful to, in violation of Federal law, knowingly and willfully— (A) remove, obliterate, tamper with, or alter the identification number of the unmanned aircraft; (B) disable or fail to effect any required identification transmission or signaling of the unmanned aircraft; or (C) disable or obscure any required anti-collision lighting of the unmanned aircraft or fail to have or illuminate such lighting as required. (4) Intrusion on protected spaces It shall be unlawful for any person, knowing that the conduct of the person is unlawful, to— (A) operate an unmanned aircraft in any airspace, or cause the takeoff or landing of an unmanned aircraft in any place, in violation of Federal law, including all applicable rules, regulations, and orders of the Federal Aviation Administration and the Department of Homeland Security; or (B) operate an unmanned aircraft across a border of the United States or its territories or possessions without complying with the requirements of Federal law, including all applicable rules, regulations, and orders of the Federal Aviation Administration and the Department of Homeland Security. (5) Transportation of contraband It shall be unlawful to knowingly use an unmanned aircraft to— (A) transport contraband; or (B) introduce a prohibited object into a prison. (c) Circumstances The circumstances described in this subsection are that the offense— (1) is an offense under paragraph (2), (3), (4), or (5) of subsection (b); (2) involves an unmanned aircraft, firearm, explosive, dangerous weapon, restricted electromagnetic weapon, weapon of mass destruction, or ammunition that has moved at any time in interstate or foreign commerce; (3) occurs in or affects interstate or foreign commerce; (4) involves the movement of any person or thing in, or use of any means or instrumentality of, interstate or foreign commerce; (5) involves— (A) any use of the electromagnetic spectrum that is subject to the jurisdiction of the Federal Communications Commission or the National Telecommunications and Information Administration; or (B) any aircraft or airspace use that is subject to the jurisdiction of the Federal Aviation Administration; (6) is committed, whether within or outside of the United States, against— (A) the United States or any department, agency, property, activity, or personnel of the United States; or (B) an aircraft in the special aircraft jurisdiction of the United States (as defined in section 46501 of title 49); (7) is committed outside of the United States against any United States national, United States corporation or legal entity, aircraft registered under United States law, or vessel of the United States or vessel subject to the jurisdiction of the United States (as those terms are defined in section 70502 of title 46); or (8) is committed in the special maritime and territorial jurisdiction of the United States. (d) Penalties Any person who violates subsection (b)— (1) in the case of a violation of paragraph (2), (3), or (4) of that subsection, shall be imprisoned for not more than 5 years, fined under this title, or both; (2) in the case of a violation of paragraph (1)(A), (1)(B), (1)(C), or (5) of that subsection, shall be imprisoned for not more than 10 years, fined under this title, or both; (3) subject to paragraph (4) of this subsection, in the case of a violation of paragraph (1)(D) of that subsection, shall be imprisoned for not more than 20 years, fined under this title, or both; and (4) in the case of a violation of any paragraph of that subsection, if death results, shall be sentenced to death or imprisoned for any term of years or for life, fined under this title, or both. (e) Inchoate offenses (1) In general Whoever threatens, attempts, or conspires to commit an offense under subsection (b) shall be subject to the same punishment under subsection (d) as for a completed offense. (2) Federal jurisdiction In the case of a threat, attempt, or conspiracy to commit an offense under subsection (b), the requirement that a circumstance described in subsection (c) exists shall be satisfied if any of the circumstances described in that subsection would have existed had the offense been carried out. (f) Exceptions (1) Government-authorized conduct Subsection (b) shall not apply to conduct by or under the authority of, authorized by, or pursuant to a contract with, the United States or a State, tribal, or local government, or any department or agency of the United States or a State, tribal, or local government. (2) Weaponization for authorized or licensed activities Subsection (b)(1), as that subsection applies to firearms, explosives, and other dangerous weapons, shall not apply to— (A) conduct related to avalanche mitigation; or (B) any other conduct in which the use of the firearm, explosive, or dangerous weapon is licensed or otherwise permitted for the mitigation of dangers associated with hazardous environments. (3) Authorized property damage Subsection (b)(1)(D) shall not apply to conduct consisting of injury to property, if engaged in by or with the authorization or consent of the owner of the property, including in any consensual competition in which unmanned aircraft are deployed against each other. ; (4) in the chapter analysis for chapter 2, by striking the item relating to section 40A and inserting the following: 40A. Interference by unauthorized unmanned aircraft with law enforcement, emergency response, and military activities. 40B. Misuse of unmanned aircraft. ; (5) in section 982(a)(6)(A), by inserting 39B (relating to unsafe operation of unmanned aircraft), 40A (relating to interference by unauthorized unmanned aircraft with law enforcement, emergency response, and military activities), 40B (relating to misuse of unmanned aircraft), before 555 ; (6) in section 2332b(g)(5)(B), by inserting 40B(b)(1) (relating to weaponization of unmanned aircraft), before 81 ; and (7) in section 2516(1)(c), by inserting section 39B (relating to unsafe operation of unmanned aircraft), section 40A (relating to interference by unauthorized unmanned aircraft with law enforcement, emergency response, and military activities), section 40B (relating to misuse of unmanned aircraft), before section 43. 40B. Misuse of unmanned aircraft (a) Definitions In this section— (1) the term aircraft , notwithstanding section 31(a)(1), means any device, craft, vehicle, or contrivance that is— (A) invented, used, or designed to navigate, fly, or travel in the air; or (B) used or intended to be used for flight in the air; (2) the term airport has the meaning given the term in section 40102(a)(9) of title 49; (3) the term contraband has the meaning given the term in section 80302(a) of title 49; (4) the term dangerous weapon has the meaning given the term in section 930; (5) the term explosive means any thing within the scope of the definition of explosive materials in section 841; (6) the term firearm has the meaning given the term in section 921; (7) the term Federal law includes any form of Federal law, including any Federal statute, rule, regulation, or order; (8) the term personnel of the United States means any Federal officer, employee, or contractor, or any person assisting such an officer, employee, or contractor in the performance of duties; (9) the terms prison and prohibited object have the meanings given those terms in section 1791; (10) the term restricted electromagnetic weapon means any type of device, instrument, technology, or contrivance that— (A) can generate or emit electromagnetic radiation or fields that are capable of jamming, disrupting, degrading, damaging, or interfering with the operation of any technological or electronic asset, system, network, or infrastructure, or any component or subcomponent thereof; and (B) is classified as a restricted electromagnetic weapon by the Attorney General, in consultation with the Secretary of Defense; (11) the term serious bodily injury has the meaning given the term in section 1365; (12) the term United States corporation or legal entity means any corporation or other entity organized under the laws of the United States or any State; (13) the term unmanned aircraft has the meaning given the term in section 44801 of title 49; (14) the term vessel means any craft or contrivance used, capable of being used, or designed to be used for transportation in, on, or through water; and (15) the term weapon of mass destruction has the meaning given the term in section 2332a. (b) Offenses (1) Weaponization It shall be unlawful, in a circumstance described in subsection (c), to knowingly— (A) equip or arm an unmanned aircraft with a firearm, explosive, dangerous weapon, restricted electromagnetic weapon, or weapon of mass destruction; (B) possess, receive, transfer, operate, or produce an unmanned aircraft that is equipped or armed with a firearm, explosive, dangerous weapon, restricted electromagnetic weapon, or weapon of mass destruction; (C) discharge or deploy a firearm, explosive, dangerous weapon, restricted electromagnetic weapon, or weapon of mass destruction using an unmanned aircraft; or (D) use an unmanned aircraft to cause— (i) serious bodily injury or death to a person; or (ii) damage to property in an amount that exceeds $5,000. (2) Operation of drone to commit felony It shall be unlawful to knowingly operate an unmanned aircraft in furtherance of the commission of a crime punishable by death or imprisonment of more than 1 year under a law of the United States or a State, if Federal law requires that the aircraft be registered and the aircraft is not registered. (3) Impairment of identification or lighting It shall be unlawful to, in violation of Federal law, knowingly and willfully— (A) remove, obliterate, tamper with, or alter the identification number of the unmanned aircraft; (B) disable or fail to effect any required identification transmission or signaling of the unmanned aircraft; or (C) disable or obscure any required anti-collision lighting of the unmanned aircraft or fail to have or illuminate such lighting as required. (4) Intrusion on protected spaces It shall be unlawful for any person, knowing that the conduct of the person is unlawful, to— (A) operate an unmanned aircraft in any airspace, or cause the takeoff or landing of an unmanned aircraft in any place, in violation of Federal law, including all applicable rules, regulations, and orders of the Federal Aviation Administration and the Department of Homeland Security; or (B) operate an unmanned aircraft across a border of the United States or its territories or possessions without complying with the requirements of Federal law, including all applicable rules, regulations, and orders of the Federal Aviation Administration and the Department of Homeland Security. (5) Transportation of contraband It shall be unlawful to knowingly use an unmanned aircraft to— (A) transport contraband; or (B) introduce a prohibited object into a prison. (c) Circumstances The circumstances described in this subsection are that the offense— (1) is an offense under paragraph (2), (3), (4), or (5) of subsection (b); (2) involves an unmanned aircraft, firearm, explosive, dangerous weapon, restricted electromagnetic weapon, weapon of mass destruction, or ammunition that has moved at any time in interstate or foreign commerce; (3) occurs in or affects interstate or foreign commerce; (4) involves the movement of any person or thing in, or use of any means or instrumentality of, interstate or foreign commerce; (5) involves— (A) any use of the electromagnetic spectrum that is subject to the jurisdiction of the Federal Communications Commission or the National Telecommunications and Information Administration; or (B) any aircraft or airspace use that is subject to the jurisdiction of the Federal Aviation Administration; (6) is committed, whether within or outside of the United States, against— (A) the United States or any department, agency, property, activity, or personnel of the United States; or (B) an aircraft in the special aircraft jurisdiction of the United States (as defined in section 46501 of title 49); (7) is committed outside of the United States against any United States national, United States corporation or legal entity, aircraft registered under United States law, or vessel of the United States or vessel subject to the jurisdiction of the United States (as those terms are defined in section 70502 of title 46); or (8) is committed in the special maritime and territorial jurisdiction of the United States. (d) Penalties Any person who violates subsection (b)— (1) in the case of a violation of paragraph (2), (3), or (4) of that subsection, shall be imprisoned for not more than 5 years, fined under this title, or both; (2) in the case of a violation of paragraph (1)(A), (1)(B), (1)(C), or (5) of that subsection, shall be imprisoned for not more than 10 years, fined under this title, or both; (3) subject to paragraph (4) of this subsection, in the case of a violation of paragraph (1)(D) of that subsection, shall be imprisoned for not more than 20 years, fined under this title, or both; and (4) in the case of a violation of any paragraph of that subsection, if death results, shall be sentenced to death or imprisoned for any term of years or for life, fined under this title, or both. (e) Inchoate offenses (1) In general Whoever threatens, attempts, or conspires to commit an offense under subsection (b) shall be subject to the same punishment under subsection (d) as for a completed offense. (2) Federal jurisdiction In the case of a threat, attempt, or conspiracy to commit an offense under subsection (b), the requirement that a circumstance described in subsection (c) exists shall be satisfied if any of the circumstances described in that subsection would have existed had the offense been carried out. (f) Exceptions (1) Government-authorized conduct Subsection (b) shall not apply to conduct by or under the authority of, authorized by, or pursuant to a contract with, the United States or a State, tribal, or local government, or any department or agency of the United States or a State, tribal, or local government. (2) Weaponization for authorized or licensed activities Subsection (b)(1), as that subsection applies to firearms, explosives, and other dangerous weapons, shall not apply to— (A) conduct related to avalanche mitigation; or (B) any other conduct in which the use of the firearm, explosive, or dangerous weapon is licensed or otherwise permitted for the mitigation of dangers associated with hazardous environments. (3) Authorized property damage Subsection (b)(1)(D) shall not apply to conduct consisting of injury to property, if engaged in by or with the authorization or consent of the owner of the property, including in any consensual competition in which unmanned aircraft are deployed against each other.
22,547
[ "Judiciary Committee" ]
118hr2151ih
118
hr
2,151
ih
To provide for a limitation on availability of funds for Independent Agencies, US Tax Court for fiscal year 2024.
[ { "text": "1. Limitation on availability of funds for Independent Agencies, US Tax Court for fiscal year 2024 \nNotwithstanding any other provision of the law, amounts authorized to be appropriated or otherwise available for Independent Agencies, US Tax Court for fiscal year 2024 may not exceed $51,515,000.", "id": "H32F891CC025143BF93B1DAF361977921", "header": "Limitation on availability of funds for Independent Agencies, US Tax Court for fiscal year 2024", "nested": [], "links": [] } ]
1
1. Limitation on availability of funds for Independent Agencies, US Tax Court for fiscal year 2024 Notwithstanding any other provision of the law, amounts authorized to be appropriated or otherwise available for Independent Agencies, US Tax Court for fiscal year 2024 may not exceed $51,515,000.
296
[ "Ways and Means Committee" ]
118hr4609ih
118
hr
4,609
ih
To amend title 49, United States Code, to provide grants and develop value capture policy.
[ { "text": "1. Short title \nThis Act may be cited as the Incentivizing Value Capture for Greener Transportation Act.", "id": "H31040E9CFD214C09AAC31776FB38D0DA", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Findings \nCongress finds the following: (1) In 2018, greenhouse gas emissions (GHG) rose sharply by 3.4 percent, the second-largest annual gain in more than 20 years, and GHG emissions have grown by approximately 1.5 percent every year over the last decade. (2) Greenhouse gas emissions from the transportation sector, including cars and trucks, are the largest source of GHG emissions in the United States with the transportation sector emitting 1,900,000,000 tons of carbon dioxide (CO2) annually. (3) Annual vehicle miles traveled (VMT) in the United States have nearly tripled since 1971, rising to 3,210,000,000,000 in 2018. (4) Consequently, in 2018, Americans lost an average of 97 hours a year due to congestion, costing them nearly $87,000,000,000. (5) Residents in communities located near high-capacity transit are twice as likely not to own a car as residents who live elsewhere, and they own half as many cars per household. (6) Increasing transit ridership and improving our transit systems in urban, suburban, and exurban areas, using innovative solutions such as land value capture, will help reduce VMT, congestion, GHG emissions, and reliance on fossil fuels and vehicles. By reducing such factors, the United States can help curb the effects of climate change.", "id": "HD9A1F65AA7DB43E1905CC55B61C70549", "header": "Findings", "nested": [], "links": [] }, { "text": "3. Value capture policy and planning program \nChapter 53 of title 49, United States Code, is amended by adding at the end the following: 5341. Technical assistance and value capture policy \n(a) Technical assistance and policy development \n(1) Technical assistance grants \nThe Secretary may make a grant available to a State or local government if the Secretary determines that such grant will assist recipients under this section to— (A) develop more State and local value capture mechanisms for long-term funding that promote mobility, public transportation, and affordable transit-oriented development; (B) improve public transportation and mobility; and (C) develop strategic partnerships that create greater self-help capacity that leads to greater long term and robust investments in public transportation, mobility, inclusive economic development, and affordable transit-oriented development. (2) Performance benchmarks and maintenance of effort \n(A) Performance benchmarks \nTo be eligible for a grant under this section, the grantee shall include in its application an explanation of how the grant funds will demonstrably increase transit capacity and ridership and reduce carbon dioxide emissions, vehicle miles traveled, and congestion. (B) Maintenance of effort \n(i) In general and possible reduction \nIn addition to the eligibility requirements of subparagraph (A), a grantee also needs to include in its application a certification to maintain the same funding level as the aggregate expenditures at or above the average level of expenditures in the 2 fiscal years prior to the date of enactment of this section. If a State or local government that receives a grant under this section reduces its combined fiscal effort for value capture initiatives and programs or the aggregate expenditures within the State or local government to support value capture, public transportation, or affordable transit-oriented development programs for any fiscal year that a State or local government receives a grant authorized under this section relative to the previous fiscal year, the Secretary, except as provided in clause (ii), shall reduce support for such State or local government under this section by the same amount as the decline in State or local effort for such fiscal year. (ii) Waiver \nThe Secretary may waive the requirements of this subparagraph if— (I) the Secretary determines that a waiver would be appropriate due to a precipitous decline in the financial resources of a State or local government as a result of unforeseen economic hardship or a natural disaster that has necessitated across-the-board reductions in State or local services, including value capture, public transportation, and affordable transit-oriented development programs; or (II) due to the circumstances of a State or local government requiring reductions in specific programs, if the State or local government presents to the Secretary a justification and demonstration why other programs could not be reduced and how value capture, public transportation, and affordable transit-oriented development programs in the State will not be disproportionately harmed by such State or local action. (3) Davis-Bacon \nThe Secretary shall ensure that laborers and mechanics employed by contractors and subcontractors in construction work financed by a grant made under this section will be paid wages not less than those prevailing on similar construction in the locality, as determined by the Secretary of Labor under subchapter IV of chapter 31 of title 40 (commonly known as the Davis-Bacon Act ). (4) Enforcement \nThe Secretary may revoke grant funds provided under this section if a grantee fails to implement the maintenance of effort under paragraph (2)(B) and Davis-Bacon provisions referred to paragraph (3). (5) Evaluation \nNot later than 3 years after receiving a grant under this section, the grantee shall assess the effectiveness of the use of the funds by evaluating whether the funds created a demonstrable increase in transit capacity and ridership and a reduction in carbon dioxide emissions, vehicle miles traveled, and congestion. (6) Technical assistance \nThe Secretary, through a competitive bid process, may enter into contracts, cooperative agreements, and other agreements with national nonprofit organizations and universities that have the appropriate demonstrated capacity to provide value capture-related technical assistance under this subsection, including guidance on implementing foreign value capture models within the United States. (7) Supplement not supplant \nGrant funds received under this section shall be used to supplement and not supplant other Federal, State, and local public funds expended on public value capture and affordable transit-oriented development programs in the State or local government. (8) Value capture policy requirements \n(A) Value capture policy \nNot later than October 1 of the fiscal year that begins 2 years after the date of enactment of this section, the Secretary, in collaboration with State departments of transportation, metropolitan planning organizations, and regional council of governments, shall establish voluntary and consensus-based value capture standards, policies, and best practices for State and local value capture mechanisms that promote greater investments in public transportation and affordable transit-oriented development. (B) Report \nNot later than 15 months after the date of enactment of this section, the Secretary shall make available to the public a report cataloging examples of State and local laws and policies that provide for value capture and value sharing that promote greater investment in public transportation and affordable transit-oriented development. (C) Best practices \nBased on the report required under subparagraph (B), the Secretary shall identify and disseminate examples of best practices where States and local governments have adopted value capture and value sharing mechanisms that have successfully provided for greater investment in public transportation and affordable transit-oriented development. (b) Definitions \nIn this section: (1) Affordable commercial space \nThe term affordable commercial space means commercial space dedicated to either protect or promote small and disadvantage businesses provided below market rent value. (2) Affordable housing \nThe term affordable housing means housing, the cost of which does not exceed 30 percent of the income of a family. (3) Transit-oriented development \nThe term transit-oriented development means a mix of commercial, residential, office, and entertainment centered around or located near a public transportation station that promotes affordable housing and commercial space. (4) Value capture \nThe term value capture means capturing a portion of the incremental economic value created by government investments, activities, and policies that may generate alternative revenue streams, assets, or other financial value for which could assist in funding those investments and activities..", "id": "H5C01741EA41A4F61B72F0D21751E3A7A", "header": "Value capture policy and planning program", "nested": [], "links": [ { "text": "Chapter 53", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/49/53" }, { "text": "chapter 31", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/40/31" } ] }, { "text": "5341. Technical assistance and value capture policy \n(a) Technical assistance and policy development \n(1) Technical assistance grants \nThe Secretary may make a grant available to a State or local government if the Secretary determines that such grant will assist recipients under this section to— (A) develop more State and local value capture mechanisms for long-term funding that promote mobility, public transportation, and affordable transit-oriented development; (B) improve public transportation and mobility; and (C) develop strategic partnerships that create greater self-help capacity that leads to greater long term and robust investments in public transportation, mobility, inclusive economic development, and affordable transit-oriented development. (2) Performance benchmarks and maintenance of effort \n(A) Performance benchmarks \nTo be eligible for a grant under this section, the grantee shall include in its application an explanation of how the grant funds will demonstrably increase transit capacity and ridership and reduce carbon dioxide emissions, vehicle miles traveled, and congestion. (B) Maintenance of effort \n(i) In general and possible reduction \nIn addition to the eligibility requirements of subparagraph (A), a grantee also needs to include in its application a certification to maintain the same funding level as the aggregate expenditures at or above the average level of expenditures in the 2 fiscal years prior to the date of enactment of this section. If a State or local government that receives a grant under this section reduces its combined fiscal effort for value capture initiatives and programs or the aggregate expenditures within the State or local government to support value capture, public transportation, or affordable transit-oriented development programs for any fiscal year that a State or local government receives a grant authorized under this section relative to the previous fiscal year, the Secretary, except as provided in clause (ii), shall reduce support for such State or local government under this section by the same amount as the decline in State or local effort for such fiscal year. (ii) Waiver \nThe Secretary may waive the requirements of this subparagraph if— (I) the Secretary determines that a waiver would be appropriate due to a precipitous decline in the financial resources of a State or local government as a result of unforeseen economic hardship or a natural disaster that has necessitated across-the-board reductions in State or local services, including value capture, public transportation, and affordable transit-oriented development programs; or (II) due to the circumstances of a State or local government requiring reductions in specific programs, if the State or local government presents to the Secretary a justification and demonstration why other programs could not be reduced and how value capture, public transportation, and affordable transit-oriented development programs in the State will not be disproportionately harmed by such State or local action. (3) Davis-Bacon \nThe Secretary shall ensure that laborers and mechanics employed by contractors and subcontractors in construction work financed by a grant made under this section will be paid wages not less than those prevailing on similar construction in the locality, as determined by the Secretary of Labor under subchapter IV of chapter 31 of title 40 (commonly known as the Davis-Bacon Act ). (4) Enforcement \nThe Secretary may revoke grant funds provided under this section if a grantee fails to implement the maintenance of effort under paragraph (2)(B) and Davis-Bacon provisions referred to paragraph (3). (5) Evaluation \nNot later than 3 years after receiving a grant under this section, the grantee shall assess the effectiveness of the use of the funds by evaluating whether the funds created a demonstrable increase in transit capacity and ridership and a reduction in carbon dioxide emissions, vehicle miles traveled, and congestion. (6) Technical assistance \nThe Secretary, through a competitive bid process, may enter into contracts, cooperative agreements, and other agreements with national nonprofit organizations and universities that have the appropriate demonstrated capacity to provide value capture-related technical assistance under this subsection, including guidance on implementing foreign value capture models within the United States. (7) Supplement not supplant \nGrant funds received under this section shall be used to supplement and not supplant other Federal, State, and local public funds expended on public value capture and affordable transit-oriented development programs in the State or local government. (8) Value capture policy requirements \n(A) Value capture policy \nNot later than October 1 of the fiscal year that begins 2 years after the date of enactment of this section, the Secretary, in collaboration with State departments of transportation, metropolitan planning organizations, and regional council of governments, shall establish voluntary and consensus-based value capture standards, policies, and best practices for State and local value capture mechanisms that promote greater investments in public transportation and affordable transit-oriented development. (B) Report \nNot later than 15 months after the date of enactment of this section, the Secretary shall make available to the public a report cataloging examples of State and local laws and policies that provide for value capture and value sharing that promote greater investment in public transportation and affordable transit-oriented development. (C) Best practices \nBased on the report required under subparagraph (B), the Secretary shall identify and disseminate examples of best practices where States and local governments have adopted value capture and value sharing mechanisms that have successfully provided for greater investment in public transportation and affordable transit-oriented development. (b) Definitions \nIn this section: (1) Affordable commercial space \nThe term affordable commercial space means commercial space dedicated to either protect or promote small and disadvantage businesses provided below market rent value. (2) Affordable housing \nThe term affordable housing means housing, the cost of which does not exceed 30 percent of the income of a family. (3) Transit-oriented development \nThe term transit-oriented development means a mix of commercial, residential, office, and entertainment centered around or located near a public transportation station that promotes affordable housing and commercial space. (4) Value capture \nThe term value capture means capturing a portion of the incremental economic value created by government investments, activities, and policies that may generate alternative revenue streams, assets, or other financial value for which could assist in funding those investments and activities.", "id": "HD57CF59CA06149A89754531A0F76EDD4", "header": "Technical assistance and value capture policy", "nested": [ { "text": "(a) Technical assistance and policy development \n(1) Technical assistance grants \nThe Secretary may make a grant available to a State or local government if the Secretary determines that such grant will assist recipients under this section to— (A) develop more State and local value capture mechanisms for long-term funding that promote mobility, public transportation, and affordable transit-oriented development; (B) improve public transportation and mobility; and (C) develop strategic partnerships that create greater self-help capacity that leads to greater long term and robust investments in public transportation, mobility, inclusive economic development, and affordable transit-oriented development. (2) Performance benchmarks and maintenance of effort \n(A) Performance benchmarks \nTo be eligible for a grant under this section, the grantee shall include in its application an explanation of how the grant funds will demonstrably increase transit capacity and ridership and reduce carbon dioxide emissions, vehicle miles traveled, and congestion. (B) Maintenance of effort \n(i) In general and possible reduction \nIn addition to the eligibility requirements of subparagraph (A), a grantee also needs to include in its application a certification to maintain the same funding level as the aggregate expenditures at or above the average level of expenditures in the 2 fiscal years prior to the date of enactment of this section. If a State or local government that receives a grant under this section reduces its combined fiscal effort for value capture initiatives and programs or the aggregate expenditures within the State or local government to support value capture, public transportation, or affordable transit-oriented development programs for any fiscal year that a State or local government receives a grant authorized under this section relative to the previous fiscal year, the Secretary, except as provided in clause (ii), shall reduce support for such State or local government under this section by the same amount as the decline in State or local effort for such fiscal year. (ii) Waiver \nThe Secretary may waive the requirements of this subparagraph if— (I) the Secretary determines that a waiver would be appropriate due to a precipitous decline in the financial resources of a State or local government as a result of unforeseen economic hardship or a natural disaster that has necessitated across-the-board reductions in State or local services, including value capture, public transportation, and affordable transit-oriented development programs; or (II) due to the circumstances of a State or local government requiring reductions in specific programs, if the State or local government presents to the Secretary a justification and demonstration why other programs could not be reduced and how value capture, public transportation, and affordable transit-oriented development programs in the State will not be disproportionately harmed by such State or local action. (3) Davis-Bacon \nThe Secretary shall ensure that laborers and mechanics employed by contractors and subcontractors in construction work financed by a grant made under this section will be paid wages not less than those prevailing on similar construction in the locality, as determined by the Secretary of Labor under subchapter IV of chapter 31 of title 40 (commonly known as the Davis-Bacon Act ). (4) Enforcement \nThe Secretary may revoke grant funds provided under this section if a grantee fails to implement the maintenance of effort under paragraph (2)(B) and Davis-Bacon provisions referred to paragraph (3). (5) Evaluation \nNot later than 3 years after receiving a grant under this section, the grantee shall assess the effectiveness of the use of the funds by evaluating whether the funds created a demonstrable increase in transit capacity and ridership and a reduction in carbon dioxide emissions, vehicle miles traveled, and congestion. (6) Technical assistance \nThe Secretary, through a competitive bid process, may enter into contracts, cooperative agreements, and other agreements with national nonprofit organizations and universities that have the appropriate demonstrated capacity to provide value capture-related technical assistance under this subsection, including guidance on implementing foreign value capture models within the United States. (7) Supplement not supplant \nGrant funds received under this section shall be used to supplement and not supplant other Federal, State, and local public funds expended on public value capture and affordable transit-oriented development programs in the State or local government. (8) Value capture policy requirements \n(A) Value capture policy \nNot later than October 1 of the fiscal year that begins 2 years after the date of enactment of this section, the Secretary, in collaboration with State departments of transportation, metropolitan planning organizations, and regional council of governments, shall establish voluntary and consensus-based value capture standards, policies, and best practices for State and local value capture mechanisms that promote greater investments in public transportation and affordable transit-oriented development. (B) Report \nNot later than 15 months after the date of enactment of this section, the Secretary shall make available to the public a report cataloging examples of State and local laws and policies that provide for value capture and value sharing that promote greater investment in public transportation and affordable transit-oriented development. (C) Best practices \nBased on the report required under subparagraph (B), the Secretary shall identify and disseminate examples of best practices where States and local governments have adopted value capture and value sharing mechanisms that have successfully provided for greater investment in public transportation and affordable transit-oriented development.", "id": "H03B18C9AA92D44B9ABFD9A717F8E45B4", "header": "Technical assistance and policy development", "nested": [], "links": [ { "text": "chapter 31", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/40/31" } ] }, { "text": "(b) Definitions \nIn this section: (1) Affordable commercial space \nThe term affordable commercial space means commercial space dedicated to either protect or promote small and disadvantage businesses provided below market rent value. (2) Affordable housing \nThe term affordable housing means housing, the cost of which does not exceed 30 percent of the income of a family. (3) Transit-oriented development \nThe term transit-oriented development means a mix of commercial, residential, office, and entertainment centered around or located near a public transportation station that promotes affordable housing and commercial space. (4) Value capture \nThe term value capture means capturing a portion of the incremental economic value created by government investments, activities, and policies that may generate alternative revenue streams, assets, or other financial value for which could assist in funding those investments and activities.", "id": "H16A83717F7DB43C48F6B134CC19CC277", "header": "Definitions", "nested": [], "links": [] } ], "links": [ { "text": "chapter 31", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/40/31" } ] } ]
4
1. Short title This Act may be cited as the Incentivizing Value Capture for Greener Transportation Act. 2. Findings Congress finds the following: (1) In 2018, greenhouse gas emissions (GHG) rose sharply by 3.4 percent, the second-largest annual gain in more than 20 years, and GHG emissions have grown by approximately 1.5 percent every year over the last decade. (2) Greenhouse gas emissions from the transportation sector, including cars and trucks, are the largest source of GHG emissions in the United States with the transportation sector emitting 1,900,000,000 tons of carbon dioxide (CO2) annually. (3) Annual vehicle miles traveled (VMT) in the United States have nearly tripled since 1971, rising to 3,210,000,000,000 in 2018. (4) Consequently, in 2018, Americans lost an average of 97 hours a year due to congestion, costing them nearly $87,000,000,000. (5) Residents in communities located near high-capacity transit are twice as likely not to own a car as residents who live elsewhere, and they own half as many cars per household. (6) Increasing transit ridership and improving our transit systems in urban, suburban, and exurban areas, using innovative solutions such as land value capture, will help reduce VMT, congestion, GHG emissions, and reliance on fossil fuels and vehicles. By reducing such factors, the United States can help curb the effects of climate change. 3. Value capture policy and planning program Chapter 53 of title 49, United States Code, is amended by adding at the end the following: 5341. Technical assistance and value capture policy (a) Technical assistance and policy development (1) Technical assistance grants The Secretary may make a grant available to a State or local government if the Secretary determines that such grant will assist recipients under this section to— (A) develop more State and local value capture mechanisms for long-term funding that promote mobility, public transportation, and affordable transit-oriented development; (B) improve public transportation and mobility; and (C) develop strategic partnerships that create greater self-help capacity that leads to greater long term and robust investments in public transportation, mobility, inclusive economic development, and affordable transit-oriented development. (2) Performance benchmarks and maintenance of effort (A) Performance benchmarks To be eligible for a grant under this section, the grantee shall include in its application an explanation of how the grant funds will demonstrably increase transit capacity and ridership and reduce carbon dioxide emissions, vehicle miles traveled, and congestion. (B) Maintenance of effort (i) In general and possible reduction In addition to the eligibility requirements of subparagraph (A), a grantee also needs to include in its application a certification to maintain the same funding level as the aggregate expenditures at or above the average level of expenditures in the 2 fiscal years prior to the date of enactment of this section. If a State or local government that receives a grant under this section reduces its combined fiscal effort for value capture initiatives and programs or the aggregate expenditures within the State or local government to support value capture, public transportation, or affordable transit-oriented development programs for any fiscal year that a State or local government receives a grant authorized under this section relative to the previous fiscal year, the Secretary, except as provided in clause (ii), shall reduce support for such State or local government under this section by the same amount as the decline in State or local effort for such fiscal year. (ii) Waiver The Secretary may waive the requirements of this subparagraph if— (I) the Secretary determines that a waiver would be appropriate due to a precipitous decline in the financial resources of a State or local government as a result of unforeseen economic hardship or a natural disaster that has necessitated across-the-board reductions in State or local services, including value capture, public transportation, and affordable transit-oriented development programs; or (II) due to the circumstances of a State or local government requiring reductions in specific programs, if the State or local government presents to the Secretary a justification and demonstration why other programs could not be reduced and how value capture, public transportation, and affordable transit-oriented development programs in the State will not be disproportionately harmed by such State or local action. (3) Davis-Bacon The Secretary shall ensure that laborers and mechanics employed by contractors and subcontractors in construction work financed by a grant made under this section will be paid wages not less than those prevailing on similar construction in the locality, as determined by the Secretary of Labor under subchapter IV of chapter 31 of title 40 (commonly known as the Davis-Bacon Act ). (4) Enforcement The Secretary may revoke grant funds provided under this section if a grantee fails to implement the maintenance of effort under paragraph (2)(B) and Davis-Bacon provisions referred to paragraph (3). (5) Evaluation Not later than 3 years after receiving a grant under this section, the grantee shall assess the effectiveness of the use of the funds by evaluating whether the funds created a demonstrable increase in transit capacity and ridership and a reduction in carbon dioxide emissions, vehicle miles traveled, and congestion. (6) Technical assistance The Secretary, through a competitive bid process, may enter into contracts, cooperative agreements, and other agreements with national nonprofit organizations and universities that have the appropriate demonstrated capacity to provide value capture-related technical assistance under this subsection, including guidance on implementing foreign value capture models within the United States. (7) Supplement not supplant Grant funds received under this section shall be used to supplement and not supplant other Federal, State, and local public funds expended on public value capture and affordable transit-oriented development programs in the State or local government. (8) Value capture policy requirements (A) Value capture policy Not later than October 1 of the fiscal year that begins 2 years after the date of enactment of this section, the Secretary, in collaboration with State departments of transportation, metropolitan planning organizations, and regional council of governments, shall establish voluntary and consensus-based value capture standards, policies, and best practices for State and local value capture mechanisms that promote greater investments in public transportation and affordable transit-oriented development. (B) Report Not later than 15 months after the date of enactment of this section, the Secretary shall make available to the public a report cataloging examples of State and local laws and policies that provide for value capture and value sharing that promote greater investment in public transportation and affordable transit-oriented development. (C) Best practices Based on the report required under subparagraph (B), the Secretary shall identify and disseminate examples of best practices where States and local governments have adopted value capture and value sharing mechanisms that have successfully provided for greater investment in public transportation and affordable transit-oriented development. (b) Definitions In this section: (1) Affordable commercial space The term affordable commercial space means commercial space dedicated to either protect or promote small and disadvantage businesses provided below market rent value. (2) Affordable housing The term affordable housing means housing, the cost of which does not exceed 30 percent of the income of a family. (3) Transit-oriented development The term transit-oriented development means a mix of commercial, residential, office, and entertainment centered around or located near a public transportation station that promotes affordable housing and commercial space. (4) Value capture The term value capture means capturing a portion of the incremental economic value created by government investments, activities, and policies that may generate alternative revenue streams, assets, or other financial value for which could assist in funding those investments and activities.. 5341. Technical assistance and value capture policy (a) Technical assistance and policy development (1) Technical assistance grants The Secretary may make a grant available to a State or local government if the Secretary determines that such grant will assist recipients under this section to— (A) develop more State and local value capture mechanisms for long-term funding that promote mobility, public transportation, and affordable transit-oriented development; (B) improve public transportation and mobility; and (C) develop strategic partnerships that create greater self-help capacity that leads to greater long term and robust investments in public transportation, mobility, inclusive economic development, and affordable transit-oriented development. (2) Performance benchmarks and maintenance of effort (A) Performance benchmarks To be eligible for a grant under this section, the grantee shall include in its application an explanation of how the grant funds will demonstrably increase transit capacity and ridership and reduce carbon dioxide emissions, vehicle miles traveled, and congestion. (B) Maintenance of effort (i) In general and possible reduction In addition to the eligibility requirements of subparagraph (A), a grantee also needs to include in its application a certification to maintain the same funding level as the aggregate expenditures at or above the average level of expenditures in the 2 fiscal years prior to the date of enactment of this section. If a State or local government that receives a grant under this section reduces its combined fiscal effort for value capture initiatives and programs or the aggregate expenditures within the State or local government to support value capture, public transportation, or affordable transit-oriented development programs for any fiscal year that a State or local government receives a grant authorized under this section relative to the previous fiscal year, the Secretary, except as provided in clause (ii), shall reduce support for such State or local government under this section by the same amount as the decline in State or local effort for such fiscal year. (ii) Waiver The Secretary may waive the requirements of this subparagraph if— (I) the Secretary determines that a waiver would be appropriate due to a precipitous decline in the financial resources of a State or local government as a result of unforeseen economic hardship or a natural disaster that has necessitated across-the-board reductions in State or local services, including value capture, public transportation, and affordable transit-oriented development programs; or (II) due to the circumstances of a State or local government requiring reductions in specific programs, if the State or local government presents to the Secretary a justification and demonstration why other programs could not be reduced and how value capture, public transportation, and affordable transit-oriented development programs in the State will not be disproportionately harmed by such State or local action. (3) Davis-Bacon The Secretary shall ensure that laborers and mechanics employed by contractors and subcontractors in construction work financed by a grant made under this section will be paid wages not less than those prevailing on similar construction in the locality, as determined by the Secretary of Labor under subchapter IV of chapter 31 of title 40 (commonly known as the Davis-Bacon Act ). (4) Enforcement The Secretary may revoke grant funds provided under this section if a grantee fails to implement the maintenance of effort under paragraph (2)(B) and Davis-Bacon provisions referred to paragraph (3). (5) Evaluation Not later than 3 years after receiving a grant under this section, the grantee shall assess the effectiveness of the use of the funds by evaluating whether the funds created a demonstrable increase in transit capacity and ridership and a reduction in carbon dioxide emissions, vehicle miles traveled, and congestion. (6) Technical assistance The Secretary, through a competitive bid process, may enter into contracts, cooperative agreements, and other agreements with national nonprofit organizations and universities that have the appropriate demonstrated capacity to provide value capture-related technical assistance under this subsection, including guidance on implementing foreign value capture models within the United States. (7) Supplement not supplant Grant funds received under this section shall be used to supplement and not supplant other Federal, State, and local public funds expended on public value capture and affordable transit-oriented development programs in the State or local government. (8) Value capture policy requirements (A) Value capture policy Not later than October 1 of the fiscal year that begins 2 years after the date of enactment of this section, the Secretary, in collaboration with State departments of transportation, metropolitan planning organizations, and regional council of governments, shall establish voluntary and consensus-based value capture standards, policies, and best practices for State and local value capture mechanisms that promote greater investments in public transportation and affordable transit-oriented development. (B) Report Not later than 15 months after the date of enactment of this section, the Secretary shall make available to the public a report cataloging examples of State and local laws and policies that provide for value capture and value sharing that promote greater investment in public transportation and affordable transit-oriented development. (C) Best practices Based on the report required under subparagraph (B), the Secretary shall identify and disseminate examples of best practices where States and local governments have adopted value capture and value sharing mechanisms that have successfully provided for greater investment in public transportation and affordable transit-oriented development. (b) Definitions In this section: (1) Affordable commercial space The term affordable commercial space means commercial space dedicated to either protect or promote small and disadvantage businesses provided below market rent value. (2) Affordable housing The term affordable housing means housing, the cost of which does not exceed 30 percent of the income of a family. (3) Transit-oriented development The term transit-oriented development means a mix of commercial, residential, office, and entertainment centered around or located near a public transportation station that promotes affordable housing and commercial space. (4) Value capture The term value capture means capturing a portion of the incremental economic value created by government investments, activities, and policies that may generate alternative revenue streams, assets, or other financial value for which could assist in funding those investments and activities.
15,347
[ "Transportation and Infrastructure Committee" ]
118hr6972ih
118
hr
6,972
ih
To amend title 5, United States Code, to require an Executive agency whose head is a member of the National Security Council to notify the Executive Office of the President, the Comptroller General of the United States, and congressional leadership of such head becoming medically incapacitated within 24 hours, and for other purposes.
[ { "text": "1. Short title \nThis Act may be cited as the Securing Chain of Command Continuity Act.", "id": "H4E53AB6C5C174A8F9FEDF3F99ADD6484", "header": "Short title", "nested": [], "links": [] }, { "text": "2. National Security Council medical incapacity notification enhancement \nSection 3349 of title 5, United States Code, is amended by adding at the end the following new subsection: (c) (1) Not later than 24 hours after the head of an Executive agency who is a member of the National Security Council becomes medically incapacitated, the person serving in an acting capacity as such head or, if no person is so acting, the first assistant to the office of such head, shall submit to the Executive Office of the President, the Comptroller General of the United States, the Majority Leader of the Senate, the Minority Leader of the Senate, the Speaker of the House of Representatives, and the Minority Leader of the House of Representatives a notification that such head is medically incapacitated. (2) If the notification required by paragraph (1) with respect to a head of an Executive agency becoming medically incapacitated is not submitted in accordance with the requirements of such paragraph, not later than 30 days after the date on which such head became subject to such medical incapacity the person serving in an acting capacity as such head or, if no person is so acting, the first assistant to the office of such head, shall submit to the Executive Office of the President, the Comptroller General of the United States, the Majority Leader of the Senate, the Minority Leader of the Senate, the Speaker of the House of Representatives, and the Minority Leader of the House of Representatives a report including— (A) the name of each individual who served in an acting capacity as such head pursuant to such medical incapacity and, for each such individual— (i) the dates of such service; (ii) whether such individual was authorized to serve in such acting capacity; and (iii) a comprehensive list of resources allocated to such individual while serving in such acting capacity to ensure that such individual could perform the functions and duties of the office of such head; (B) an explanation why the notification required by paragraph (1) was not submitted in accordance with the requirements of such paragraph; (C) the dates during which such head was subject to such medical incapacity, including the date on which such head resumed performing the functions and duties of the office of the head; and (D) an explanation why such head was medically incapacitated. (3) In this subsection: (A) The terms medical incapacity and medically incapacitated mean, with respect to the head of an Executive agency, that such head is unable to perform the functions and duties of the office of such head due to sickness and such inability to perform the functions and duties of the office of such head constitutes a vacancy of the office of such head to which this section and sections 3345, 3346, 3347, 3348, 3349a, 3349b, 3349c, and 3349d apply. (B) The term National Security Council means the council established under section 101 of the National Security Act of 1947 ( 50 U.S.C. 3021 )..", "id": "H4ADA4B184BD14FDAB9CFBAF8A59EE684", "header": "National Security Council medical incapacity notification enhancement", "nested": [], "links": [ { "text": "50 U.S.C. 3021", "legal-doc": "usc", "parsable-cite": "usc/50/3021" } ] } ]
2
1. Short title This Act may be cited as the Securing Chain of Command Continuity Act. 2. National Security Council medical incapacity notification enhancement Section 3349 of title 5, United States Code, is amended by adding at the end the following new subsection: (c) (1) Not later than 24 hours after the head of an Executive agency who is a member of the National Security Council becomes medically incapacitated, the person serving in an acting capacity as such head or, if no person is so acting, the first assistant to the office of such head, shall submit to the Executive Office of the President, the Comptroller General of the United States, the Majority Leader of the Senate, the Minority Leader of the Senate, the Speaker of the House of Representatives, and the Minority Leader of the House of Representatives a notification that such head is medically incapacitated. (2) If the notification required by paragraph (1) with respect to a head of an Executive agency becoming medically incapacitated is not submitted in accordance with the requirements of such paragraph, not later than 30 days after the date on which such head became subject to such medical incapacity the person serving in an acting capacity as such head or, if no person is so acting, the first assistant to the office of such head, shall submit to the Executive Office of the President, the Comptroller General of the United States, the Majority Leader of the Senate, the Minority Leader of the Senate, the Speaker of the House of Representatives, and the Minority Leader of the House of Representatives a report including— (A) the name of each individual who served in an acting capacity as such head pursuant to such medical incapacity and, for each such individual— (i) the dates of such service; (ii) whether such individual was authorized to serve in such acting capacity; and (iii) a comprehensive list of resources allocated to such individual while serving in such acting capacity to ensure that such individual could perform the functions and duties of the office of such head; (B) an explanation why the notification required by paragraph (1) was not submitted in accordance with the requirements of such paragraph; (C) the dates during which such head was subject to such medical incapacity, including the date on which such head resumed performing the functions and duties of the office of the head; and (D) an explanation why such head was medically incapacitated. (3) In this subsection: (A) The terms medical incapacity and medically incapacitated mean, with respect to the head of an Executive agency, that such head is unable to perform the functions and duties of the office of such head due to sickness and such inability to perform the functions and duties of the office of such head constitutes a vacancy of the office of such head to which this section and sections 3345, 3346, 3347, 3348, 3349a, 3349b, 3349c, and 3349d apply. (B) The term National Security Council means the council established under section 101 of the National Security Act of 1947 ( 50 U.S.C. 3021 )..
3,078
[ "Oversight and Accountability Committee" ]
118hr2235ih
118
hr
2,235
ih
To provide for a limitation on availability of funds for US Department of Agriculture, Executive Operations, Office of Budget and Program Analysis for fiscal year 2024.
[ { "text": "1. Limitation on availability of funds for US Department of Agriculture, Executive Operations, Office of Budget and Program Analysis for fiscal year 2024 \nNotwithstanding any other provision of the law, amounts authorized to be appropriated or otherwise available for US Department of Agriculture, Executive Operations, Office of Budget and Program Analysis for fiscal year 2024 may not exceed $9,525,000.", "id": "H32F891CC025143BF93B1DAF361977921", "header": "Limitation on availability of funds for US Department of Agriculture, Executive Operations, Office of Budget and Program Analysis for fiscal year 2024", "nested": [], "links": [] } ]
1
1. Limitation on availability of funds for US Department of Agriculture, Executive Operations, Office of Budget and Program Analysis for fiscal year 2024 Notwithstanding any other provision of the law, amounts authorized to be appropriated or otherwise available for US Department of Agriculture, Executive Operations, Office of Budget and Program Analysis for fiscal year 2024 may not exceed $9,525,000.
405
[ "Agriculture Committee" ]
118hr2565ih
118
hr
2,565
ih
To direct the Administrator of the Federal Aviation Administration to establish an advisory committee for communities impacted by aviation, and for other purposes.
[ { "text": "1. Impacted communities advisory committee \n(a) In general \nNot later than 60 days after the date of enactment of this Act, the Administrator of the Federal Aviation Administration shall establish an Impacted Communities Advisory Committee (in this section referred to as the Advisory Committee ). (b) Duties \nThe Advisory Committee shall provide advice and recommendations to the Administrator regarding community needs, objectives, plans, strategies, content, assessments, and accomplishments with respect to— (1) noise policy; (2) community engagement; (3) noise, pollution, and health mitigation for communities close to airports and communities away from airports; (4) integration of new or emerging technologies; (5) tools, policies, and analyses to accurately reflect impacts; (6) material negative impacts of past Federal Aviation Administration actions; and (7) other topics relevant to the Administrator and communities. (c) Membership \n(1) In general \nThe Advisory Committee shall be composed of at least 30 members appointed by the Administrator from among individuals who are not employees of the Federal Aviation Administration, airports, or the aviation industry. (2) Qualifications \nThe Administrator in appointing the members of the committee shall ensure that individuals who are represented are specially qualified to serve on the committee by virtue of their education, training, and direct experience from living in areas with substantial impacts from commercial aviation, general aviation, and currently or potentially impacted communities from advanced mobility. (3) Limitation \nNot more than 3 members may be a member of a roundtable or individuals currently serving on Federal Aviation Administration advisory committees, such as the NextGen Advisory Committee, Advanced Aviation Advisory Committee, and Research, Engineering, and Development Advisory Committee. (4) Member representation \nIn appointing members to the Advisory Committee, the Administrator shall ensure that the Advisory Committee is fairly balanced and that multiple perspectives are represented, including by ensuring the following: (A) 20 members shall be from communities impacted by commercial aviation, of which— (i) at least 10 shall be from communities away from airports and the remaining from communities close to airports; and (ii) at least 15 shall be from communities with impact from Core 30 Airports designated by the Federal Aviation Administration. (B) 7 members shall be from communities impacted by general aviation, including sightseeing, rotorcraft, training flights, and private and business travel. (C) 3 members shall be from communities currently or potentially impacted by advanced air mobility. (d) Public meetings \nThe Advisory Committee shall— (1) provide public access through a virtual forum for all public meetings of the Committee; and (2) maintain an archive of recorded Committee public meetings. (e) Frequency of meetings \nThe Advisory Committee shall meet 4 times per year. (f) Pay and expenses \nMembers of the Advisory Committee shall serve without pay, except that the Administrator may provide any member, while attending meetings of the Advisory Committee or a subordinate committee, travel or transportation expenses under section 5703 of title 5, United States Code. (g) Support staff \nThe Administrator shall provide from the Federal Aviation Administration support staff for the Advisory Committee. (h) Subordinate committees \nThe Administrator may establish any subordinate committees to the Advisory Committee to provide advice on specific areas of need and interest as determined by the Administrator.", "id": "HD8E9ECBD6BE74525AE03B20BABD43902", "header": "Impacted communities advisory committee", "nested": [ { "text": "(a) In general \nNot later than 60 days after the date of enactment of this Act, the Administrator of the Federal Aviation Administration shall establish an Impacted Communities Advisory Committee (in this section referred to as the Advisory Committee ).", "id": "H92213FFC03794BDCA593466BA30DDAC1", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Duties \nThe Advisory Committee shall provide advice and recommendations to the Administrator regarding community needs, objectives, plans, strategies, content, assessments, and accomplishments with respect to— (1) noise policy; (2) community engagement; (3) noise, pollution, and health mitigation for communities close to airports and communities away from airports; (4) integration of new or emerging technologies; (5) tools, policies, and analyses to accurately reflect impacts; (6) material negative impacts of past Federal Aviation Administration actions; and (7) other topics relevant to the Administrator and communities.", "id": "H39CFC10FDB64438F828988EA293EE2D5", "header": "Duties", "nested": [], "links": [] }, { "text": "(c) Membership \n(1) In general \nThe Advisory Committee shall be composed of at least 30 members appointed by the Administrator from among individuals who are not employees of the Federal Aviation Administration, airports, or the aviation industry. (2) Qualifications \nThe Administrator in appointing the members of the committee shall ensure that individuals who are represented are specially qualified to serve on the committee by virtue of their education, training, and direct experience from living in areas with substantial impacts from commercial aviation, general aviation, and currently or potentially impacted communities from advanced mobility. (3) Limitation \nNot more than 3 members may be a member of a roundtable or individuals currently serving on Federal Aviation Administration advisory committees, such as the NextGen Advisory Committee, Advanced Aviation Advisory Committee, and Research, Engineering, and Development Advisory Committee. (4) Member representation \nIn appointing members to the Advisory Committee, the Administrator shall ensure that the Advisory Committee is fairly balanced and that multiple perspectives are represented, including by ensuring the following: (A) 20 members shall be from communities impacted by commercial aviation, of which— (i) at least 10 shall be from communities away from airports and the remaining from communities close to airports; and (ii) at least 15 shall be from communities with impact from Core 30 Airports designated by the Federal Aviation Administration. (B) 7 members shall be from communities impacted by general aviation, including sightseeing, rotorcraft, training flights, and private and business travel. (C) 3 members shall be from communities currently or potentially impacted by advanced air mobility.", "id": "H02C210C79B7540C69E23CDCC6663AB56", "header": "Membership", "nested": [], "links": [] }, { "text": "(d) Public meetings \nThe Advisory Committee shall— (1) provide public access through a virtual forum for all public meetings of the Committee; and (2) maintain an archive of recorded Committee public meetings.", "id": "HA101A6271EF946C3AC4E687A818023A2", "header": "Public meetings", "nested": [], "links": [] }, { "text": "(e) Frequency of meetings \nThe Advisory Committee shall meet 4 times per year.", "id": "H5030A41D36724B1A9B680C564822E50C", "header": "Frequency of meetings", "nested": [], "links": [] }, { "text": "(f) Pay and expenses \nMembers of the Advisory Committee shall serve without pay, except that the Administrator may provide any member, while attending meetings of the Advisory Committee or a subordinate committee, travel or transportation expenses under section 5703 of title 5, United States Code.", "id": "H876BAB773263407280C6ED795AA8BF42", "header": "Pay and expenses", "nested": [], "links": [] }, { "text": "(g) Support staff \nThe Administrator shall provide from the Federal Aviation Administration support staff for the Advisory Committee.", "id": "H73335233F1434C378BB5EC33EC494B1F", "header": "Support staff", "nested": [], "links": [] }, { "text": "(h) Subordinate committees \nThe Administrator may establish any subordinate committees to the Advisory Committee to provide advice on specific areas of need and interest as determined by the Administrator.", "id": "H0B0336CEF16F4519A97CCC77D48B80AB", "header": "Subordinate committees", "nested": [], "links": [] } ], "links": [] } ]
1
1. Impacted communities advisory committee (a) In general Not later than 60 days after the date of enactment of this Act, the Administrator of the Federal Aviation Administration shall establish an Impacted Communities Advisory Committee (in this section referred to as the Advisory Committee ). (b) Duties The Advisory Committee shall provide advice and recommendations to the Administrator regarding community needs, objectives, plans, strategies, content, assessments, and accomplishments with respect to— (1) noise policy; (2) community engagement; (3) noise, pollution, and health mitigation for communities close to airports and communities away from airports; (4) integration of new or emerging technologies; (5) tools, policies, and analyses to accurately reflect impacts; (6) material negative impacts of past Federal Aviation Administration actions; and (7) other topics relevant to the Administrator and communities. (c) Membership (1) In general The Advisory Committee shall be composed of at least 30 members appointed by the Administrator from among individuals who are not employees of the Federal Aviation Administration, airports, or the aviation industry. (2) Qualifications The Administrator in appointing the members of the committee shall ensure that individuals who are represented are specially qualified to serve on the committee by virtue of their education, training, and direct experience from living in areas with substantial impacts from commercial aviation, general aviation, and currently or potentially impacted communities from advanced mobility. (3) Limitation Not more than 3 members may be a member of a roundtable or individuals currently serving on Federal Aviation Administration advisory committees, such as the NextGen Advisory Committee, Advanced Aviation Advisory Committee, and Research, Engineering, and Development Advisory Committee. (4) Member representation In appointing members to the Advisory Committee, the Administrator shall ensure that the Advisory Committee is fairly balanced and that multiple perspectives are represented, including by ensuring the following: (A) 20 members shall be from communities impacted by commercial aviation, of which— (i) at least 10 shall be from communities away from airports and the remaining from communities close to airports; and (ii) at least 15 shall be from communities with impact from Core 30 Airports designated by the Federal Aviation Administration. (B) 7 members shall be from communities impacted by general aviation, including sightseeing, rotorcraft, training flights, and private and business travel. (C) 3 members shall be from communities currently or potentially impacted by advanced air mobility. (d) Public meetings The Advisory Committee shall— (1) provide public access through a virtual forum for all public meetings of the Committee; and (2) maintain an archive of recorded Committee public meetings. (e) Frequency of meetings The Advisory Committee shall meet 4 times per year. (f) Pay and expenses Members of the Advisory Committee shall serve without pay, except that the Administrator may provide any member, while attending meetings of the Advisory Committee or a subordinate committee, travel or transportation expenses under section 5703 of title 5, United States Code. (g) Support staff The Administrator shall provide from the Federal Aviation Administration support staff for the Advisory Committee. (h) Subordinate committees The Administrator may establish any subordinate committees to the Advisory Committee to provide advice on specific areas of need and interest as determined by the Administrator.
3,641
[ "Transportation and Infrastructure Committee" ]
118hr1883ih
118
hr
1,883
ih
To provide for a limitation on availability of funds for House of Representatives, Salaries and Expenses of the Office of the Clerk for fiscal year 2024.
[ { "text": "1. Limitation on availability of funds for House of Representatives, Salaries and Expenses of the Office of the Clerk for fiscal year 2024 \nNotwithstanding any other provision of the law, amounts authorized to be appropriated or otherwise available for House of Representatives, Salaries and Expenses of the Office of the Clerk for fiscal year 2024 may not exceed $28,305,000.", "id": "H29B4D91F8E6C4EDAADD5B83E4B70AD07", "header": "Limitation on availability of funds for House of Representatives, Salaries and Expenses of the Office of the Clerk for fiscal year 2024", "nested": [], "links": [] } ]
1
1. Limitation on availability of funds for House of Representatives, Salaries and Expenses of the Office of the Clerk for fiscal year 2024 Notwithstanding any other provision of the law, amounts authorized to be appropriated or otherwise available for House of Representatives, Salaries and Expenses of the Office of the Clerk for fiscal year 2024 may not exceed $28,305,000.
376
[ "Committee on House Administration" ]
118hr2105ih
118
hr
2,105
ih
To provide for a limitation on availability of funds for District of Columbia, Federal Payment to the DC Water and Sewer Authority for fiscal year 2024.
[ { "text": "1. Limitation on availability of funds for District of Columbia, Federal Payment to the DC Water and Sewer Authority for fiscal year 2024 \nNotwithstanding any other provision of the law, amounts authorized to be appropriated or otherwise available for District of Columbia, Federal Payment to the DC Water and Sewer Authority for fiscal year 2024 may not exceed $8,000,000.", "id": "H32F891CC025143BF93B1DAF361977921", "header": "Limitation on availability of funds for District of Columbia, Federal Payment to the DC Water and Sewer Authority for fiscal year 2024", "nested": [], "links": [] } ]
1
1. Limitation on availability of funds for District of Columbia, Federal Payment to the DC Water and Sewer Authority for fiscal year 2024 Notwithstanding any other provision of the law, amounts authorized to be appropriated or otherwise available for District of Columbia, Federal Payment to the DC Water and Sewer Authority for fiscal year 2024 may not exceed $8,000,000.
373
[ "Oversight and Accountability Committee" ]
118hr2053ih
118
hr
2,053
ih
To provide for a limitation on availability of funds for Department of Treasury, Treasury Inspector General for Tax Administration, Salaries and Expenses for fiscal year 2024.
[ { "text": "1. Limitation on availability of funds for Department of Treasury, Treasury Inspector General for Tax Administration, Salaries and Expenses for fiscal year 2024 \nNotwithstanding any other provision of the law, amounts authorized to be appropriated or otherwise available for Department of Treasury, Treasury Inspector General for Tax Administration, Salaries and Expenses for fiscal year 2024 may not exceed $170,250,000.", "id": "H32F891CC025143BF93B1DAF361977921", "header": "Limitation on availability of funds for Department of Treasury, Treasury Inspector General for Tax Administration, Salaries and Expenses for fiscal year 2024", "nested": [], "links": [] } ]
1
1. Limitation on availability of funds for Department of Treasury, Treasury Inspector General for Tax Administration, Salaries and Expenses for fiscal year 2024 Notwithstanding any other provision of the law, amounts authorized to be appropriated or otherwise available for Department of Treasury, Treasury Inspector General for Tax Administration, Salaries and Expenses for fiscal year 2024 may not exceed $170,250,000.
421
[ "Ways and Means Committee" ]
118hr1459ih
118
hr
1,459
ih
To leverage incentives for the adoption of precision agriculture technology, and for other purposes.
[ { "text": "1. Short title \nThis Act may be cited as the Producing Responsible Energy and Conservation Incentives and Solutions for the Environment Act or the PRECISE Act.", "id": "H68C565E3FDAC4908B93A7D1AAF2F50C4", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Conservation loan and loan guarantee program \nSection 304 of the Consolidated Farm and Rural Development Act ( 7 U.S.C. 1924 ) is amended— (1) in subsection (b)— (A) in paragraph (3), by redesignating subparagraphs (F) and (G) as subparagraphs (G) and (H), respectively, and inserting after subparagraph (E) the following: (F) the adoption of precision agriculture practices, and the acquisition of precision agriculture technology; ; and (B) by adding at the end the following: (4) Precision agriculture; precision agriculture technology \nThe terms precision agriculture and precision agriculture technology have the meanings given those terms in section 1201 of the Food Security Act of 1985. ; (2) in subsection (d)— (A) in paragraph (2), by striking and ; (B) in paragraph (3), by striking the period and inserting ; and ; and (C) by adding at the end the following: (4) producers who use the loans to adopt precision agriculture practices or acquire precision agriculture technology, including adoption or acquisition for the purpose of participating in the environmental quality incentives program under subchapter A of chapter 4 of subtitle D of title XII of the Food Security Act of 1985. ; (3) in subsection (e), by striking paragraph (2) and inserting the following: (2) 90 percent of the principal amount of the loan in the case of— (A) a producer that is a qualified socially disadvantaged farmer or rancher or a beginning farmer or rancher; or (B) loans that are used for the purchase of precision agriculture technology. ; and (4) in subsection (f)— (A) by striking (f) Administrative provisions.— The Secretary and inserting the following: (f) Administrative provisions \n(1) Geographic diversity \nThe Secretary ; and (B) by adding after and below the end the following: (2) Coordination with NRCS \nIn making or guaranteeing loans under this section, the Secretary shall ensure that there is coordination between the Farm Service Agency and the Natural Resources Conservation Service..", "id": "HDDB00D40D2C54648826C8921E1155F48", "header": "Conservation loan and loan guarantee program", "nested": [], "links": [ { "text": "7 U.S.C. 1924", "legal-doc": "usc", "parsable-cite": "usc/7/1924" } ] }, { "text": "3. Assistance to rural entities \nSection 310B(a) of the Consolidated Farm and Rural Development Act ( 7 U.S.C. 1932(a) ) is amended— (1) in paragraph (1), by adding at the end the following: (C) Precision agriculture; precision agriculture technology \nThe terms precision agriculture and precision agriculture technology have the meanings given those terms in section 1201 of the Food Security Act of 1985. ; and (2) in paragraph (2)— (A) by striking and at the end of subparagraph (C); (B) by striking the period at the end of subparagraph (D) and inserting ; and ; and (C) by adding at the end the following: (E) expanding the adoption of precision agriculture practices, including by financing the acquisition of precision agriculture technology, in order to promote best practices, reduce costs, and improve the environment..", "id": "H4D6F6B118F9A46E8AA4BFF9A0EE200DD", "header": "Assistance to rural entities", "nested": [], "links": [ { "text": "7 U.S.C. 1932(a)", "legal-doc": "usc", "parsable-cite": "usc/7/1932" } ] }, { "text": "4. Food Security Act of 1985 definitions \nSection 1201(a) of the Food Security Act of 1985 ( 16 U.S.C. 3801(a) ) is amended— (1) by redesignating paragraphs (20) through (27) as paragraphs (22) through (29), respectively; and (2) by inserting after paragraph (19) the following: (20) Precision agriculture \nThe term precision agriculture means managing, tracking, or reducing crop or livestock production inputs, including seed, feed, fertilizer, chemicals, water, and time, at a heightened level of spatial and temporal granularity to improve efficiencies, reduce waste, and maintain environmental quality. (21) Precision agriculture technology \nThe term precision agriculture technology means any technology (including equipment that is necessary for the deployment of such technology) that directly contributes to a reduction in, or improved efficiency of, inputs used in crop or livestock production, including— (A) Global Positioning System-based or geospatial mapping technology; (B) satellite or aerial imagery technology; (C) yield monitors; (D) soil mapping technology; (E) sensors for gathering data on crop, soil, or livestock conditions; (F) Internet of Things and telematics technologies; (G) data management software and advanced analytics; (H) network connectivity products and solutions; (I) Global Positioning System guidance or auto-steer systems; (J) variable rate technology for applying inputs, such as section control; and (K) any other technology, as determined by the Secretary, that directly contributes to a reduction in, or improved efficiency of, crop or livestock production inputs, which may include seed, feed, fertilizer, chemicals, water, and time..", "id": "H83F3774EA73847CB9C37D8CA2D8A013C", "header": "Food Security Act of 1985 definitions", "nested": [], "links": [ { "text": "16 U.S.C. 3801(a)", "legal-doc": "usc", "parsable-cite": "usc/16/3801" } ] }, { "text": "5. Environmental Quality Incentives Program \n(a) Definitions \nSection 1240A(6)(B)(v) of the Food Security Act of 1985 ( 16 U.S.C. 3839aa–1(6)(B)(v) ) is amended by inserting (including the adoption of precision agriculture practices and the acquisition of precision agriculture technology) after planning. (b) Payments \n(1) Other payments \nSection 1240B(d)(6) of the Food Security Act of 1985 ( 16 U.S.C. 3839aa–2(d)(6) ) is amended— (A) by striking A producer shall and inserting the following: (A) Payments under this subtitle \nA producer shall ; and (B) by adding at the end the following: (B) Conservation loan and loan guarantee program payments \n(i) In general \nA producer receiving payments for practices on eligible land under the program may also receive a loan or loan guarantee under section 304 of the Consolidated Farm and Rural Development Act to cover costs for the same practices on the same land. (ii) Notice to producer \nThe Secretary shall inform a producer participating in the program in writing of the availability of a loan or loan guarantee under section 304 of the Consolidated Farm and Rural Development Act as it relates to costs of implementing practices under this program.. (2) Increased payments for high-priority practices \nSection 1240B(d)(7) of the Food Security Act of 1985 ( 16 U.S.C. 3839aa–2(d)(7) ) is amended, in the paragraph heading, by inserting state-determined before high-priority. (3) Increased payments for precision agriculture \nSection 1240B(d) of the Food Security Act of 1985 ( 16 U.S.C. 3839aa–2(d) ) is amended by adding at the end the following: (8) Increased payments for precision agriculture \nNotwithstanding paragraph (2), the Secretary may increase the amount that would otherwise be provided for a practice under this subsection to not more than 90 percent of the costs associated with adopting precision agriculture practices and acquiring precision agriculture technology.. (c) Conservation incentive contracts \nSection 1240B(j)(2)(A)(i) of the Food Security Act of 1985 ( 16 U.S.C. 3839aa–2(j)(3)(A)(i) ) is amended by inserting (which may include the adoption of precision agriculture practices and the acquisition of precision agriculture technology) after incentive practices.", "id": "H92EA859556224B80B0E0AA50D92882AD", "header": "Environmental Quality Incentives Program", "nested": [ { "text": "(a) Definitions \nSection 1240A(6)(B)(v) of the Food Security Act of 1985 ( 16 U.S.C. 3839aa–1(6)(B)(v) ) is amended by inserting (including the adoption of precision agriculture practices and the acquisition of precision agriculture technology) after planning.", "id": "HEB48547A4D044A37B1752766B046C38E", "header": "Definitions", "nested": [], "links": [ { "text": "16 U.S.C. 3839aa–1(6)(B)(v)", "legal-doc": "usc", "parsable-cite": "usc/16/3839aa-1" } ] }, { "text": "(b) Payments \n(1) Other payments \nSection 1240B(d)(6) of the Food Security Act of 1985 ( 16 U.S.C. 3839aa–2(d)(6) ) is amended— (A) by striking A producer shall and inserting the following: (A) Payments under this subtitle \nA producer shall ; and (B) by adding at the end the following: (B) Conservation loan and loan guarantee program payments \n(i) In general \nA producer receiving payments for practices on eligible land under the program may also receive a loan or loan guarantee under section 304 of the Consolidated Farm and Rural Development Act to cover costs for the same practices on the same land. (ii) Notice to producer \nThe Secretary shall inform a producer participating in the program in writing of the availability of a loan or loan guarantee under section 304 of the Consolidated Farm and Rural Development Act as it relates to costs of implementing practices under this program.. (2) Increased payments for high-priority practices \nSection 1240B(d)(7) of the Food Security Act of 1985 ( 16 U.S.C. 3839aa–2(d)(7) ) is amended, in the paragraph heading, by inserting state-determined before high-priority. (3) Increased payments for precision agriculture \nSection 1240B(d) of the Food Security Act of 1985 ( 16 U.S.C. 3839aa–2(d) ) is amended by adding at the end the following: (8) Increased payments for precision agriculture \nNotwithstanding paragraph (2), the Secretary may increase the amount that would otherwise be provided for a practice under this subsection to not more than 90 percent of the costs associated with adopting precision agriculture practices and acquiring precision agriculture technology..", "id": "H8E0058062A014975B9F5D91551175B76", "header": "Payments", "nested": [], "links": [ { "text": "16 U.S.C. 3839aa–2(d)(6)", "legal-doc": "usc", "parsable-cite": "usc/16/3839aa-2" }, { "text": "16 U.S.C. 3839aa–2(d)(7)", "legal-doc": "usc", "parsable-cite": "usc/16/3839aa-2" }, { "text": "16 U.S.C. 3839aa–2(d)", "legal-doc": "usc", "parsable-cite": "usc/16/3839aa-2" } ] }, { "text": "(c) Conservation incentive contracts \nSection 1240B(j)(2)(A)(i) of the Food Security Act of 1985 ( 16 U.S.C. 3839aa–2(j)(3)(A)(i) ) is amended by inserting (which may include the adoption of precision agriculture practices and the acquisition of precision agriculture technology) after incentive practices.", "id": "HD5958DCED47E492295FF99E67FCC3891", "header": "Conservation incentive contracts", "nested": [], "links": [ { "text": "16 U.S.C. 3839aa–2(j)(3)(A)(i)", "legal-doc": "usc", "parsable-cite": "usc/16/3839aa-2" } ] } ], "links": [ { "text": "16 U.S.C. 3839aa–1(6)(B)(v)", "legal-doc": "usc", "parsable-cite": "usc/16/3839aa-1" }, { "text": "16 U.S.C. 3839aa–2(d)(6)", "legal-doc": "usc", "parsable-cite": "usc/16/3839aa-2" }, { "text": "16 U.S.C. 3839aa–2(d)(7)", "legal-doc": "usc", "parsable-cite": "usc/16/3839aa-2" }, { "text": "16 U.S.C. 3839aa–2(d)", "legal-doc": "usc", "parsable-cite": "usc/16/3839aa-2" }, { "text": "16 U.S.C. 3839aa–2(j)(3)(A)(i)", "legal-doc": "usc", "parsable-cite": "usc/16/3839aa-2" } ] }, { "text": "6. Conservation Stewardship Program \n(a) Conservation stewardship payments \nSection 1240L(c)(3) of the Food Security Act of 1985 ( 16 U.S.C. 3839aa–24(c)(3) ) is amended to read as follows: (3) Exclusion \nA payment to a producer under this subsection shall not be provided for conservation activities for which there is no cost incurred or income forgone by the producer.. (b) Supplemental payments for resource-Conserving crop rotations and advanced grazing management \nSection 1240L(d) of the Food Security Act of 1985 ( 16 U.S.C. 3839aa–24(d) ) is amended— (1) in the subsection heading, by striking and advanced grazing management and inserting , advanced grazing management, and precision agriculture ; (2) in paragraph (2)— (A) in subparagraph (A), by striking ; or and inserting a semicolon; (B) in subparagraph (B), by striking the period at the end and inserting ; or ; and (C) by adding at the end the following: (C) precision agriculture. ; and (3) in paragraph (3), by striking or advanced grazing management and inserting , advanced grazing management, or precision agriculture.", "id": "HB0F0661933BD46CEA721406D39FC9290", "header": "Conservation Stewardship Program", "nested": [ { "text": "(a) Conservation stewardship payments \nSection 1240L(c)(3) of the Food Security Act of 1985 ( 16 U.S.C. 3839aa–24(c)(3) ) is amended to read as follows: (3) Exclusion \nA payment to a producer under this subsection shall not be provided for conservation activities for which there is no cost incurred or income forgone by the producer..", "id": "HC3CE8BF0353242CABE55CE861420B164", "header": "Conservation stewardship payments", "nested": [], "links": [ { "text": "16 U.S.C. 3839aa–24(c)(3)", "legal-doc": "usc", "parsable-cite": "usc/16/3839aa-24" } ] }, { "text": "(b) Supplemental payments for resource-Conserving crop rotations and advanced grazing management \nSection 1240L(d) of the Food Security Act of 1985 ( 16 U.S.C. 3839aa–24(d) ) is amended— (1) in the subsection heading, by striking and advanced grazing management and inserting , advanced grazing management, and precision agriculture ; (2) in paragraph (2)— (A) in subparagraph (A), by striking ; or and inserting a semicolon; (B) in subparagraph (B), by striking the period at the end and inserting ; or ; and (C) by adding at the end the following: (C) precision agriculture. ; and (3) in paragraph (3), by striking or advanced grazing management and inserting , advanced grazing management, or precision agriculture.", "id": "HFCE6CA1873534A0E8AFCB40A88639043", "header": "Supplemental payments for resource-Conserving crop rotations and advanced grazing management", "nested": [], "links": [ { "text": "16 U.S.C. 3839aa–24(d)", "legal-doc": "usc", "parsable-cite": "usc/16/3839aa-24" } ] } ], "links": [ { "text": "16 U.S.C. 3839aa–24(c)(3)", "legal-doc": "usc", "parsable-cite": "usc/16/3839aa-24" }, { "text": "16 U.S.C. 3839aa–24(d)", "legal-doc": "usc", "parsable-cite": "usc/16/3839aa-24" } ] }, { "text": "7. Delivery of technical assistance \nSection 1242(f) of the Food Security Act of 1985 ( 16 U.S.C. 3842(f) ) is amended by adding at the end the following: (6) Soil health planning \nThe Secretary shall emphasize the use of third-party providers in providing technical assistance for soil health planning, including planning related to the use of cover crops, precision conservation management, comprehensive nutrient management planning, and other innovative plans..", "id": "H52380C1C7E48425FBDA1E2EC9B37884D", "header": "Delivery of technical assistance", "nested": [], "links": [ { "text": "16 U.S.C. 3842(f)", "legal-doc": "usc", "parsable-cite": "usc/16/3842" } ] } ]
7
1. Short title This Act may be cited as the Producing Responsible Energy and Conservation Incentives and Solutions for the Environment Act or the PRECISE Act. 2. Conservation loan and loan guarantee program Section 304 of the Consolidated Farm and Rural Development Act ( 7 U.S.C. 1924 ) is amended— (1) in subsection (b)— (A) in paragraph (3), by redesignating subparagraphs (F) and (G) as subparagraphs (G) and (H), respectively, and inserting after subparagraph (E) the following: (F) the adoption of precision agriculture practices, and the acquisition of precision agriculture technology; ; and (B) by adding at the end the following: (4) Precision agriculture; precision agriculture technology The terms precision agriculture and precision agriculture technology have the meanings given those terms in section 1201 of the Food Security Act of 1985. ; (2) in subsection (d)— (A) in paragraph (2), by striking and ; (B) in paragraph (3), by striking the period and inserting ; and ; and (C) by adding at the end the following: (4) producers who use the loans to adopt precision agriculture practices or acquire precision agriculture technology, including adoption or acquisition for the purpose of participating in the environmental quality incentives program under subchapter A of chapter 4 of subtitle D of title XII of the Food Security Act of 1985. ; (3) in subsection (e), by striking paragraph (2) and inserting the following: (2) 90 percent of the principal amount of the loan in the case of— (A) a producer that is a qualified socially disadvantaged farmer or rancher or a beginning farmer or rancher; or (B) loans that are used for the purchase of precision agriculture technology. ; and (4) in subsection (f)— (A) by striking (f) Administrative provisions.— The Secretary and inserting the following: (f) Administrative provisions (1) Geographic diversity The Secretary ; and (B) by adding after and below the end the following: (2) Coordination with NRCS In making or guaranteeing loans under this section, the Secretary shall ensure that there is coordination between the Farm Service Agency and the Natural Resources Conservation Service.. 3. Assistance to rural entities Section 310B(a) of the Consolidated Farm and Rural Development Act ( 7 U.S.C. 1932(a) ) is amended— (1) in paragraph (1), by adding at the end the following: (C) Precision agriculture; precision agriculture technology The terms precision agriculture and precision agriculture technology have the meanings given those terms in section 1201 of the Food Security Act of 1985. ; and (2) in paragraph (2)— (A) by striking and at the end of subparagraph (C); (B) by striking the period at the end of subparagraph (D) and inserting ; and ; and (C) by adding at the end the following: (E) expanding the adoption of precision agriculture practices, including by financing the acquisition of precision agriculture technology, in order to promote best practices, reduce costs, and improve the environment.. 4. Food Security Act of 1985 definitions Section 1201(a) of the Food Security Act of 1985 ( 16 U.S.C. 3801(a) ) is amended— (1) by redesignating paragraphs (20) through (27) as paragraphs (22) through (29), respectively; and (2) by inserting after paragraph (19) the following: (20) Precision agriculture The term precision agriculture means managing, tracking, or reducing crop or livestock production inputs, including seed, feed, fertilizer, chemicals, water, and time, at a heightened level of spatial and temporal granularity to improve efficiencies, reduce waste, and maintain environmental quality. (21) Precision agriculture technology The term precision agriculture technology means any technology (including equipment that is necessary for the deployment of such technology) that directly contributes to a reduction in, or improved efficiency of, inputs used in crop or livestock production, including— (A) Global Positioning System-based or geospatial mapping technology; (B) satellite or aerial imagery technology; (C) yield monitors; (D) soil mapping technology; (E) sensors for gathering data on crop, soil, or livestock conditions; (F) Internet of Things and telematics technologies; (G) data management software and advanced analytics; (H) network connectivity products and solutions; (I) Global Positioning System guidance or auto-steer systems; (J) variable rate technology for applying inputs, such as section control; and (K) any other technology, as determined by the Secretary, that directly contributes to a reduction in, or improved efficiency of, crop or livestock production inputs, which may include seed, feed, fertilizer, chemicals, water, and time.. 5. Environmental Quality Incentives Program (a) Definitions Section 1240A(6)(B)(v) of the Food Security Act of 1985 ( 16 U.S.C. 3839aa–1(6)(B)(v) ) is amended by inserting (including the adoption of precision agriculture practices and the acquisition of precision agriculture technology) after planning. (b) Payments (1) Other payments Section 1240B(d)(6) of the Food Security Act of 1985 ( 16 U.S.C. 3839aa–2(d)(6) ) is amended— (A) by striking A producer shall and inserting the following: (A) Payments under this subtitle A producer shall ; and (B) by adding at the end the following: (B) Conservation loan and loan guarantee program payments (i) In general A producer receiving payments for practices on eligible land under the program may also receive a loan or loan guarantee under section 304 of the Consolidated Farm and Rural Development Act to cover costs for the same practices on the same land. (ii) Notice to producer The Secretary shall inform a producer participating in the program in writing of the availability of a loan or loan guarantee under section 304 of the Consolidated Farm and Rural Development Act as it relates to costs of implementing practices under this program.. (2) Increased payments for high-priority practices Section 1240B(d)(7) of the Food Security Act of 1985 ( 16 U.S.C. 3839aa–2(d)(7) ) is amended, in the paragraph heading, by inserting state-determined before high-priority. (3) Increased payments for precision agriculture Section 1240B(d) of the Food Security Act of 1985 ( 16 U.S.C. 3839aa–2(d) ) is amended by adding at the end the following: (8) Increased payments for precision agriculture Notwithstanding paragraph (2), the Secretary may increase the amount that would otherwise be provided for a practice under this subsection to not more than 90 percent of the costs associated with adopting precision agriculture practices and acquiring precision agriculture technology.. (c) Conservation incentive contracts Section 1240B(j)(2)(A)(i) of the Food Security Act of 1985 ( 16 U.S.C. 3839aa–2(j)(3)(A)(i) ) is amended by inserting (which may include the adoption of precision agriculture practices and the acquisition of precision agriculture technology) after incentive practices. 6. Conservation Stewardship Program (a) Conservation stewardship payments Section 1240L(c)(3) of the Food Security Act of 1985 ( 16 U.S.C. 3839aa–24(c)(3) ) is amended to read as follows: (3) Exclusion A payment to a producer under this subsection shall not be provided for conservation activities for which there is no cost incurred or income forgone by the producer.. (b) Supplemental payments for resource-Conserving crop rotations and advanced grazing management Section 1240L(d) of the Food Security Act of 1985 ( 16 U.S.C. 3839aa–24(d) ) is amended— (1) in the subsection heading, by striking and advanced grazing management and inserting , advanced grazing management, and precision agriculture ; (2) in paragraph (2)— (A) in subparagraph (A), by striking ; or and inserting a semicolon; (B) in subparagraph (B), by striking the period at the end and inserting ; or ; and (C) by adding at the end the following: (C) precision agriculture. ; and (3) in paragraph (3), by striking or advanced grazing management and inserting , advanced grazing management, or precision agriculture. 7. Delivery of technical assistance Section 1242(f) of the Food Security Act of 1985 ( 16 U.S.C. 3842(f) ) is amended by adding at the end the following: (6) Soil health planning The Secretary shall emphasize the use of third-party providers in providing technical assistance for soil health planning, including planning related to the use of cover crops, precision conservation management, comprehensive nutrient management planning, and other innovative plans..
8,477
[ "Agriculture Committee" ]
118hr7504ih
118
hr
7,504
ih
To expand and modify the grant program of the Department of Veterans Affairs to provide innovative transportation options to veterans in highly rural areas, and for other purposes.
[ { "text": "1. Short title \nThis Act may be cited as the Rural Veterans Transportation to Care Act.", "id": "HC061D875E1874A678EBAE61C6B8B42DD", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Expansion and modification of transportation grant program of Department of Veterans Affairs \nSection 307 of the Caregivers and Veterans Omnibus Health Services Act of 2010 ( Public Law 111–163 ; 38 U.S.C. 1710 note) is amended— (1) in the section heading, by inserting rural or before highly ; (2) in subsection (a)— (A) by inserting rural or before highly each place it appears; (B) in paragraph (2), by adding at the end the following new subparagraph: (C) Tribal organizations. ; (C) in paragraph (3), by striking A State veterans service agency or veterans service organization awarded and inserting A recipient of ; and (D) by striking paragraph (4) and inserting the following new paragraph (4): (4) Maximum amount \n(A) In general \nExcept as provided in subparagraph (B), the amount of a grant under this section may not exceed $60,000. (B) Additional amount for ADA-compliant vehicle \nThe amount of a grant under this section to a recipient may be increased to an amount not to exceed $80,000 if the recipient of such grant is required to purchase a vehicle to comply with the requirements of the Americans with Disabilities Act of 1990 ( 42 U.S.C. 12101 et seq. ). ; (3) in subsection (c)— (A) by striking paragraph (1) and inserting the following: (1) Rural; highly rural \nThe terms rural and highly rural have the meanings given such terms under the Rural-Urban Commuting Areas (RUCA) coding system of the Department of Agriculture. ; (B) by redesignating paragraph (2) as paragraph (3); and (C) by inserting after paragraph (1), the following new paragraph: (2) Tribal organization \nThe therm tribal organization has the meaning given such term in section 4 of the Indian Self-Determination and Education Assistance Act ( 25 U.S.C. 5304 ). ; and (4) in subsection (d), by striking $3,000,000 for each of fiscal years 2010 through 2014 and inserting such sums as may be necessary.", "id": "H10A93432292E42D3AF759DCFD189AFD2", "header": "Expansion and modification of transportation grant program of Department of Veterans Affairs", "nested": [], "links": [ { "text": "Public Law 111–163", "legal-doc": "public-law", "parsable-cite": "pl/111/163" }, { "text": "38 U.S.C. 1710", "legal-doc": "usc", "parsable-cite": "usc/38/1710" }, { "text": "42 U.S.C. 12101 et seq.", "legal-doc": "usc", "parsable-cite": "usc/42/12101" }, { "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 Rural Veterans Transportation to Care Act. 2. Expansion and modification of transportation grant program of Department of Veterans Affairs Section 307 of the Caregivers and Veterans Omnibus Health Services Act of 2010 ( Public Law 111–163 ; 38 U.S.C. 1710 note) is amended— (1) in the section heading, by inserting rural or before highly ; (2) in subsection (a)— (A) by inserting rural or before highly each place it appears; (B) in paragraph (2), by adding at the end the following new subparagraph: (C) Tribal organizations. ; (C) in paragraph (3), by striking A State veterans service agency or veterans service organization awarded and inserting A recipient of ; and (D) by striking paragraph (4) and inserting the following new paragraph (4): (4) Maximum amount (A) In general Except as provided in subparagraph (B), the amount of a grant under this section may not exceed $60,000. (B) Additional amount for ADA-compliant vehicle The amount of a grant under this section to a recipient may be increased to an amount not to exceed $80,000 if the recipient of such grant is required to purchase a vehicle to comply with the requirements of the Americans with Disabilities Act of 1990 ( 42 U.S.C. 12101 et seq. ). ; (3) in subsection (c)— (A) by striking paragraph (1) and inserting the following: (1) Rural; highly rural The terms rural and highly rural have the meanings given such terms under the Rural-Urban Commuting Areas (RUCA) coding system of the Department of Agriculture. ; (B) by redesignating paragraph (2) as paragraph (3); and (C) by inserting after paragraph (1), the following new paragraph: (2) Tribal organization The therm tribal organization has the meaning given such term in section 4 of the Indian Self-Determination and Education Assistance Act ( 25 U.S.C. 5304 ). ; and (4) in subsection (d), by striking $3,000,000 for each of fiscal years 2010 through 2014 and inserting such sums as may be necessary.
1,982
[ "Veterans' Affairs Committee" ]
118hr6537ih
118
hr
6,537
ih
To waive General Schedule qualification standards related to work experience for nurses at military medical treatment facilities, and for other purposes.
[ { "text": "1. Short title \nThis Act may be cited as the REWARD Experience Act of 2023.", "id": "H785EC65E9F2E4FA89CA7325D856DA454", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Waiver with respect to experienced nurses at military medical treatment facilities \n(a) In general \nThe hiring manager of a military medical treatment facility or other health care facility of the Department of Defense may waive any General Schedule qualification standard related to work experience established by the Director of the Office of Personnel Management in the case of any applicant for a nursing or practical nurse position in a medical treatment facility or other health care facility the Department of Defense who— (1)(A) is a nurse or practical nurse in the Department of Defense; or (B) was a nurse or practical nurse in the Department of Defense for at least 1 year; and (2) after commencing work as a nurse or practical nurse in the Department of Defense, obtained a Bachelor's degree or graduate degree from an accredited professional nursing educational program. (b) Certification \nIf, in the case of any applicant described in subsection (a), a hiring manager waives a qualification standard in accordance with such subsection, such hiring manager shall submit to the Director of the Office of Personnel Management a certification that such applicant meets all remaining General Schedule qualification standards established by the Director of the Office of Personnel Management for the applicable position.", "id": "H512BF121299541F882FE926ABE41B39F", "header": "Waiver with respect to experienced nurses at military medical treatment facilities", "nested": [ { "text": "(a) In general \nThe hiring manager of a military medical treatment facility or other health care facility of the Department of Defense may waive any General Schedule qualification standard related to work experience established by the Director of the Office of Personnel Management in the case of any applicant for a nursing or practical nurse position in a medical treatment facility or other health care facility the Department of Defense who— (1)(A) is a nurse or practical nurse in the Department of Defense; or (B) was a nurse or practical nurse in the Department of Defense for at least 1 year; and (2) after commencing work as a nurse or practical nurse in the Department of Defense, obtained a Bachelor's degree or graduate degree from an accredited professional nursing educational program.", "id": "HF1B258F94F0A4BE288A3266EE6BDB90F", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Certification \nIf, in the case of any applicant described in subsection (a), a hiring manager waives a qualification standard in accordance with such subsection, such hiring manager shall submit to the Director of the Office of Personnel Management a certification that such applicant meets all remaining General Schedule qualification standards established by the Director of the Office of Personnel Management for the applicable position.", "id": "HB907601BFA724E1286E4DC7D7FB2408D", "header": "Certification", "nested": [], "links": [] } ], "links": [] } ]
2
1. Short title This Act may be cited as the REWARD Experience Act of 2023. 2. Waiver with respect to experienced nurses at military medical treatment facilities (a) In general The hiring manager of a military medical treatment facility or other health care facility of the Department of Defense may waive any General Schedule qualification standard related to work experience established by the Director of the Office of Personnel Management in the case of any applicant for a nursing or practical nurse position in a medical treatment facility or other health care facility the Department of Defense who— (1)(A) is a nurse or practical nurse in the Department of Defense; or (B) was a nurse or practical nurse in the Department of Defense for at least 1 year; and (2) after commencing work as a nurse or practical nurse in the Department of Defense, obtained a Bachelor's degree or graduate degree from an accredited professional nursing educational program. (b) Certification If, in the case of any applicant described in subsection (a), a hiring manager waives a qualification standard in accordance with such subsection, such hiring manager shall submit to the Director of the Office of Personnel Management a certification that such applicant meets all remaining General Schedule qualification standards established by the Director of the Office of Personnel Management for the applicable position.
1,407
[ "Armed Services Committee" ]
118hr905ih
118
hr
905
ih
To amend title 18, United States Code, to define intimate partner to include someone with whom there is or was a dating relationship, and for other purposes.
[ { "text": "1. Short title \nThis Act may be cited as the Strengthening Protections for Domestic Violence and Stalking Survivors Act of 2023.", "id": "H93FD943DD9B546E4A88EC198F220B5DC", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Addressing intimate partner violence \n(a) Inclusion of current and former dating partners in definition of intimate partner \nSection 921(a) of title 18, United States Code, is amended— (1) in paragraph (32)— (A) by striking and an individual and inserting an individual ; and (B) by inserting before the period at the end the following: , an individual who is or was in a dating relationship with the person, or any other individual similarly situated to a spouse, including a person who is protected by the domestic or family violence laws of the State or Tribal jurisdiction in which the abuse occurred or the victim resides ; (2) by striking paragraph (37)(A) and inserting the following: (37) (A) The term dating relationship means a relationship between individuals who have or have had, or in the case of a misdemeanor crime of domestic violence have or have recently had, a continuing serious relationship of a romantic or intimate nature. ; and (3) in paragraph (37)(C), by striking dating and inserting continuing serious. (b) New prohibitor for misdemeanor crimes of stalking \nChapter 44 of title 18, United States Code, is amended— (1) in section 921(a), by adding at the end the following: (38) (A) Except as provided in subparagraphs (B) and (C), the term misdemeanor crime of stalking means an offense that— (i) is a misdemeanor under Federal, State, Tribal, or local law; and (ii) has as an element a course of harassment, intimidation, or surveillance that— (I) places a person in reasonable fear of actual harm to the health or safety of— (aa) that person; (bb) an immediate family member (as defined in section 115) of that person; (cc) an individual who shares or has shared a residence with that person, without regard to whether the individual is related to that person; (dd) an intimate partner of that person; or (ee) the pet, service animal, or emotional support animal (as those terms are defined in section 2266) of that person; or (II) causes, attempts to cause, or would reasonably be expected to cause emotional distress to a person described in item (aa), (bb), (cc), or (dd) of subclause (I). (B) A person shall not be considered to have been convicted of such an offense for purposes of this chapter, unless— (i) the person was represented by counsel in the case, or knowingly and intelligently waived the right to counsel in the case; and (ii) in the case of a prosecution for an offense described in this paragraph for which a person was entitled to a jury trial in the jurisdiction in which the case was tried, either— (I) the case was tried by a jury; or (II) the person knowingly and intelligently waived the right to have the case tried by a jury, by guilty plea or otherwise. (C) A person shall not be considered to have been convicted of such an offense for purposes of this chapter if the conviction has been expunged or set aside, or is an offense for which the person has been pardoned or has had civil rights restored (if the law of the applicable jurisdiction provides for the loss of civil rights under such an offense) unless the pardon, expungement, or restoration of civil rights expressly provides that the person may not ship, transport, possess, or receive firearms. ; and (2) in section 922— (A) in subsection (d)— (i) by redesignating paragraphs (10) and (11) as paragraphs (11) and (12), respectively; (ii) by inserting after paragraph (9) the following: (10) has been convicted in any court of a misdemeanor crime of stalking; ; and (iii) in paragraph (12), as so redesignated, by striking (10) and inserting (11) ; and (B) in subsection (g)— (i) in paragraph (8), by striking or at the end; (ii) in paragraph (9), by striking the comma at the end and inserting ; or ; and (iii) by inserting after paragraph (9) the following: (10) has been convicted in any court of a misdemeanor crime of stalking,.", "id": "H497A2192436E4A008686ECFED9052E7B", "header": "Addressing intimate partner violence", "nested": [ { "text": "(a) Inclusion of current and former dating partners in definition of intimate partner \nSection 921(a) of title 18, United States Code, is amended— (1) in paragraph (32)— (A) by striking and an individual and inserting an individual ; and (B) by inserting before the period at the end the following: , an individual who is or was in a dating relationship with the person, or any other individual similarly situated to a spouse, including a person who is protected by the domestic or family violence laws of the State or Tribal jurisdiction in which the abuse occurred or the victim resides ; (2) by striking paragraph (37)(A) and inserting the following: (37) (A) The term dating relationship means a relationship between individuals who have or have had, or in the case of a misdemeanor crime of domestic violence have or have recently had, a continuing serious relationship of a romantic or intimate nature. ; and (3) in paragraph (37)(C), by striking dating and inserting continuing serious.", "id": "H05C46DD72CFD4393820910D9DBC262F9", "header": "Inclusion of current and former dating partners in definition of intimate partner", "nested": [], "links": [] }, { "text": "(b) New prohibitor for misdemeanor crimes of stalking \nChapter 44 of title 18, United States Code, is amended— (1) in section 921(a), by adding at the end the following: (38) (A) Except as provided in subparagraphs (B) and (C), the term misdemeanor crime of stalking means an offense that— (i) is a misdemeanor under Federal, State, Tribal, or local law; and (ii) has as an element a course of harassment, intimidation, or surveillance that— (I) places a person in reasonable fear of actual harm to the health or safety of— (aa) that person; (bb) an immediate family member (as defined in section 115) of that person; (cc) an individual who shares or has shared a residence with that person, without regard to whether the individual is related to that person; (dd) an intimate partner of that person; or (ee) the pet, service animal, or emotional support animal (as those terms are defined in section 2266) of that person; or (II) causes, attempts to cause, or would reasonably be expected to cause emotional distress to a person described in item (aa), (bb), (cc), or (dd) of subclause (I). (B) A person shall not be considered to have been convicted of such an offense for purposes of this chapter, unless— (i) the person was represented by counsel in the case, or knowingly and intelligently waived the right to counsel in the case; and (ii) in the case of a prosecution for an offense described in this paragraph for which a person was entitled to a jury trial in the jurisdiction in which the case was tried, either— (I) the case was tried by a jury; or (II) the person knowingly and intelligently waived the right to have the case tried by a jury, by guilty plea or otherwise. (C) A person shall not be considered to have been convicted of such an offense for purposes of this chapter if the conviction has been expunged or set aside, or is an offense for which the person has been pardoned or has had civil rights restored (if the law of the applicable jurisdiction provides for the loss of civil rights under such an offense) unless the pardon, expungement, or restoration of civil rights expressly provides that the person may not ship, transport, possess, or receive firearms. ; and (2) in section 922— (A) in subsection (d)— (i) by redesignating paragraphs (10) and (11) as paragraphs (11) and (12), respectively; (ii) by inserting after paragraph (9) the following: (10) has been convicted in any court of a misdemeanor crime of stalking; ; and (iii) in paragraph (12), as so redesignated, by striking (10) and inserting (11) ; and (B) in subsection (g)— (i) in paragraph (8), by striking or at the end; (ii) in paragraph (9), by striking the comma at the end and inserting ; or ; and (iii) by inserting after paragraph (9) the following: (10) has been convicted in any court of a misdemeanor crime of stalking,.", "id": "H79E45D53A7874EAA8747A1B481848631", "header": "New prohibitor for misdemeanor crimes of stalking", "nested": [], "links": [ { "text": "Chapter 44", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/18/44" } ] } ], "links": [ { "text": "Chapter 44", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/18/44" } ] } ]
2
1. Short title This Act may be cited as the Strengthening Protections for Domestic Violence and Stalking Survivors Act of 2023. 2. Addressing intimate partner violence (a) Inclusion of current and former dating partners in definition of intimate partner Section 921(a) of title 18, United States Code, is amended— (1) in paragraph (32)— (A) by striking and an individual and inserting an individual ; and (B) by inserting before the period at the end the following: , an individual who is or was in a dating relationship with the person, or any other individual similarly situated to a spouse, including a person who is protected by the domestic or family violence laws of the State or Tribal jurisdiction in which the abuse occurred or the victim resides ; (2) by striking paragraph (37)(A) and inserting the following: (37) (A) The term dating relationship means a relationship between individuals who have or have had, or in the case of a misdemeanor crime of domestic violence have or have recently had, a continuing serious relationship of a romantic or intimate nature. ; and (3) in paragraph (37)(C), by striking dating and inserting continuing serious. (b) New prohibitor for misdemeanor crimes of stalking Chapter 44 of title 18, United States Code, is amended— (1) in section 921(a), by adding at the end the following: (38) (A) Except as provided in subparagraphs (B) and (C), the term misdemeanor crime of stalking means an offense that— (i) is a misdemeanor under Federal, State, Tribal, or local law; and (ii) has as an element a course of harassment, intimidation, or surveillance that— (I) places a person in reasonable fear of actual harm to the health or safety of— (aa) that person; (bb) an immediate family member (as defined in section 115) of that person; (cc) an individual who shares or has shared a residence with that person, without regard to whether the individual is related to that person; (dd) an intimate partner of that person; or (ee) the pet, service animal, or emotional support animal (as those terms are defined in section 2266) of that person; or (II) causes, attempts to cause, or would reasonably be expected to cause emotional distress to a person described in item (aa), (bb), (cc), or (dd) of subclause (I). (B) A person shall not be considered to have been convicted of such an offense for purposes of this chapter, unless— (i) the person was represented by counsel in the case, or knowingly and intelligently waived the right to counsel in the case; and (ii) in the case of a prosecution for an offense described in this paragraph for which a person was entitled to a jury trial in the jurisdiction in which the case was tried, either— (I) the case was tried by a jury; or (II) the person knowingly and intelligently waived the right to have the case tried by a jury, by guilty plea or otherwise. (C) A person shall not be considered to have been convicted of such an offense for purposes of this chapter if the conviction has been expunged or set aside, or is an offense for which the person has been pardoned or has had civil rights restored (if the law of the applicable jurisdiction provides for the loss of civil rights under such an offense) unless the pardon, expungement, or restoration of civil rights expressly provides that the person may not ship, transport, possess, or receive firearms. ; and (2) in section 922— (A) in subsection (d)— (i) by redesignating paragraphs (10) and (11) as paragraphs (11) and (12), respectively; (ii) by inserting after paragraph (9) the following: (10) has been convicted in any court of a misdemeanor crime of stalking; ; and (iii) in paragraph (12), as so redesignated, by striking (10) and inserting (11) ; and (B) in subsection (g)— (i) in paragraph (8), by striking or at the end; (ii) in paragraph (9), by striking the comma at the end and inserting ; or ; and (iii) by inserting after paragraph (9) the following: (10) has been convicted in any court of a misdemeanor crime of stalking,.
3,988
[ "Judiciary Committee" ]
118hr2979ih
118
hr
2,979
ih
To require the designation of certain airports as ports of entry, and for other purposes.
[ { "text": "1. Short title \nThis Act may be cited as the Border Airport Enhancement Act of 2023.", "id": "H63073A9872A6437CB4750B0ED6BC6338", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Designation of certain airports as ports of entry; certain hiring enhancements for U.S. Customs and Border Protection \nThe President shall— (1) pursuant to the Act of August 1, 1914 (38 Stat. 623, chapter 223; 19 U.S.C. 2 ), designate the Valley International Airport in Harlingen, Texas, and the Plattsburgh International Airport in Plattsburgh, New York, as ports of entry; and (2) terminate, if applicable, the application of the user fee requirement under section 236 of the Trade and Tariff Act of 1984 ( 19 U.S.C. 58b ) with respect to each such airport.", "id": "H5A50F02507134D48A9F57DCAE16BFA3A", "header": "Designation of certain airports as ports of entry; certain hiring enhancements for U.S. Customs and Border Protection", "nested": [], "links": [ { "text": "19 U.S.C. 2", "legal-doc": "usc", "parsable-cite": "usc/19/2" }, { "text": "19 U.S.C. 58b", "legal-doc": "usc", "parsable-cite": "usc/19/58b" } ] } ]
2
1. Short title This Act may be cited as the Border Airport Enhancement Act of 2023. 2. Designation of certain airports as ports of entry; certain hiring enhancements for U.S. Customs and Border Protection The President shall— (1) pursuant to the Act of August 1, 1914 (38 Stat. 623, chapter 223; 19 U.S.C. 2 ), designate the Valley International Airport in Harlingen, Texas, and the Plattsburgh International Airport in Plattsburgh, New York, as ports of entry; and (2) terminate, if applicable, the application of the user fee requirement under section 236 of the Trade and Tariff Act of 1984 ( 19 U.S.C. 58b ) with respect to each such airport.
648
[ "Ways and Means Committee" ]
118hr4270ih
118
hr
4,270
ih
To amend the Energy Policy and Conservation Act to authorize State energy conservation plans to include programs to provide grants for planning, designing, and installing green roofs on elementary school and secondary school buildings, and for other purposes.
[ { "text": "1. Short title \nThis Act may be cited as the Public School Green Rooftop Program.", "id": "HEF3F92E2C51A49AB867BBF1399C7297B", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Findings \nCongress finds the following: (1) The Department of Energy recognizes green roof technology is an effective, practical way to increase the energy performance of buildings. (2) The Environmental Protection Agency acknowledges green roofs can reduce building energy use compared to conventional roofs. (3) Greater weatherization and insulation offered by green roofs reduce the demand for electrical power needed to moderate the temperature of a building, as roofs can be the source of the greatest heat loss in the winter and heat gain in the summer in buildings. (4) Green roofs can produce greater energy efficiency on elementary school and secondary school buildings than on other structures because the dimensions of school buildings are unique and often have a significantly greater width than height. (5) The General Services Administration recognizes green roofs can last 40 years or more before requiring replacement compared to 10 to 15 years for a conventional roof. (6) The General Services Administration (GSA), Department of Energy, and Environmental Protection Agency all recognize the integral role of maintenance in a green roof’s continued energy efficiency benefits and cost savings, and the GSA Public Buildings Service accordingly provides ongoing maintenance training to maximize the benefits of green roofs. (7) Green roofs can provide economic benefits, including decreased energy costs, water use, stormwater runoff, landfill waste, and building operating expenses that can save taxpayers money. (8) Green roofs can provide annual cost savings per square foot of the roof’s surface. (9) Green roofs on educational facilities can provide accessible sites to teach students at all levels of education about various subjects including science, technology, engineering, and math (STEM), biodiversity, ecology, urban agriculture, stormwater management, sustainability, art, technology, and more. (10) Planning, designing, installing, and maintaining green roofs can generate employment opportunities for properly trained personnel, while specialized green roofs can also provide employment opportunities for urban agriculture operations. (11) The Environmental Protection Agency, in collaboration with Green Roofs for Healthy Cities, acknowledges landscape architects as leaders in planning and designing green roofs. (12) Green roofs can help stabilize neighborhoods by providing community-wide benefits, including those that address public health, food security, urban development, and economic growth. (13) By improving air and water quality and mitigating excess heat, among other benefits, green roofs can improve public health and lessen healthcare system stressors. (14) Green roofs can help reduce the impacts of climate change, including extreme heat and poor air quality, by sequestering harmful carbon and other pollutants in the atmosphere. (15) Green roofs can reduce the urban heat island effect and city-wide ambient temperatures by up to 5°F because green roof temperatures can be 30 to 40°F lower than those of conventional roofs. (16) The National Aeronautics and Space Administration determined indoor summer building temperatures were cooler for buildings with green roofs. (17) As living systems, green roofs retain rainwater in the soil, plants, and drainage layer and therefore can reduce stormwater runoff rates by up to 65 percent and delay the time at which runoff occurs, resulting in decreased stress on sewer systems and streams at peak flow periods and decreased pollution in United States waterways. (18) Green roofs can enhance environmental justice by addressing the disproportionate impacts of excess heat and adding much-needed green space to the built environment in underserved communities. (19) Green roofs can enhance biodiversity by providing and creating habitats for various plants and wildlife such as pollinators and migratory birds.", "id": "H706B534C78084AEB8662DB135B52C795", "header": "Findings", "nested": [], "links": [] }, { "text": "3. Green roof grant programs \nSection 362 of the Energy Policy and Conservation Act ( 42 U.S.C. 6322 ) is amended— (1) in subsection (d)— (A) in paragraph (17), by striking ; and and inserting a semicolon; (B) by redesignating paragraph (18) as paragraph (19); and (C) by inserting after paragraph (17) the following: (18) in accordance with subsection (h), programs to provide financial assistance, including grants, for planning, designing, installing, maintaining, and monitoring green roofs on elementary school and secondary school buildings; and ; and (2) by adding at the end the following: (h) Green roof grant programs \n(1) Grants for planning assistance \n(A) Grant programs \nUnder a program to provide financial assistance as provided for under subsection (d)(18), a State may make grants to eligible entities to pay the costs of planning and design assistance for a green roof as described in subparagraph (B). (B) Allowable use of funds for grants for planning assistance \nAn eligible entity receiving a grant pursuant to subparagraph (A) may use the grant for any of the following purposes: (i) Identification of opportunities to use green roofs on elementary school and secondary school buildings, including performing site analyses for locating green roofs. (ii) Determination of, and plans to obtain, permits relating to a green roof on an elementary school or secondary school building. (iii) Architectural, landscape architectural, and engineering analysis for a green roof on an elementary school or secondary school building, including— (I) plans for assessing the structural loading capacity of the elementary school or secondary school building, accounting for vegetation; and (II) design services, including the creation of design plans and construction documents for a green roof on the elementary school or secondary school building. (iv) Cost estimation of the planning, designing, installing, and maintaining of a green roof on an elementary school or secondary school building, including an energy savings analysis. (v) Administrative costs, including reimbursement for grant writing services used to obtain a grant under this paragraph. (2) Public school green roof installation grant program \n(A) Public school green roof installation program \nUnder a program to provide financial assistance as provided for under subsection (d)(18), a State may award grants, on a competitive basis, to eligible entities to carry out projects to install a green roof on an elementary school or secondary school building. (B) Application \nTo receive a grant pursuant to subparagraph (A), an eligible entity shall submit to a State an application— (i) at such time, and in such manner, as the State may require; (ii) that includes— (I) a strategy for increasing energy efficiency and reducing heat reflection of the applicable elementary school or secondary school building; (II) a description and methodology of the eligible entity’s plan for the installation, operation, and maintenance of a green roof on an elementary school or secondary school building, including a plan to meet the requirements of title III of the Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et seq); (III) a letter of compliance from each applicable local regulatory body that documents the green roof is planned and designed, and will be constructed in accordance with local standards and regulations, including occupancy, fire, stormwater compliance, and building codes; (IV) cost estimation of the planning, designing, installing, and maintaining of the green roof on the elementary school or secondary school building, including an energy savings analysis; and (V) the hiring criteria and qualifications for personnel to design, construct, install, and maintain the green roof, including a plan for hiring— (aa) local workforce trainees; (bb) at least one Green Roof Professional as accredited by the Green Roof Industry Association, or a professional licensed by a State or an appropriate accreditation; and (cc) low-income individuals, individuals registered with a one-stop center, and returning citizens. (C) Priority \nIn awarding grants pursuant to subparagraph (A), a State shall give priority to— (i) projects to install a green roof on buildings of elementary schools and secondary schools in which not fewer than 30 percent of students are from households with incomes below the poverty line; (ii) projects that meet minimum performance and nationally recognized standards for green roofs and walls, including— (I) the Living Architecture Performance Tool; (II) The Sustainable SITES Initiative®; and (III) other nationally recognized standards; and (iii) projects to install a green roof on buildings of elementary schools and secondary schools located in a nonattainment area (as defined in section 171(2) of the Clean Air Act ( 42 U.S.C. 7501(2) ). (D) Installation \nNot later than 4 years after receiving a grant pursuant to subparagraph (A), an eligible entity shall complete installation of a green roof. (E) Maintenance and monitoring of infrastructure \nUnder a program described in subparagraph (A), in addition to receiving a grant under to install a green roof under such program, each eligible entity that meets the installation requirements of subparagraph (D) may receive additional funding for a 5-year period for maintenance and monitoring activities relating to the green roof, which activities may include the following: (i) Monitoring and evaluating energy performance and cost savings of the green roof. (ii) Monitoring and evaluating air temperature of the green roof. (iii) Conducting routine inspections throughout the year to assess the condition of the green roof, including plant health and replanting alternatives in consultation with a landscape architect, horticulturalist, agronomist, or other landscape professional as appropriate. (3) Definitions \nIn this subsection: (A) Elementary school \nThe term elementary school has the meaning given the term in section 8101 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7801 ). (B) Eligible entity \nThe term eligible entity means— (i) a public elementary school or secondary school; (ii) a local educational agency; or (iii) a partnership between a nonprofit organization and an entity described in clause (i) or (ii). (C) Green roof \nThe term green roof means a layer of vegetation planted over a waterproofing system or waterproof management practice that is installed on top of a flat or slightly–sloped roof that may support plant growth, including— (i) an extensive green roof with a growing media layer that is up to 6 inches thick; or (ii) an intensive green roof with a growing media layer that is 6 to 48 inches thick. (D) 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 ). (E) Low-income individual \nThe term low-income individual means, with respect to any calendar year, any individual who lives in a household that has a gross income that does not exceed 300 percent of the poverty line. (F) Nonprofit organization \nThe term nonprofit organization means an organization described in section 501(c)(3) of the Internal Revenue Code of 1986 which is exempt from taxation under section 501(a) of such Code. (G) One-stop center \nThe term one-stop center has the meaning given such term in section 3 of the Workforce Innovation and Opportunity Act ( 29 U.S.C. 3102 ). (H) Poverty line \nThe term poverty line has the meaning given the term in section 8101 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7801 ). (I) Secondary school \nThe term secondary school has the meaning given the term in section 8101 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7801 )..", "id": "HEE3D6121B7C4448E8D889AEBDE5C32FE", "header": "Green roof grant programs", "nested": [], "links": [ { "text": "42 U.S.C. 6322", "legal-doc": "usc", "parsable-cite": "usc/42/6322" }, { "text": "42 U.S.C. 7501(2)", "legal-doc": "usc", "parsable-cite": "usc/42/7501" }, { "text": "20 U.S.C. 7801", "legal-doc": "usc", "parsable-cite": "usc/20/7801" }, { "text": "20 U.S.C. 7801", "legal-doc": "usc", "parsable-cite": "usc/20/7801" }, { "text": "section 501(c)(3)", "legal-doc": "usc", "parsable-cite": "usc/26/501" }, { "text": "29 U.S.C. 3102", "legal-doc": "usc", "parsable-cite": "usc/29/3102" }, { "text": "20 U.S.C. 7801", "legal-doc": "usc", "parsable-cite": "usc/20/7801" }, { "text": "20 U.S.C. 7801", "legal-doc": "usc", "parsable-cite": "usc/20/7801" } ] } ]
3
1. Short title This Act may be cited as the Public School Green Rooftop Program. 2. Findings Congress finds the following: (1) The Department of Energy recognizes green roof technology is an effective, practical way to increase the energy performance of buildings. (2) The Environmental Protection Agency acknowledges green roofs can reduce building energy use compared to conventional roofs. (3) Greater weatherization and insulation offered by green roofs reduce the demand for electrical power needed to moderate the temperature of a building, as roofs can be the source of the greatest heat loss in the winter and heat gain in the summer in buildings. (4) Green roofs can produce greater energy efficiency on elementary school and secondary school buildings than on other structures because the dimensions of school buildings are unique and often have a significantly greater width than height. (5) The General Services Administration recognizes green roofs can last 40 years or more before requiring replacement compared to 10 to 15 years for a conventional roof. (6) The General Services Administration (GSA), Department of Energy, and Environmental Protection Agency all recognize the integral role of maintenance in a green roof’s continued energy efficiency benefits and cost savings, and the GSA Public Buildings Service accordingly provides ongoing maintenance training to maximize the benefits of green roofs. (7) Green roofs can provide economic benefits, including decreased energy costs, water use, stormwater runoff, landfill waste, and building operating expenses that can save taxpayers money. (8) Green roofs can provide annual cost savings per square foot of the roof’s surface. (9) Green roofs on educational facilities can provide accessible sites to teach students at all levels of education about various subjects including science, technology, engineering, and math (STEM), biodiversity, ecology, urban agriculture, stormwater management, sustainability, art, technology, and more. (10) Planning, designing, installing, and maintaining green roofs can generate employment opportunities for properly trained personnel, while specialized green roofs can also provide employment opportunities for urban agriculture operations. (11) The Environmental Protection Agency, in collaboration with Green Roofs for Healthy Cities, acknowledges landscape architects as leaders in planning and designing green roofs. (12) Green roofs can help stabilize neighborhoods by providing community-wide benefits, including those that address public health, food security, urban development, and economic growth. (13) By improving air and water quality and mitigating excess heat, among other benefits, green roofs can improve public health and lessen healthcare system stressors. (14) Green roofs can help reduce the impacts of climate change, including extreme heat and poor air quality, by sequestering harmful carbon and other pollutants in the atmosphere. (15) Green roofs can reduce the urban heat island effect and city-wide ambient temperatures by up to 5°F because green roof temperatures can be 30 to 40°F lower than those of conventional roofs. (16) The National Aeronautics and Space Administration determined indoor summer building temperatures were cooler for buildings with green roofs. (17) As living systems, green roofs retain rainwater in the soil, plants, and drainage layer and therefore can reduce stormwater runoff rates by up to 65 percent and delay the time at which runoff occurs, resulting in decreased stress on sewer systems and streams at peak flow periods and decreased pollution in United States waterways. (18) Green roofs can enhance environmental justice by addressing the disproportionate impacts of excess heat and adding much-needed green space to the built environment in underserved communities. (19) Green roofs can enhance biodiversity by providing and creating habitats for various plants and wildlife such as pollinators and migratory birds. 3. Green roof grant programs Section 362 of the Energy Policy and Conservation Act ( 42 U.S.C. 6322 ) is amended— (1) in subsection (d)— (A) in paragraph (17), by striking ; and and inserting a semicolon; (B) by redesignating paragraph (18) as paragraph (19); and (C) by inserting after paragraph (17) the following: (18) in accordance with subsection (h), programs to provide financial assistance, including grants, for planning, designing, installing, maintaining, and monitoring green roofs on elementary school and secondary school buildings; and ; and (2) by adding at the end the following: (h) Green roof grant programs (1) Grants for planning assistance (A) Grant programs Under a program to provide financial assistance as provided for under subsection (d)(18), a State may make grants to eligible entities to pay the costs of planning and design assistance for a green roof as described in subparagraph (B). (B) Allowable use of funds for grants for planning assistance An eligible entity receiving a grant pursuant to subparagraph (A) may use the grant for any of the following purposes: (i) Identification of opportunities to use green roofs on elementary school and secondary school buildings, including performing site analyses for locating green roofs. (ii) Determination of, and plans to obtain, permits relating to a green roof on an elementary school or secondary school building. (iii) Architectural, landscape architectural, and engineering analysis for a green roof on an elementary school or secondary school building, including— (I) plans for assessing the structural loading capacity of the elementary school or secondary school building, accounting for vegetation; and (II) design services, including the creation of design plans and construction documents for a green roof on the elementary school or secondary school building. (iv) Cost estimation of the planning, designing, installing, and maintaining of a green roof on an elementary school or secondary school building, including an energy savings analysis. (v) Administrative costs, including reimbursement for grant writing services used to obtain a grant under this paragraph. (2) Public school green roof installation grant program (A) Public school green roof installation program Under a program to provide financial assistance as provided for under subsection (d)(18), a State may award grants, on a competitive basis, to eligible entities to carry out projects to install a green roof on an elementary school or secondary school building. (B) Application To receive a grant pursuant to subparagraph (A), an eligible entity shall submit to a State an application— (i) at such time, and in such manner, as the State may require; (ii) that includes— (I) a strategy for increasing energy efficiency and reducing heat reflection of the applicable elementary school or secondary school building; (II) a description and methodology of the eligible entity’s plan for the installation, operation, and maintenance of a green roof on an elementary school or secondary school building, including a plan to meet the requirements of title III of the Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et seq); (III) a letter of compliance from each applicable local regulatory body that documents the green roof is planned and designed, and will be constructed in accordance with local standards and regulations, including occupancy, fire, stormwater compliance, and building codes; (IV) cost estimation of the planning, designing, installing, and maintaining of the green roof on the elementary school or secondary school building, including an energy savings analysis; and (V) the hiring criteria and qualifications for personnel to design, construct, install, and maintain the green roof, including a plan for hiring— (aa) local workforce trainees; (bb) at least one Green Roof Professional as accredited by the Green Roof Industry Association, or a professional licensed by a State or an appropriate accreditation; and (cc) low-income individuals, individuals registered with a one-stop center, and returning citizens. (C) Priority In awarding grants pursuant to subparagraph (A), a State shall give priority to— (i) projects to install a green roof on buildings of elementary schools and secondary schools in which not fewer than 30 percent of students are from households with incomes below the poverty line; (ii) projects that meet minimum performance and nationally recognized standards for green roofs and walls, including— (I) the Living Architecture Performance Tool; (II) The Sustainable SITES Initiative®; and (III) other nationally recognized standards; and (iii) projects to install a green roof on buildings of elementary schools and secondary schools located in a nonattainment area (as defined in section 171(2) of the Clean Air Act ( 42 U.S.C. 7501(2) ). (D) Installation Not later than 4 years after receiving a grant pursuant to subparagraph (A), an eligible entity shall complete installation of a green roof. (E) Maintenance and monitoring of infrastructure Under a program described in subparagraph (A), in addition to receiving a grant under to install a green roof under such program, each eligible entity that meets the installation requirements of subparagraph (D) may receive additional funding for a 5-year period for maintenance and monitoring activities relating to the green roof, which activities may include the following: (i) Monitoring and evaluating energy performance and cost savings of the green roof. (ii) Monitoring and evaluating air temperature of the green roof. (iii) Conducting routine inspections throughout the year to assess the condition of the green roof, including plant health and replanting alternatives in consultation with a landscape architect, horticulturalist, agronomist, or other landscape professional as appropriate. (3) Definitions In this subsection: (A) Elementary school The term elementary school has the meaning given the term in section 8101 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7801 ). (B) Eligible entity The term eligible entity means— (i) a public elementary school or secondary school; (ii) a local educational agency; or (iii) a partnership between a nonprofit organization and an entity described in clause (i) or (ii). (C) Green roof The term green roof means a layer of vegetation planted over a waterproofing system or waterproof management practice that is installed on top of a flat or slightly–sloped roof that may support plant growth, including— (i) an extensive green roof with a growing media layer that is up to 6 inches thick; or (ii) an intensive green roof with a growing media layer that is 6 to 48 inches thick. (D) 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 ). (E) Low-income individual The term low-income individual means, with respect to any calendar year, any individual who lives in a household that has a gross income that does not exceed 300 percent of the poverty line. (F) Nonprofit organization The term nonprofit organization means an organization described in section 501(c)(3) of the Internal Revenue Code of 1986 which is exempt from taxation under section 501(a) of such Code. (G) One-stop center The term one-stop center has the meaning given such term in section 3 of the Workforce Innovation and Opportunity Act ( 29 U.S.C. 3102 ). (H) Poverty line The term poverty line has the meaning given the term in section 8101 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7801 ). (I) Secondary school The term secondary school has the meaning given the term in section 8101 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7801 )..
11,830
[ "Energy and Commerce Committee" ]
118hr3272ih
118
hr
3,272
ih
To award a Congressional Gold Medal, collectively, to the brave women who served in World War II as members of the U.S. Army Nurse Corps and U.S. Navy Nurse Corps.
[ { "text": "1. Short title \nThis Act may be cited as the WWII Nurses Congressional Gold Medal Act.", "id": "H239EC75CFFD54122A7320D86091CA888", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Findings \nThe Congress finds the following: (1) On December 8, 1941, the United States declared war against the Empire of Japan, followed by declarations of war against Germany and Italy on December 11, 1941. In 1935, there were fewer than 600 U.S. Army Nurses and 1,700 U.S. Navy Nurses on active duty. By the time World War II ended, more than 59,000 Army Nurses and 14,000 Navy Nurses had volunteered to serve. (2) The Army Reorganization Act of 1920 granted women in the Nurse Corps relative rank. This gave them the right to wear the military insignia, but did not confer military status or privileges. This arrangement meant women serving throughout WWII received 50 percent of the pay as compared to their male counterparts, and none of the veteran benefits. Because they did not receive military status, they received no orientation or training before being deployed to hospitals near the frontlines. (3) Nurses served under fire in field hospitals and evacuation hospitals across six continents, on hospital trains and ships, and as flight nurses on medical transport planes. Several nurses were killed in action when their ships were torpedoed or field hospitals were bombed. Some even entered into combat areas as flight nurses to retrieve the wounded, and 2 groups were captured as prisoners of war by the Japanese. (4) General Douglas MacArthur ordered Army Nurses to the Bataan Peninsula to prepare 2 emergency hospitals for U.S. and Filipino forces. General Hospital 1 received casualties directly from the front lines, and more than 1,200 battle casualties requiring major surgery were admitted within a month. General Hospital 2 accepted patients strong enough for evacuation, as it was out in the open, with no tents or buildings, and only tree canopy to conceal them from Japanese aircraft. Hospital 1 was bombed on March 29, 1942, killing or wounding more than 100 patients, but the nurses carried on with their duties as well as they were able. Following the U.S. Army surrender of the Philippines to the Japanese on May 6, 1942, 67 Army Nurses were taken to Santo Tomas Internment Camp in Manila, where they remained until February 1945. During the 37 months in captivity, these women endured primitive conditions and starvation rations, but continued to care for the ill and injured in the internment camp hospital. (5) Early in the morning of November 8, 1942, 60 nurses attached to the 48th Surgical Hospital landed off the coast of North Africa. The nurses wore helmets and carried full packs containing medical equipment. Without weapons, they waded ashore amid enemy sniper fire and ultimately took shelter in an abandoned civilian hospital, where they began caring for invasion casualties. There was no electricity or running water, and the only medical supplies available were those the nurses had brought themselves. (6) In Anzio, Italy, nurses dug foxholes outside their tents or under their cots and cared for patients under German shellfire. The field hospital tents were marked by large red crosses and were sometimes deliberately hit with artillery shells and bombs. On February 7, 1944, a German pilot being pursued by British fighter planes dropped 5 antipersonnel bombs on the hospital, destroying 29 ward tents, killing 26 and wounding 64. The dead included 3 nurses, 2 medical officers, a Red Cross worker, 14 enlisted men and 6 patients. Troops came to refer to the hospital area as Hell’s Half-Acre because it was hit so frequently by enemy fire. At least 200 nurses took part in the Anzio campaign, caring for more than 33,000 patients behind enemy lines. (7) Enlisted nurses acclimated quickly to difficult and dangerous conditions with a minimum of complaints, and were essential members of the field armies. (8) The presence of nurses at the front improved morale because soldiers realized that they would receive skilled care in the event they were wounded. (9) Thanks largely to the efforts of these nurses, fewer than 4 percent of the American soldiers who received medical care in the field or underwent evacuation died from wounds or disease. (10) After the war, broad public health missions required that enlisted nurses supervise communicable disease measures as former enemy countries were reorganized. In Hiroshima, these officers cared for victims of the atomic bombs. In Munich, they prevented mass epidemic in refugee camps. Enlisted nurses even provided prenatal, infant, and mental health care in other former-enemy territories. (11) Nurses received 1,619 medals, citations, and commendations during the war, reflecting the courage and dedication of all who served. Sixteen medals were awarded posthumously to nurses who died as a result of enemy fire, including 6 nurses who died at Anzio, 6 who died when the Hospital Ship Comfort was attacked by a Japanese suicide plane, and 4 flight nurses. Thirteen other flight nurses died in weather-related crashes while on duty. (12) In 1944, Congress passed a bill that granted Army and Navy Nurses actual military rank and benefits, approved for the duration of the war plus 6 months. (13) In 1947, Congress passed legislation establishing a permanent Army and Navy Nursing Corps and gave members permanent officer status with equal pay and the same benefits as those given to male officers. (14) In 1948, all military branches were integrated and female doctors were finally admitted to the Army Medical Corps. (15) Although African-American Nurses were fully qualified and prepared to serve as nurses at the onset of World War II, racial segregation and discrimination made it difficult for Black women to join the ranks of the Army Nurse Corps (referred to in this Act as the ANC ). (16) As the ANC began expanding its recruiting process, thousands of Black nurses who wanted to serve their country filled out applications. (17) While the Army did eventually integrate African-American Nurses in 1941, it did so unwillingly and placed a quota on the number of African-American Nurses that they would accept, capping the number allowed to join at 56. (18) Many of them had hardship tours and were sent to segregated camps to take care of African-American Soldiers and would rotate and allow White nurses reprieve in taking care of German POWs. As the war progressed, the number of Black nurses allowed to enlist remained low, although the quota was officially lifted in July 1944. (19) The extraordinary efforts of these women are deserving of belated official recognition. (20) The United States is eternally grateful to the nurses of the Army and Navy Nurse Corps for their bravery and dedication to their patients through World War II, which saved lives and made significant contributions to the defeat of the Axis powers.", "id": "H211A2A800CD948CA9B0284173AB041A0", "header": "Findings", "nested": [], "links": [] }, { "text": "3. Congressional gold medal \n(a) Presentation authorized \nThe Speaker of the House of Representatives and the President pro tempore of the Senate shall make appropriate arrangements for the presentation, on behalf of Congress, of a gold medal of appropriate design in honor of World War II Army and Navy Nurse Corps members, in recognition of the critical military service and devotion to duty of those nurses. (b) Design and striking \nFor purposes of the presentation described in subsection (a), the Secretary of the Treasury (referred to in this Act as the Secretary ) shall strike a gold medal with suitable emblems, devices, and inscriptions to be determined by the Secretary. (c) Smithsonian institution \n(1) In general \nFollowing the award of the gold medal under subsection (a), the gold medal shall be given to the Smithsonian Institution, where it shall be available for display as appropriate and available for research. (2) Sense of Congress \nIt is the sense of Congress that the Smithsonian Institution should make the gold medal received under paragraph (1) available for display elsewhere, particularly at— (A) appropriate locations associated with the Army and Navy Nurse Corps of World War II, including— (i) the U.S. Army Medical Center of Excellence; (ii) the Women in Military Service for America Memorial; (iii) the U.S. Army Women’s Museum; (iv) the National Naval Medical Centers; and (v) the National World War II Museum; and (B) any other location determined appropriate by the Smithsonian Institution.", "id": "H397D2FA72F2D464B9FB2155F86C59F0C", "header": "Congressional gold medal", "nested": [ { "text": "(a) Presentation authorized \nThe Speaker of the House of Representatives and the President pro tempore of the Senate shall make appropriate arrangements for the presentation, on behalf of Congress, of a gold medal of appropriate design in honor of World War II Army and Navy Nurse Corps members, in recognition of the critical military service and devotion to duty of those nurses.", "id": "H451F40B1B2924553913B555A74CF196A", "header": "Presentation authorized", "nested": [], "links": [] }, { "text": "(b) Design and striking \nFor purposes of the presentation described in subsection (a), the Secretary of the Treasury (referred to in this Act as the Secretary ) shall strike a gold medal with suitable emblems, devices, and inscriptions to be determined by the Secretary.", "id": "HC1CF16FDCD9846AA9480BEB393CF562C", "header": "Design and striking", "nested": [], "links": [] }, { "text": "(c) Smithsonian institution \n(1) In general \nFollowing the award of the gold medal under subsection (a), the gold medal shall be given to the Smithsonian Institution, where it shall be available for display as appropriate and available for research. (2) Sense of Congress \nIt is the sense of Congress that the Smithsonian Institution should make the gold medal received under paragraph (1) available for display elsewhere, particularly at— (A) appropriate locations associated with the Army and Navy Nurse Corps of World War II, including— (i) the U.S. Army Medical Center of Excellence; (ii) the Women in Military Service for America Memorial; (iii) the U.S. Army Women’s Museum; (iv) the National Naval Medical Centers; and (v) the National World War II Museum; and (B) any other location determined appropriate by the Smithsonian Institution.", "id": "HDFE764794C4D40239336DC0F0F7812DA", "header": "Smithsonian institution", "nested": [], "links": [] } ], "links": [] }, { "text": "4. Duplicate medals \nThe Secretary may strike and sell duplicates in bronze of the gold medal struck under section 3, at a price sufficient to cover the costs of the medals, including labor, materials, dies, use of machinery, and overhead expenses.", "id": "H41E2D366CA9248F8AFADA73E9EDACAC6", "header": "Duplicate medals", "nested": [], "links": [] }, { "text": "5. Status of medals \n(a) National medals \nMedals struck pursuant to this Act are national medals for purposes of chapter 51 of title 31, United States Code. (b) Numismatic items \nFor purposes of section 5134 of title 31, United States Code, all medals struck under this Act shall be considered to be numismatic items.", "id": "H76FC850A02594F4DA38DC88F46BC4A80", "header": "Status of medals", "nested": [ { "text": "(a) National medals \nMedals struck pursuant to this Act are national medals for purposes of chapter 51 of title 31, United States Code.", "id": "H7BD4EC58F1104C74BE724B45F3585F6F", "header": "National medals", "nested": [], "links": [ { "text": "chapter 51", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/31/51" } ] }, { "text": "(b) Numismatic items \nFor purposes of section 5134 of title 31, United States Code, all medals struck under this Act shall be considered to be numismatic items.", "id": "H6B546BE8B8544574972F3B872AA9EED1", "header": "Numismatic items", "nested": [], "links": [] } ], "links": [ { "text": "chapter 51", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/31/51" } ] }, { "text": "6. Authority to use fund amounts; proceeds of sale \n(a) Authority To use fund amounts \nThere is authorized to be charged against the United States Mint Public Enterprise Fund such amounts as may be necessary to pay for the costs of the medals struck under this Act. (b) Proceeds of sale \nAmounts received from the sale of duplicate bronze medals authorized under section 4 shall be deposited into the United States Mint Public Enterprise Fund.", "id": "H3B1B6F4027074F21873121FDBD396AB7", "header": "Authority to use fund amounts; proceeds of sale", "nested": [ { "text": "(a) Authority To use fund amounts \nThere is authorized to be charged against the United States Mint Public Enterprise Fund such amounts as may be necessary to pay for the costs of the medals struck under this Act.", "id": "H1040FEE060D3474B9C9F0CBA882398E0", "header": "Authority To use fund amounts", "nested": [], "links": [] }, { "text": "(b) Proceeds of sale \nAmounts received from the sale of duplicate bronze medals authorized under section 4 shall be deposited into the United States Mint Public Enterprise Fund.", "id": "H120AFE137256483DA005D23A41C34036", "header": "Proceeds of sale", "nested": [], "links": [] } ], "links": [] } ]
6
1. Short title This Act may be cited as the WWII Nurses Congressional Gold Medal Act. 2. Findings The Congress finds the following: (1) On December 8, 1941, the United States declared war against the Empire of Japan, followed by declarations of war against Germany and Italy on December 11, 1941. In 1935, there were fewer than 600 U.S. Army Nurses and 1,700 U.S. Navy Nurses on active duty. By the time World War II ended, more than 59,000 Army Nurses and 14,000 Navy Nurses had volunteered to serve. (2) The Army Reorganization Act of 1920 granted women in the Nurse Corps relative rank. This gave them the right to wear the military insignia, but did not confer military status or privileges. This arrangement meant women serving throughout WWII received 50 percent of the pay as compared to their male counterparts, and none of the veteran benefits. Because they did not receive military status, they received no orientation or training before being deployed to hospitals near the frontlines. (3) Nurses served under fire in field hospitals and evacuation hospitals across six continents, on hospital trains and ships, and as flight nurses on medical transport planes. Several nurses were killed in action when their ships were torpedoed or field hospitals were bombed. Some even entered into combat areas as flight nurses to retrieve the wounded, and 2 groups were captured as prisoners of war by the Japanese. (4) General Douglas MacArthur ordered Army Nurses to the Bataan Peninsula to prepare 2 emergency hospitals for U.S. and Filipino forces. General Hospital 1 received casualties directly from the front lines, and more than 1,200 battle casualties requiring major surgery were admitted within a month. General Hospital 2 accepted patients strong enough for evacuation, as it was out in the open, with no tents or buildings, and only tree canopy to conceal them from Japanese aircraft. Hospital 1 was bombed on March 29, 1942, killing or wounding more than 100 patients, but the nurses carried on with their duties as well as they were able. Following the U.S. Army surrender of the Philippines to the Japanese on May 6, 1942, 67 Army Nurses were taken to Santo Tomas Internment Camp in Manila, where they remained until February 1945. During the 37 months in captivity, these women endured primitive conditions and starvation rations, but continued to care for the ill and injured in the internment camp hospital. (5) Early in the morning of November 8, 1942, 60 nurses attached to the 48th Surgical Hospital landed off the coast of North Africa. The nurses wore helmets and carried full packs containing medical equipment. Without weapons, they waded ashore amid enemy sniper fire and ultimately took shelter in an abandoned civilian hospital, where they began caring for invasion casualties. There was no electricity or running water, and the only medical supplies available were those the nurses had brought themselves. (6) In Anzio, Italy, nurses dug foxholes outside their tents or under their cots and cared for patients under German shellfire. The field hospital tents were marked by large red crosses and were sometimes deliberately hit with artillery shells and bombs. On February 7, 1944, a German pilot being pursued by British fighter planes dropped 5 antipersonnel bombs on the hospital, destroying 29 ward tents, killing 26 and wounding 64. The dead included 3 nurses, 2 medical officers, a Red Cross worker, 14 enlisted men and 6 patients. Troops came to refer to the hospital area as Hell’s Half-Acre because it was hit so frequently by enemy fire. At least 200 nurses took part in the Anzio campaign, caring for more than 33,000 patients behind enemy lines. (7) Enlisted nurses acclimated quickly to difficult and dangerous conditions with a minimum of complaints, and were essential members of the field armies. (8) The presence of nurses at the front improved morale because soldiers realized that they would receive skilled care in the event they were wounded. (9) Thanks largely to the efforts of these nurses, fewer than 4 percent of the American soldiers who received medical care in the field or underwent evacuation died from wounds or disease. (10) After the war, broad public health missions required that enlisted nurses supervise communicable disease measures as former enemy countries were reorganized. In Hiroshima, these officers cared for victims of the atomic bombs. In Munich, they prevented mass epidemic in refugee camps. Enlisted nurses even provided prenatal, infant, and mental health care in other former-enemy territories. (11) Nurses received 1,619 medals, citations, and commendations during the war, reflecting the courage and dedication of all who served. Sixteen medals were awarded posthumously to nurses who died as a result of enemy fire, including 6 nurses who died at Anzio, 6 who died when the Hospital Ship Comfort was attacked by a Japanese suicide plane, and 4 flight nurses. Thirteen other flight nurses died in weather-related crashes while on duty. (12) In 1944, Congress passed a bill that granted Army and Navy Nurses actual military rank and benefits, approved for the duration of the war plus 6 months. (13) In 1947, Congress passed legislation establishing a permanent Army and Navy Nursing Corps and gave members permanent officer status with equal pay and the same benefits as those given to male officers. (14) In 1948, all military branches were integrated and female doctors were finally admitted to the Army Medical Corps. (15) Although African-American Nurses were fully qualified and prepared to serve as nurses at the onset of World War II, racial segregation and discrimination made it difficult for Black women to join the ranks of the Army Nurse Corps (referred to in this Act as the ANC ). (16) As the ANC began expanding its recruiting process, thousands of Black nurses who wanted to serve their country filled out applications. (17) While the Army did eventually integrate African-American Nurses in 1941, it did so unwillingly and placed a quota on the number of African-American Nurses that they would accept, capping the number allowed to join at 56. (18) Many of them had hardship tours and were sent to segregated camps to take care of African-American Soldiers and would rotate and allow White nurses reprieve in taking care of German POWs. As the war progressed, the number of Black nurses allowed to enlist remained low, although the quota was officially lifted in July 1944. (19) The extraordinary efforts of these women are deserving of belated official recognition. (20) The United States is eternally grateful to the nurses of the Army and Navy Nurse Corps for their bravery and dedication to their patients through World War II, which saved lives and made significant contributions to the defeat of the Axis powers. 3. Congressional gold medal (a) Presentation authorized The Speaker of the House of Representatives and the President pro tempore of the Senate shall make appropriate arrangements for the presentation, on behalf of Congress, of a gold medal of appropriate design in honor of World War II Army and Navy Nurse Corps members, in recognition of the critical military service and devotion to duty of those nurses. (b) Design and striking For purposes of the presentation described in subsection (a), the Secretary of the Treasury (referred to in this Act as the Secretary ) shall strike a gold medal with suitable emblems, devices, and inscriptions to be determined by the Secretary. (c) Smithsonian institution (1) In general Following the award of the gold medal under subsection (a), the gold medal shall be given to the Smithsonian Institution, where it shall be available for display as appropriate and available for research. (2) Sense of Congress It is the sense of Congress that the Smithsonian Institution should make the gold medal received under paragraph (1) available for display elsewhere, particularly at— (A) appropriate locations associated with the Army and Navy Nurse Corps of World War II, including— (i) the U.S. Army Medical Center of Excellence; (ii) the Women in Military Service for America Memorial; (iii) the U.S. Army Women’s Museum; (iv) the National Naval Medical Centers; and (v) the National World War II Museum; and (B) any other location determined appropriate by the Smithsonian Institution. 4. Duplicate medals The Secretary may strike and sell duplicates in bronze of the gold medal struck under section 3, at a price sufficient to cover the costs of the medals, including labor, materials, dies, use of machinery, and overhead expenses. 5. Status of medals (a) National medals Medals struck pursuant to this Act are national medals for purposes of chapter 51 of title 31, United States Code. (b) Numismatic items For purposes of section 5134 of title 31, United States Code, all medals struck under this Act shall be considered to be numismatic items. 6. Authority to use fund amounts; proceeds of sale (a) Authority To use fund amounts There is authorized to be charged against the United States Mint Public Enterprise Fund such amounts as may be necessary to pay for the costs of the medals struck under this Act. (b) Proceeds of sale Amounts received from the sale of duplicate bronze medals authorized under section 4 shall be deposited into the United States Mint Public Enterprise Fund.
9,362
[ "Committee on House Administration", "Financial Services Committee" ]
118hr8048ih
118
hr
8,048
ih
To authorize the Secretary of Veterans Affairs to determine the eligibility or entitlement of a member or former member of the Armed Forces described in subsection (a) to a benefit under a law administered by the Secretary solely based on alternative sources of evidence when the military service records or medical treatment records of the member or former member are incomplete because of damage or loss of records after being in the possession of the Federal Government, and for other purposes.
[ { "text": "1. Short title \nThis Act may be cited as the Fred Hamilton Veterans’ Lost Records Act.", "id": "H523B91762383469787F693D27136ADE4", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Authority To determine eligibility and entitlement to veterans benefits using alternative sources of evidence when service records are incomplete because of damage or loss after being in possession of Federal Government \n(a) Authority To determine eligibility and entitlement to benefits using alternative sources of evidence \nThe Secretary of Veterans Affairs may determine the eligibility or entitlement of a member or former member of the Armed Forces to a benefit under a law administered by the Secretary solely based on alternative sources of evidence in a case in which the military service records or medical treatment records of the member or former member are incomplete because of damage or loss of records after being in the possession of the Federal Government. (b) Regulations \nNot later than one year after the date of the enactment of this Act, the Secretary of Veterans Affairs, in consultation with the Secretary of Defense and the Archivist of the United States, shall promulgate regulations regarding the use by the Secretary of Veterans Affairs of alternative sources of evidence under subsection (a). (c) Effective dates of awards \nIn the case of a claim of a member or former member of the Armed Forces with military service records or medical treatment records described in subsection (a), paragraph (2) of section 5110(a) of title 38, United States Code, shall apply except for any limitation based on the date of a request, supplemental claim, or notice described in such paragraph. (d) Alternative source of evidence defined \nIn this section, the term alternative sources of evidence means— (1) in the case of a former member of the Armed Forces, a medical disability examination occurring soonest after the former member's date of discharge or release from service in the active military, naval, air, or space service; (2) in the case of a claim regarding a disability incurred or aggravated during service in the active military, naval, air, or space service, the assertion of former member of the Armed Forces regarding the circumstances surrounding its incurrence or aggravation; (3) a credible buddy statement; or (4) such other sources of evidence or processes as the Secretary of Veterans Affairs deems appropriate for purposes of determining eligibility or entitlement under subsection (a).", "id": "H762EFB6FDAD74791835013B61A55AB19", "header": "Authority To determine eligibility and entitlement to veterans benefits using alternative sources of evidence when service records are incomplete because of damage or loss after being in possession of Federal Government", "nested": [ { "text": "(a) Authority To determine eligibility and entitlement to benefits using alternative sources of evidence \nThe Secretary of Veterans Affairs may determine the eligibility or entitlement of a member or former member of the Armed Forces to a benefit under a law administered by the Secretary solely based on alternative sources of evidence in a case in which the military service records or medical treatment records of the member or former member are incomplete because of damage or loss of records after being in the possession of the Federal Government.", "id": "H994AFD22564C49B2A4A1484BA7ADCC11", "header": "Authority To determine eligibility and entitlement to benefits using alternative sources of evidence", "nested": [], "links": [] }, { "text": "(b) Regulations \nNot later than one year after the date of the enactment of this Act, the Secretary of Veterans Affairs, in consultation with the Secretary of Defense and the Archivist of the United States, shall promulgate regulations regarding the use by the Secretary of Veterans Affairs of alternative sources of evidence under subsection (a).", "id": "H43AF91FA9B1C41E7AA73582773A480C7", "header": "Regulations", "nested": [], "links": [] }, { "text": "(c) Effective dates of awards \nIn the case of a claim of a member or former member of the Armed Forces with military service records or medical treatment records described in subsection (a), paragraph (2) of section 5110(a) of title 38, United States Code, shall apply except for any limitation based on the date of a request, supplemental claim, or notice described in such paragraph.", "id": "H8FC456AAFF854663B547656A5BD61747", "header": "Effective dates of awards", "nested": [], "links": [] }, { "text": "(d) Alternative source of evidence defined \nIn this section, the term alternative sources of evidence means— (1) in the case of a former member of the Armed Forces, a medical disability examination occurring soonest after the former member's date of discharge or release from service in the active military, naval, air, or space service; (2) in the case of a claim regarding a disability incurred or aggravated during service in the active military, naval, air, or space service, the assertion of former member of the Armed Forces regarding the circumstances surrounding its incurrence or aggravation; (3) a credible buddy statement; or (4) such other sources of evidence or processes as the Secretary of Veterans Affairs deems appropriate for purposes of determining eligibility or entitlement under subsection (a).", "id": "HF163B22FDF2540879CDFF731B9E3BD74", "header": "Alternative source of evidence defined", "nested": [], "links": [] } ], "links": [] } ]
2
1. Short title This Act may be cited as the Fred Hamilton Veterans’ Lost Records Act. 2. Authority To determine eligibility and entitlement to veterans benefits using alternative sources of evidence when service records are incomplete because of damage or loss after being in possession of Federal Government (a) Authority To determine eligibility and entitlement to benefits using alternative sources of evidence The Secretary of Veterans Affairs may determine the eligibility or entitlement of a member or former member of the Armed Forces to a benefit under a law administered by the Secretary solely based on alternative sources of evidence in a case in which the military service records or medical treatment records of the member or former member are incomplete because of damage or loss of records after being in the possession of the Federal Government. (b) Regulations Not later than one year after the date of the enactment of this Act, the Secretary of Veterans Affairs, in consultation with the Secretary of Defense and the Archivist of the United States, shall promulgate regulations regarding the use by the Secretary of Veterans Affairs of alternative sources of evidence under subsection (a). (c) Effective dates of awards In the case of a claim of a member or former member of the Armed Forces with military service records or medical treatment records described in subsection (a), paragraph (2) of section 5110(a) of title 38, United States Code, shall apply except for any limitation based on the date of a request, supplemental claim, or notice described in such paragraph. (d) Alternative source of evidence defined In this section, the term alternative sources of evidence means— (1) in the case of a former member of the Armed Forces, a medical disability examination occurring soonest after the former member's date of discharge or release from service in the active military, naval, air, or space service; (2) in the case of a claim regarding a disability incurred or aggravated during service in the active military, naval, air, or space service, the assertion of former member of the Armed Forces regarding the circumstances surrounding its incurrence or aggravation; (3) a credible buddy statement; or (4) such other sources of evidence or processes as the Secretary of Veterans Affairs deems appropriate for purposes of determining eligibility or entitlement under subsection (a).
2,415
[ "Veterans' Affairs Committee" ]
118hr918ih
118
hr
918
ih
To amend title 38, United States Code, to authorize the interment of military working dogs in any open national cemetery under the control of the National Cemetery Administration, and for other purposes.
[ { "text": "1. Short title \nThis Act may be cited as the Sgt. Fieldy Act.", "id": "H58C64150922640C0B2D180DBB4836F80", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Interment of military working dogs in national cemeteries \n(a) Interment of military working dogs \nSection 2402 of title 38, United States Code, is amended by adding at the end the following new subsection: (c) (1) In addition to the persons specified in subsection (a), under such regulations as the Secretary may prescribe, the remains of any covered dog may be interred in any open national cemetery under the control of the National Cemetery Administration. (2) In this subsection, the term covered dog means a deceased dog that, at any time before death, was a military working dog, as described in section 2583(i) of title 10.. (b) Applicability \nThe amendments made by subsection (a) shall apply with respect to deaths occurring on or after the day that is one year before the date of the enactment of this Act.", "id": "H5278C59162BC480A801F80B48E144B95", "header": "Interment of military working dogs in national cemeteries", "nested": [ { "text": "(a) Interment of military working dogs \nSection 2402 of title 38, United States Code, is amended by adding at the end the following new subsection: (c) (1) In addition to the persons specified in subsection (a), under such regulations as the Secretary may prescribe, the remains of any covered dog may be interred in any open national cemetery under the control of the National Cemetery Administration. (2) In this subsection, the term covered dog means a deceased dog that, at any time before death, was a military working dog, as described in section 2583(i) of title 10..", "id": "H013DC23F39604F99BE4B78B151D31463", "header": "Interment of military working dogs", "nested": [], "links": [] }, { "text": "(b) Applicability \nThe amendments made by subsection (a) shall apply with respect to deaths occurring on or after the day that is one year before the date of the enactment of this Act.", "id": "H00D189CA78EB4591A4BC56DA7D1A3DCD", "header": "Applicability", "nested": [], "links": [] } ], "links": [] } ]
2
1. Short title This Act may be cited as the Sgt. Fieldy Act. 2. Interment of military working dogs in national cemeteries (a) Interment of military working dogs Section 2402 of title 38, United States Code, is amended by adding at the end the following new subsection: (c) (1) In addition to the persons specified in subsection (a), under such regulations as the Secretary may prescribe, the remains of any covered dog may be interred in any open national cemetery under the control of the National Cemetery Administration. (2) In this subsection, the term covered dog means a deceased dog that, at any time before death, was a military working dog, as described in section 2583(i) of title 10.. (b) Applicability The amendments made by subsection (a) shall apply with respect to deaths occurring on or after the day that is one year before the date of the enactment of this Act.
883
[ "Veterans' Affairs Committee" ]
118hr4777ih
118
hr
4,777
ih
To require regulation of wastes associated with the exploration, development, or production of crude oil, natural gas, or geothermal energy under the Solid Waste Disposal Act, and for other purposes.
[ { "text": "1. Short title \nThis Act may be cited as the CLEANER Act of 2023 or the Closing Loopholes and Ending Arbitrary and Needless Evasion of Regulations Act of 2023.", "id": "HE20E0AAFB3134662A3E543ECE2BC236E", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Regulation of wastes associated with the exploration, development, or production of crude oil, natural gas, or geothermal energy under the Solid Waste Disposal Act \n(a) Identification or listing, and regulation under subtitle C \nParagraph (2) of section 3001(b) of the Solid Waste Disposal Act ( 42 U.S.C. 6921(b) ) is amended to read as follows: (2) Not later than 1 year after the date of enactment of the CLEANER Act of 2023 , the Administrator shall— (A) determine whether drilling fluids, produced waters, and other wastes associated with the exploration, development, or production of crude oil, natural gas, or geothermal energy meet the criteria promulgated under this section for the identification or listing of hazardous waste; (B) identify or list as hazardous waste any drilling fluids, produced waters, or other wastes associated with the exploration, development, or production of crude oil, natural gas, or geothermal energy that the Administrator determines, pursuant to subparagraph (A), meet the criteria promulgated under this section for the identification or listing of hazardous waste; and (C) promulgate regulations under sections 3002, 3003, and 3004 for wastes identified or listed as hazardous waste pursuant to subparagraph (B), except that the Administrator is authorized to modify the requirements of such sections to take into account the special characteristics of such wastes so long as such modified requirements protect human health and the environment.. (b) Regulation under subtitle D \nSection 4010(c) of the Solid Waste Disposal Act ( 42 U.S.C. 6949a(c) ) is amended by adding at the end the following new paragraph: (7) Drilling fluids, produced waters, and other wastes associated with the exploration, development, or production of crude oil, natural gas, or geothermal energy \nNot later than 1 year after the date of enactment of the CLEANER Act of 2023 , the Administrator shall promulgate revisions of the criteria promulgated under section 4004(a) and under section 1008(a)(3) for facilities that may receive drilling fluids, produced waters, or other wastes associated with the exploration, development, or production of crude oil, natural gas, or geothermal energy, that are not identified or listed as hazardous waste pursuant to section 3001(b)(2). The criteria shall be those necessary to protect human health and the environment and may take into account the practicable capability of such facilities. At a minimum such revisions for facilities potentially receiving such wastes should require ground water monitoring as necessary to detect contamination, establish criteria for the acceptable location of new or existing facilities, and provide for corrective action and financial assurance as appropriate..", "id": "HAEE24F9064CB433CB821B17C2153CFEF", "header": "Regulation of wastes associated with the exploration, development, or production of crude oil, natural gas, or geothermal energy under the Solid Waste Disposal Act", "nested": [ { "text": "(a) Identification or listing, and regulation under subtitle C \nParagraph (2) of section 3001(b) of the Solid Waste Disposal Act ( 42 U.S.C. 6921(b) ) is amended to read as follows: (2) Not later than 1 year after the date of enactment of the CLEANER Act of 2023 , the Administrator shall— (A) determine whether drilling fluids, produced waters, and other wastes associated with the exploration, development, or production of crude oil, natural gas, or geothermal energy meet the criteria promulgated under this section for the identification or listing of hazardous waste; (B) identify or list as hazardous waste any drilling fluids, produced waters, or other wastes associated with the exploration, development, or production of crude oil, natural gas, or geothermal energy that the Administrator determines, pursuant to subparagraph (A), meet the criteria promulgated under this section for the identification or listing of hazardous waste; and (C) promulgate regulations under sections 3002, 3003, and 3004 for wastes identified or listed as hazardous waste pursuant to subparagraph (B), except that the Administrator is authorized to modify the requirements of such sections to take into account the special characteristics of such wastes so long as such modified requirements protect human health and the environment..", "id": "H82CB700F2099408394B856912750FD91", "header": "Identification or listing, and regulation under subtitle C", "nested": [], "links": [ { "text": "42 U.S.C. 6921(b)", "legal-doc": "usc", "parsable-cite": "usc/42/6921" } ] }, { "text": "(b) Regulation under subtitle D \nSection 4010(c) of the Solid Waste Disposal Act ( 42 U.S.C. 6949a(c) ) is amended by adding at the end the following new paragraph: (7) Drilling fluids, produced waters, and other wastes associated with the exploration, development, or production of crude oil, natural gas, or geothermal energy \nNot later than 1 year after the date of enactment of the CLEANER Act of 2023 , the Administrator shall promulgate revisions of the criteria promulgated under section 4004(a) and under section 1008(a)(3) for facilities that may receive drilling fluids, produced waters, or other wastes associated with the exploration, development, or production of crude oil, natural gas, or geothermal energy, that are not identified or listed as hazardous waste pursuant to section 3001(b)(2). The criteria shall be those necessary to protect human health and the environment and may take into account the practicable capability of such facilities. At a minimum such revisions for facilities potentially receiving such wastes should require ground water monitoring as necessary to detect contamination, establish criteria for the acceptable location of new or existing facilities, and provide for corrective action and financial assurance as appropriate..", "id": "H289A9911E49E48F390F9A4780364B7EF", "header": "Regulation under subtitle D", "nested": [], "links": [ { "text": "42 U.S.C. 6949a(c)", "legal-doc": "usc", "parsable-cite": "usc/42/6949a" } ] } ], "links": [ { "text": "42 U.S.C. 6921(b)", "legal-doc": "usc", "parsable-cite": "usc/42/6921" }, { "text": "42 U.S.C. 6949a(c)", "legal-doc": "usc", "parsable-cite": "usc/42/6949a" } ] } ]
2
1. Short title This Act may be cited as the CLEANER Act of 2023 or the Closing Loopholes and Ending Arbitrary and Needless Evasion of Regulations Act of 2023. 2. Regulation of wastes associated with the exploration, development, or production of crude oil, natural gas, or geothermal energy under the Solid Waste Disposal Act (a) Identification or listing, and regulation under subtitle C Paragraph (2) of section 3001(b) of the Solid Waste Disposal Act ( 42 U.S.C. 6921(b) ) is amended to read as follows: (2) Not later than 1 year after the date of enactment of the CLEANER Act of 2023 , the Administrator shall— (A) determine whether drilling fluids, produced waters, and other wastes associated with the exploration, development, or production of crude oil, natural gas, or geothermal energy meet the criteria promulgated under this section for the identification or listing of hazardous waste; (B) identify or list as hazardous waste any drilling fluids, produced waters, or other wastes associated with the exploration, development, or production of crude oil, natural gas, or geothermal energy that the Administrator determines, pursuant to subparagraph (A), meet the criteria promulgated under this section for the identification or listing of hazardous waste; and (C) promulgate regulations under sections 3002, 3003, and 3004 for wastes identified or listed as hazardous waste pursuant to subparagraph (B), except that the Administrator is authorized to modify the requirements of such sections to take into account the special characteristics of such wastes so long as such modified requirements protect human health and the environment.. (b) Regulation under subtitle D Section 4010(c) of the Solid Waste Disposal Act ( 42 U.S.C. 6949a(c) ) is amended by adding at the end the following new paragraph: (7) Drilling fluids, produced waters, and other wastes associated with the exploration, development, or production of crude oil, natural gas, or geothermal energy Not later than 1 year after the date of enactment of the CLEANER Act of 2023 , the Administrator shall promulgate revisions of the criteria promulgated under section 4004(a) and under section 1008(a)(3) for facilities that may receive drilling fluids, produced waters, or other wastes associated with the exploration, development, or production of crude oil, natural gas, or geothermal energy, that are not identified or listed as hazardous waste pursuant to section 3001(b)(2). The criteria shall be those necessary to protect human health and the environment and may take into account the practicable capability of such facilities. At a minimum such revisions for facilities potentially receiving such wastes should require ground water monitoring as necessary to detect contamination, establish criteria for the acceptable location of new or existing facilities, and provide for corrective action and financial assurance as appropriate..
2,922
[ "Energy and Commerce Committee" ]
118hr1933ih
118
hr
1,933
ih
To provide for a limitation on availability of funds for Department of Labor, Pension Benefit Guaranty Corporation, Salaries and Expenses for fiscal year 2024.
[ { "text": "1. Limitation on availability of funds for Department of Labor, Pension Benefit Guaranty Corporation, Salaries and Expenses for fiscal year 2024 \nNotwithstanding any other provision of the law, amounts authorized to be appropriated or otherwise available for Department of Labor, Pension Benefit Guaranty Corporation, Salaries and Expenses for fiscal year 2024 may not exceed $0.", "id": "H08DE274CF876491392F3EB75BFB949CF", "header": "Limitation on availability of funds for Department of Labor, Pension Benefit Guaranty Corporation, Salaries and Expenses for fiscal year 2024", "nested": [], "links": [] } ]
1
1. Limitation on availability of funds for Department of Labor, Pension Benefit Guaranty Corporation, Salaries and Expenses for fiscal year 2024 Notwithstanding any other provision of the law, amounts authorized to be appropriated or otherwise available for Department of Labor, Pension Benefit Guaranty Corporation, Salaries and Expenses for fiscal year 2024 may not exceed $0.
379
[ "Education and the Workforce Committee" ]
118hr5694ih
118
hr
5,694
ih
Making appropriations for the salaries and expenses of certain U.S. Customs and Border Protection employees working during a Government shutdown in fiscal year 2024, and for other purposes.
[ { "text": "1. Short title \nThis Act may be cited as the Pay Our Border Patrol and Customs Agents Act.", "id": "H14BE65EF467C4F05B66D535B2D43BB1E", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Payment of salaries of certain CBP employees working during a Government shutdown \nThere are appropriated for fiscal year 2024, out of any money in the Treasury not otherwise appropriated, such sums as are necessary to pay, during any period of a lapse in discretionary appropriations during such fiscal year beginning on or after the date of the enactment of this section, the salaries and expenses of any Agents of the U.S. Border Patrol and officers of the Office of Field Operations within U.S. Customs and Border Protection excepted from furlough during such lapse.", "id": "H03364D6302824D0C9975A48D8DBE615C", "header": "Payment of salaries of certain CBP employees working during a Government shutdown", "nested": [], "links": [] } ]
2
1. Short title This Act may be cited as the Pay Our Border Patrol and Customs Agents Act. 2. Payment of salaries of certain CBP employees working during a Government shutdown There are appropriated for fiscal year 2024, out of any money in the Treasury not otherwise appropriated, such sums as are necessary to pay, during any period of a lapse in discretionary appropriations during such fiscal year beginning on or after the date of the enactment of this section, the salaries and expenses of any Agents of the U.S. Border Patrol and officers of the Office of Field Operations within U.S. Customs and Border Protection excepted from furlough during such lapse.
664
[ "Appropriations Committee" ]
118hr412ih
118
hr
412
ih
To designate the facility of the United States Postal Service located at 620 East Pecan Boulevard in McAllen, Texas, as the Agent Raul H. Gonzalez Jr. Memorial Post Office.
[ { "text": "1. Agent Raul H. Gonzalez Jr. Memorial Post Office \n(a) Designation \nThe facility of the United States Postal Service located at 620 East Pecan Boulevard in McAllen, Texas, shall be known and designated as the Agent Raul H. Gonzalez Jr. Memorial Post Office. (b) References \nAny reference in a law, map, regulation, document, paper, or other record of the United States to the facility referred to in subsection (a) shall be deemed to be a reference to the Agent Raul H. Gonzalez Jr. Memorial Post Office.", "id": "H93094AACBB0E46A48C99A764DFDD359A", "header": "Agent Raul H. Gonzalez Jr. Memorial Post Office", "nested": [ { "text": "(a) Designation \nThe facility of the United States Postal Service located at 620 East Pecan Boulevard in McAllen, Texas, shall be known and designated as the Agent Raul H. Gonzalez Jr. Memorial Post Office.", "id": "H1CD9A7966AA847A68EABA61A59C8AA2E", "header": "Designation", "nested": [], "links": [] }, { "text": "(b) References \nAny reference in a law, map, regulation, document, paper, or other record of the United States to the facility referred to in subsection (a) shall be deemed to be a reference to the Agent Raul H. Gonzalez Jr. Memorial Post Office.", "id": "H225BF4500A1043FAB668BB16CD874A5E", "header": "References", "nested": [], "links": [] } ], "links": [] } ]
1
1. Agent Raul H. Gonzalez Jr. Memorial Post Office (a) Designation The facility of the United States Postal Service located at 620 East Pecan Boulevard in McAllen, Texas, shall be known and designated as the Agent Raul H. Gonzalez Jr. Memorial Post Office. (b) References Any reference in a law, map, regulation, document, paper, or other record of the United States to the facility referred to in subsection (a) shall be deemed to be a reference to the Agent Raul H. Gonzalez Jr. Memorial Post Office.
505
[ "Oversight and Accountability Committee" ]
118hr5552ih
118
hr
5,552
ih
To allow mandatory nighttime curfews at certain airports, and for other purposes.
[ { "text": "1. Short title \nThis Act may be cited as the Valley-Wide Noise Relief Act of 2023.", "id": "H71EDAFA4F48448EE880A18EF5F6F16FF", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Mandatory nighttime curfews \n(a) In general \nNotwithstanding any other provision of law, including any written assurances under section 47107 of title 49, United States Code, an airport sponsor may not be prohibited from, or interfered with, implementing a total or partial mandatory nighttime curfew for an airport of the sponsor that is described in subsection (b). (b) Covered airports \nAn airport described in this section is an airport that— (1) had a voluntary curfew in effect for certain aircraft on November 5, 1990; and (2) was created by an intergovernmental agreement established pursuant to a State statute enacted before November 5, 1990, that, along with the statute, imposes obligations with respect to noise mitigation. (c) Notice requirements \n(1) In general \nAt least 90 days before implementing a curfew under subsection (a), an airport sponsor shall provide to airport users and other interested parties reasonable notice of— (A) the terms of the curfew; and (B) the penalties for violating the curfew. (2) Reasonable notice \nAn airport sponsor shall be treated as satisfying the requirement of providing reasonable notice under paragraph (1) if the sponsor— (A) includes the terms of the curfew and penalties for violating the curfew on the internet website of the sponsor for the applicable airport; and (B) provides the terms of the curfew and penalties for violating the curfew to tenants of the sponsor who operate aircraft at the airport, either at their leasehold or the address provided to the airport sponsor for the receipt of notices under their lease. (d) Definitions \nIn this section, the following definitions apply: (1) Total mandatory nighttime curfew \nThe term total mandatory nighttime curfew means a prohibition on all aircraft operations at an airport each night during the 9-hour period beginning at 10 p.m. (2) Partial mandatory nighttime curfew \nThe term partial mandatory nighttime curfew means a prohibition on certain aircraft operations at an airport each night for not longer than the 9-hour period beginning at 10 p.m.", "id": "H9E22C6399BF84870ABE88DC8E831D47A", "header": "Mandatory nighttime curfews", "nested": [ { "text": "(a) In general \nNotwithstanding any other provision of law, including any written assurances under section 47107 of title 49, United States Code, an airport sponsor may not be prohibited from, or interfered with, implementing a total or partial mandatory nighttime curfew for an airport of the sponsor that is described in subsection (b).", "id": "HDA6861F82A1A4CFFBEA82CF416B32BDF", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Covered airports \nAn airport described in this section is an airport that— (1) had a voluntary curfew in effect for certain aircraft on November 5, 1990; and (2) was created by an intergovernmental agreement established pursuant to a State statute enacted before November 5, 1990, that, along with the statute, imposes obligations with respect to noise mitigation.", "id": "H6A99BD3EBB484678ADF4E8272ADF335A", "header": "Covered airports", "nested": [], "links": [] }, { "text": "(c) Notice requirements \n(1) In general \nAt least 90 days before implementing a curfew under subsection (a), an airport sponsor shall provide to airport users and other interested parties reasonable notice of— (A) the terms of the curfew; and (B) the penalties for violating the curfew. (2) Reasonable notice \nAn airport sponsor shall be treated as satisfying the requirement of providing reasonable notice under paragraph (1) if the sponsor— (A) includes the terms of the curfew and penalties for violating the curfew on the internet website of the sponsor for the applicable airport; and (B) provides the terms of the curfew and penalties for violating the curfew to tenants of the sponsor who operate aircraft at the airport, either at their leasehold or the address provided to the airport sponsor for the receipt of notices under their lease.", "id": "H2FFFB5AB848F489AA2327BCB0A29C519", "header": "Notice requirements", "nested": [], "links": [] }, { "text": "(d) Definitions \nIn this section, the following definitions apply: (1) Total mandatory nighttime curfew \nThe term total mandatory nighttime curfew means a prohibition on all aircraft operations at an airport each night during the 9-hour period beginning at 10 p.m. (2) Partial mandatory nighttime curfew \nThe term partial mandatory nighttime curfew means a prohibition on certain aircraft operations at an airport each night for not longer than the 9-hour period beginning at 10 p.m.", "id": "H26A6E695C1094F299FE8B82512F60186", "header": "Definitions", "nested": [], "links": [] } ], "links": [] } ]
2
1. Short title This Act may be cited as the Valley-Wide Noise Relief Act of 2023. 2. Mandatory nighttime curfews (a) In general Notwithstanding any other provision of law, including any written assurances under section 47107 of title 49, United States Code, an airport sponsor may not be prohibited from, or interfered with, implementing a total or partial mandatory nighttime curfew for an airport of the sponsor that is described in subsection (b). (b) Covered airports An airport described in this section is an airport that— (1) had a voluntary curfew in effect for certain aircraft on November 5, 1990; and (2) was created by an intergovernmental agreement established pursuant to a State statute enacted before November 5, 1990, that, along with the statute, imposes obligations with respect to noise mitigation. (c) Notice requirements (1) In general At least 90 days before implementing a curfew under subsection (a), an airport sponsor shall provide to airport users and other interested parties reasonable notice of— (A) the terms of the curfew; and (B) the penalties for violating the curfew. (2) Reasonable notice An airport sponsor shall be treated as satisfying the requirement of providing reasonable notice under paragraph (1) if the sponsor— (A) includes the terms of the curfew and penalties for violating the curfew on the internet website of the sponsor for the applicable airport; and (B) provides the terms of the curfew and penalties for violating the curfew to tenants of the sponsor who operate aircraft at the airport, either at their leasehold or the address provided to the airport sponsor for the receipt of notices under their lease. (d) Definitions In this section, the following definitions apply: (1) Total mandatory nighttime curfew The term total mandatory nighttime curfew means a prohibition on all aircraft operations at an airport each night during the 9-hour period beginning at 10 p.m. (2) Partial mandatory nighttime curfew The term partial mandatory nighttime curfew means a prohibition on certain aircraft operations at an airport each night for not longer than the 9-hour period beginning at 10 p.m.
2,154
[ "Transportation and Infrastructure Committee" ]
118hr1375ih
118
hr
1,375
ih
To allow the Secretary of Health and Human Services to deny approval of a new drug application for an opioid analgesic drug on the basis of such drug not being clinically superior to other commercially available drugs.
[ { "text": "1. Short title \nThis Act may be cited as the Ensuring the FDA Fully Examines Clinical Trial Impact and Vitalness before Endorsement Act or the EFFECTIVE Act.", "id": "H25ED8736217D4365B1AFDD42F492EC82", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Requirement for approval of new opioid analgesics \nSection 505(c) of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 355(c) ) is amended by adding at the end the following: (6) Notwithstanding any other provision of this section, the Secretary may deny approval of an application submitted under subsection (b) for an opioid analgesic drug if the Secretary determines that such drug does not provide a significant advantage, in terms of greater safety or effectiveness, compared to an appropriate comparator drug, as determined by the Secretary..", "id": "HD5889162A83E49F2B8E93DA4EFD157D7", "header": "Requirement for approval of new opioid analgesics", "nested": [], "links": [ { "text": "21 U.S.C. 355(c)", "legal-doc": "usc", "parsable-cite": "usc/21/355" } ] } ]
2
1. Short title This Act may be cited as the Ensuring the FDA Fully Examines Clinical Trial Impact and Vitalness before Endorsement Act or the EFFECTIVE Act. 2. Requirement for approval of new opioid analgesics Section 505(c) of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 355(c) ) is amended by adding at the end the following: (6) Notwithstanding any other provision of this section, the Secretary may deny approval of an application submitted under subsection (b) for an opioid analgesic drug if the Secretary determines that such drug does not provide a significant advantage, in terms of greater safety or effectiveness, compared to an appropriate comparator drug, as determined by the Secretary..
712
[ "Energy and Commerce Committee" ]
118hr4073ih
118
hr
4,073
ih
To amend the Harmonized Tariff Schedule of the United States to provide a uniform 8-digit subheading number for all whiskies.
[ { "text": "1. Short title \nThis Act may be cited as the Duty Drawback Clarification Act.", "id": "H0A2188E20B104D7D94A0E2D095C36258", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Uniform duty treatment of whiskies \n(a) In general \nChapter 22 of the Harmonized Tariff Schedule of the United States is amended by striking subheading 2208.30 and inserting the following, with the article description for subheading 2208.30.00 having the same degree of indentation as the article description for subheading 2208.50.00: 2208.30.00 Whiskies Free $2.04/pf liter. (b) Instruction to United States International Trade Commission \nThe United States International Trade Commission shall add statistical suffixes to subheading 2208.30.00 of the Harmonized Tariff Schedule of the United States, as amended by subsection (a), as follows: 2208.30.0010 Irish or Scotch in containers each holding not over 4 liters 2208.30.0015 Irish or Scotch in containers each holding over 4 liters 2208.30.0020 Bourbon in containers each holding not over 4 liters 2208.30.0025 Bourbon in containers each holding over 4 liters 2208.30.0030 Rye in containers each holding not over 4 liters 2208.30.0035 Rye in containers each holding over 4 liters 2208.30.0040 Other in containers each holding not over 4 liters 2208.30.0045 Other in containers each holding over 4 liters. (c) Effective date \nThe amendments made by this section shall apply with respect to articles entered, or withdrawn from warehouse for consumption, on or after the date that is 15 days after the date of the enactment of this Act.", "id": "HF31218FABD0A4E8B9F84118CA8F14279", "header": "Uniform duty treatment of whiskies", "nested": [ { "text": "(a) In general \nChapter 22 of the Harmonized Tariff Schedule of the United States is amended by striking subheading 2208.30 and inserting the following, with the article description for subheading 2208.30.00 having the same degree of indentation as the article description for subheading 2208.50.00: 2208.30.00 Whiskies Free $2.04/pf liter.", "id": "H73EDA2F239D14F85A74572396B8FBB08", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Instruction to United States International Trade Commission \nThe United States International Trade Commission shall add statistical suffixes to subheading 2208.30.00 of the Harmonized Tariff Schedule of the United States, as amended by subsection (a), as follows: 2208.30.0010 Irish or Scotch in containers each holding not over 4 liters 2208.30.0015 Irish or Scotch in containers each holding over 4 liters 2208.30.0020 Bourbon in containers each holding not over 4 liters 2208.30.0025 Bourbon in containers each holding over 4 liters 2208.30.0030 Rye in containers each holding not over 4 liters 2208.30.0035 Rye in containers each holding over 4 liters 2208.30.0040 Other in containers each holding not over 4 liters 2208.30.0045 Other in containers each holding over 4 liters.", "id": "H033CEAA1BDA54085AE80882121FD1ECF", "header": "Instruction to United States International Trade Commission", "nested": [], "links": [] }, { "text": "(c) Effective date \nThe amendments made by this section shall apply with respect to articles entered, or withdrawn from warehouse for consumption, on or after the date that is 15 days after the date of the enactment of this Act.", "id": "H90727AF63CF64FCFBFE6981C9D5F3CE3", "header": "Effective date", "nested": [], "links": [] } ], "links": [] } ]
2
1. Short title This Act may be cited as the Duty Drawback Clarification Act. 2. Uniform duty treatment of whiskies (a) In general Chapter 22 of the Harmonized Tariff Schedule of the United States is amended by striking subheading 2208.30 and inserting the following, with the article description for subheading 2208.30.00 having the same degree of indentation as the article description for subheading 2208.50.00: 2208.30.00 Whiskies Free $2.04/pf liter. (b) Instruction to United States International Trade Commission The United States International Trade Commission shall add statistical suffixes to subheading 2208.30.00 of the Harmonized Tariff Schedule of the United States, as amended by subsection (a), as follows: 2208.30.0010 Irish or Scotch in containers each holding not over 4 liters 2208.30.0015 Irish or Scotch in containers each holding over 4 liters 2208.30.0020 Bourbon in containers each holding not over 4 liters 2208.30.0025 Bourbon in containers each holding over 4 liters 2208.30.0030 Rye in containers each holding not over 4 liters 2208.30.0035 Rye in containers each holding over 4 liters 2208.30.0040 Other in containers each holding not over 4 liters 2208.30.0045 Other in containers each holding over 4 liters. (c) Effective date The amendments made by this section shall apply with respect to articles entered, or withdrawn from warehouse for consumption, on or after the date that is 15 days after the date of the enactment of this Act.
1,471
[ "Ways and Means Committee" ]
118hr7878ih
118
hr
7,878
ih
To amend section 8143b of title 5, United States Code, to include in the time as a firefighter employed by a State when that firefighter is later reclassified as a Federal employee, and for other purposes.
[ { "text": "1. Short title \nThis Act may be cited as the Ensuring Equity for Firefighters Act.", "id": "H177698EDCFCB429186E85D4134F5C24A", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Certain State service applicable for Federal Firefighters worker’s compensation \nSection 8143b(b) of title 5, United States Code, is amended by adding at the end the following new paragraph: (4) Reclassified firefighters \n(A) In general \nFor the purposes of determining the aggregate number of years an individual has been employed as an employee in fire protection activities under paragraph (1), all periods in which such individual is or was employed in a reclassified State position are deemed to be periods in which such individual was employed as an employee in fire protection activities if such individual is or was appointed to a position as an employee in fire protection activities established by the Federal Government to perform the duties and responsibilities performed for the Federal Government by a reclassified State position. (B) Definitions \nIn this paragraph: (i) Covered State employee position \nThe term covered State employee position means a position in which the individual holding such position is employed as a covered State employee. (ii) Employed as a covered State employee \nThe term employed as a covered State employee means an individual employed by a State or political subdivision thereof as a firefighter (including a wildland firefighter), paramedic, emergency medical technician, rescue worker, ambulance personnel, or hazardous material worker who— (I) is trained in fire suppression; (II) has the legal authority and responsibility to engage in fire suppression; (III) is engaged in the prevention, control, or extinguishment of fires or response to emergency situations in which life, property, or the environment is at risk, including the prevention, control, suppression, or management of wildland fires; and (IV) performs the activities described in subclause (III) as a primary responsibility of the job of the employee. (iii) Reclassified State position \nThe term reclassified State position means a covered State employee position for which the Federal Government establishes or established a position as an employee in fire protection activities to perform the duties and responsibilities performed for the Federal Government by such covered State employee position..", "id": "H891E91F5CFAF4BB385A204354A3C9634", "header": "Certain State service applicable for Federal Firefighters worker’s compensation", "nested": [], "links": [] } ]
2
1. Short title This Act may be cited as the Ensuring Equity for Firefighters Act. 2. Certain State service applicable for Federal Firefighters worker’s compensation Section 8143b(b) of title 5, United States Code, is amended by adding at the end the following new paragraph: (4) Reclassified firefighters (A) In general For the purposes of determining the aggregate number of years an individual has been employed as an employee in fire protection activities under paragraph (1), all periods in which such individual is or was employed in a reclassified State position are deemed to be periods in which such individual was employed as an employee in fire protection activities if such individual is or was appointed to a position as an employee in fire protection activities established by the Federal Government to perform the duties and responsibilities performed for the Federal Government by a reclassified State position. (B) Definitions In this paragraph: (i) Covered State employee position The term covered State employee position means a position in which the individual holding such position is employed as a covered State employee. (ii) Employed as a covered State employee The term employed as a covered State employee means an individual employed by a State or political subdivision thereof as a firefighter (including a wildland firefighter), paramedic, emergency medical technician, rescue worker, ambulance personnel, or hazardous material worker who— (I) is trained in fire suppression; (II) has the legal authority and responsibility to engage in fire suppression; (III) is engaged in the prevention, control, or extinguishment of fires or response to emergency situations in which life, property, or the environment is at risk, including the prevention, control, suppression, or management of wildland fires; and (IV) performs the activities described in subclause (III) as a primary responsibility of the job of the employee. (iii) Reclassified State position The term reclassified State position means a covered State employee position for which the Federal Government establishes or established a position as an employee in fire protection activities to perform the duties and responsibilities performed for the Federal Government by such covered State employee position..
2,302
[ "Education and the Workforce Committee" ]
118hr1925ih
118
hr
1,925
ih
To provide for a limitation on availability of funds for Department of Labor, Employment and Training Administration, Youth Build for fiscal year 2024.
[ { "text": "1. Limitation on availability of funds for Department of Labor, Employment and Training Administration, Youth Build for fiscal year 2024 \nNotwithstanding any other provision of the law, amounts authorized to be appropriated or otherwise available for Department of Labor, Employment and Training Administration, Youth Build for fiscal year 2024 may not exceed $89,534,000.", "id": "HA15E12D995164C3FB807CE702783B449", "header": "Limitation on availability of funds for Department of Labor, Employment and Training Administration, Youth Build for fiscal year 2024", "nested": [], "links": [] } ]
1
1. Limitation on availability of funds for Department of Labor, Employment and Training Administration, Youth Build for fiscal year 2024 Notwithstanding any other provision of the law, amounts authorized to be appropriated or otherwise available for Department of Labor, Employment and Training Administration, Youth Build for fiscal year 2024 may not exceed $89,534,000.
372
[ "Education and the Workforce Committee" ]
118hr7919ih
118
hr
7,919
ih
To amend title 38, United States Code, to provide for certain revisions to the manual of the Veterans Benefits Administration and to improve the quality of the adjudication of claims for benefits under the laws administered by the Secretary of Veterans Affairs, and for other purposes.
[ { "text": "1. Short title \nThis Act may be cited as the Veterans Claims Quality Improvement Act of 2024.", "id": "H725BE16C266740DDB7777B67FC4A84AE", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Review of certain revisions to manuals of Veterans Benefits Administration required; training program for certain employees of Department of Veterans Affairs \n(a) In general \nSection 311 of title 38, United States Code, is amended— (1) by striking There is in the Department and inserting (a) In general.— There is in the Department ; and (2) by adding at the end the following new subsections: (b) Review of revisions to certain manuals \nWith respect to any revisions to the manuals of the Veterans Benefits Administration for the adjudication of a claim for benefits under the laws administered by the Secretary that would have a material effect on such adjudication, the General Counsel shall review such revision. (c) Program for training \nThe General Counsel shall develop and carry out a program to provide employees of the Veterans Benefits Administration who are responsible for drafting rules, guidance, or other issuances of the Veterans Benefits Administration training on such rules, guidance, or other issuances that— (1) would have a material effect on the adjudication of a claim for benefits under the laws administered by the Secretary; or (2) require review by the General Counsel.. (b) Study and report on certain OGC opinions \n(1) Study \nNot later than one year after the date of the enactment of this Act, the Secretary of Veterans Affairs, in consultation with the General Counsel of the Department of Veterans Affairs and the Chairman of the Board of Veterans’ Appeals, shall complete a study to identify issues about which an opinion from the General Counsel of the Department would foster consistency in the decisions of the Secretary with respect to claims for benefits under the laws administered by the Secretary. (2) Report \nNot later than one year after the date of the enactment of this Act, the Secretary of Veterans Affairs shall submit to the Committees on Veterans’ Affairs of the House of Representatives a report that contains the findings of the study required by paragraph (1).", "id": "H95F53639F7CF47CC86D2469B8DEE7801", "header": "Review of certain revisions to manuals of Veterans Benefits Administration required; training program for certain employees of Department of Veterans Affairs", "nested": [ { "text": "(a) In general \nSection 311 of title 38, United States Code, is amended— (1) by striking There is in the Department and inserting (a) In general.— There is in the Department ; and (2) by adding at the end the following new subsections: (b) Review of revisions to certain manuals \nWith respect to any revisions to the manuals of the Veterans Benefits Administration for the adjudication of a claim for benefits under the laws administered by the Secretary that would have a material effect on such adjudication, the General Counsel shall review such revision. (c) Program for training \nThe General Counsel shall develop and carry out a program to provide employees of the Veterans Benefits Administration who are responsible for drafting rules, guidance, or other issuances of the Veterans Benefits Administration training on such rules, guidance, or other issuances that— (1) would have a material effect on the adjudication of a claim for benefits under the laws administered by the Secretary; or (2) require review by the General Counsel..", "id": "H6C9E9E50FB1440C5A426EB6CBEF1DB9D", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Study and report on certain OGC opinions \n(1) Study \nNot later than one year after the date of the enactment of this Act, the Secretary of Veterans Affairs, in consultation with the General Counsel of the Department of Veterans Affairs and the Chairman of the Board of Veterans’ Appeals, shall complete a study to identify issues about which an opinion from the General Counsel of the Department would foster consistency in the decisions of the Secretary with respect to claims for benefits under the laws administered by the Secretary. (2) Report \nNot later than one year after the date of the enactment of this Act, the Secretary of Veterans Affairs shall submit to the Committees on Veterans’ Affairs of the House of Representatives a report that contains the findings of the study required by paragraph (1).", "id": "H18A3BFBE19684B6497212042DC0ED758", "header": "Study and report on certain OGC opinions", "nested": [], "links": [] } ], "links": [] }, { "text": "3. Improvements to system for adjudication of claims for benefits under laws administered by Secretary of Veterans Affairs \n(a) Program for quality assurance in decisions of Board of Veterans’ Appeals; performance reviews \n(1) In general \nSection 7101 of title 38, United States Code, is amended by adding at the end the following new subsection: (f) (1) The Chairman shall carry out a program to ensure quality in the decisions of the Board. Under such program, the Chairman shall— (A) develop policies and procedures for— (i) measuring quality in such decisions; (ii) maintaining data on— (I) errors in such decisions; and (II) errors in decisions remanded or returned to the Board by the Court of Appeals for Veterans Claims; and (iii) ensuring any such decision of the Board to remand a claim for a benefit under a law administered by the Secretary is necessary under any applicable law or regulation; (B) with respect to a claim for such a benefit that is remanded to the Board by the Court of Appeals for Veterans Claims— (i) inform any employee of the Board responsible for drafting the decision of the Board with respect to such claim that such decision was remanded; (ii) provide any such employee with a copy of the relevant order of the Court of Appeals for Veterans Claims (including a copy of any accompanying joint motion for remand); and (iii) provide incentives to such employees to review such relevant orders and joint motions for remand; and (C) ensure, to the maximum extent practicable, that any error identified by the Board under such program is corrected before the date on which the Board issues the final decision associated with such error. (2) The Secretary shall submit to the Committees on Veterans’ Affairs of the House of Representatives and the Senate an annual report on the program required by this subsection that includes, with respect to the period covered by the report, an identification of— (A) elements, if any of the process of the Board for reviewing an appeal under this chapter that lead to errors in decisions of the Board; and (B) the most common reasons that a claim for a benefit under a law administered by the Secretary was remanded to such Board by the Court of Appeals for Veterans Claims.. (2) Deadline \nThe Secretary shall submit the first report required by paragraph (2) of such section (as added by paragraph (1)) by not later than one year after the date of the enactment of this Act. (b) Training program for certain employees of Board of Veterans’ Appeals; performance reviews \n(1) Training program \n(A) In general \nChapter 71 of such title (as amended by subsection (a)) is further amended by inserting after section 7101A the following new section: 7101B. Training program for Members of Board on timely and correct adjudication of appeals \n(a) In general \nThe Secretary, in conjunction with the Chairman of the Board of Veterans’ Appeals, shall develop and carry out a program to provide Members of the Board training on timely and correct adjudication of appeals under this chapter. (b) Required considerations \nIn carrying out the program required by subsection (a), the Secretary shall consider the following: (1) Feedback, if any, from members of the Board and covered employees with respect to such program. (2) Data on errors in decisions of the Board maintained pursuant to the program for quality assurance required by subsection (f) of section 7101 of this title. (3) Any decision of the Court of Appeals for Veterans Claims to remand a claim for benefits under the laws administered by the Secretary to the Board for further action, including a joint motion to remand such claim. (c) Report \nThe Secretary shall submit to the Committees on Veterans’ Affairs of the House of Representatives and the Senate an annual report on the program required by subsection (a) that includes a statement of the topics of training provided pursuant to this section, disaggregated by— (1) mandatory training; and (2) non-mandatory training. (d) Covered employee defined \nIn this section, the term covered employee means an employee of the Board who is— (1) not a member of the Board; and (2) responsible for drafting decisions of the Board.. (B) Clerical amendment \nThe table of sections at the beginning of such chapter is amended by inserting after the item relating to section 7101A the following new item: 7101B. Training program for Members of Board on timely and correct adjudication of appeals.. (2) Performance reviews of Members of the Board \nSection 7101A of such title (as amended by paragraph (1)) is amended— (A) in subparagraph (B) of subsection (c)(1) by striking not less often than once every three years and inserting not less often than annually ; and (B) by adding at the end the following new subsection: (h) (1) With respect to any performance review of a covered employee, the Secretary may not consider the timeliness or quality of work of any Member of the Board. (2) In this section, the term covered employee has the meaning given such term in section 7101B of this title.. (c) Decisions of Board To remand \n(1) Information relating to decisions to remand \nSection 7104 of such title is amended in subsection (d)— (A) by redesignating paragraphs (1) through (3) as paragraphs (2) through (4), respsectively; and (B) by inserting before paragraph (2) (as so redesignated), the following new paragraph: (1) with respect to a claim that the Board remands for further action, a statement of the specific reasons such claim was remanded, including any failure on the part of the Secretary to comply with— (A) the Secretary’s duty to assist under section 5103A of this title; and (B) the Secretary’s duty to notify under section 5103 of this title.. (2) Notice of remanded decision for certain employees \nSuch section is further amended in— (A) subsection (e)— (i) by redesignating paragraphs (1) through (3) as subparagraphs (A) through (C), respectively; (ii) by striking After and inserting (1) After ; and (iii) by adding at the end the following new paragraph: (2) If, pursuant to a decision on an appeal, the Board remands a claim for a benefit under a law administered by the Secretary for further action, the Secretary shall, to the maximum extent practicable, issue a copy of such decision to each employee of the Veterans Benefits Administration who committed the error resulting in the decision of the Board to remand, when applicable. ; and (B) in subsection (f), by striking under subsection (e) and inserting under paragraph (1) of subsection (e). (d) Annual reports for Board of Veterans’ Appeals \n(1) In general \nChapter 71 of such title 38, United States Code, is amended by inserting after section 7113 the following new section: 7114. Annual reports on Board of Veterans’ Appeals \n(a) Report on reasons for remands \nThe Chairman of the Board shall submit to the Committees on Veterans’ Affairs of the House of Representatives and the Senate an annual report that includes, for each decision of the Board to remand a claim for a benefit under a law administered by the Secretary to the Secretary for further adjudication during the period covered by the report, a statement of the reasons for such decision of the Board, disaggregated by decisions on— (1) claims with a relevant decision dated on or after February 19, 2019; and (2) claims with a relevant decision dated before such date. (b) Report on unnecessary remands \nThe Secretary, in consultation with the Chairman of the Board and the head of the Office of Administrative Review of the Veterans Benefits Administration, shall submit to Congress an annual report that includes a statement of the number of decisions of the Board to remand a claim for a benefit under a law administered by the Secretary to the Secretary for further action that the Secretary determines were unnecessary during the period covered by the report.. (2) Deadlines \nThe Secretary shall submit the first reports required by subsections (a) and (b) of section 7114 of title 38, United States Code (as added by paragraph (1)) by not later than one year after the date of the enactment of this Act. (e) Plan for improvements to quality in decisions of Board \n(1) In general \nNot later than six months after the date of the enactment of this Act, the Secretary of Veterans Affairs, in consultation with the Chairman of the Board of Veterans’ Appeals and the head of the Office of Administrative Review of the Veterans Benefits Administration, shall develop a plan to— (A) improve the quality of decisions of the Board to remand, pursuant to section 7104 of title 38, United States Code, claims for a benefit under a law administered by the Secretary to the Secretary for further action; and (B) mitigate the number of such decisions that are unnecessary under any applicable law or regulation. (2) Report \nThe Secretary shall submit to the Committees on Veterans’ Affairs of the House of Representatives and the Senate a report on such plan by not later than six months after the date of the enactment of this Act.", "id": "HE9E3084FF01A4242959CAE0596B74B2B", "header": "Improvements to system for adjudication of claims for benefits under laws administered by Secretary of Veterans Affairs", "nested": [ { "text": "(a) Program for quality assurance in decisions of Board of Veterans’ Appeals; performance reviews \n(1) In general \nSection 7101 of title 38, United States Code, is amended by adding at the end the following new subsection: (f) (1) The Chairman shall carry out a program to ensure quality in the decisions of the Board. Under such program, the Chairman shall— (A) develop policies and procedures for— (i) measuring quality in such decisions; (ii) maintaining data on— (I) errors in such decisions; and (II) errors in decisions remanded or returned to the Board by the Court of Appeals for Veterans Claims; and (iii) ensuring any such decision of the Board to remand a claim for a benefit under a law administered by the Secretary is necessary under any applicable law or regulation; (B) with respect to a claim for such a benefit that is remanded to the Board by the Court of Appeals for Veterans Claims— (i) inform any employee of the Board responsible for drafting the decision of the Board with respect to such claim that such decision was remanded; (ii) provide any such employee with a copy of the relevant order of the Court of Appeals for Veterans Claims (including a copy of any accompanying joint motion for remand); and (iii) provide incentives to such employees to review such relevant orders and joint motions for remand; and (C) ensure, to the maximum extent practicable, that any error identified by the Board under such program is corrected before the date on which the Board issues the final decision associated with such error. (2) The Secretary shall submit to the Committees on Veterans’ Affairs of the House of Representatives and the Senate an annual report on the program required by this subsection that includes, with respect to the period covered by the report, an identification of— (A) elements, if any of the process of the Board for reviewing an appeal under this chapter that lead to errors in decisions of the Board; and (B) the most common reasons that a claim for a benefit under a law administered by the Secretary was remanded to such Board by the Court of Appeals for Veterans Claims.. (2) Deadline \nThe Secretary shall submit the first report required by paragraph (2) of such section (as added by paragraph (1)) by not later than one year after the date of the enactment of this Act.", "id": "HF6ED470E24F74431ADBDF3D08A6D5182", "header": "Program for quality assurance in decisions of Board of Veterans’ Appeals; performance reviews", "nested": [], "links": [] }, { "text": "(b) Training program for certain employees of Board of Veterans’ Appeals; performance reviews \n(1) Training program \n(A) In general \nChapter 71 of such title (as amended by subsection (a)) is further amended by inserting after section 7101A the following new section: 7101B. Training program for Members of Board on timely and correct adjudication of appeals \n(a) In general \nThe Secretary, in conjunction with the Chairman of the Board of Veterans’ Appeals, shall develop and carry out a program to provide Members of the Board training on timely and correct adjudication of appeals under this chapter. (b) Required considerations \nIn carrying out the program required by subsection (a), the Secretary shall consider the following: (1) Feedback, if any, from members of the Board and covered employees with respect to such program. (2) Data on errors in decisions of the Board maintained pursuant to the program for quality assurance required by subsection (f) of section 7101 of this title. (3) Any decision of the Court of Appeals for Veterans Claims to remand a claim for benefits under the laws administered by the Secretary to the Board for further action, including a joint motion to remand such claim. (c) Report \nThe Secretary shall submit to the Committees on Veterans’ Affairs of the House of Representatives and the Senate an annual report on the program required by subsection (a) that includes a statement of the topics of training provided pursuant to this section, disaggregated by— (1) mandatory training; and (2) non-mandatory training. (d) Covered employee defined \nIn this section, the term covered employee means an employee of the Board who is— (1) not a member of the Board; and (2) responsible for drafting decisions of the Board.. (B) Clerical amendment \nThe table of sections at the beginning of such chapter is amended by inserting after the item relating to section 7101A the following new item: 7101B. Training program for Members of Board on timely and correct adjudication of appeals.. (2) Performance reviews of Members of the Board \nSection 7101A of such title (as amended by paragraph (1)) is amended— (A) in subparagraph (B) of subsection (c)(1) by striking not less often than once every three years and inserting not less often than annually ; and (B) by adding at the end the following new subsection: (h) (1) With respect to any performance review of a covered employee, the Secretary may not consider the timeliness or quality of work of any Member of the Board. (2) In this section, the term covered employee has the meaning given such term in section 7101B of this title..", "id": "H7D8457057B6E4725A22438AF2731E1C6", "header": "Training program for certain employees of Board of Veterans’ Appeals; performance reviews", "nested": [], "links": [] }, { "text": "(c) Decisions of Board To remand \n(1) Information relating to decisions to remand \nSection 7104 of such title is amended in subsection (d)— (A) by redesignating paragraphs (1) through (3) as paragraphs (2) through (4), respsectively; and (B) by inserting before paragraph (2) (as so redesignated), the following new paragraph: (1) with respect to a claim that the Board remands for further action, a statement of the specific reasons such claim was remanded, including any failure on the part of the Secretary to comply with— (A) the Secretary’s duty to assist under section 5103A of this title; and (B) the Secretary’s duty to notify under section 5103 of this title.. (2) Notice of remanded decision for certain employees \nSuch section is further amended in— (A) subsection (e)— (i) by redesignating paragraphs (1) through (3) as subparagraphs (A) through (C), respectively; (ii) by striking After and inserting (1) After ; and (iii) by adding at the end the following new paragraph: (2) If, pursuant to a decision on an appeal, the Board remands a claim for a benefit under a law administered by the Secretary for further action, the Secretary shall, to the maximum extent practicable, issue a copy of such decision to each employee of the Veterans Benefits Administration who committed the error resulting in the decision of the Board to remand, when applicable. ; and (B) in subsection (f), by striking under subsection (e) and inserting under paragraph (1) of subsection (e).", "id": "H53B69EF0BC824733AA64374CBB2AD0D6", "header": "Decisions of Board To remand", "nested": [], "links": [] }, { "text": "(d) Annual reports for Board of Veterans’ Appeals \n(1) In general \nChapter 71 of such title 38, United States Code, is amended by inserting after section 7113 the following new section: 7114. Annual reports on Board of Veterans’ Appeals \n(a) Report on reasons for remands \nThe Chairman of the Board shall submit to the Committees on Veterans’ Affairs of the House of Representatives and the Senate an annual report that includes, for each decision of the Board to remand a claim for a benefit under a law administered by the Secretary to the Secretary for further adjudication during the period covered by the report, a statement of the reasons for such decision of the Board, disaggregated by decisions on— (1) claims with a relevant decision dated on or after February 19, 2019; and (2) claims with a relevant decision dated before such date. (b) Report on unnecessary remands \nThe Secretary, in consultation with the Chairman of the Board and the head of the Office of Administrative Review of the Veterans Benefits Administration, shall submit to Congress an annual report that includes a statement of the number of decisions of the Board to remand a claim for a benefit under a law administered by the Secretary to the Secretary for further action that the Secretary determines were unnecessary during the period covered by the report.. (2) Deadlines \nThe Secretary shall submit the first reports required by subsections (a) and (b) of section 7114 of title 38, United States Code (as added by paragraph (1)) by not later than one year after the date of the enactment of this Act.", "id": "H0C615EA542734C9E8198CA04AFB097BD", "header": "Annual reports for Board of Veterans’ Appeals", "nested": [], "links": [] }, { "text": "(e) Plan for improvements to quality in decisions of Board \n(1) In general \nNot later than six months after the date of the enactment of this Act, the Secretary of Veterans Affairs, in consultation with the Chairman of the Board of Veterans’ Appeals and the head of the Office of Administrative Review of the Veterans Benefits Administration, shall develop a plan to— (A) improve the quality of decisions of the Board to remand, pursuant to section 7104 of title 38, United States Code, claims for a benefit under a law administered by the Secretary to the Secretary for further action; and (B) mitigate the number of such decisions that are unnecessary under any applicable law or regulation. (2) Report \nThe Secretary shall submit to the Committees on Veterans’ Affairs of the House of Representatives and the Senate a report on such plan by not later than six months after the date of the enactment of this Act.", "id": "HB6ADC74690D444D58B452A928B08AEB8", "header": "Plan for improvements to quality in decisions of Board", "nested": [], "links": [] } ], "links": [] }, { "text": "7101B. Training program for Members of Board on timely and correct adjudication of appeals \n(a) In general \nThe Secretary, in conjunction with the Chairman of the Board of Veterans’ Appeals, shall develop and carry out a program to provide Members of the Board training on timely and correct adjudication of appeals under this chapter. (b) Required considerations \nIn carrying out the program required by subsection (a), the Secretary shall consider the following: (1) Feedback, if any, from members of the Board and covered employees with respect to such program. (2) Data on errors in decisions of the Board maintained pursuant to the program for quality assurance required by subsection (f) of section 7101 of this title. (3) Any decision of the Court of Appeals for Veterans Claims to remand a claim for benefits under the laws administered by the Secretary to the Board for further action, including a joint motion to remand such claim. (c) Report \nThe Secretary shall submit to the Committees on Veterans’ Affairs of the House of Representatives and the Senate an annual report on the program required by subsection (a) that includes a statement of the topics of training provided pursuant to this section, disaggregated by— (1) mandatory training; and (2) non-mandatory training. (d) Covered employee defined \nIn this section, the term covered employee means an employee of the Board who is— (1) not a member of the Board; and (2) responsible for drafting decisions of the Board.", "id": "H39F79F35C072428789AAFE2FB9E44C56", "header": "Training program for Members of Board on timely and correct adjudication of appeals", "nested": [ { "text": "(a) In general \nThe Secretary, in conjunction with the Chairman of the Board of Veterans’ Appeals, shall develop and carry out a program to provide Members of the Board training on timely and correct adjudication of appeals under this chapter.", "id": "HC3A41C22EAAE48C8805B4E27714E0809", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Required considerations \nIn carrying out the program required by subsection (a), the Secretary shall consider the following: (1) Feedback, if any, from members of the Board and covered employees with respect to such program. (2) Data on errors in decisions of the Board maintained pursuant to the program for quality assurance required by subsection (f) of section 7101 of this title. (3) Any decision of the Court of Appeals for Veterans Claims to remand a claim for benefits under the laws administered by the Secretary to the Board for further action, including a joint motion to remand such claim.", "id": "H2DFF984B3BCA41D78A0BEF4B5A29A87F", "header": "Required considerations", "nested": [], "links": [] }, { "text": "(c) Report \nThe Secretary shall submit to the Committees on Veterans’ Affairs of the House of Representatives and the Senate an annual report on the program required by subsection (a) that includes a statement of the topics of training provided pursuant to this section, disaggregated by— (1) mandatory training; and (2) non-mandatory training.", "id": "HDED8B8FE9B7D414E8DD907769A2D13DA", "header": "Report", "nested": [], "links": [] }, { "text": "(d) Covered employee defined \nIn this section, the term covered employee means an employee of the Board who is— (1) not a member of the Board; and (2) responsible for drafting decisions of the Board.", "id": "H15E894A7CF7E4CBA91D3C514CB15FACC", "header": "Covered employee defined", "nested": [], "links": [] } ], "links": [] }, { "text": "7114. Annual reports on Board of Veterans’ Appeals \n(a) Report on reasons for remands \nThe Chairman of the Board shall submit to the Committees on Veterans’ Affairs of the House of Representatives and the Senate an annual report that includes, for each decision of the Board to remand a claim for a benefit under a law administered by the Secretary to the Secretary for further adjudication during the period covered by the report, a statement of the reasons for such decision of the Board, disaggregated by decisions on— (1) claims with a relevant decision dated on or after February 19, 2019; and (2) claims with a relevant decision dated before such date. (b) Report on unnecessary remands \nThe Secretary, in consultation with the Chairman of the Board and the head of the Office of Administrative Review of the Veterans Benefits Administration, shall submit to Congress an annual report that includes a statement of the number of decisions of the Board to remand a claim for a benefit under a law administered by the Secretary to the Secretary for further action that the Secretary determines were unnecessary during the period covered by the report.", "id": "H8012374D838F4794B6785D64FA60D7C7", "header": "Annual reports on Board of Veterans’ Appeals", "nested": [ { "text": "(a) Report on reasons for remands \nThe Chairman of the Board shall submit to the Committees on Veterans’ Affairs of the House of Representatives and the Senate an annual report that includes, for each decision of the Board to remand a claim for a benefit under a law administered by the Secretary to the Secretary for further adjudication during the period covered by the report, a statement of the reasons for such decision of the Board, disaggregated by decisions on— (1) claims with a relevant decision dated on or after February 19, 2019; and (2) claims with a relevant decision dated before such date.", "id": "HAA97ABDC8D734749B10449B98AD5D00C", "header": "Report on reasons for remands", "nested": [], "links": [] }, { "text": "(b) Report on unnecessary remands \nThe Secretary, in consultation with the Chairman of the Board and the head of the Office of Administrative Review of the Veterans Benefits Administration, shall submit to Congress an annual report that includes a statement of the number of decisions of the Board to remand a claim for a benefit under a law administered by the Secretary to the Secretary for further action that the Secretary determines were unnecessary during the period covered by the report.", "id": "H9E91F879459E4F8A9A34CAB7678F82EA", "header": "Report on unnecessary remands", "nested": [], "links": [] } ], "links": [] } ]
5
1. Short title This Act may be cited as the Veterans Claims Quality Improvement Act of 2024. 2. Review of certain revisions to manuals of Veterans Benefits Administration required; training program for certain employees of Department of Veterans Affairs (a) In general Section 311 of title 38, United States Code, is amended— (1) by striking There is in the Department and inserting (a) In general.— There is in the Department ; and (2) by adding at the end the following new subsections: (b) Review of revisions to certain manuals With respect to any revisions to the manuals of the Veterans Benefits Administration for the adjudication of a claim for benefits under the laws administered by the Secretary that would have a material effect on such adjudication, the General Counsel shall review such revision. (c) Program for training The General Counsel shall develop and carry out a program to provide employees of the Veterans Benefits Administration who are responsible for drafting rules, guidance, or other issuances of the Veterans Benefits Administration training on such rules, guidance, or other issuances that— (1) would have a material effect on the adjudication of a claim for benefits under the laws administered by the Secretary; or (2) require review by the General Counsel.. (b) Study and report on certain OGC opinions (1) Study Not later than one year after the date of the enactment of this Act, the Secretary of Veterans Affairs, in consultation with the General Counsel of the Department of Veterans Affairs and the Chairman of the Board of Veterans’ Appeals, shall complete a study to identify issues about which an opinion from the General Counsel of the Department would foster consistency in the decisions of the Secretary with respect to claims for benefits under the laws administered by the Secretary. (2) Report Not later than one year after the date of the enactment of this Act, the Secretary of Veterans Affairs shall submit to the Committees on Veterans’ Affairs of the House of Representatives a report that contains the findings of the study required by paragraph (1). 3. Improvements to system for adjudication of claims for benefits under laws administered by Secretary of Veterans Affairs (a) Program for quality assurance in decisions of Board of Veterans’ Appeals; performance reviews (1) In general Section 7101 of title 38, United States Code, is amended by adding at the end the following new subsection: (f) (1) The Chairman shall carry out a program to ensure quality in the decisions of the Board. Under such program, the Chairman shall— (A) develop policies and procedures for— (i) measuring quality in such decisions; (ii) maintaining data on— (I) errors in such decisions; and (II) errors in decisions remanded or returned to the Board by the Court of Appeals for Veterans Claims; and (iii) ensuring any such decision of the Board to remand a claim for a benefit under a law administered by the Secretary is necessary under any applicable law or regulation; (B) with respect to a claim for such a benefit that is remanded to the Board by the Court of Appeals for Veterans Claims— (i) inform any employee of the Board responsible for drafting the decision of the Board with respect to such claim that such decision was remanded; (ii) provide any such employee with a copy of the relevant order of the Court of Appeals for Veterans Claims (including a copy of any accompanying joint motion for remand); and (iii) provide incentives to such employees to review such relevant orders and joint motions for remand; and (C) ensure, to the maximum extent practicable, that any error identified by the Board under such program is corrected before the date on which the Board issues the final decision associated with such error. (2) The Secretary shall submit to the Committees on Veterans’ Affairs of the House of Representatives and the Senate an annual report on the program required by this subsection that includes, with respect to the period covered by the report, an identification of— (A) elements, if any of the process of the Board for reviewing an appeal under this chapter that lead to errors in decisions of the Board; and (B) the most common reasons that a claim for a benefit under a law administered by the Secretary was remanded to such Board by the Court of Appeals for Veterans Claims.. (2) Deadline The Secretary shall submit the first report required by paragraph (2) of such section (as added by paragraph (1)) by not later than one year after the date of the enactment of this Act. (b) Training program for certain employees of Board of Veterans’ Appeals; performance reviews (1) Training program (A) In general Chapter 71 of such title (as amended by subsection (a)) is further amended by inserting after section 7101A the following new section: 7101B. Training program for Members of Board on timely and correct adjudication of appeals (a) In general The Secretary, in conjunction with the Chairman of the Board of Veterans’ Appeals, shall develop and carry out a program to provide Members of the Board training on timely and correct adjudication of appeals under this chapter. (b) Required considerations In carrying out the program required by subsection (a), the Secretary shall consider the following: (1) Feedback, if any, from members of the Board and covered employees with respect to such program. (2) Data on errors in decisions of the Board maintained pursuant to the program for quality assurance required by subsection (f) of section 7101 of this title. (3) Any decision of the Court of Appeals for Veterans Claims to remand a claim for benefits under the laws administered by the Secretary to the Board for further action, including a joint motion to remand such claim. (c) Report The Secretary shall submit to the Committees on Veterans’ Affairs of the House of Representatives and the Senate an annual report on the program required by subsection (a) that includes a statement of the topics of training provided pursuant to this section, disaggregated by— (1) mandatory training; and (2) non-mandatory training. (d) Covered employee defined In this section, the term covered employee means an employee of the Board who is— (1) not a member of the Board; and (2) responsible for drafting decisions of the Board.. (B) Clerical amendment The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 7101A the following new item: 7101B. Training program for Members of Board on timely and correct adjudication of appeals.. (2) Performance reviews of Members of the Board Section 7101A of such title (as amended by paragraph (1)) is amended— (A) in subparagraph (B) of subsection (c)(1) by striking not less often than once every three years and inserting not less often than annually ; and (B) by adding at the end the following new subsection: (h) (1) With respect to any performance review of a covered employee, the Secretary may not consider the timeliness or quality of work of any Member of the Board. (2) In this section, the term covered employee has the meaning given such term in section 7101B of this title.. (c) Decisions of Board To remand (1) Information relating to decisions to remand Section 7104 of such title is amended in subsection (d)— (A) by redesignating paragraphs (1) through (3) as paragraphs (2) through (4), respsectively; and (B) by inserting before paragraph (2) (as so redesignated), the following new paragraph: (1) with respect to a claim that the Board remands for further action, a statement of the specific reasons such claim was remanded, including any failure on the part of the Secretary to comply with— (A) the Secretary’s duty to assist under section 5103A of this title; and (B) the Secretary’s duty to notify under section 5103 of this title.. (2) Notice of remanded decision for certain employees Such section is further amended in— (A) subsection (e)— (i) by redesignating paragraphs (1) through (3) as subparagraphs (A) through (C), respectively; (ii) by striking After and inserting (1) After ; and (iii) by adding at the end the following new paragraph: (2) If, pursuant to a decision on an appeal, the Board remands a claim for a benefit under a law administered by the Secretary for further action, the Secretary shall, to the maximum extent practicable, issue a copy of such decision to each employee of the Veterans Benefits Administration who committed the error resulting in the decision of the Board to remand, when applicable. ; and (B) in subsection (f), by striking under subsection (e) and inserting under paragraph (1) of subsection (e). (d) Annual reports for Board of Veterans’ Appeals (1) In general Chapter 71 of such title 38, United States Code, is amended by inserting after section 7113 the following new section: 7114. Annual reports on Board of Veterans’ Appeals (a) Report on reasons for remands The Chairman of the Board shall submit to the Committees on Veterans’ Affairs of the House of Representatives and the Senate an annual report that includes, for each decision of the Board to remand a claim for a benefit under a law administered by the Secretary to the Secretary for further adjudication during the period covered by the report, a statement of the reasons for such decision of the Board, disaggregated by decisions on— (1) claims with a relevant decision dated on or after February 19, 2019; and (2) claims with a relevant decision dated before such date. (b) Report on unnecessary remands The Secretary, in consultation with the Chairman of the Board and the head of the Office of Administrative Review of the Veterans Benefits Administration, shall submit to Congress an annual report that includes a statement of the number of decisions of the Board to remand a claim for a benefit under a law administered by the Secretary to the Secretary for further action that the Secretary determines were unnecessary during the period covered by the report.. (2) Deadlines The Secretary shall submit the first reports required by subsections (a) and (b) of section 7114 of title 38, United States Code (as added by paragraph (1)) by not later than one year after the date of the enactment of this Act. (e) Plan for improvements to quality in decisions of Board (1) In general Not later than six months after the date of the enactment of this Act, the Secretary of Veterans Affairs, in consultation with the Chairman of the Board of Veterans’ Appeals and the head of the Office of Administrative Review of the Veterans Benefits Administration, shall develop a plan to— (A) improve the quality of decisions of the Board to remand, pursuant to section 7104 of title 38, United States Code, claims for a benefit under a law administered by the Secretary to the Secretary for further action; and (B) mitigate the number of such decisions that are unnecessary under any applicable law or regulation. (2) Report The Secretary shall submit to the Committees on Veterans’ Affairs of the House of Representatives and the Senate a report on such plan by not later than six months after the date of the enactment of this Act. 7101B. Training program for Members of Board on timely and correct adjudication of appeals (a) In general The Secretary, in conjunction with the Chairman of the Board of Veterans’ Appeals, shall develop and carry out a program to provide Members of the Board training on timely and correct adjudication of appeals under this chapter. (b) Required considerations In carrying out the program required by subsection (a), the Secretary shall consider the following: (1) Feedback, if any, from members of the Board and covered employees with respect to such program. (2) Data on errors in decisions of the Board maintained pursuant to the program for quality assurance required by subsection (f) of section 7101 of this title. (3) Any decision of the Court of Appeals for Veterans Claims to remand a claim for benefits under the laws administered by the Secretary to the Board for further action, including a joint motion to remand such claim. (c) Report The Secretary shall submit to the Committees on Veterans’ Affairs of the House of Representatives and the Senate an annual report on the program required by subsection (a) that includes a statement of the topics of training provided pursuant to this section, disaggregated by— (1) mandatory training; and (2) non-mandatory training. (d) Covered employee defined In this section, the term covered employee means an employee of the Board who is— (1) not a member of the Board; and (2) responsible for drafting decisions of the Board. 7114. Annual reports on Board of Veterans’ Appeals (a) Report on reasons for remands The Chairman of the Board shall submit to the Committees on Veterans’ Affairs of the House of Representatives and the Senate an annual report that includes, for each decision of the Board to remand a claim for a benefit under a law administered by the Secretary to the Secretary for further adjudication during the period covered by the report, a statement of the reasons for such decision of the Board, disaggregated by decisions on— (1) claims with a relevant decision dated on or after February 19, 2019; and (2) claims with a relevant decision dated before such date. (b) Report on unnecessary remands The Secretary, in consultation with the Chairman of the Board and the head of the Office of Administrative Review of the Veterans Benefits Administration, shall submit to Congress an annual report that includes a statement of the number of decisions of the Board to remand a claim for a benefit under a law administered by the Secretary to the Secretary for further action that the Secretary determines were unnecessary during the period covered by the report.
13,798
[ "Veterans' Affairs Committee" ]
118hr1102ih
118
hr
1,102
ih
To withhold United States contributions to the United Nations Relief and Works Agency for Palestine Refugees in the Near East (UNRWA), and for other purposes.
[ { "text": "1. Short title \nThis Act may be cited as the UNRWA Accountability and Transparency Act.", "id": "H20582C137E9A47EEA059EC0C5EE29509", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Statement of policy \n(a) Palestinian refugee defined \nIt shall be the policy of the United States, in matters concerning the United Nations Relief and Works Agency for Palestine Refugees in the Near East (referred to in this Act as UNRWA ), which operates in Syria, Lebanon, Jordan, the Gaza Strip, and the West Bank, to define a Palestinian refugee as a person who— (1) resided, between June 1946 and May 1948, in the region controlled by Britain between 1922 and 1948 that was known as Mandatory Palestine; (2) was personally displaced as a result of the 1948 Arab-Israeli conflict; and (3) has not accepted an offer of legal residency status, citizenship, or other permanent adjustment in status in another country or territory. (b) Limitations on refugee and derivative refugee status \nIn applying the definition under subsection (a) with respect to refugees receiving assistance from UNRWA, it shall be the policy of the United States, consistent with the definition of refugee in section 101(a)(42) of the Immigration and Nationality Act ( 8 U.S.C. 1101(a)(42) ) and the requirements for eligibility for refugee status under section 207 of such Act ( 8 U.S.C. 1157 ), that— (1) derivative refugee status may only be extended to the spouse or a minor child of a Palestinian refugee; and (2) an alien who is firmly resettled in any country is not eligible to retain refugee status.", "id": "HEDDC8ADD251F4CC8AF81F5167E888DA7", "header": "Statement of policy", "nested": [ { "text": "(a) Palestinian refugee defined \nIt shall be the policy of the United States, in matters concerning the United Nations Relief and Works Agency for Palestine Refugees in the Near East (referred to in this Act as UNRWA ), which operates in Syria, Lebanon, Jordan, the Gaza Strip, and the West Bank, to define a Palestinian refugee as a person who— (1) resided, between June 1946 and May 1948, in the region controlled by Britain between 1922 and 1948 that was known as Mandatory Palestine; (2) was personally displaced as a result of the 1948 Arab-Israeli conflict; and (3) has not accepted an offer of legal residency status, citizenship, or other permanent adjustment in status in another country or territory.", "id": "H60FA31B498904F5184756AC609113DC3", "header": "Palestinian refugee defined", "nested": [], "links": [] }, { "text": "(b) Limitations on refugee and derivative refugee status \nIn applying the definition under subsection (a) with respect to refugees receiving assistance from UNRWA, it shall be the policy of the United States, consistent with the definition of refugee in section 101(a)(42) of the Immigration and Nationality Act ( 8 U.S.C. 1101(a)(42) ) and the requirements for eligibility for refugee status under section 207 of such Act ( 8 U.S.C. 1157 ), that— (1) derivative refugee status may only be extended to the spouse or a minor child of a Palestinian refugee; and (2) an alien who is firmly resettled in any country is not eligible to retain refugee status.", "id": "H5AF3FE33940A4403800EF9B461F7EEB3", "header": "Limitations on refugee and derivative refugee status", "nested": [], "links": [ { "text": "8 U.S.C. 1101(a)(42)", "legal-doc": "usc", "parsable-cite": "usc/8/1101" }, { "text": "8 U.S.C. 1157", "legal-doc": "usc", "parsable-cite": "usc/8/1157" } ] } ], "links": [ { "text": "8 U.S.C. 1101(a)(42)", "legal-doc": "usc", "parsable-cite": "usc/8/1101" }, { "text": "8 U.S.C. 1157", "legal-doc": "usc", "parsable-cite": "usc/8/1157" } ] }, { "text": "3. United States contributions to UNRWA \nSection 301(c) of the Foreign Assistance Act of 1961 ( 22 U.S.C. 2221 ) is amended to read as follows: (c) Withholding \n(1) Definitions \nIn this subsection: (A) Anti-semitic \nThe term anti-Semitic — (i) has the meaning adopted on May 26, 2016, by the International Holocaust Remembrance Alliance as the non-legally binding working definition of antisemitism; and (ii) includes the contemporary examples of antisemitism in public life, the media, schools, the workplace, and in the religious sphere identified on such date by the International Holocaust Remembrance Alliance. (B) Appropriate congressional committees \nThe term appropriate congressional committees means— (i) the Committee on Foreign Relations of the Senate ; (ii) the Committee on Appropriations of the Senate ; (iii) the Committee on Foreign Affairs of the House of Representatives ; and (iv) the Committee on Appropriations of the House of Representatives. (C) Boycott of, divestment from, and sanctions against israel \nThe term boycott of, divestment from, and sanctions against Israel has the meaning given to such term in section 909(f)(1) of the Trade Facilitation and Trade Enforcement Act of 2015 ( 19 U.S.C. 4452(f)(1) ). (D) Foreign terrorist organization \nThe term foreign terrorist organization means an organization designated as a foreign terrorist organization by the Secretary of State in accordance with section 219(a) of the Immigration and Nationality Act ( 8 U.S.C. 1189(a) ). (E) UNRWA \nThe term UNRWA means the United Nations Relief and Works Agency for Palestine Refugees in the Near East. (2) Certification \nNotwithstanding any other provision of law, the United States may not provide contributions to UNRWA, to any successor or related entity, or to the regular budget of the United Nations for the support of UNRWA or a successor entity (through staff positions provided by the United Nations Secretariat or otherwise) unless the Secretary of State submits a written certification to the appropriate congressional committees that— (A) no official, employee, consultant, contractor, subcontractor, representative, affiliate of UNRWA, an UNRWA partner organization, or an UNRWA contracting entity pursuant to completion of a thorough vetting and background check process— (i) is a member of, is affiliated with, or has any ties to a foreign terrorist organization, including Hamas and Hezbollah; (ii) has advocated, planned, sponsored, or engaged in any terrorist activity; (iii) has propagated or disseminated anti-American, anti-Israel, or anti-Semitic rhetoric, incitement, or propaganda, including— (I) calling for or encouraging the destruction of Israel; (II) failing to recognize Israel’s right to exist; (III) showing maps without Israel; (IV) describing Israelis as occupiers or settlers ; (V) advocating, endorsing, or expressing support for violence, hatred, jihad, martyrdom, or terrorism, glorifying, honoring, or otherwise memorializing any person or group that has advocated, sponsored, or committed acts of terrorism, or providing material support to terrorists or their families; (VI) expressing support for boycott of, divestment from, and sanctions against Israel (commonly referred to as BDS ); (VII) claiming or advocating for a right of return of refugees into Israel; (VIII) ignoring, denying, or not recognizing the historic connection of the Jewish people to the land of Israel; and (IX) calling for violence against Americans; or (iv) has used any UNRWA resources, including publications, websites, or social media platforms, to propagate or disseminate anti-American, anti-Israel, or anti-Semitic rhetoric, incitement, or propaganda, including with respect to any of the matters described in subclauses (I) through (IX) of clause (iii); (B) no UNRWA school, hospital, clinic, facility, or other infrastructure or resource is being used by a foreign terrorist organization or any member thereof— (i) for terrorist activities, such as operations, planning, training, recruitment, fundraising, indoctrination, communications, sanctuary, storage of weapons or other materials; or (ii) as an access point to any underground tunnel network, or any other terrorist-related purposes; (C) UNRWA is subject to comprehensive financial audits by an internationally recognized third party independent auditing firm that— (i) is agreed upon by the Government of Israel and the Palestinian Authority; and (ii) has implemented an effective system of vetting and oversight to prevent the use, receipt, or diversion of any UNRWA resources by any foreign terrorist organization or members thereof; (D) no UNRWA controlled or funded facility, such as a school, an educational institution, or a summer camp, uses textbooks or other educational materials that propagate or disseminate anti-American, anti-Israel, or anti-Semitic rhetoric, incitement, or propaganda, including with respect to any of the matters described in subclauses (I) through (IX) of subparagraph (A)(iii); (E) no recipient of UNRWA funds or loans is— (i) a member of, is affiliated with, or has any ties to a foreign terrorist organization; or (ii) otherwise engaged in terrorist activities; and (F) UNRWA holds no accounts or other affiliations with financial institutions that the United States considers or believes to be complicit in money laundering and terror financing. (3) Period of effectiveness \n(A) In general \nA certification described in paragraph (2) shall be effective until the earlier of— (i) the date on which the Secretary receives information rendering the certification described in paragraph (2) factually inaccurate; or (ii) the date that is 180 days after the date on which it is submitted to the appropriate congressional committees. (B) Notification of renunciation \nIf a certification becomes ineffective pursuant to subparagraph (A), the Secretary shall promptly notify the appropriate congressional committees of the reasons for renouncing or failing to renew such certification. (4) Limitation \nDuring any year in which a certification described in paragraph (1) is in effect, the United States may not contribute to UNRWA, or to any successor entity, an amount that— (A) is greater than the highest contribution to UNRWA made by a member country of the League of Arab States for such year; and (B) is greater (as a proportion of the total UNRWA budget) than the proportion of the total budget for the United Nations High Commissioner for Refugees paid by the United States..", "id": "HC3D6FFCE97FF40D0BFFE2FC5B1E3E860", "header": "United States contributions to UNRWA", "nested": [], "links": [ { "text": "22 U.S.C. 2221", "legal-doc": "usc", "parsable-cite": "usc/22/2221" }, { "text": "19 U.S.C. 4452(f)(1)", "legal-doc": "usc", "parsable-cite": "usc/19/4452" }, { "text": "8 U.S.C. 1189(a)", "legal-doc": "usc", "parsable-cite": "usc/8/1189" } ] }, { "text": "4. Report \n(a) Appropriate congressional committees defined \nIn this section, the term appropriate congressional committees means— (1) the Committee on Foreign Relations of the Senate ; (2) the Committee on Appropriations of the Senate ; (3) the Committee on Foreign Affairs of the House of Representatives ; and (4) the Committee on Appropriations of the House of Representatives. (b) In general \nNot later than 180 days after the date of the enactment of this Act, and annually thereafter, the Secretary of State shall submit a report to the appropriate congressional committees describing the actions being taken to implement a comprehensive plan for— (1) encouraging other countries to adopt the policy regarding Palestinian refugees that is described in section 2; (2) urging other countries to withhold their contributions to UNRWA, to any successor or related entity, or to the regular budget of the United Nations for the support of UNRWA or a successor entity (through staff positions provided by the United Nations Secretariat or otherwise) until UNRWA has met the conditions listed in subparagraphs (A) through (F) of section 301(c)(2) of the Foreign Assistance Act of 1961, as added by section 3; (3) working with other countries to phase out UNRWA and assist Palestinians receiving UNRWA services by— (A) integrating such Palestinians into their local communities in the countries in which they are residing; or (B) resettling such Palestinians in countries other than Israel or territories controlled by Israel in the West Bank in accordance with international humanitarian principles; and (4) ensuring that the actions described in paragraph (3)— (A) are being implemented in complete coordination with, and with the support of, Israel; and (B) do not endanger the security of Israel in any way.", "id": "H1AD3450185A749DBBF5E5D468836F136", "header": "Report", "nested": [ { "text": "(a) Appropriate congressional committees defined \nIn this section, the term appropriate congressional committees means— (1) the Committee on Foreign Relations of the Senate ; (2) the Committee on Appropriations of the Senate ; (3) the Committee on Foreign Affairs of the House of Representatives ; and (4) the Committee on Appropriations of the House of Representatives.", "id": "H205BFBBF37CB4117B39AA094BA202B29", "header": "Appropriate congressional committees defined", "nested": [], "links": [] }, { "text": "(b) In general \nNot later than 180 days after the date of the enactment of this Act, and annually thereafter, the Secretary of State shall submit a report to the appropriate congressional committees describing the actions being taken to implement a comprehensive plan for— (1) encouraging other countries to adopt the policy regarding Palestinian refugees that is described in section 2; (2) urging other countries to withhold their contributions to UNRWA, to any successor or related entity, or to the regular budget of the United Nations for the support of UNRWA or a successor entity (through staff positions provided by the United Nations Secretariat or otherwise) until UNRWA has met the conditions listed in subparagraphs (A) through (F) of section 301(c)(2) of the Foreign Assistance Act of 1961, as added by section 3; (3) working with other countries to phase out UNRWA and assist Palestinians receiving UNRWA services by— (A) integrating such Palestinians into their local communities in the countries in which they are residing; or (B) resettling such Palestinians in countries other than Israel or territories controlled by Israel in the West Bank in accordance with international humanitarian principles; and (4) ensuring that the actions described in paragraph (3)— (A) are being implemented in complete coordination with, and with the support of, Israel; and (B) do not endanger the security of Israel in any way.", "id": "H7D6E3D6A191E48DCBCB45F619753D8F2", "header": "In general", "nested": [], "links": [] } ], "links": [] } ]
4
1. Short title This Act may be cited as the UNRWA Accountability and Transparency Act. 2. Statement of policy (a) Palestinian refugee defined It shall be the policy of the United States, in matters concerning the United Nations Relief and Works Agency for Palestine Refugees in the Near East (referred to in this Act as UNRWA ), which operates in Syria, Lebanon, Jordan, the Gaza Strip, and the West Bank, to define a Palestinian refugee as a person who— (1) resided, between June 1946 and May 1948, in the region controlled by Britain between 1922 and 1948 that was known as Mandatory Palestine; (2) was personally displaced as a result of the 1948 Arab-Israeli conflict; and (3) has not accepted an offer of legal residency status, citizenship, or other permanent adjustment in status in another country or territory. (b) Limitations on refugee and derivative refugee status In applying the definition under subsection (a) with respect to refugees receiving assistance from UNRWA, it shall be the policy of the United States, consistent with the definition of refugee in section 101(a)(42) of the Immigration and Nationality Act ( 8 U.S.C. 1101(a)(42) ) and the requirements for eligibility for refugee status under section 207 of such Act ( 8 U.S.C. 1157 ), that— (1) derivative refugee status may only be extended to the spouse or a minor child of a Palestinian refugee; and (2) an alien who is firmly resettled in any country is not eligible to retain refugee status. 3. United States contributions to UNRWA Section 301(c) of the Foreign Assistance Act of 1961 ( 22 U.S.C. 2221 ) is amended to read as follows: (c) Withholding (1) Definitions In this subsection: (A) Anti-semitic The term anti-Semitic — (i) has the meaning adopted on May 26, 2016, by the International Holocaust Remembrance Alliance as the non-legally binding working definition of antisemitism; and (ii) includes the contemporary examples of antisemitism in public life, the media, schools, the workplace, and in the religious sphere identified on such date by the International Holocaust Remembrance Alliance. (B) Appropriate congressional committees The term appropriate congressional committees means— (i) the Committee on Foreign Relations of the Senate ; (ii) the Committee on Appropriations of the Senate ; (iii) the Committee on Foreign Affairs of the House of Representatives ; and (iv) the Committee on Appropriations of the House of Representatives. (C) Boycott of, divestment from, and sanctions against israel The term boycott of, divestment from, and sanctions against Israel has the meaning given to such term in section 909(f)(1) of the Trade Facilitation and Trade Enforcement Act of 2015 ( 19 U.S.C. 4452(f)(1) ). (D) Foreign terrorist organization The term foreign terrorist organization means an organization designated as a foreign terrorist organization by the Secretary of State in accordance with section 219(a) of the Immigration and Nationality Act ( 8 U.S.C. 1189(a) ). (E) UNRWA The term UNRWA means the United Nations Relief and Works Agency for Palestine Refugees in the Near East. (2) Certification Notwithstanding any other provision of law, the United States may not provide contributions to UNRWA, to any successor or related entity, or to the regular budget of the United Nations for the support of UNRWA or a successor entity (through staff positions provided by the United Nations Secretariat or otherwise) unless the Secretary of State submits a written certification to the appropriate congressional committees that— (A) no official, employee, consultant, contractor, subcontractor, representative, affiliate of UNRWA, an UNRWA partner organization, or an UNRWA contracting entity pursuant to completion of a thorough vetting and background check process— (i) is a member of, is affiliated with, or has any ties to a foreign terrorist organization, including Hamas and Hezbollah; (ii) has advocated, planned, sponsored, or engaged in any terrorist activity; (iii) has propagated or disseminated anti-American, anti-Israel, or anti-Semitic rhetoric, incitement, or propaganda, including— (I) calling for or encouraging the destruction of Israel; (II) failing to recognize Israel’s right to exist; (III) showing maps without Israel; (IV) describing Israelis as occupiers or settlers ; (V) advocating, endorsing, or expressing support for violence, hatred, jihad, martyrdom, or terrorism, glorifying, honoring, or otherwise memorializing any person or group that has advocated, sponsored, or committed acts of terrorism, or providing material support to terrorists or their families; (VI) expressing support for boycott of, divestment from, and sanctions against Israel (commonly referred to as BDS ); (VII) claiming or advocating for a right of return of refugees into Israel; (VIII) ignoring, denying, or not recognizing the historic connection of the Jewish people to the land of Israel; and (IX) calling for violence against Americans; or (iv) has used any UNRWA resources, including publications, websites, or social media platforms, to propagate or disseminate anti-American, anti-Israel, or anti-Semitic rhetoric, incitement, or propaganda, including with respect to any of the matters described in subclauses (I) through (IX) of clause (iii); (B) no UNRWA school, hospital, clinic, facility, or other infrastructure or resource is being used by a foreign terrorist organization or any member thereof— (i) for terrorist activities, such as operations, planning, training, recruitment, fundraising, indoctrination, communications, sanctuary, storage of weapons or other materials; or (ii) as an access point to any underground tunnel network, or any other terrorist-related purposes; (C) UNRWA is subject to comprehensive financial audits by an internationally recognized third party independent auditing firm that— (i) is agreed upon by the Government of Israel and the Palestinian Authority; and (ii) has implemented an effective system of vetting and oversight to prevent the use, receipt, or diversion of any UNRWA resources by any foreign terrorist organization or members thereof; (D) no UNRWA controlled or funded facility, such as a school, an educational institution, or a summer camp, uses textbooks or other educational materials that propagate or disseminate anti-American, anti-Israel, or anti-Semitic rhetoric, incitement, or propaganda, including with respect to any of the matters described in subclauses (I) through (IX) of subparagraph (A)(iii); (E) no recipient of UNRWA funds or loans is— (i) a member of, is affiliated with, or has any ties to a foreign terrorist organization; or (ii) otherwise engaged in terrorist activities; and (F) UNRWA holds no accounts or other affiliations with financial institutions that the United States considers or believes to be complicit in money laundering and terror financing. (3) Period of effectiveness (A) In general A certification described in paragraph (2) shall be effective until the earlier of— (i) the date on which the Secretary receives information rendering the certification described in paragraph (2) factually inaccurate; or (ii) the date that is 180 days after the date on which it is submitted to the appropriate congressional committees. (B) Notification of renunciation If a certification becomes ineffective pursuant to subparagraph (A), the Secretary shall promptly notify the appropriate congressional committees of the reasons for renouncing or failing to renew such certification. (4) Limitation During any year in which a certification described in paragraph (1) is in effect, the United States may not contribute to UNRWA, or to any successor entity, an amount that— (A) is greater than the highest contribution to UNRWA made by a member country of the League of Arab States for such year; and (B) is greater (as a proportion of the total UNRWA budget) than the proportion of the total budget for the United Nations High Commissioner for Refugees paid by the United States.. 4. Report (a) Appropriate congressional committees defined In this section, the term appropriate congressional committees means— (1) the Committee on Foreign Relations of the Senate ; (2) the Committee on Appropriations of the Senate ; (3) the Committee on Foreign Affairs of the House of Representatives ; and (4) the Committee on Appropriations of the House of Representatives. (b) In general Not later than 180 days after the date of the enactment of this Act, and annually thereafter, the Secretary of State shall submit a report to the appropriate congressional committees describing the actions being taken to implement a comprehensive plan for— (1) encouraging other countries to adopt the policy regarding Palestinian refugees that is described in section 2; (2) urging other countries to withhold their contributions to UNRWA, to any successor or related entity, or to the regular budget of the United Nations for the support of UNRWA or a successor entity (through staff positions provided by the United Nations Secretariat or otherwise) until UNRWA has met the conditions listed in subparagraphs (A) through (F) of section 301(c)(2) of the Foreign Assistance Act of 1961, as added by section 3; (3) working with other countries to phase out UNRWA and assist Palestinians receiving UNRWA services by— (A) integrating such Palestinians into their local communities in the countries in which they are residing; or (B) resettling such Palestinians in countries other than Israel or territories controlled by Israel in the West Bank in accordance with international humanitarian principles; and (4) ensuring that the actions described in paragraph (3)— (A) are being implemented in complete coordination with, and with the support of, Israel; and (B) do not endanger the security of Israel in any way.
9,802
[ "Foreign Affairs Committee" ]
118hr2463ih
118
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2,463
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To limit and eliminate excessive, hidden, and unnecessary fees imposed on consumers, and for other purposes.
[ { "text": "1. Short title \nThis Act may be cited as the Junk Fee Prevention Act.", "id": "H0543C45F9B314F56ABB092921900C9B9", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Protecting consumers from excessive and hidden fees \n(a) Protecting consumers from hidden fees \nA covered entity shall clearly and conspicuously display, in each advertisement and when a price is first shown to a consumer, the total price of the good or service provided by the covered entity, including any mandatory fees a consumer would incur during the transaction, which shall not change during the purchase process. (b) Excessive fees \nA covered entity shall not impose on a consumer or advertise any mandatory fees that are excessive or deceptive for any good or service offered by the covered entity. (c) Ticket holdbacks \nIf a good or service provided by a covered entity is a ticket to a sporting event, theater, musical performance, or an event at a place of public amusement of any kind, the covered entity shall, not less than 72 hours prior to the first public sale or presale of such ticket, clearly and conspicuously disclose to the public, including at the point of sale, the total number of tickets offered for sale by the covered entity or available for the given event. (d) Protecting refunds \nA covered entity shall clearly and conspicuously disclose any guarantee or refund policy prior to the completion of a transaction by the consumer and, in the event of a refund, provide a refund in the amount of the total cost of the ticket including any mandatory fees. (e) Speculative ticketing \nIf a covered entity does not possess a ticket at the time of the sale, it shall provide to the consumer— (1) a clear and conspicuous notice that the covered entity does not possess the ticket; and (2) a full refund if the covered entity cannot provide the ticket advertised to the consumer in a timely manner prior to the event. (f) Rulemaking on excessive and hidden fees \nThe Federal Trade Commission may promulgate rules in accordance with section 553 of title 5, United States Code, regarding the disclosure and imposition of mandatory or deceptive fees, including any such fee not described in subsections (a) through (e). (g) Excessive fees \nIn considering whether a mandatory fee is excessive, the Federal Trade Commission or court shall take into consideration— (1) whether the fee is reasonable and proportional to the cost of the good or service provided by the covered entity; (2) the reason for which the covered entity charges such fee; and (3) any other factors determined appropriate by the Federal Trade Commission or the court. (h) Enforcement \n(1) Enforcement by the Commission \n(A) Unfair or deceptive acts or practices \nA violation this section or a regulation promulgated thereunder shall be treated as a violation of a rule defining an unfair or deceptive act or practice under section 18(a)(1)(B) of the Federal Trade Commission Act ( 15 U.S.C. 57a(a)(1)(B) ). (B) Powers of the Commission \n(i) In general \nThe Federal Trade Commission shall enforce this section in the same manner, by the same means, and with the same jurisdiction, powers, and duties as though all applicable terms and provisions of the Federal Trade Commission Act ( 15 U.S.C. 41 et seq. ) were incorporated into and made a part of this section. (ii) Privileges and immunities \nAny person who violates this section or a regulation promulgated thereunder shall be subject to the penalties and entitled to the privileges and immunities provided in the Federal Trade Commission Act ( 15 U.S.C. 41 et seq. ). (iii) Authority preserved \nNothing in this section shall be construed to limit the authority of the Federal Trade Commission under any other provision of law. (2) Enforcement by States \n(A) In general \nIf the attorney general of a State has reason to believe that a covered entity has violated or is violating this section or a regulation promulgated thereunder that affects the residents of that State, the State, as parens patriae, may bring a civil action in any appropriate district court of the United States, to— (i) enjoin any further violation by the covered entity; (ii) enforce compliance with this section or such regulation; (iii) obtain other remedies permitted under State law; and (iv) obtain damages, restitution, or other compensation on behalf of residents of the State. (B) Notice \nThe attorney general of a State shall provide prior written notice of any action under subparagraph (A) to the Commission and provide the Commission with a copy of the complaint in the action, except in any case in which such prior notice is not feasible, in which case the attorney general shall serve such notice immediately upon instituting such action. (C) Intervention by the Commission \nUpon receiving notice under subparagraph (B), the Commission shall have the right— (i) to intervene in the action; (ii) upon so intervening, to be heard on all matters arising therein; and (iii) to file petitions for appeal. (D) Limitation on State action while Federal action is pending \nIf the Commission has instituted a civil action for violation of this section or a regulation promulgated thereunder, no State attorney general, or official or agency of a State, may bring a separate action under subparagraph (A) during the pendency of that action against any defendant named in the complaint of the Commission for any violation of this section or a regulation promulgated thereunder that is alleged in the complaint. A State attorney general, or official or agency of a State, may join a civil action for a violation of this section or a regulation promulgated thereunder filed by the Commission. (E) Rule of construction \nFor purposes of bringing a civil action under subparagraph (A), nothing in this section shall be construed to prevent the chief law enforcement officer or official or agency of a State, from exercising the powers conferred on such chief law enforcement officer or official or agency of a State, by the laws of the State to conduct investigations, administer oaths or affirmations, or compel the attendance of witnesses or the production of documentary and other evidence. (i) Definitions \nIn this section: (1) Covered entity \n(A) In general \nThe term covered entity means— (i) a provider of short-term lodging or an entity that advertises rates or the purchase of short-term lodging; (ii) a provider of a ticketing service that sells tickets for an event or retains the authority to otherwise distribute tickets for such event, whether as a primary seller of tickets or in the secondary marketplace for ticket sales; or (iii) any other entity determined appropriate by the Commission through a rulemaking in accordance with section 553 of title 5, United States Code. (B) Short-term lodging \nFor purposes of subparagraph (A), the term short-term lodging means any lodging that is offered for an occupancy of less than 6 months. (2) Mandatory fee \nThe term mandatory fee includes— (A) any fee or surcharge that a consumer is required to pay to purchase a good or service being advertised; (B) a fee or surcharge that is not reasonably avoidable; (C) a fee or surcharge for a good or service that a reasonable consumer would not expect to be included with the purchase of the good or service being advertised; or (D) any other fee or surcharge determined appropriate by the Commission.", "id": "H9C6792C56D0F48F99BE930C4C85ECEE0", "header": "Protecting consumers from excessive and hidden fees", "nested": [ { "text": "(a) Protecting consumers from hidden fees \nA covered entity shall clearly and conspicuously display, in each advertisement and when a price is first shown to a consumer, the total price of the good or service provided by the covered entity, including any mandatory fees a consumer would incur during the transaction, which shall not change during the purchase process.", "id": "HBCD53B0179B2412E8B4266A09CCAE692", "header": "Protecting consumers from hidden fees", "nested": [], "links": [] }, { "text": "(b) Excessive fees \nA covered entity shall not impose on a consumer or advertise any mandatory fees that are excessive or deceptive for any good or service offered by the covered entity.", "id": "H95BB78F89530451F8C0BC9ACE921B6DB", "header": "Excessive fees", "nested": [], "links": [] }, { "text": "(c) Ticket holdbacks \nIf a good or service provided by a covered entity is a ticket to a sporting event, theater, musical performance, or an event at a place of public amusement of any kind, the covered entity shall, not less than 72 hours prior to the first public sale or presale of such ticket, clearly and conspicuously disclose to the public, including at the point of sale, the total number of tickets offered for sale by the covered entity or available for the given event.", "id": "H9E2D3CB13D44442C9678C50EC6B3A256", "header": "Ticket holdbacks", "nested": [], "links": [] }, { "text": "(d) Protecting refunds \nA covered entity shall clearly and conspicuously disclose any guarantee or refund policy prior to the completion of a transaction by the consumer and, in the event of a refund, provide a refund in the amount of the total cost of the ticket including any mandatory fees.", "id": "H07520267D2414543ABC12183FF9C03F7", "header": "Protecting refunds", "nested": [], "links": [] }, { "text": "(e) Speculative ticketing \nIf a covered entity does not possess a ticket at the time of the sale, it shall provide to the consumer— (1) a clear and conspicuous notice that the covered entity does not possess the ticket; and (2) a full refund if the covered entity cannot provide the ticket advertised to the consumer in a timely manner prior to the event.", "id": "HF6EB5577EBA44D3DBCA1C1F8F93B9086", "header": "Speculative ticketing", "nested": [], "links": [] }, { "text": "(f) Rulemaking on excessive and hidden fees \nThe Federal Trade Commission may promulgate rules in accordance with section 553 of title 5, United States Code, regarding the disclosure and imposition of mandatory or deceptive fees, including any such fee not described in subsections (a) through (e).", "id": "H59E61DDBB77C472E873B94DCA598D211", "header": "Rulemaking on excessive and hidden fees", "nested": [], "links": [] }, { "text": "(g) Excessive fees \nIn considering whether a mandatory fee is excessive, the Federal Trade Commission or court shall take into consideration— (1) whether the fee is reasonable and proportional to the cost of the good or service provided by the covered entity; (2) the reason for which the covered entity charges such fee; and (3) any other factors determined appropriate by the Federal Trade Commission or the court.", "id": "H07915A2E775744248AA16FF23058E13E", "header": "Excessive fees", "nested": [], "links": [] }, { "text": "(h) Enforcement \n(1) Enforcement by the Commission \n(A) Unfair or deceptive acts or practices \nA violation this section or a regulation promulgated thereunder shall be treated as a violation of a rule defining an unfair or deceptive act or practice under section 18(a)(1)(B) of the Federal Trade Commission Act ( 15 U.S.C. 57a(a)(1)(B) ). (B) Powers of the Commission \n(i) In general \nThe Federal Trade Commission shall enforce this section in the same manner, by the same means, and with the same jurisdiction, powers, and duties as though all applicable terms and provisions of the Federal Trade Commission Act ( 15 U.S.C. 41 et seq. ) were incorporated into and made a part of this section. (ii) Privileges and immunities \nAny person who violates this section or a regulation promulgated thereunder shall be subject to the penalties and entitled to the privileges and immunities provided in the Federal Trade Commission Act ( 15 U.S.C. 41 et seq. ). (iii) Authority preserved \nNothing in this section shall be construed to limit the authority of the Federal Trade Commission under any other provision of law. (2) Enforcement by States \n(A) In general \nIf the attorney general of a State has reason to believe that a covered entity has violated or is violating this section or a regulation promulgated thereunder that affects the residents of that State, the State, as parens patriae, may bring a civil action in any appropriate district court of the United States, to— (i) enjoin any further violation by the covered entity; (ii) enforce compliance with this section or such regulation; (iii) obtain other remedies permitted under State law; and (iv) obtain damages, restitution, or other compensation on behalf of residents of the State. (B) Notice \nThe attorney general of a State shall provide prior written notice of any action under subparagraph (A) to the Commission and provide the Commission with a copy of the complaint in the action, except in any case in which such prior notice is not feasible, in which case the attorney general shall serve such notice immediately upon instituting such action. (C) Intervention by the Commission \nUpon receiving notice under subparagraph (B), the Commission shall have the right— (i) to intervene in the action; (ii) upon so intervening, to be heard on all matters arising therein; and (iii) to file petitions for appeal. (D) Limitation on State action while Federal action is pending \nIf the Commission has instituted a civil action for violation of this section or a regulation promulgated thereunder, no State attorney general, or official or agency of a State, may bring a separate action under subparagraph (A) during the pendency of that action against any defendant named in the complaint of the Commission for any violation of this section or a regulation promulgated thereunder that is alleged in the complaint. A State attorney general, or official or agency of a State, may join a civil action for a violation of this section or a regulation promulgated thereunder filed by the Commission. (E) Rule of construction \nFor purposes of bringing a civil action under subparagraph (A), nothing in this section shall be construed to prevent the chief law enforcement officer or official or agency of a State, from exercising the powers conferred on such chief law enforcement officer or official or agency of a State, by the laws of the State to conduct investigations, administer oaths or affirmations, or compel the attendance of witnesses or the production of documentary and other evidence.", "id": "H39DE888EB5AE491892BC91A261921277", "header": "Enforcement", "nested": [], "links": [ { "text": "15 U.S.C. 57a(a)(1)(B)", "legal-doc": "usc", "parsable-cite": "usc/15/57a" }, { "text": "15 U.S.C. 41 et seq.", "legal-doc": "usc", "parsable-cite": "usc/15/41" }, { "text": "15 U.S.C. 41 et seq.", "legal-doc": "usc", "parsable-cite": "usc/15/41" } ] }, { "text": "(i) Definitions \nIn this section: (1) Covered entity \n(A) In general \nThe term covered entity means— (i) a provider of short-term lodging or an entity that advertises rates or the purchase of short-term lodging; (ii) a provider of a ticketing service that sells tickets for an event or retains the authority to otherwise distribute tickets for such event, whether as a primary seller of tickets or in the secondary marketplace for ticket sales; or (iii) any other entity determined appropriate by the Commission through a rulemaking in accordance with section 553 of title 5, United States Code. (B) Short-term lodging \nFor purposes of subparagraph (A), the term short-term lodging means any lodging that is offered for an occupancy of less than 6 months. (2) Mandatory fee \nThe term mandatory fee includes— (A) any fee or surcharge that a consumer is required to pay to purchase a good or service being advertised; (B) a fee or surcharge that is not reasonably avoidable; (C) a fee or surcharge for a good or service that a reasonable consumer would not expect to be included with the purchase of the good or service being advertised; or (D) any other fee or surcharge determined appropriate by the Commission.", "id": "H1B990D751429498FAF8DDBA6273A5E63", "header": "Definitions", "nested": [], "links": [] } ], "links": [ { "text": "15 U.S.C. 57a(a)(1)(B)", "legal-doc": "usc", "parsable-cite": "usc/15/57a" }, { "text": "15 U.S.C. 41 et seq.", "legal-doc": "usc", "parsable-cite": "usc/15/41" }, { "text": "15 U.S.C. 41 et seq.", "legal-doc": "usc", "parsable-cite": "usc/15/41" } ] }, { "text": "3. Communications service fees \n(a) Ending early termination fees \n(1) In general \nA provider of a covered service may not charge a fee to, or impose a requirement that is excessive or unreasonable on, a consumer for the early termination of a covered service. (2) Device purchase and return \nSubsection (a) shall not prevent a provider of a covered service from charging a consumer for— (A) the cost of rental or loan equipment that is not returned to the provider within a reasonable period of time; or (B) the outstanding cost of a purchased device. (3) Regulations \nThe Federal Communications Commission may promulgate regulations to carry out this subsection. (b) Rulemaking on mandatory fees \nNot later than 180 days after the date of enactment of this Act, the Federal Communications Commission shall commence a rulemaking proceeding— (1) to consider whether and how the Federal Communications Commission should— (A) require the disclosure of mandatory fees with respect to a covered service; or (B) prohibit the imposition of mandatory fees with respect to a covered service, in particular any such fee that a consumer would reasonably assume to be included in the advertised price of such service; and (2) in which the Federal Communications Commission may promulgate regulations to implement the requirements or prohibitions described in paragraph (1). (c) Enforcement \n(1) In general \nA violation of this section or a regulation promulgated under this section shall be treated as a violation of the Communications Act of 1934 ( 47 U.S.C. 151 et seq. ) or a regulation promulgated under that Act. (2) Manner of enforcement \nThe Federal Communications Commission shall enforce this section and the regulations promulgated under this section in the same manner, by the same means, and with the same jurisdiction, powers, and duties as though all applicable terms and provisions of the Communications Act of 1934 ( 47 U.S.C. 151 et seq. ) were incorporated into and made a part of this section. (d) Definitions \nIn this section: (1) Covered service \nThe term covered service — (A) means— (i) internet service; (ii) voice service (as defined in section 227(e)(8) of the Communications Act of 1934 ( 47 U.S.C. 227(e)(8) ); (iii) commercial mobile service (as defined in section 332(d) of the Communications Act of 1934 ( 47 U.S.C. 332(d) ); (iv) commercial mobile data service (as defined in section 6001 of the Middle Class Tax Relief and Job Creation Act of 2012 ( 47 U.S.C. 1401 )); or (v) a service provided by a multichannel video programming distributor (as defined in section 602 of the Communications Act of 1934 ( 47 U.S.C. 522 )), to the extent that such distributor is acting as a multichannel video programming distributor; and (B) includes any other service offered or provided as part of a bundle or package with any service described in clauses (i) through (v) of subparagraph (A). (2) Mandatory fee \nThe term mandatory fee includes— (A) any fee or surcharge that a consumer is required to pay to purchase a good or service being advertised; (B) a fee or surcharge that is not reasonably avoidable; (C) a fee or surcharge for a good or service that a reasonable consumer would not expect to be included with the purchase of the good or service being advertised; or (D) any other fee or surcharge determined appropriate by the Federal Communications Commission.", "id": "HBC18916AD7DC4EEABE4DAFD716617C6E", "header": "Communications service fees", "nested": [ { "text": "(a) Ending early termination fees \n(1) In general \nA provider of a covered service may not charge a fee to, or impose a requirement that is excessive or unreasonable on, a consumer for the early termination of a covered service. (2) Device purchase and return \nSubsection (a) shall not prevent a provider of a covered service from charging a consumer for— (A) the cost of rental or loan equipment that is not returned to the provider within a reasonable period of time; or (B) the outstanding cost of a purchased device. (3) Regulations \nThe Federal Communications Commission may promulgate regulations to carry out this subsection.", "id": "HD6A9EFCA06D94653AB5B6A12A9BD7061", "header": "Ending early termination fees", "nested": [], "links": [] }, { "text": "(b) Rulemaking on mandatory fees \nNot later than 180 days after the date of enactment of this Act, the Federal Communications Commission shall commence a rulemaking proceeding— (1) to consider whether and how the Federal Communications Commission should— (A) require the disclosure of mandatory fees with respect to a covered service; or (B) prohibit the imposition of mandatory fees with respect to a covered service, in particular any such fee that a consumer would reasonably assume to be included in the advertised price of such service; and (2) in which the Federal Communications Commission may promulgate regulations to implement the requirements or prohibitions described in paragraph (1).", "id": "HF71683FDAE1C4EDBA6393F6FA304B97D", "header": "Rulemaking on mandatory fees", "nested": [], "links": [] }, { "text": "(c) Enforcement \n(1) In general \nA violation of this section or a regulation promulgated under this section shall be treated as a violation of the Communications Act of 1934 ( 47 U.S.C. 151 et seq. ) or a regulation promulgated under that Act. (2) Manner of enforcement \nThe Federal Communications Commission shall enforce this section and the regulations promulgated under this section in the same manner, by the same means, and with the same jurisdiction, powers, and duties as though all applicable terms and provisions of the Communications Act of 1934 ( 47 U.S.C. 151 et seq. ) were incorporated into and made a part of this section.", "id": "H75F84949C2E1429583CBA56F676DE3A5", "header": "Enforcement", "nested": [], "links": [ { "text": "47 U.S.C. 151 et seq.", "legal-doc": "usc", "parsable-cite": "usc/47/151" }, { "text": "47 U.S.C. 151 et seq.", "legal-doc": "usc", "parsable-cite": "usc/47/151" } ] }, { "text": "(d) Definitions \nIn this section: (1) Covered service \nThe term covered service — (A) means— (i) internet service; (ii) voice service (as defined in section 227(e)(8) of the Communications Act of 1934 ( 47 U.S.C. 227(e)(8) ); (iii) commercial mobile service (as defined in section 332(d) of the Communications Act of 1934 ( 47 U.S.C. 332(d) ); (iv) commercial mobile data service (as defined in section 6001 of the Middle Class Tax Relief and Job Creation Act of 2012 ( 47 U.S.C. 1401 )); or (v) a service provided by a multichannel video programming distributor (as defined in section 602 of the Communications Act of 1934 ( 47 U.S.C. 522 )), to the extent that such distributor is acting as a multichannel video programming distributor; and (B) includes any other service offered or provided as part of a bundle or package with any service described in clauses (i) through (v) of subparagraph (A). (2) Mandatory fee \nThe term mandatory fee includes— (A) any fee or surcharge that a consumer is required to pay to purchase a good or service being advertised; (B) a fee or surcharge that is not reasonably avoidable; (C) a fee or surcharge for a good or service that a reasonable consumer would not expect to be included with the purchase of the good or service being advertised; or (D) any other fee or surcharge determined appropriate by the Federal Communications Commission.", "id": "H85650127713641C88B2E1FFE398529A6", "header": "Definitions", "nested": [], "links": [ { "text": "47 U.S.C. 227(e)(8)", "legal-doc": "usc", "parsable-cite": "usc/47/227" }, { "text": "47 U.S.C. 332(d)", "legal-doc": "usc", "parsable-cite": "usc/47/332" }, { "text": "47 U.S.C. 1401", "legal-doc": "usc", "parsable-cite": "usc/47/1401" }, { "text": "47 U.S.C. 522", "legal-doc": "usc", "parsable-cite": "usc/47/522" } ] } ], "links": [ { "text": "47 U.S.C. 151 et seq.", "legal-doc": "usc", "parsable-cite": "usc/47/151" }, { "text": "47 U.S.C. 151 et seq.", "legal-doc": "usc", "parsable-cite": "usc/47/151" }, { "text": "47 U.S.C. 227(e)(8)", "legal-doc": "usc", "parsable-cite": "usc/47/227" }, { "text": "47 U.S.C. 332(d)", "legal-doc": "usc", "parsable-cite": "usc/47/332" }, { "text": "47 U.S.C. 1401", "legal-doc": "usc", "parsable-cite": "usc/47/1401" }, { "text": "47 U.S.C. 522", "legal-doc": "usc", "parsable-cite": "usc/47/522" } ] }, { "text": "4. Seating young children adjacent to an accompanying adult passenger \n(a) In general \nSubchapter I of chapter 417 of title 49, United States Code is amended by adding at the end the following: 41727. Seating young children adjacent to an accompanying adult on aircraft. \n(a) Applicability \nThe requirements of this section apply for the purposes of each scheduled flight segment to or from any airport in the United States. (b) General requirement \n(1) Assigned seats \nSubject to subsection (f), an air carrier or foreign air carrier that assigns seats, or allows individuals to select seats, in advance of the date of departure of a flight shall seat each young child adjacent to an accompanying adult, provided that adjacent seat assignments are available at any time after the ticket is issued for the young child and before the first passenger boards the flight. (2) Unassigned seats \nSubject to subsection (f), an air carrier or foreign air carrier that does not assign seats or allow individuals to select seats in advance of the date of departure shall board customers in a manner that ensures each young child is seated adjacent to an accompanying adult. (3) Prohibition on fees \n(A) In general \nAn air carrier or foreign air carrier may not charge a fee or impose an additional cost to seat a young child adjacent to an accompanying adult within the same class of service. (B) Class of service requirement \nEvery class of service an air carrier or foreign air carrier offers must allow for seating of a young child adjacent to an accompanying adult. (C) Prohibition on availability limits \nAn air carrier or foreign air carrier may not limit the availability of adjacent seats in a manner that results in an undue burden on the ability of a young child to receive an advance seat assignment adjacent to an accompanying adult. (c) Additional requirements for advance seating \n(1) In general \nSubject to subsection (f), an air carrier or foreign air carrier that allows individuals to select seats or that assigns seats at the time of booking a flight shall provide, not later than 48 hours after the issuance of the ticket for each young child— (A) a seat assignment for the young child adjacent to the seat assignment of an accompanying adult for each flight segment of the ticket at no additional cost, provided that adjacent seat assignments are available; or (B) in the event that adjacent seat assignments are not available as described in subparagraph (A), an accompanying adult the choice of— (i) a full refund of the cost of the tickets for the young child and the accompanying adult, as well as any other individual on the same reservation; or (ii) waiting for adjacent seat assignments to be provided by the carrier. (2) Required option period \nThe air carrier or foreign air carrier shall provide the accompanying adult a period of not less than 7 days from the date of notification of the choice described in paragraph (1)(B) to make a selection between the options described in clauses (i) and (ii) of such paragraph. (3) No available adjacent seat assignment \nIn the event that an accompanying adult chooses the option described in paragraph (1)(B)(ii) and adjacent seat assignments for the young child and the accompanying adult on a ticketed flight segment do not become available before the first passenger boards the flight, the air carrier or foreign air carrier shall, at the choice of an accompanying adult— (A) rebook the young child and the accompanying adult, as well as any other individual on the same reservation, on the next available flight at no additional cost; or (B) transport the young child and the accompanying adult on their original ticketed flight segment in seats that are not adjacent, when seats on the aircraft are available. (d) Additional requirements To mitigate passenger harm in event of violation \nAn air carrier or foreign air carrier that violates subsection (b) or (c) shall, at the choice of an accompanying adult— (1) rebook the young child and the accompanying adult, as well as any other individual on the same reservation, on the next available flight at no additional cost; (2) provide— (A) a full refund of the cost of the tickets for the young child and the accompanying adult, as well as any other individual on the same reservation; and (B) if such individuals are at a connecting airport, return air transportation for such individuals to their origination airport at no additional cost; or (3) transport the young child and the accompanying adult on their original ticketed flight segment in seats that are not adjacent, when seats on the aircraft are available. (e) Enforcement \n(1) In general \nAn air carrier or foreign air carrier that violates a requirement of this section is subject to civil penalties as set forth in section 46301 and other applicable remedies under this part. (2) Investigations of complaints \n(A) In general \nThe Secretary shall promptly investigate each complaint alleging a violation of this section that is received by the Department of Transportation. (B) Publication of data \nThe Secretary shall publish data on complaints alleging violations of this section in a manner comparable to other consumer complaint data. (f) Exceptions \nSubsections (b) and (c) shall not apply to the extent that— (1) the young child does not have an accompanying adult traveling with such child; (2) an accompanying adult selects a seat apart from the young child or declines to accept a seat assignment or a seat that is adjacent to the seat assignment or seat of the young child offered without additional cost by the air carrier or foreign air carrier; (3) the number of young children traveling in the same party make it impossible for the air carrier or foreign air carrier to seat all the young children adjacent to an accompanying adult based on the seat layout of the aircraft; or (4) an exception to subsection (b) or (c) deemed appropriate by final rule of the Secretary applies. (g) Definitions \nIn this section: (1) Accompanying adult \nThe term accompanying adult means, with respect to a young child, an individual who is— (A) 14 years of age or older on the date of the scheduled departure of the flight; and (B) on the same reservation record as the young child. (2) Adjacent \nThe term adjacent means, with respect to the seat of a young child, a seat that is— (A) next to and in the same row of the aircraft as the seat of the young child; and (B) not separated by an aisle. (3) Available \nThe term available , when used in connection with seats or seat assignments, means capable of assignment by the air carrier or foreign air carrier without— (A) an upgrade of a young child or an accompanying adult to a different class of service than ticketed; and (B) displacing an individual with an assigned seat. (4) Class of service \nThe term class of service means first class, business class, general economy (including basic economy), or premium economy. (5) No additional cost \nThe term no additional cost means no added charge for the seat beyond the fare. (6) Secretary \nThe term Secretary means the Secretary of Transportation. (7) Young child \nThe term young child means an individual who is 13 years of age or younger on the date of the scheduled departure of the flight. (h) Regulations \nThe Secretary may issue regulations to implement this section, including regulations that amend the definitions in subsection (g). (i) Effective date \nThis section shall take effect on the date that is 180 days after the date of the enactment of the this section.. (b) Clerical amendment \nThe analysis of chapter 417 of title 49, United States Code, is amended by inserting after the item relating to section 41726 the following: 41727. Seating young children adjacent to an accompanying adult on aircraft.. (c) Repeal of FAA Extension, Safety, and Security Act of 2016 family seating provision \nSection 2309 of the FAA Extension, Safety, and Security Act of 2016 ( 49 U.S.C. 42301 note prec.) is repealed.", "id": "H7730FE5577CD45429A97FD4C9BDE2CFA", "header": "Seating young children adjacent to an accompanying adult passenger", "nested": [ { "text": "(a) In general \nSubchapter I of chapter 417 of title 49, United States Code is amended by adding at the end the following: 41727. Seating young children adjacent to an accompanying adult on aircraft. \n(a) Applicability \nThe requirements of this section apply for the purposes of each scheduled flight segment to or from any airport in the United States. (b) General requirement \n(1) Assigned seats \nSubject to subsection (f), an air carrier or foreign air carrier that assigns seats, or allows individuals to select seats, in advance of the date of departure of a flight shall seat each young child adjacent to an accompanying adult, provided that adjacent seat assignments are available at any time after the ticket is issued for the young child and before the first passenger boards the flight. (2) Unassigned seats \nSubject to subsection (f), an air carrier or foreign air carrier that does not assign seats or allow individuals to select seats in advance of the date of departure shall board customers in a manner that ensures each young child is seated adjacent to an accompanying adult. (3) Prohibition on fees \n(A) In general \nAn air carrier or foreign air carrier may not charge a fee or impose an additional cost to seat a young child adjacent to an accompanying adult within the same class of service. (B) Class of service requirement \nEvery class of service an air carrier or foreign air carrier offers must allow for seating of a young child adjacent to an accompanying adult. (C) Prohibition on availability limits \nAn air carrier or foreign air carrier may not limit the availability of adjacent seats in a manner that results in an undue burden on the ability of a young child to receive an advance seat assignment adjacent to an accompanying adult. (c) Additional requirements for advance seating \n(1) In general \nSubject to subsection (f), an air carrier or foreign air carrier that allows individuals to select seats or that assigns seats at the time of booking a flight shall provide, not later than 48 hours after the issuance of the ticket for each young child— (A) a seat assignment for the young child adjacent to the seat assignment of an accompanying adult for each flight segment of the ticket at no additional cost, provided that adjacent seat assignments are available; or (B) in the event that adjacent seat assignments are not available as described in subparagraph (A), an accompanying adult the choice of— (i) a full refund of the cost of the tickets for the young child and the accompanying adult, as well as any other individual on the same reservation; or (ii) waiting for adjacent seat assignments to be provided by the carrier. (2) Required option period \nThe air carrier or foreign air carrier shall provide the accompanying adult a period of not less than 7 days from the date of notification of the choice described in paragraph (1)(B) to make a selection between the options described in clauses (i) and (ii) of such paragraph. (3) No available adjacent seat assignment \nIn the event that an accompanying adult chooses the option described in paragraph (1)(B)(ii) and adjacent seat assignments for the young child and the accompanying adult on a ticketed flight segment do not become available before the first passenger boards the flight, the air carrier or foreign air carrier shall, at the choice of an accompanying adult— (A) rebook the young child and the accompanying adult, as well as any other individual on the same reservation, on the next available flight at no additional cost; or (B) transport the young child and the accompanying adult on their original ticketed flight segment in seats that are not adjacent, when seats on the aircraft are available. (d) Additional requirements To mitigate passenger harm in event of violation \nAn air carrier or foreign air carrier that violates subsection (b) or (c) shall, at the choice of an accompanying adult— (1) rebook the young child and the accompanying adult, as well as any other individual on the same reservation, on the next available flight at no additional cost; (2) provide— (A) a full refund of the cost of the tickets for the young child and the accompanying adult, as well as any other individual on the same reservation; and (B) if such individuals are at a connecting airport, return air transportation for such individuals to their origination airport at no additional cost; or (3) transport the young child and the accompanying adult on their original ticketed flight segment in seats that are not adjacent, when seats on the aircraft are available. (e) Enforcement \n(1) In general \nAn air carrier or foreign air carrier that violates a requirement of this section is subject to civil penalties as set forth in section 46301 and other applicable remedies under this part. (2) Investigations of complaints \n(A) In general \nThe Secretary shall promptly investigate each complaint alleging a violation of this section that is received by the Department of Transportation. (B) Publication of data \nThe Secretary shall publish data on complaints alleging violations of this section in a manner comparable to other consumer complaint data. (f) Exceptions \nSubsections (b) and (c) shall not apply to the extent that— (1) the young child does not have an accompanying adult traveling with such child; (2) an accompanying adult selects a seat apart from the young child or declines to accept a seat assignment or a seat that is adjacent to the seat assignment or seat of the young child offered without additional cost by the air carrier or foreign air carrier; (3) the number of young children traveling in the same party make it impossible for the air carrier or foreign air carrier to seat all the young children adjacent to an accompanying adult based on the seat layout of the aircraft; or (4) an exception to subsection (b) or (c) deemed appropriate by final rule of the Secretary applies. (g) Definitions \nIn this section: (1) Accompanying adult \nThe term accompanying adult means, with respect to a young child, an individual who is— (A) 14 years of age or older on the date of the scheduled departure of the flight; and (B) on the same reservation record as the young child. (2) Adjacent \nThe term adjacent means, with respect to the seat of a young child, a seat that is— (A) next to and in the same row of the aircraft as the seat of the young child; and (B) not separated by an aisle. (3) Available \nThe term available , when used in connection with seats or seat assignments, means capable of assignment by the air carrier or foreign air carrier without— (A) an upgrade of a young child or an accompanying adult to a different class of service than ticketed; and (B) displacing an individual with an assigned seat. (4) Class of service \nThe term class of service means first class, business class, general economy (including basic economy), or premium economy. (5) No additional cost \nThe term no additional cost means no added charge for the seat beyond the fare. (6) Secretary \nThe term Secretary means the Secretary of Transportation. (7) Young child \nThe term young child means an individual who is 13 years of age or younger on the date of the scheduled departure of the flight. (h) Regulations \nThe Secretary may issue regulations to implement this section, including regulations that amend the definitions in subsection (g). (i) Effective date \nThis section shall take effect on the date that is 180 days after the date of the enactment of the this section..", "id": "HF848F1D7656D4361A241CEFE3A9084E2", "header": "In general", "nested": [], "links": [ { "text": "chapter 417", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/49/417" } ] }, { "text": "(b) Clerical amendment \nThe analysis of chapter 417 of title 49, United States Code, is amended by inserting after the item relating to section 41726 the following: 41727. Seating young children adjacent to an accompanying adult on aircraft..", "id": "H5D68154AE0A840828F586F101D45BEC7", "header": "Clerical amendment", "nested": [], "links": [ { "text": "chapter 417", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/49/417" }, { "text": "section 41726", "legal-doc": "usc", "parsable-cite": "usc/49/41726" } ] }, { "text": "(c) Repeal of FAA Extension, Safety, and Security Act of 2016 family seating provision \nSection 2309 of the FAA Extension, Safety, and Security Act of 2016 ( 49 U.S.C. 42301 note prec.) is repealed.", "id": "H580FA89CA4B04526B830519F3358E394", "header": "Repeal of FAA Extension, Safety, and Security Act of 2016 family seating provision", "nested": [], "links": [ { "text": "49 U.S.C. 42301", "legal-doc": "usc", "parsable-cite": "usc/49/42301" } ] } ], "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 41726", "legal-doc": "usc", "parsable-cite": "usc/49/41726" }, { "text": "49 U.S.C. 42301", "legal-doc": "usc", "parsable-cite": "usc/49/42301" } ] }, { "text": "41727. Seating young children adjacent to an accompanying adult on aircraft. \n(a) Applicability \nThe requirements of this section apply for the purposes of each scheduled flight segment to or from any airport in the United States. (b) General requirement \n(1) Assigned seats \nSubject to subsection (f), an air carrier or foreign air carrier that assigns seats, or allows individuals to select seats, in advance of the date of departure of a flight shall seat each young child adjacent to an accompanying adult, provided that adjacent seat assignments are available at any time after the ticket is issued for the young child and before the first passenger boards the flight. (2) Unassigned seats \nSubject to subsection (f), an air carrier or foreign air carrier that does not assign seats or allow individuals to select seats in advance of the date of departure shall board customers in a manner that ensures each young child is seated adjacent to an accompanying adult. (3) Prohibition on fees \n(A) In general \nAn air carrier or foreign air carrier may not charge a fee or impose an additional cost to seat a young child adjacent to an accompanying adult within the same class of service. (B) Class of service requirement \nEvery class of service an air carrier or foreign air carrier offers must allow for seating of a young child adjacent to an accompanying adult. (C) Prohibition on availability limits \nAn air carrier or foreign air carrier may not limit the availability of adjacent seats in a manner that results in an undue burden on the ability of a young child to receive an advance seat assignment adjacent to an accompanying adult. (c) Additional requirements for advance seating \n(1) In general \nSubject to subsection (f), an air carrier or foreign air carrier that allows individuals to select seats or that assigns seats at the time of booking a flight shall provide, not later than 48 hours after the issuance of the ticket for each young child— (A) a seat assignment for the young child adjacent to the seat assignment of an accompanying adult for each flight segment of the ticket at no additional cost, provided that adjacent seat assignments are available; or (B) in the event that adjacent seat assignments are not available as described in subparagraph (A), an accompanying adult the choice of— (i) a full refund of the cost of the tickets for the young child and the accompanying adult, as well as any other individual on the same reservation; or (ii) waiting for adjacent seat assignments to be provided by the carrier. (2) Required option period \nThe air carrier or foreign air carrier shall provide the accompanying adult a period of not less than 7 days from the date of notification of the choice described in paragraph (1)(B) to make a selection between the options described in clauses (i) and (ii) of such paragraph. (3) No available adjacent seat assignment \nIn the event that an accompanying adult chooses the option described in paragraph (1)(B)(ii) and adjacent seat assignments for the young child and the accompanying adult on a ticketed flight segment do not become available before the first passenger boards the flight, the air carrier or foreign air carrier shall, at the choice of an accompanying adult— (A) rebook the young child and the accompanying adult, as well as any other individual on the same reservation, on the next available flight at no additional cost; or (B) transport the young child and the accompanying adult on their original ticketed flight segment in seats that are not adjacent, when seats on the aircraft are available. (d) Additional requirements To mitigate passenger harm in event of violation \nAn air carrier or foreign air carrier that violates subsection (b) or (c) shall, at the choice of an accompanying adult— (1) rebook the young child and the accompanying adult, as well as any other individual on the same reservation, on the next available flight at no additional cost; (2) provide— (A) a full refund of the cost of the tickets for the young child and the accompanying adult, as well as any other individual on the same reservation; and (B) if such individuals are at a connecting airport, return air transportation for such individuals to their origination airport at no additional cost; or (3) transport the young child and the accompanying adult on their original ticketed flight segment in seats that are not adjacent, when seats on the aircraft are available. (e) Enforcement \n(1) In general \nAn air carrier or foreign air carrier that violates a requirement of this section is subject to civil penalties as set forth in section 46301 and other applicable remedies under this part. (2) Investigations of complaints \n(A) In general \nThe Secretary shall promptly investigate each complaint alleging a violation of this section that is received by the Department of Transportation. (B) Publication of data \nThe Secretary shall publish data on complaints alleging violations of this section in a manner comparable to other consumer complaint data. (f) Exceptions \nSubsections (b) and (c) shall not apply to the extent that— (1) the young child does not have an accompanying adult traveling with such child; (2) an accompanying adult selects a seat apart from the young child or declines to accept a seat assignment or a seat that is adjacent to the seat assignment or seat of the young child offered without additional cost by the air carrier or foreign air carrier; (3) the number of young children traveling in the same party make it impossible for the air carrier or foreign air carrier to seat all the young children adjacent to an accompanying adult based on the seat layout of the aircraft; or (4) an exception to subsection (b) or (c) deemed appropriate by final rule of the Secretary applies. (g) Definitions \nIn this section: (1) Accompanying adult \nThe term accompanying adult means, with respect to a young child, an individual who is— (A) 14 years of age or older on the date of the scheduled departure of the flight; and (B) on the same reservation record as the young child. (2) Adjacent \nThe term adjacent means, with respect to the seat of a young child, a seat that is— (A) next to and in the same row of the aircraft as the seat of the young child; and (B) not separated by an aisle. (3) Available \nThe term available , when used in connection with seats or seat assignments, means capable of assignment by the air carrier or foreign air carrier without— (A) an upgrade of a young child or an accompanying adult to a different class of service than ticketed; and (B) displacing an individual with an assigned seat. (4) Class of service \nThe term class of service means first class, business class, general economy (including basic economy), or premium economy. (5) No additional cost \nThe term no additional cost means no added charge for the seat beyond the fare. (6) Secretary \nThe term Secretary means the Secretary of Transportation. (7) Young child \nThe term young child means an individual who is 13 years of age or younger on the date of the scheduled departure of the flight. (h) Regulations \nThe Secretary may issue regulations to implement this section, including regulations that amend the definitions in subsection (g). (i) Effective date \nThis section shall take effect on the date that is 180 days after the date of the enactment of the this section.", "id": "H67E97B22B4974F55A4F63C27BED04C69", "header": " Seating young children adjacent to an accompanying adult on aircraft.", "nested": [ { "text": "(a) Applicability \nThe requirements of this section apply for the purposes of each scheduled flight segment to or from any airport in the United States.", "id": "H63E3D5930FCD473D938112FAC1AE3EA5", "header": "Applicability", "nested": [], "links": [] }, { "text": "(b) General requirement \n(1) Assigned seats \nSubject to subsection (f), an air carrier or foreign air carrier that assigns seats, or allows individuals to select seats, in advance of the date of departure of a flight shall seat each young child adjacent to an accompanying adult, provided that adjacent seat assignments are available at any time after the ticket is issued for the young child and before the first passenger boards the flight. (2) Unassigned seats \nSubject to subsection (f), an air carrier or foreign air carrier that does not assign seats or allow individuals to select seats in advance of the date of departure shall board customers in a manner that ensures each young child is seated adjacent to an accompanying adult. (3) Prohibition on fees \n(A) In general \nAn air carrier or foreign air carrier may not charge a fee or impose an additional cost to seat a young child adjacent to an accompanying adult within the same class of service. (B) Class of service requirement \nEvery class of service an air carrier or foreign air carrier offers must allow for seating of a young child adjacent to an accompanying adult. (C) Prohibition on availability limits \nAn air carrier or foreign air carrier may not limit the availability of adjacent seats in a manner that results in an undue burden on the ability of a young child to receive an advance seat assignment adjacent to an accompanying adult.", "id": "H3B09924CF7C149BA9CA4FA5C0ADE9F93", "header": "General requirement", "nested": [], "links": [] }, { "text": "(c) Additional requirements for advance seating \n(1) In general \nSubject to subsection (f), an air carrier or foreign air carrier that allows individuals to select seats or that assigns seats at the time of booking a flight shall provide, not later than 48 hours after the issuance of the ticket for each young child— (A) a seat assignment for the young child adjacent to the seat assignment of an accompanying adult for each flight segment of the ticket at no additional cost, provided that adjacent seat assignments are available; or (B) in the event that adjacent seat assignments are not available as described in subparagraph (A), an accompanying adult the choice of— (i) a full refund of the cost of the tickets for the young child and the accompanying adult, as well as any other individual on the same reservation; or (ii) waiting for adjacent seat assignments to be provided by the carrier. (2) Required option period \nThe air carrier or foreign air carrier shall provide the accompanying adult a period of not less than 7 days from the date of notification of the choice described in paragraph (1)(B) to make a selection between the options described in clauses (i) and (ii) of such paragraph. (3) No available adjacent seat assignment \nIn the event that an accompanying adult chooses the option described in paragraph (1)(B)(ii) and adjacent seat assignments for the young child and the accompanying adult on a ticketed flight segment do not become available before the first passenger boards the flight, the air carrier or foreign air carrier shall, at the choice of an accompanying adult— (A) rebook the young child and the accompanying adult, as well as any other individual on the same reservation, on the next available flight at no additional cost; or (B) transport the young child and the accompanying adult on their original ticketed flight segment in seats that are not adjacent, when seats on the aircraft are available.", "id": "H2BD03BDBA9B244828FD6CD624FD79B6E", "header": "Additional requirements for advance seating", "nested": [], "links": [] }, { "text": "(d) Additional requirements To mitigate passenger harm in event of violation \nAn air carrier or foreign air carrier that violates subsection (b) or (c) shall, at the choice of an accompanying adult— (1) rebook the young child and the accompanying adult, as well as any other individual on the same reservation, on the next available flight at no additional cost; (2) provide— (A) a full refund of the cost of the tickets for the young child and the accompanying adult, as well as any other individual on the same reservation; and (B) if such individuals are at a connecting airport, return air transportation for such individuals to their origination airport at no additional cost; or (3) transport the young child and the accompanying adult on their original ticketed flight segment in seats that are not adjacent, when seats on the aircraft are available.", "id": "H28DD4AE9AA9E441DB8EE0688F9ADD0F6", "header": "Additional requirements To mitigate passenger harm in event of violation", "nested": [], "links": [] }, { "text": "(e) Enforcement \n(1) In general \nAn air carrier or foreign air carrier that violates a requirement of this section is subject to civil penalties as set forth in section 46301 and other applicable remedies under this part. (2) Investigations of complaints \n(A) In general \nThe Secretary shall promptly investigate each complaint alleging a violation of this section that is received by the Department of Transportation. (B) Publication of data \nThe Secretary shall publish data on complaints alleging violations of this section in a manner comparable to other consumer complaint data.", "id": "H95F5EDB52C1E4830B8ED7F0C14DF81A5", "header": "Enforcement", "nested": [], "links": [] }, { "text": "(f) Exceptions \nSubsections (b) and (c) shall not apply to the extent that— (1) the young child does not have an accompanying adult traveling with such child; (2) an accompanying adult selects a seat apart from the young child or declines to accept a seat assignment or a seat that is adjacent to the seat assignment or seat of the young child offered without additional cost by the air carrier or foreign air carrier; (3) the number of young children traveling in the same party make it impossible for the air carrier or foreign air carrier to seat all the young children adjacent to an accompanying adult based on the seat layout of the aircraft; or (4) an exception to subsection (b) or (c) deemed appropriate by final rule of the Secretary applies.", "id": "H1C90BEECD5994F7A80A379800A57AF87", "header": "Exceptions", "nested": [], "links": [] }, { "text": "(g) Definitions \nIn this section: (1) Accompanying adult \nThe term accompanying adult means, with respect to a young child, an individual who is— (A) 14 years of age or older on the date of the scheduled departure of the flight; and (B) on the same reservation record as the young child. (2) Adjacent \nThe term adjacent means, with respect to the seat of a young child, a seat that is— (A) next to and in the same row of the aircraft as the seat of the young child; and (B) not separated by an aisle. (3) Available \nThe term available , when used in connection with seats or seat assignments, means capable of assignment by the air carrier or foreign air carrier without— (A) an upgrade of a young child or an accompanying adult to a different class of service than ticketed; and (B) displacing an individual with an assigned seat. (4) Class of service \nThe term class of service means first class, business class, general economy (including basic economy), or premium economy. (5) No additional cost \nThe term no additional cost means no added charge for the seat beyond the fare. (6) Secretary \nThe term Secretary means the Secretary of Transportation. (7) Young child \nThe term young child means an individual who is 13 years of age or younger on the date of the scheduled departure of the flight.", "id": "H59C264718711498B9D885E868FAA70F9", "header": "Definitions", "nested": [], "links": [] }, { "text": "(h) Regulations \nThe Secretary may issue regulations to implement this section, including regulations that amend the definitions in subsection (g).", "id": "H3AEE52592EBF4EC28C73D921B74CED4E", "header": "Regulations", "nested": [], "links": [] }, { "text": "(i) Effective date \nThis section shall take effect on the date that is 180 days after the date of the enactment of the this section.", "id": "H748743D126E14252AAC3F56F8494040B", "header": "Effective date", "nested": [], "links": [] } ], "links": [] } ]
5
1. Short title This Act may be cited as the Junk Fee Prevention Act. 2. Protecting consumers from excessive and hidden fees (a) Protecting consumers from hidden fees A covered entity shall clearly and conspicuously display, in each advertisement and when a price is first shown to a consumer, the total price of the good or service provided by the covered entity, including any mandatory fees a consumer would incur during the transaction, which shall not change during the purchase process. (b) Excessive fees A covered entity shall not impose on a consumer or advertise any mandatory fees that are excessive or deceptive for any good or service offered by the covered entity. (c) Ticket holdbacks If a good or service provided by a covered entity is a ticket to a sporting event, theater, musical performance, or an event at a place of public amusement of any kind, the covered entity shall, not less than 72 hours prior to the first public sale or presale of such ticket, clearly and conspicuously disclose to the public, including at the point of sale, the total number of tickets offered for sale by the covered entity or available for the given event. (d) Protecting refunds A covered entity shall clearly and conspicuously disclose any guarantee or refund policy prior to the completion of a transaction by the consumer and, in the event of a refund, provide a refund in the amount of the total cost of the ticket including any mandatory fees. (e) Speculative ticketing If a covered entity does not possess a ticket at the time of the sale, it shall provide to the consumer— (1) a clear and conspicuous notice that the covered entity does not possess the ticket; and (2) a full refund if the covered entity cannot provide the ticket advertised to the consumer in a timely manner prior to the event. (f) Rulemaking on excessive and hidden fees The Federal Trade Commission may promulgate rules in accordance with section 553 of title 5, United States Code, regarding the disclosure and imposition of mandatory or deceptive fees, including any such fee not described in subsections (a) through (e). (g) Excessive fees In considering whether a mandatory fee is excessive, the Federal Trade Commission or court shall take into consideration— (1) whether the fee is reasonable and proportional to the cost of the good or service provided by the covered entity; (2) the reason for which the covered entity charges such fee; and (3) any other factors determined appropriate by the Federal Trade Commission or the court. (h) Enforcement (1) Enforcement by the Commission (A) Unfair or deceptive acts or practices A violation this section or a regulation promulgated thereunder shall be treated as a violation of a rule defining an unfair or deceptive act or practice under section 18(a)(1)(B) of the Federal Trade Commission Act ( 15 U.S.C. 57a(a)(1)(B) ). (B) Powers of the Commission (i) In general The Federal Trade Commission shall enforce this section in the same manner, by the same means, and with the same jurisdiction, powers, and duties as though all applicable terms and provisions of the Federal Trade Commission Act ( 15 U.S.C. 41 et seq. ) were incorporated into and made a part of this section. (ii) Privileges and immunities Any person who violates this section or a regulation promulgated thereunder shall be subject to the penalties and entitled to the privileges and immunities provided in the Federal Trade Commission Act ( 15 U.S.C. 41 et seq. ). (iii) Authority preserved Nothing in this section shall be construed to limit the authority of the Federal Trade Commission under any other provision of law. (2) Enforcement by States (A) In general If the attorney general of a State has reason to believe that a covered entity has violated or is violating this section or a regulation promulgated thereunder that affects the residents of that State, the State, as parens patriae, may bring a civil action in any appropriate district court of the United States, to— (i) enjoin any further violation by the covered entity; (ii) enforce compliance with this section or such regulation; (iii) obtain other remedies permitted under State law; and (iv) obtain damages, restitution, or other compensation on behalf of residents of the State. (B) Notice The attorney general of a State shall provide prior written notice of any action under subparagraph (A) to the Commission and provide the Commission with a copy of the complaint in the action, except in any case in which such prior notice is not feasible, in which case the attorney general shall serve such notice immediately upon instituting such action. (C) Intervention by the Commission Upon receiving notice under subparagraph (B), the Commission shall have the right— (i) to intervene in the action; (ii) upon so intervening, to be heard on all matters arising therein; and (iii) to file petitions for appeal. (D) Limitation on State action while Federal action is pending If the Commission has instituted a civil action for violation of this section or a regulation promulgated thereunder, no State attorney general, or official or agency of a State, may bring a separate action under subparagraph (A) during the pendency of that action against any defendant named in the complaint of the Commission for any violation of this section or a regulation promulgated thereunder that is alleged in the complaint. A State attorney general, or official or agency of a State, may join a civil action for a violation of this section or a regulation promulgated thereunder filed by the Commission. (E) Rule of construction For purposes of bringing a civil action under subparagraph (A), nothing in this section shall be construed to prevent the chief law enforcement officer or official or agency of a State, from exercising the powers conferred on such chief law enforcement officer or official or agency of a State, by the laws of the State to conduct investigations, administer oaths or affirmations, or compel the attendance of witnesses or the production of documentary and other evidence. (i) Definitions In this section: (1) Covered entity (A) In general The term covered entity means— (i) a provider of short-term lodging or an entity that advertises rates or the purchase of short-term lodging; (ii) a provider of a ticketing service that sells tickets for an event or retains the authority to otherwise distribute tickets for such event, whether as a primary seller of tickets or in the secondary marketplace for ticket sales; or (iii) any other entity determined appropriate by the Commission through a rulemaking in accordance with section 553 of title 5, United States Code. (B) Short-term lodging For purposes of subparagraph (A), the term short-term lodging means any lodging that is offered for an occupancy of less than 6 months. (2) Mandatory fee The term mandatory fee includes— (A) any fee or surcharge that a consumer is required to pay to purchase a good or service being advertised; (B) a fee or surcharge that is not reasonably avoidable; (C) a fee or surcharge for a good or service that a reasonable consumer would not expect to be included with the purchase of the good or service being advertised; or (D) any other fee or surcharge determined appropriate by the Commission. 3. Communications service fees (a) Ending early termination fees (1) In general A provider of a covered service may not charge a fee to, or impose a requirement that is excessive or unreasonable on, a consumer for the early termination of a covered service. (2) Device purchase and return Subsection (a) shall not prevent a provider of a covered service from charging a consumer for— (A) the cost of rental or loan equipment that is not returned to the provider within a reasonable period of time; or (B) the outstanding cost of a purchased device. (3) Regulations The Federal Communications Commission may promulgate regulations to carry out this subsection. (b) Rulemaking on mandatory fees Not later than 180 days after the date of enactment of this Act, the Federal Communications Commission shall commence a rulemaking proceeding— (1) to consider whether and how the Federal Communications Commission should— (A) require the disclosure of mandatory fees with respect to a covered service; or (B) prohibit the imposition of mandatory fees with respect to a covered service, in particular any such fee that a consumer would reasonably assume to be included in the advertised price of such service; and (2) in which the Federal Communications Commission may promulgate regulations to implement the requirements or prohibitions described in paragraph (1). (c) Enforcement (1) In general A violation of this section or a regulation promulgated under this section shall be treated as a violation of the Communications Act of 1934 ( 47 U.S.C. 151 et seq. ) or a regulation promulgated under that Act. (2) Manner of enforcement The Federal Communications Commission shall enforce this section and the regulations promulgated under this section in the same manner, by the same means, and with the same jurisdiction, powers, and duties as though all applicable terms and provisions of the Communications Act of 1934 ( 47 U.S.C. 151 et seq. ) were incorporated into and made a part of this section. (d) Definitions In this section: (1) Covered service The term covered service — (A) means— (i) internet service; (ii) voice service (as defined in section 227(e)(8) of the Communications Act of 1934 ( 47 U.S.C. 227(e)(8) ); (iii) commercial mobile service (as defined in section 332(d) of the Communications Act of 1934 ( 47 U.S.C. 332(d) ); (iv) commercial mobile data service (as defined in section 6001 of the Middle Class Tax Relief and Job Creation Act of 2012 ( 47 U.S.C. 1401 )); or (v) a service provided by a multichannel video programming distributor (as defined in section 602 of the Communications Act of 1934 ( 47 U.S.C. 522 )), to the extent that such distributor is acting as a multichannel video programming distributor; and (B) includes any other service offered or provided as part of a bundle or package with any service described in clauses (i) through (v) of subparagraph (A). (2) Mandatory fee The term mandatory fee includes— (A) any fee or surcharge that a consumer is required to pay to purchase a good or service being advertised; (B) a fee or surcharge that is not reasonably avoidable; (C) a fee or surcharge for a good or service that a reasonable consumer would not expect to be included with the purchase of the good or service being advertised; or (D) any other fee or surcharge determined appropriate by the Federal Communications Commission. 4. Seating young children adjacent to an accompanying adult passenger (a) In general Subchapter I of chapter 417 of title 49, United States Code is amended by adding at the end the following: 41727. Seating young children adjacent to an accompanying adult on aircraft. (a) Applicability The requirements of this section apply for the purposes of each scheduled flight segment to or from any airport in the United States. (b) General requirement (1) Assigned seats Subject to subsection (f), an air carrier or foreign air carrier that assigns seats, or allows individuals to select seats, in advance of the date of departure of a flight shall seat each young child adjacent to an accompanying adult, provided that adjacent seat assignments are available at any time after the ticket is issued for the young child and before the first passenger boards the flight. (2) Unassigned seats Subject to subsection (f), an air carrier or foreign air carrier that does not assign seats or allow individuals to select seats in advance of the date of departure shall board customers in a manner that ensures each young child is seated adjacent to an accompanying adult. (3) Prohibition on fees (A) In general An air carrier or foreign air carrier may not charge a fee or impose an additional cost to seat a young child adjacent to an accompanying adult within the same class of service. (B) Class of service requirement Every class of service an air carrier or foreign air carrier offers must allow for seating of a young child adjacent to an accompanying adult. (C) Prohibition on availability limits An air carrier or foreign air carrier may not limit the availability of adjacent seats in a manner that results in an undue burden on the ability of a young child to receive an advance seat assignment adjacent to an accompanying adult. (c) Additional requirements for advance seating (1) In general Subject to subsection (f), an air carrier or foreign air carrier that allows individuals to select seats or that assigns seats at the time of booking a flight shall provide, not later than 48 hours after the issuance of the ticket for each young child— (A) a seat assignment for the young child adjacent to the seat assignment of an accompanying adult for each flight segment of the ticket at no additional cost, provided that adjacent seat assignments are available; or (B) in the event that adjacent seat assignments are not available as described in subparagraph (A), an accompanying adult the choice of— (i) a full refund of the cost of the tickets for the young child and the accompanying adult, as well as any other individual on the same reservation; or (ii) waiting for adjacent seat assignments to be provided by the carrier. (2) Required option period The air carrier or foreign air carrier shall provide the accompanying adult a period of not less than 7 days from the date of notification of the choice described in paragraph (1)(B) to make a selection between the options described in clauses (i) and (ii) of such paragraph. (3) No available adjacent seat assignment In the event that an accompanying adult chooses the option described in paragraph (1)(B)(ii) and adjacent seat assignments for the young child and the accompanying adult on a ticketed flight segment do not become available before the first passenger boards the flight, the air carrier or foreign air carrier shall, at the choice of an accompanying adult— (A) rebook the young child and the accompanying adult, as well as any other individual on the same reservation, on the next available flight at no additional cost; or (B) transport the young child and the accompanying adult on their original ticketed flight segment in seats that are not adjacent, when seats on the aircraft are available. (d) Additional requirements To mitigate passenger harm in event of violation An air carrier or foreign air carrier that violates subsection (b) or (c) shall, at the choice of an accompanying adult— (1) rebook the young child and the accompanying adult, as well as any other individual on the same reservation, on the next available flight at no additional cost; (2) provide— (A) a full refund of the cost of the tickets for the young child and the accompanying adult, as well as any other individual on the same reservation; and (B) if such individuals are at a connecting airport, return air transportation for such individuals to their origination airport at no additional cost; or (3) transport the young child and the accompanying adult on their original ticketed flight segment in seats that are not adjacent, when seats on the aircraft are available. (e) Enforcement (1) In general An air carrier or foreign air carrier that violates a requirement of this section is subject to civil penalties as set forth in section 46301 and other applicable remedies under this part. (2) Investigations of complaints (A) In general The Secretary shall promptly investigate each complaint alleging a violation of this section that is received by the Department of Transportation. (B) Publication of data The Secretary shall publish data on complaints alleging violations of this section in a manner comparable to other consumer complaint data. (f) Exceptions Subsections (b) and (c) shall not apply to the extent that— (1) the young child does not have an accompanying adult traveling with such child; (2) an accompanying adult selects a seat apart from the young child or declines to accept a seat assignment or a seat that is adjacent to the seat assignment or seat of the young child offered without additional cost by the air carrier or foreign air carrier; (3) the number of young children traveling in the same party make it impossible for the air carrier or foreign air carrier to seat all the young children adjacent to an accompanying adult based on the seat layout of the aircraft; or (4) an exception to subsection (b) or (c) deemed appropriate by final rule of the Secretary applies. (g) Definitions In this section: (1) Accompanying adult The term accompanying adult means, with respect to a young child, an individual who is— (A) 14 years of age or older on the date of the scheduled departure of the flight; and (B) on the same reservation record as the young child. (2) Adjacent The term adjacent means, with respect to the seat of a young child, a seat that is— (A) next to and in the same row of the aircraft as the seat of the young child; and (B) not separated by an aisle. (3) Available The term available , when used in connection with seats or seat assignments, means capable of assignment by the air carrier or foreign air carrier without— (A) an upgrade of a young child or an accompanying adult to a different class of service than ticketed; and (B) displacing an individual with an assigned seat. (4) Class of service The term class of service means first class, business class, general economy (including basic economy), or premium economy. (5) No additional cost The term no additional cost means no added charge for the seat beyond the fare. (6) Secretary The term Secretary means the Secretary of Transportation. (7) Young child The term young child means an individual who is 13 years of age or younger on the date of the scheduled departure of the flight. (h) Regulations The Secretary may issue regulations to implement this section, including regulations that amend the definitions in subsection (g). (i) Effective date This section shall take effect on the date that is 180 days after the date of the enactment of the this section.. (b) Clerical amendment The analysis of chapter 417 of title 49, United States Code, is amended by inserting after the item relating to section 41726 the following: 41727. Seating young children adjacent to an accompanying adult on aircraft.. (c) Repeal of FAA Extension, Safety, and Security Act of 2016 family seating provision Section 2309 of the FAA Extension, Safety, and Security Act of 2016 ( 49 U.S.C. 42301 note prec.) is repealed. 41727. Seating young children adjacent to an accompanying adult on aircraft. (a) Applicability The requirements of this section apply for the purposes of each scheduled flight segment to or from any airport in the United States. (b) General requirement (1) Assigned seats Subject to subsection (f), an air carrier or foreign air carrier that assigns seats, or allows individuals to select seats, in advance of the date of departure of a flight shall seat each young child adjacent to an accompanying adult, provided that adjacent seat assignments are available at any time after the ticket is issued for the young child and before the first passenger boards the flight. (2) Unassigned seats Subject to subsection (f), an air carrier or foreign air carrier that does not assign seats or allow individuals to select seats in advance of the date of departure shall board customers in a manner that ensures each young child is seated adjacent to an accompanying adult. (3) Prohibition on fees (A) In general An air carrier or foreign air carrier may not charge a fee or impose an additional cost to seat a young child adjacent to an accompanying adult within the same class of service. (B) Class of service requirement Every class of service an air carrier or foreign air carrier offers must allow for seating of a young child adjacent to an accompanying adult. (C) Prohibition on availability limits An air carrier or foreign air carrier may not limit the availability of adjacent seats in a manner that results in an undue burden on the ability of a young child to receive an advance seat assignment adjacent to an accompanying adult. (c) Additional requirements for advance seating (1) In general Subject to subsection (f), an air carrier or foreign air carrier that allows individuals to select seats or that assigns seats at the time of booking a flight shall provide, not later than 48 hours after the issuance of the ticket for each young child— (A) a seat assignment for the young child adjacent to the seat assignment of an accompanying adult for each flight segment of the ticket at no additional cost, provided that adjacent seat assignments are available; or (B) in the event that adjacent seat assignments are not available as described in subparagraph (A), an accompanying adult the choice of— (i) a full refund of the cost of the tickets for the young child and the accompanying adult, as well as any other individual on the same reservation; or (ii) waiting for adjacent seat assignments to be provided by the carrier. (2) Required option period The air carrier or foreign air carrier shall provide the accompanying adult a period of not less than 7 days from the date of notification of the choice described in paragraph (1)(B) to make a selection between the options described in clauses (i) and (ii) of such paragraph. (3) No available adjacent seat assignment In the event that an accompanying adult chooses the option described in paragraph (1)(B)(ii) and adjacent seat assignments for the young child and the accompanying adult on a ticketed flight segment do not become available before the first passenger boards the flight, the air carrier or foreign air carrier shall, at the choice of an accompanying adult— (A) rebook the young child and the accompanying adult, as well as any other individual on the same reservation, on the next available flight at no additional cost; or (B) transport the young child and the accompanying adult on their original ticketed flight segment in seats that are not adjacent, when seats on the aircraft are available. (d) Additional requirements To mitigate passenger harm in event of violation An air carrier or foreign air carrier that violates subsection (b) or (c) shall, at the choice of an accompanying adult— (1) rebook the young child and the accompanying adult, as well as any other individual on the same reservation, on the next available flight at no additional cost; (2) provide— (A) a full refund of the cost of the tickets for the young child and the accompanying adult, as well as any other individual on the same reservation; and (B) if such individuals are at a connecting airport, return air transportation for such individuals to their origination airport at no additional cost; or (3) transport the young child and the accompanying adult on their original ticketed flight segment in seats that are not adjacent, when seats on the aircraft are available. (e) Enforcement (1) In general An air carrier or foreign air carrier that violates a requirement of this section is subject to civil penalties as set forth in section 46301 and other applicable remedies under this part. (2) Investigations of complaints (A) In general The Secretary shall promptly investigate each complaint alleging a violation of this section that is received by the Department of Transportation. (B) Publication of data The Secretary shall publish data on complaints alleging violations of this section in a manner comparable to other consumer complaint data. (f) Exceptions Subsections (b) and (c) shall not apply to the extent that— (1) the young child does not have an accompanying adult traveling with such child; (2) an accompanying adult selects a seat apart from the young child or declines to accept a seat assignment or a seat that is adjacent to the seat assignment or seat of the young child offered without additional cost by the air carrier or foreign air carrier; (3) the number of young children traveling in the same party make it impossible for the air carrier or foreign air carrier to seat all the young children adjacent to an accompanying adult based on the seat layout of the aircraft; or (4) an exception to subsection (b) or (c) deemed appropriate by final rule of the Secretary applies. (g) Definitions In this section: (1) Accompanying adult The term accompanying adult means, with respect to a young child, an individual who is— (A) 14 years of age or older on the date of the scheduled departure of the flight; and (B) on the same reservation record as the young child. (2) Adjacent The term adjacent means, with respect to the seat of a young child, a seat that is— (A) next to and in the same row of the aircraft as the seat of the young child; and (B) not separated by an aisle. (3) Available The term available , when used in connection with seats or seat assignments, means capable of assignment by the air carrier or foreign air carrier without— (A) an upgrade of a young child or an accompanying adult to a different class of service than ticketed; and (B) displacing an individual with an assigned seat. (4) Class of service The term class of service means first class, business class, general economy (including basic economy), or premium economy. (5) No additional cost The term no additional cost means no added charge for the seat beyond the fare. (6) Secretary The term Secretary means the Secretary of Transportation. (7) Young child The term young child means an individual who is 13 years of age or younger on the date of the scheduled departure of the flight. (h) Regulations The Secretary may issue regulations to implement this section, including regulations that amend the definitions in subsection (g). (i) Effective date This section shall take effect on the date that is 180 days after the date of the enactment of the this section.
26,029
[ "Energy and Commerce Committee", "Transportation and Infrastructure Committee" ]
118hr2470ih
118
hr
2,470
ih
To amend the Higher Education Act of 1965 to authorize additional grant activities for Hispanic-serving institutions.
[ { "text": "1. Short title \nThis Act may be cited as the Accessing Higher Education Opportunities Act.", "id": "H1AB1823B9B0544BBBE96274BFA87FBDC", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Authorized grant activities \nSubsection (b) of section 503 of the Higher Education Act of 1965 ( 20 U.S.C. 1101b(b) ) is amended— (1) by redesignating paragraphs (7) through (16) as paragraphs (9) through (18), respectively; and (2) by inserting after paragraph (6) the following: (7) Student support programs (which may include counseling, mentoring, and other support services) designed to facilitate the successful advancement of students from four-year institutions to postbaccalaureate doctoral degree granting programs that prepare students for health care occupations as such occupations are described in the most recent edition of the Occupational Outlook Handbook published by the Bureau of Labor Statistics. (8) Developing or expanding access to dual or concurrent enrollment programs and early college high school programs..", "id": "H29C2C3A817344261957CFFFCDAD72142", "header": "Authorized grant activities", "nested": [], "links": [ { "text": "20 U.S.C. 1101b(b)", "legal-doc": "usc", "parsable-cite": "usc/20/1101b" } ] }, { "text": "3. Funding \n(a) Authorizations of appropriations \nThere are authorized to be appropriated to carry out part A of title V of the Higher Education Act of 1965 ( 20 U.S.C. 1101 et seq. ), as amended by this Act, $107,795,000 for the first fiscal year starting after the date of the enactment of this Act. (b) Additional extensions not permitted \nSection 422 of the General Education Provisions Act ( 20 U.S.C. 1226a ) shall not apply to further extend the duration of the authority under subsection (a).", "id": "H0886C2FB693642CC9EE5E39B17F3D1BC", "header": "Funding", "nested": [ { "text": "(a) Authorizations of appropriations \nThere are authorized to be appropriated to carry out part A of title V of the Higher Education Act of 1965 ( 20 U.S.C. 1101 et seq. ), as amended by this Act, $107,795,000 for the first fiscal year starting after the date of the enactment of this Act.", "id": "HCC0C4F2BC0EE4768A705AEAAA63CC26A", "header": "Authorizations of appropriations", "nested": [], "links": [ { "text": "20 U.S.C. 1101 et seq.", "legal-doc": "usc", "parsable-cite": "usc/20/1101" } ] }, { "text": "(b) Additional extensions not permitted \nSection 422 of the General Education Provisions Act ( 20 U.S.C. 1226a ) shall not apply to further extend the duration of the authority under subsection (a).", "id": "H1C80AA78C6A440889741F1783944445A", "header": "Additional extensions not permitted", "nested": [], "links": [ { "text": "20 U.S.C. 1226a", "legal-doc": "usc", "parsable-cite": "usc/20/1226a" } ] } ], "links": [ { "text": "20 U.S.C. 1101 et seq.", "legal-doc": "usc", "parsable-cite": "usc/20/1101" }, { "text": "20 U.S.C. 1226a", "legal-doc": "usc", "parsable-cite": "usc/20/1226a" } ] } ]
3
1. Short title This Act may be cited as the Accessing Higher Education Opportunities Act. 2. Authorized grant activities Subsection (b) of section 503 of the Higher Education Act of 1965 ( 20 U.S.C. 1101b(b) ) is amended— (1) by redesignating paragraphs (7) through (16) as paragraphs (9) through (18), respectively; and (2) by inserting after paragraph (6) the following: (7) Student support programs (which may include counseling, mentoring, and other support services) designed to facilitate the successful advancement of students from four-year institutions to postbaccalaureate doctoral degree granting programs that prepare students for health care occupations as such occupations are described in the most recent edition of the Occupational Outlook Handbook published by the Bureau of Labor Statistics. (8) Developing or expanding access to dual or concurrent enrollment programs and early college high school programs.. 3. Funding (a) Authorizations of appropriations There are authorized to be appropriated to carry out part A of title V of the Higher Education Act of 1965 ( 20 U.S.C. 1101 et seq. ), as amended by this Act, $107,795,000 for the first fiscal year starting after the date of the enactment of this Act. (b) Additional extensions not permitted Section 422 of the General Education Provisions Act ( 20 U.S.C. 1226a ) shall not apply to further extend the duration of the authority under subsection (a).
1,430
[ "Education and the Workforce Committee" ]
118hr1978ih
118
hr
1,978
ih
To provide for a limitation on availability of funds for Department of Health and Human Services, National Institutes of Health National Institute of Diabetes and Digestive and Kidney Diseases for fiscal year 2024.
[ { "text": "1. Limitation on availability of funds for Department of Health and Human Services, National Institutes of Health National Institute of Diabetes and Digestive and Kidney Diseases 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, National Institutes of Health National Institute of Diabetes and Digestive and Kidney Diseases for fiscal year 2024 may not exceed $2,029,823,000.", "id": "H32F891CC025143BF93B1DAF361977921", "header": "Limitation on availability of funds for Department of Health and Human Services, National Institutes of Health National Institute of Diabetes and Digestive and Kidney Diseases for fiscal year 2024", "nested": [], "links": [] } ]
1
1. Limitation on availability of funds for Department of Health and Human Services, National Institutes of Health National Institute of Diabetes and Digestive and Kidney Diseases 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, National Institutes of Health National Institute of Diabetes and Digestive and Kidney Diseases for fiscal year 2024 may not exceed $2,029,823,000.
501
[ "Energy and Commerce Committee" ]
118hr5195ih
118
hr
5,195
ih
To repeal the District of Columbia Home Rule Act.
[ { "text": "1. Short title \nThis Act may be cited as the Seat of Government Act.", "id": "H2D857C83F32A416CA86FB4F7E1BC50F9", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Repeal of District of Columbia Home Rule Act \nThe District of Columbia Home Rule Act (sec. 1–201.01 et seq., D.C. Official Code) is hereby repealed.", "id": "H887FCCB7499D4807AE40BA67B7E02B4C", "header": "Repeal of District of Columbia Home Rule Act", "nested": [], "links": [] } ]
2
1. Short title This Act may be cited as the Seat of Government Act. 2. Repeal of District of Columbia Home Rule Act The District of Columbia Home Rule Act (sec. 1–201.01 et seq., D.C. Official Code) is hereby repealed.
220
[ "Rules Committee", "Oversight and Accountability Committee" ]
118hr21rfs
118
hr
21
rfs
To provide for the development of a plan to increase oil and gas production under oil and gas leases of Federal lands under the jurisdiction of the Secretary of Agriculture, the Secretary of Energy, the Secretary of the Interior, and the Secretary of Defense in conjunction with a drawdown of petroleum reserves from the Strategic Petroleum Reserve.
[ { "text": "1. Short title \nThis Act may be cited as the Strategic Production Response Act.", "id": "H11F91364BA9B42D6A05215F4BAD3F4AF", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Compensatory production increase plan \nSection 161 of the Energy Policy and Conservation Act ( 42 U.S.C. 6241 ) is amended by adding at the end the following new subsection: (k) Plan \n(1) In general \nExcept in the case of a severe energy supply interruption described in subsection (d), the Secretary may not execute the first drawdown of petroleum products in the Reserve after the date of enactment of this subsection, whether through sale, exchange, or loan, until the Secretary has developed and submitted to Congress a plan to increase the percentage of Federal lands (including submerged lands of the Outer Continental Shelf) under the jurisdiction of the Secretary of Agriculture, the Secretary of Energy, the Secretary of the Interior, and the Secretary of Defense leased for oil and gas production by the same percentage as the percentage of petroleum in the Strategic Petroleum Reserve that has been drawn down during the period beginning January 21, 2021, and ending on the date of enactment of this Act, and that is to be drawn down in that first and subsequent drawdowns, subject to the limitation under paragraph (2). (2) Limitation \n(A) In general \nThe plan required by paragraph (1) shall not provide for— (i) a total increase in the percentage of Federal lands described in paragraph (1) leased for oil and gas production in excess of 15 percent; or (ii) the financial benefit or participation of any entity that has a contractual relationship with, or is owned, controlled, or under the influence of, a foreign entity of concern. (B) Definition \nIn this paragraph, the term foreign entity of concern means— (i) the People’s Republic of China; (ii) the Democratic People’s Republic of Korea; (iii) the Russian Federation; (iv) the Islamic Republic of Iran; and (v) any other country the government of which is subject to sanctions imposed by the United States. (3) Consultation \nThe Secretary shall, in consultation with the Secretary of Agriculture, the Secretary of the Interior, and the Secretary of Defense— (A) prepare the plan required by paragraph (1); and (B) ensure such plan will not result in the sale of petroleum products drawn down from the Reserve to Iran, China, North Korea, or Russia. (4) Submission to Congress \nThe Secretary shall submit the plan developed under paragraph (1) to the Committees on Armed Services, Agriculture, Energy and Commerce, and Natural Resources of the House of Representatives and the Committees on Energy and Natural Resources, Environment and Public Works, Armed Services, and Agriculture, Nutrition, and Forestry of the Senate. (5) Thompson divide \nAs part of the plan developed under paragraph (1), the Secretary shall identify areas to lease within the approximately 224,793.73 acres, including approximately 200,518.28 acres of National Forest System lands, approximately 15,464.99 acres of public lands, and approximately 8,810.46 acres of reserved Federal mineral interest within the Thompson Divide area in Colorado. (6) Requirements \nThe plan required by paragraph (1) shall include a list of parcels planned to be offered for lease, including, for each such parcel— (A) the size of the parcel, by acre; (B) the location of the parcel; and (C) any permits and approvals necessary to access the parcel and produce oil and gas on the parcel..", "id": "HA3F5D514FAB64E01ADF0C5E5AE309926", "header": "Compensatory production increase plan", "nested": [], "links": [ { "text": "42 U.S.C. 6241", "legal-doc": "usc", "parsable-cite": "usc/42/6241" } ] }, { "text": "3. No effect on certain withdrawals of Federal lands \nNothing in this Act, or any amendments made by this Act, shall affect the Presidential memorandum titled Memorandum on the Withdrawal of Certain Areas of the United States Outer Continental Shelf from Leasing Disposition and dated September 8, 2020.", "id": "H78EB51F690C64E74BEA4E3FCBFF669AB", "header": "No effect on certain withdrawals of Federal lands", "nested": [], "links": [] }, { "text": "4. No effect on existing leasing restrictions \nNothing in this Act, or the amendments made by this Act, shall affect any statutory or regulatory restrictions in effect on the date of enactment of this Act (including any withdrawal of Federal land) that may prohibit oil and gas leasing within the area designated as the North Atlantic Planning Area.", "id": "H6819BD491EB0424887A07092A5D661F5", "header": "No effect on existing leasing restrictions", "nested": [], "links": [] }, { "text": "5. No effect on existing leasing restrictions \nNothing in this Act, or the amendments made by this Act, shall affect any statutory or regulatory restrictions in effect on the date of enactment of this Act (including any withdrawal of Federal land) that may prohibit oil and gas leasing within the area designated as the South Atlantic Planning Area.", "id": "HB262FFD3D4824AFD84E12AE733F49561", "header": "No effect on existing leasing restrictions", "nested": [], "links": [] }, { "text": "6. Rule of construction with respect to abuse of emergency declarations \nNothing in this Act, or the amendments made by this Act, may be construed to authorize the President to make a determination under section 161(d) of the Energy Policy and Conservation Act ( 42 U.S.C. 6241(d) ) that an emergency situation exists in order for the Secretary of Energy to draw down and sell petroleum products under such subsection for political, non-emergency purposes.", "id": "HF116663FE8C242A7B150C4814A6C9F81", "header": "Rule of construction with respect to abuse of emergency declarations", "nested": [], "links": [ { "text": "42 U.S.C. 6241(d)", "legal-doc": "usc", "parsable-cite": "usc/42/6241" } ] } ]
6
1. Short title This Act may be cited as the Strategic Production Response Act. 2. Compensatory production increase plan Section 161 of the Energy Policy and Conservation Act ( 42 U.S.C. 6241 ) is amended by adding at the end the following new subsection: (k) Plan (1) In general Except in the case of a severe energy supply interruption described in subsection (d), the Secretary may not execute the first drawdown of petroleum products in the Reserve after the date of enactment of this subsection, whether through sale, exchange, or loan, until the Secretary has developed and submitted to Congress a plan to increase the percentage of Federal lands (including submerged lands of the Outer Continental Shelf) under the jurisdiction of the Secretary of Agriculture, the Secretary of Energy, the Secretary of the Interior, and the Secretary of Defense leased for oil and gas production by the same percentage as the percentage of petroleum in the Strategic Petroleum Reserve that has been drawn down during the period beginning January 21, 2021, and ending on the date of enactment of this Act, and that is to be drawn down in that first and subsequent drawdowns, subject to the limitation under paragraph (2). (2) Limitation (A) In general The plan required by paragraph (1) shall not provide for— (i) a total increase in the percentage of Federal lands described in paragraph (1) leased for oil and gas production in excess of 15 percent; or (ii) the financial benefit or participation of any entity that has a contractual relationship with, or is owned, controlled, or under the influence of, a foreign entity of concern. (B) Definition In this paragraph, the term foreign entity of concern means— (i) the People’s Republic of China; (ii) the Democratic People’s Republic of Korea; (iii) the Russian Federation; (iv) the Islamic Republic of Iran; and (v) any other country the government of which is subject to sanctions imposed by the United States. (3) Consultation The Secretary shall, in consultation with the Secretary of Agriculture, the Secretary of the Interior, and the Secretary of Defense— (A) prepare the plan required by paragraph (1); and (B) ensure such plan will not result in the sale of petroleum products drawn down from the Reserve to Iran, China, North Korea, or Russia. (4) Submission to Congress The Secretary shall submit the plan developed under paragraph (1) to the Committees on Armed Services, Agriculture, Energy and Commerce, and Natural Resources of the House of Representatives and the Committees on Energy and Natural Resources, Environment and Public Works, Armed Services, and Agriculture, Nutrition, and Forestry of the Senate. (5) Thompson divide As part of the plan developed under paragraph (1), the Secretary shall identify areas to lease within the approximately 224,793.73 acres, including approximately 200,518.28 acres of National Forest System lands, approximately 15,464.99 acres of public lands, and approximately 8,810.46 acres of reserved Federal mineral interest within the Thompson Divide area in Colorado. (6) Requirements The plan required by paragraph (1) shall include a list of parcels planned to be offered for lease, including, for each such parcel— (A) the size of the parcel, by acre; (B) the location of the parcel; and (C) any permits and approvals necessary to access the parcel and produce oil and gas on the parcel.. 3. No effect on certain withdrawals of Federal lands Nothing in this Act, or any amendments made by this Act, shall affect the Presidential memorandum titled Memorandum on the Withdrawal of Certain Areas of the United States Outer Continental Shelf from Leasing Disposition and dated September 8, 2020. 4. No effect on existing leasing restrictions Nothing in this Act, or the amendments made by this Act, shall affect any statutory or regulatory restrictions in effect on the date of enactment of this Act (including any withdrawal of Federal land) that may prohibit oil and gas leasing within the area designated as the North Atlantic Planning Area. 5. No effect on existing leasing restrictions Nothing in this Act, or the amendments made by this Act, shall affect any statutory or regulatory restrictions in effect on the date of enactment of this Act (including any withdrawal of Federal land) that may prohibit oil and gas leasing within the area designated as the South Atlantic Planning Area. 6. Rule of construction with respect to abuse of emergency declarations Nothing in this Act, or the amendments made by this Act, may be construed to authorize the President to make a determination under section 161(d) of the Energy Policy and Conservation Act ( 42 U.S.C. 6241(d) ) that an emergency situation exists in order for the Secretary of Energy to draw down and sell petroleum products under such subsection for political, non-emergency purposes.
4,856
[ "Energy and Natural Resources Committee", "Energy and Commerce Committee" ]
118hr6900ih
118
hr
6,900
ih
To amend title 10, United States Code, to clarify the scope of the SkillBridge program of the Department of Defense, to require annual circulation of information about such program to certain members of the Armed Forces serving on active duty, and to require an annual public awareness campaign to inform potential employers of the program.
[ { "text": "1. Short title \nThis Act may be cited as the Continuing to Serve Act.", "id": "H0A840464F1824B74BE4B173AB5924249", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Clarifying scope of SkillBridge program \nSection 1143(e)(1) of title 10, United States Code, is amended by inserting , which includes private and public employers and employers that are organizations described in section 501(c)(3) of the Internal Revenue Code of 1986 and exempt from taxation under section 501(a) of such Code after civilian sector.", "id": "HFE9E4EABE46F4C99BC21BBF82624A810", "header": "Clarifying scope of SkillBridge program", "nested": [], "links": [ { "text": "section 501(c)(3)", "legal-doc": "usc", "parsable-cite": "usc/26/501" } ] }, { "text": "3. Expanding participation in SkillBridge program \nSection 1143(e) of title 10, United States Code, as amended by section 2, is further amended by adding at the end the following: (5) For any program under this subsection, the Secretary concerned shall on an annual basis— (A) circulate information about the program, including information concerning eligibility for the program and the application process, to members of the armed forces serving on active duty under the jurisdiction of the Secretary concerned; and (B) engage in a public awareness campaign to inform potential employers of program participants of the existence of the program and explain to such employers how the program operates, with a focus on increasing the number and broadening the types of employers that hire program participants..", "id": "HEBC218DCB8B6408AB228710D9B6B1F2C", "header": "Expanding participation in SkillBridge program", "nested": [], "links": [] } ]
3
1. Short title This Act may be cited as the Continuing to Serve Act. 2. Clarifying scope of SkillBridge program Section 1143(e)(1) of title 10, United States Code, is amended by inserting , which includes private and public employers and employers that are organizations described in section 501(c)(3) of the Internal Revenue Code of 1986 and exempt from taxation under section 501(a) of such Code after civilian sector. 3. Expanding participation in SkillBridge program Section 1143(e) of title 10, United States Code, as amended by section 2, is further amended by adding at the end the following: (5) For any program under this subsection, the Secretary concerned shall on an annual basis— (A) circulate information about the program, including information concerning eligibility for the program and the application process, to members of the armed forces serving on active duty under the jurisdiction of the Secretary concerned; and (B) engage in a public awareness campaign to inform potential employers of program participants of the existence of the program and explain to such employers how the program operates, with a focus on increasing the number and broadening the types of employers that hire program participants..
1,232
[ "Armed Services Committee" ]
118hr1632ih
118
hr
1,632
ih
To eliminate taxpayer funding for the partisan broadcasting outlets known as National Public Radio and the Public Broadcasting Service, and for other purposes.
[ { "text": "1. Short title \nThis Act may be cited as the No Partisan Radio and Partisan Broadcasting Services Act or the NPR and PBS Act.", "id": "HB3F763B2E7844BBCA407B375F30201D7", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Prohibition on Federal funding for National Public Radio and Public Broadcasting Service \n(a) In general \nAfter the date of the enactment of this Act, no Federal funds may, directly or indirectly, be made available to or used to support an organization described in subsection (b), including through the payment of dues to or the purchase of programming from such organization by a public broadcast station using Federal funds received by such station. (b) Organizations described \nThe organizations described in this subsection are— (1) the organization known, as of the date of the enactment of this Act, as National Public Radio ; (2) the organization known, as of the date of the enactment of this Act, as the Public Broadcasting Service ; and (3) any successor organization to an organization described in paragraph (1) or (2).", "id": "HBE0A0F8FEBF341028D9172FD39798538", "header": "Prohibition on Federal funding for National Public Radio and Public Broadcasting Service", "nested": [ { "text": "(a) In general \nAfter the date of the enactment of this Act, no Federal funds may, directly or indirectly, be made available to or used to support an organization described in subsection (b), including through the payment of dues to or the purchase of programming from such organization by a public broadcast station using Federal funds received by such station.", "id": "H99829BF8DC214418B747AC8FE88BF0B2", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Organizations described \nThe organizations described in this subsection are— (1) the organization known, as of the date of the enactment of this Act, as National Public Radio ; (2) the organization known, as of the date of the enactment of this Act, as the Public Broadcasting Service ; and (3) any successor organization to an organization described in paragraph (1) or (2).", "id": "H4E9953E17AAD43CAA2AC9C024828D684", "header": "Organizations described", "nested": [], "links": [] } ], "links": [] } ]
2
1. Short title This Act may be cited as the No Partisan Radio and Partisan Broadcasting Services Act or the NPR and PBS Act. 2. Prohibition on Federal funding for National Public Radio and Public Broadcasting Service (a) In general After the date of the enactment of this Act, no Federal funds may, directly or indirectly, be made available to or used to support an organization described in subsection (b), including through the payment of dues to or the purchase of programming from such organization by a public broadcast station using Federal funds received by such station. (b) Organizations described The organizations described in this subsection are— (1) the organization known, as of the date of the enactment of this Act, as National Public Radio ; (2) the organization known, as of the date of the enactment of this Act, as the Public Broadcasting Service ; and (3) any successor organization to an organization described in paragraph (1) or (2).
961
[ "Energy and Commerce Committee" ]
118hr822ih
118
hr
822
ih
To amend the Public Health Service Act to authorize the Secretary of Health and Human Services, acting through the Assistant Secretary for Mental Health and Substance Use, to award grants to eligible entities to establish or maintain a student mental health and safety helpline, and for other purposes.
[ { "text": "1. Short title \nThis Act may be cited as the Student Mental Health Helpline Act.", "id": "HFC87E25E3ACA435A899A7969E6C3A2E9", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Grants for student mental health and safety helpline \nPart D of title V of the Public Health Service Act ( 42 U.S.C. 290dd et seq. ) is amended by adding at the end the following: 553. Grants for student mental health and safety helpline \n(a) In general \n(1) Establishment or maintenance grants \nThe Secretary, acting through the Assistant Secretary for Mental Health and Substance Use, and in consultation with the Secretary of Education, may award grants to eligible entities to establish or maintain a student mental health and safety helpline that— (A) is free and confidential; (B) is accessible to students through multiple platforms; (C) provides information to school officials about student health and safety issues, to the extent permitted by the HIPAA privacy regulations; and (D) operates 24 hours a day, seven days a week, every day of the year. (2) Transition grants \n(A) In general \nThe Secretary, acting through the Assistant Secretary for Mental Health and Substance Use, and in consultation with the Secretary of Education, may award grants to States, local governments, Indian Tribes, and Tribal organizations to transition, by not later than 2 years after the award of the grant, a helpline that was in existence on the day before the date of enactment of the Student Mental Health Helpline Act to an agency or subdivision whose primary responsibility relates to health, public health, or education so as to become eligible for grants under paragraph (1). (B) Use of funds \nA grant under subparagraph (A) shall be used exclusively for costs associated with the transition described in such subparagraph. (b) Application of HIPAA privacy regulations \n(1) Covered entity \nA helpline funded under subsection (a)(1) shall be treated as a covered entity (as defined in section 106.103 of title 45, Code of Federal Regulations (or successor regulations)), and information received by the helpline from students contacting the helpline shall be treated as protected health information (as defined in such section 106.103 (or successor regulations)), for purposes of the HIPAA privacy regulations. (2) Additional privacy standards \nNothing in this section shall be construed to preempt or otherwise prohibit the application, with respect to a helpline funded under this section, of privacy standards in addition to those applicable under the HIPAA privacy regulations. (c) Eligible grantees \nTo be eligible to receive a grant under subsection (a)(1), an entity shall be an agency or other subdivision— (1) of a State, a local government, an Indian Tribe, or a Tribal organization; and (2) whose primary responsibility relates to health, public health, or education. (d) Requirements \nA recipient of a grant under subsection (a)(1) shall use the grant for each of the following: (1) Supporting a phone line, texting, and social media accounts for students facing challenges with abuse, bullying, depression, risk of self-injury, risk of injury to others, or suicidal thoughts. (2) Providing such support in a culturally competent manner, including to students who— (A) are from diverse backgrounds; or (B) identify with groups associated with a higher risk of bullying, abuse, and suicide, such as individuals who are LGBTQ or have disabilities. (3) Coordinating with— (A) other mental health crisis lines; (B) State and local mental health agencies and providers, local educational agencies, school administrators, and community-based health service providers; and (C) in cases of neglect and abuse, State and local family service agencies. (4) Ensuring that— (A) activities funded through the grant are conducted in accordance with all applicable Federal and State privacy standards; and (B) health care information collected through such activities will be maintained in a secure manner. (5) Developing a disaster recovery plan and redundancy measures to ensure continuous technical operations. (e) Other allowable uses \nA recipient of a grant under subsection (a)(1) may choose to use the grant for any of the following: (1) Supporting forms of communication in addition to those specified in subsection (d)(1), such as online forms and an email account. (2) In addition to coordinating with the entities specified in subsection (d)(3), coordinating with nonprofit organizations and institutions of higher education. (3) Developing educational curricula that schools may choose to offer, in conjunction with the helpline funded through the grant, to remove the stigma of mental illness, prevent bullying, prevent domestic violence, prevent suicide, or otherwise address student mental health and safety. (4) Promoting activities to encourage students to use the helpline funded through the grant. (5) Collecting and analyzing data on the use of the helpline funded through the grant to improve and adjust services offered through the helpline. (6) Providing support in multiple languages in areas with a high concentration of multiple language speakers. (7) Developing, in accordance with best practices and guidelines of the Substance Abuse and Mental Health Services Administration for behavioral health crisis care, protocols and training for identifying and responding to students who present an imminent risk of harming themselves or others. (8) Providing training, technology, and personnel necessary to comply with the HIPAA privacy regulations or other relevant privacy standards. (9) Coordinating and sharing best practices with other student mental health and safety helplines, including other helplines funded pursuant to this section. (10) Sharing personnel (such as crisis counselors), services (such as technology and data management services), and other resources deemed appropriate by the Secretary with other mental health and safety helplines that— (A) are operated by the recipient of the grant; or (B) are operated by another entity and funded through the Substance Abuse and Mental Health Services Administration. (f) Period of a grant \nThe period of a grant under subsection (a)(1) shall be not less than 5 years. (g) Subgrants and contracts \n(1) Authorization \nA recipient of a grant under subsection (a)(1) may award subgrants and enter into contracts to carry out activities funded through the grant. (2) Eligible subgrantees and contractors \nTo be eligible to receive a subgrant or contract under paragraph (1), an entity shall be— (A) a local educational agency; (B) an institution of higher education; (C) a nonprofit organization; (D) a for-profit organization that provides— (i) website or data management services; (ii) specialized staff trained in crisis intervention to answer incoming messages; or (iii) other products or services deemed by the Secretary to be appropriate for establishing or maintaining a helpline funded under subsection (a)(1); (E) a school; or (F) another type of entity deemed by the Secretary to be appropriate for subgrants or contracts under paragraph (1). (3) Accreditation \nTo be eligible to receive a subgrant or contract under paragraph (1) for specialized staff trained in crisis intervention to answer incoming messages, an entity shall be accredited by a nationally recognized accreditation entity that applies current evidence-based practices related to mental and behavioral health. (4) Priority \nIn awarding subgrants and contracts under paragraph (1), a recipient of a grant under subsection (a)(1) shall give priority to eligible entities that— (A) retain a licensed mental health care practitioner on staff; and (B) participate in the network of the National Suicide Prevention Lifeline. (h) Reporting \n(1) Annual reports to Congress \nEach fiscal year for which grants are awarded under subsection (a)(1) or (a)(2), the Secretary shall— (A) study the results of the grants; and (B) submit to the Congress a report on such results, including— (i) an evaluation of the outcomes of the programs under subsections (a)(1) and (a)(2); (ii) a summary of activities carried out with grants under subsections (a)(1) and (a)(2) and the results achieved through those activities; (iii) to the extent practicable, the demographics of students served and nature of messages received through grants under subsections (a)(1) and (a)(2); and (iv) in the case of grants under subsection (a)(2), an analysis of changes in the outcomes, activities, demographics, and nature of messages described in clauses (i), (ii), and (iii) as a result of transitioning helplines to different agencies or subdivisions. (2) Report on feasibility of a national student helpline \nNot later than 1 year after the date of enactment of the Student Mental Health Helpline Act , the Secretary, in consultation with the Secretary of Education and the Chair of the Federal Communications Commission, shall publish a report on— (A) the feasibility of making a student mental health and safety helpline nationally available; (B) how to successfully integrate the helplines of States and other entities into a consolidated national student mental health and safety helpline; and (C) the feasibility and potential benefits and drawbacks of adding a student-specific capability to the National Suicide Prevention Lifeline. (i) Definitions \nIn this section: (1) The term HIPAA privacy regulations means the Federal regulations (concerning the privacy of individually identifiable health information) promulgated under section 264(c) of the Health Insurance Portability and Accountability Act of 1996 ( 42 U.S.C. 1320d–2 note). (2) The terms Indian Tribe and Tribal organization have the meanings given to such terms in section 4 of the Indian Self-Determination and Education Assistance Act. (3) The term institution of higher education has the meaning given to such term in section 101 of the Higher Education Act of 1965. (4) The term local educational agency has the meaning given to such term in section 8101 of the Elementary and Secondary Education Act of 1965. (5) The term State includes the District of Columbia and each territory or commonwealth of the United States. (j) Authorization of appropriations \nTo carry out this section, there is authorized to be appropriated $55,000,000 for each of fiscal years 2024 through 2034..", "id": "H45D011C918CB44F08769237D4D9EB9D7", "header": "Grants for student mental health and safety helpline", "nested": [], "links": [ { "text": "42 U.S.C. 290dd et seq.", "legal-doc": "usc", "parsable-cite": "usc/42/290dd" }, { "text": "42 U.S.C. 1320d–2", "legal-doc": "usc", "parsable-cite": "usc/42/1320d-2" } ] }, { "text": "553. Grants for student mental health and safety helpline \n(a) In general \n(1) Establishment or maintenance grants \nThe Secretary, acting through the Assistant Secretary for Mental Health and Substance Use, and in consultation with the Secretary of Education, may award grants to eligible entities to establish or maintain a student mental health and safety helpline that— (A) is free and confidential; (B) is accessible to students through multiple platforms; (C) provides information to school officials about student health and safety issues, to the extent permitted by the HIPAA privacy regulations; and (D) operates 24 hours a day, seven days a week, every day of the year. (2) Transition grants \n(A) In general \nThe Secretary, acting through the Assistant Secretary for Mental Health and Substance Use, and in consultation with the Secretary of Education, may award grants to States, local governments, Indian Tribes, and Tribal organizations to transition, by not later than 2 years after the award of the grant, a helpline that was in existence on the day before the date of enactment of the Student Mental Health Helpline Act to an agency or subdivision whose primary responsibility relates to health, public health, or education so as to become eligible for grants under paragraph (1). (B) Use of funds \nA grant under subparagraph (A) shall be used exclusively for costs associated with the transition described in such subparagraph. (b) Application of HIPAA privacy regulations \n(1) Covered entity \nA helpline funded under subsection (a)(1) shall be treated as a covered entity (as defined in section 106.103 of title 45, Code of Federal Regulations (or successor regulations)), and information received by the helpline from students contacting the helpline shall be treated as protected health information (as defined in such section 106.103 (or successor regulations)), for purposes of the HIPAA privacy regulations. (2) Additional privacy standards \nNothing in this section shall be construed to preempt or otherwise prohibit the application, with respect to a helpline funded under this section, of privacy standards in addition to those applicable under the HIPAA privacy regulations. (c) Eligible grantees \nTo be eligible to receive a grant under subsection (a)(1), an entity shall be an agency or other subdivision— (1) of a State, a local government, an Indian Tribe, or a Tribal organization; and (2) whose primary responsibility relates to health, public health, or education. (d) Requirements \nA recipient of a grant under subsection (a)(1) shall use the grant for each of the following: (1) Supporting a phone line, texting, and social media accounts for students facing challenges with abuse, bullying, depression, risk of self-injury, risk of injury to others, or suicidal thoughts. (2) Providing such support in a culturally competent manner, including to students who— (A) are from diverse backgrounds; or (B) identify with groups associated with a higher risk of bullying, abuse, and suicide, such as individuals who are LGBTQ or have disabilities. (3) Coordinating with— (A) other mental health crisis lines; (B) State and local mental health agencies and providers, local educational agencies, school administrators, and community-based health service providers; and (C) in cases of neglect and abuse, State and local family service agencies. (4) Ensuring that— (A) activities funded through the grant are conducted in accordance with all applicable Federal and State privacy standards; and (B) health care information collected through such activities will be maintained in a secure manner. (5) Developing a disaster recovery plan and redundancy measures to ensure continuous technical operations. (e) Other allowable uses \nA recipient of a grant under subsection (a)(1) may choose to use the grant for any of the following: (1) Supporting forms of communication in addition to those specified in subsection (d)(1), such as online forms and an email account. (2) In addition to coordinating with the entities specified in subsection (d)(3), coordinating with nonprofit organizations and institutions of higher education. (3) Developing educational curricula that schools may choose to offer, in conjunction with the helpline funded through the grant, to remove the stigma of mental illness, prevent bullying, prevent domestic violence, prevent suicide, or otherwise address student mental health and safety. (4) Promoting activities to encourage students to use the helpline funded through the grant. (5) Collecting and analyzing data on the use of the helpline funded through the grant to improve and adjust services offered through the helpline. (6) Providing support in multiple languages in areas with a high concentration of multiple language speakers. (7) Developing, in accordance with best practices and guidelines of the Substance Abuse and Mental Health Services Administration for behavioral health crisis care, protocols and training for identifying and responding to students who present an imminent risk of harming themselves or others. (8) Providing training, technology, and personnel necessary to comply with the HIPAA privacy regulations or other relevant privacy standards. (9) Coordinating and sharing best practices with other student mental health and safety helplines, including other helplines funded pursuant to this section. (10) Sharing personnel (such as crisis counselors), services (such as technology and data management services), and other resources deemed appropriate by the Secretary with other mental health and safety helplines that— (A) are operated by the recipient of the grant; or (B) are operated by another entity and funded through the Substance Abuse and Mental Health Services Administration. (f) Period of a grant \nThe period of a grant under subsection (a)(1) shall be not less than 5 years. (g) Subgrants and contracts \n(1) Authorization \nA recipient of a grant under subsection (a)(1) may award subgrants and enter into contracts to carry out activities funded through the grant. (2) Eligible subgrantees and contractors \nTo be eligible to receive a subgrant or contract under paragraph (1), an entity shall be— (A) a local educational agency; (B) an institution of higher education; (C) a nonprofit organization; (D) a for-profit organization that provides— (i) website or data management services; (ii) specialized staff trained in crisis intervention to answer incoming messages; or (iii) other products or services deemed by the Secretary to be appropriate for establishing or maintaining a helpline funded under subsection (a)(1); (E) a school; or (F) another type of entity deemed by the Secretary to be appropriate for subgrants or contracts under paragraph (1). (3) Accreditation \nTo be eligible to receive a subgrant or contract under paragraph (1) for specialized staff trained in crisis intervention to answer incoming messages, an entity shall be accredited by a nationally recognized accreditation entity that applies current evidence-based practices related to mental and behavioral health. (4) Priority \nIn awarding subgrants and contracts under paragraph (1), a recipient of a grant under subsection (a)(1) shall give priority to eligible entities that— (A) retain a licensed mental health care practitioner on staff; and (B) participate in the network of the National Suicide Prevention Lifeline. (h) Reporting \n(1) Annual reports to Congress \nEach fiscal year for which grants are awarded under subsection (a)(1) or (a)(2), the Secretary shall— (A) study the results of the grants; and (B) submit to the Congress a report on such results, including— (i) an evaluation of the outcomes of the programs under subsections (a)(1) and (a)(2); (ii) a summary of activities carried out with grants under subsections (a)(1) and (a)(2) and the results achieved through those activities; (iii) to the extent practicable, the demographics of students served and nature of messages received through grants under subsections (a)(1) and (a)(2); and (iv) in the case of grants under subsection (a)(2), an analysis of changes in the outcomes, activities, demographics, and nature of messages described in clauses (i), (ii), and (iii) as a result of transitioning helplines to different agencies or subdivisions. (2) Report on feasibility of a national student helpline \nNot later than 1 year after the date of enactment of the Student Mental Health Helpline Act , the Secretary, in consultation with the Secretary of Education and the Chair of the Federal Communications Commission, shall publish a report on— (A) the feasibility of making a student mental health and safety helpline nationally available; (B) how to successfully integrate the helplines of States and other entities into a consolidated national student mental health and safety helpline; and (C) the feasibility and potential benefits and drawbacks of adding a student-specific capability to the National Suicide Prevention Lifeline. (i) Definitions \nIn this section: (1) The term HIPAA privacy regulations means the Federal regulations (concerning the privacy of individually identifiable health information) promulgated under section 264(c) of the Health Insurance Portability and Accountability Act of 1996 ( 42 U.S.C. 1320d–2 note). (2) The terms Indian Tribe and Tribal organization have the meanings given to such terms in section 4 of the Indian Self-Determination and Education Assistance Act. (3) The term institution of higher education has the meaning given to such term in section 101 of the Higher Education Act of 1965. (4) The term local educational agency has the meaning given to such term in section 8101 of the Elementary and Secondary Education Act of 1965. (5) The term State includes the District of Columbia and each territory or commonwealth of the United States. (j) Authorization of appropriations \nTo carry out this section, there is authorized to be appropriated $55,000,000 for each of fiscal years 2024 through 2034.", "id": "H83B25494CDE045F49A1D0422C53672DD", "header": "Grants for student mental health and safety helpline", "nested": [ { "text": "(a) In general \n(1) Establishment or maintenance grants \nThe Secretary, acting through the Assistant Secretary for Mental Health and Substance Use, and in consultation with the Secretary of Education, may award grants to eligible entities to establish or maintain a student mental health and safety helpline that— (A) is free and confidential; (B) is accessible to students through multiple platforms; (C) provides information to school officials about student health and safety issues, to the extent permitted by the HIPAA privacy regulations; and (D) operates 24 hours a day, seven days a week, every day of the year. (2) Transition grants \n(A) In general \nThe Secretary, acting through the Assistant Secretary for Mental Health and Substance Use, and in consultation with the Secretary of Education, may award grants to States, local governments, Indian Tribes, and Tribal organizations to transition, by not later than 2 years after the award of the grant, a helpline that was in existence on the day before the date of enactment of the Student Mental Health Helpline Act to an agency or subdivision whose primary responsibility relates to health, public health, or education so as to become eligible for grants under paragraph (1). (B) Use of funds \nA grant under subparagraph (A) shall be used exclusively for costs associated with the transition described in such subparagraph.", "id": "HA588BA66BBC940C4A7C25BC79367DB2D", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Application of HIPAA privacy regulations \n(1) Covered entity \nA helpline funded under subsection (a)(1) shall be treated as a covered entity (as defined in section 106.103 of title 45, Code of Federal Regulations (or successor regulations)), and information received by the helpline from students contacting the helpline shall be treated as protected health information (as defined in such section 106.103 (or successor regulations)), for purposes of the HIPAA privacy regulations. (2) Additional privacy standards \nNothing in this section shall be construed to preempt or otherwise prohibit the application, with respect to a helpline funded under this section, of privacy standards in addition to those applicable under the HIPAA privacy regulations.", "id": "H0DD6A9BE31A64242B3DAA9B21D1AA966", "header": "Application of HIPAA privacy regulations", "nested": [], "links": [] }, { "text": "(c) Eligible grantees \nTo be eligible to receive a grant under subsection (a)(1), an entity shall be an agency or other subdivision— (1) of a State, a local government, an Indian Tribe, or a Tribal organization; and (2) whose primary responsibility relates to health, public health, or education.", "id": "HADB31DEE95AB47FAAA2947BB14938B85", "header": "Eligible grantees", "nested": [], "links": [] }, { "text": "(d) Requirements \nA recipient of a grant under subsection (a)(1) shall use the grant for each of the following: (1) Supporting a phone line, texting, and social media accounts for students facing challenges with abuse, bullying, depression, risk of self-injury, risk of injury to others, or suicidal thoughts. (2) Providing such support in a culturally competent manner, including to students who— (A) are from diverse backgrounds; or (B) identify with groups associated with a higher risk of bullying, abuse, and suicide, such as individuals who are LGBTQ or have disabilities. (3) Coordinating with— (A) other mental health crisis lines; (B) State and local mental health agencies and providers, local educational agencies, school administrators, and community-based health service providers; and (C) in cases of neglect and abuse, State and local family service agencies. (4) Ensuring that— (A) activities funded through the grant are conducted in accordance with all applicable Federal and State privacy standards; and (B) health care information collected through such activities will be maintained in a secure manner. (5) Developing a disaster recovery plan and redundancy measures to ensure continuous technical operations.", "id": "H4D32886F540C422398CAC122EB8155DE", "header": "Requirements", "nested": [], "links": [] }, { "text": "(e) Other allowable uses \nA recipient of a grant under subsection (a)(1) may choose to use the grant for any of the following: (1) Supporting forms of communication in addition to those specified in subsection (d)(1), such as online forms and an email account. (2) In addition to coordinating with the entities specified in subsection (d)(3), coordinating with nonprofit organizations and institutions of higher education. (3) Developing educational curricula that schools may choose to offer, in conjunction with the helpline funded through the grant, to remove the stigma of mental illness, prevent bullying, prevent domestic violence, prevent suicide, or otherwise address student mental health and safety. (4) Promoting activities to encourage students to use the helpline funded through the grant. (5) Collecting and analyzing data on the use of the helpline funded through the grant to improve and adjust services offered through the helpline. (6) Providing support in multiple languages in areas with a high concentration of multiple language speakers. (7) Developing, in accordance with best practices and guidelines of the Substance Abuse and Mental Health Services Administration for behavioral health crisis care, protocols and training for identifying and responding to students who present an imminent risk of harming themselves or others. (8) Providing training, technology, and personnel necessary to comply with the HIPAA privacy regulations or other relevant privacy standards. (9) Coordinating and sharing best practices with other student mental health and safety helplines, including other helplines funded pursuant to this section. (10) Sharing personnel (such as crisis counselors), services (such as technology and data management services), and other resources deemed appropriate by the Secretary with other mental health and safety helplines that— (A) are operated by the recipient of the grant; or (B) are operated by another entity and funded through the Substance Abuse and Mental Health Services Administration.", "id": "H26E91BA7C8294B90AE13497B046AFF0B", "header": "Other allowable uses", "nested": [], "links": [] }, { "text": "(f) Period of a grant \nThe period of a grant under subsection (a)(1) shall be not less than 5 years.", "id": "H2A1B4C16751A46838C4D8A855C20A7C3", "header": "Period of a grant", "nested": [], "links": [] }, { "text": "(g) Subgrants and contracts \n(1) Authorization \nA recipient of a grant under subsection (a)(1) may award subgrants and enter into contracts to carry out activities funded through the grant. (2) Eligible subgrantees and contractors \nTo be eligible to receive a subgrant or contract under paragraph (1), an entity shall be— (A) a local educational agency; (B) an institution of higher education; (C) a nonprofit organization; (D) a for-profit organization that provides— (i) website or data management services; (ii) specialized staff trained in crisis intervention to answer incoming messages; or (iii) other products or services deemed by the Secretary to be appropriate for establishing or maintaining a helpline funded under subsection (a)(1); (E) a school; or (F) another type of entity deemed by the Secretary to be appropriate for subgrants or contracts under paragraph (1). (3) Accreditation \nTo be eligible to receive a subgrant or contract under paragraph (1) for specialized staff trained in crisis intervention to answer incoming messages, an entity shall be accredited by a nationally recognized accreditation entity that applies current evidence-based practices related to mental and behavioral health. (4) Priority \nIn awarding subgrants and contracts under paragraph (1), a recipient of a grant under subsection (a)(1) shall give priority to eligible entities that— (A) retain a licensed mental health care practitioner on staff; and (B) participate in the network of the National Suicide Prevention Lifeline.", "id": "HCFAFF60B299A4ACF8F0111463A7A5840", "header": "Subgrants and contracts", "nested": [], "links": [] }, { "text": "(h) Reporting \n(1) Annual reports to Congress \nEach fiscal year for which grants are awarded under subsection (a)(1) or (a)(2), the Secretary shall— (A) study the results of the grants; and (B) submit to the Congress a report on such results, including— (i) an evaluation of the outcomes of the programs under subsections (a)(1) and (a)(2); (ii) a summary of activities carried out with grants under subsections (a)(1) and (a)(2) and the results achieved through those activities; (iii) to the extent practicable, the demographics of students served and nature of messages received through grants under subsections (a)(1) and (a)(2); and (iv) in the case of grants under subsection (a)(2), an analysis of changes in the outcomes, activities, demographics, and nature of messages described in clauses (i), (ii), and (iii) as a result of transitioning helplines to different agencies or subdivisions. (2) Report on feasibility of a national student helpline \nNot later than 1 year after the date of enactment of the Student Mental Health Helpline Act , the Secretary, in consultation with the Secretary of Education and the Chair of the Federal Communications Commission, shall publish a report on— (A) the feasibility of making a student mental health and safety helpline nationally available; (B) how to successfully integrate the helplines of States and other entities into a consolidated national student mental health and safety helpline; and (C) the feasibility and potential benefits and drawbacks of adding a student-specific capability to the National Suicide Prevention Lifeline.", "id": "H44822E20F9C348F08B18B93CE58CDD12", "header": "Reporting", "nested": [], "links": [] }, { "text": "(i) Definitions \nIn this section: (1) The term HIPAA privacy regulations means the Federal regulations (concerning the privacy of individually identifiable health information) promulgated under section 264(c) of the Health Insurance Portability and Accountability Act of 1996 ( 42 U.S.C. 1320d–2 note). (2) The terms Indian Tribe and Tribal organization have the meanings given to such terms in section 4 of the Indian Self-Determination and Education Assistance Act. (3) The term institution of higher education has the meaning given to such term in section 101 of the Higher Education Act of 1965. (4) The term local educational agency has the meaning given to such term in section 8101 of the Elementary and Secondary Education Act of 1965. (5) The term State includes the District of Columbia and each territory or commonwealth of the United States.", "id": "H70F0838406AE45718959BB65D8AFFA1A", "header": "Definitions", "nested": [], "links": [ { "text": "42 U.S.C. 1320d–2", "legal-doc": "usc", "parsable-cite": "usc/42/1320d-2" } ] }, { "text": "(j) Authorization of appropriations \nTo carry out this section, there is authorized to be appropriated $55,000,000 for each of fiscal years 2024 through 2034.", "id": "HB36BDF20B28748F2A281906DBAB2FB6D", "header": "Authorization of appropriations", "nested": [], "links": [] } ], "links": [ { "text": "42 U.S.C. 1320d–2", "legal-doc": "usc", "parsable-cite": "usc/42/1320d-2" } ] } ]
3
1. Short title This Act may be cited as the Student Mental Health Helpline Act. 2. Grants for student mental health and safety helpline Part D of title V of the Public Health Service Act ( 42 U.S.C. 290dd et seq. ) is amended by adding at the end the following: 553. Grants for student mental health and safety helpline (a) In general (1) Establishment or maintenance grants The Secretary, acting through the Assistant Secretary for Mental Health and Substance Use, and in consultation with the Secretary of Education, may award grants to eligible entities to establish or maintain a student mental health and safety helpline that— (A) is free and confidential; (B) is accessible to students through multiple platforms; (C) provides information to school officials about student health and safety issues, to the extent permitted by the HIPAA privacy regulations; and (D) operates 24 hours a day, seven days a week, every day of the year. (2) Transition grants (A) In general The Secretary, acting through the Assistant Secretary for Mental Health and Substance Use, and in consultation with the Secretary of Education, may award grants to States, local governments, Indian Tribes, and Tribal organizations to transition, by not later than 2 years after the award of the grant, a helpline that was in existence on the day before the date of enactment of the Student Mental Health Helpline Act to an agency or subdivision whose primary responsibility relates to health, public health, or education so as to become eligible for grants under paragraph (1). (B) Use of funds A grant under subparagraph (A) shall be used exclusively for costs associated with the transition described in such subparagraph. (b) Application of HIPAA privacy regulations (1) Covered entity A helpline funded under subsection (a)(1) shall be treated as a covered entity (as defined in section 106.103 of title 45, Code of Federal Regulations (or successor regulations)), and information received by the helpline from students contacting the helpline shall be treated as protected health information (as defined in such section 106.103 (or successor regulations)), for purposes of the HIPAA privacy regulations. (2) Additional privacy standards Nothing in this section shall be construed to preempt or otherwise prohibit the application, with respect to a helpline funded under this section, of privacy standards in addition to those applicable under the HIPAA privacy regulations. (c) Eligible grantees To be eligible to receive a grant under subsection (a)(1), an entity shall be an agency or other subdivision— (1) of a State, a local government, an Indian Tribe, or a Tribal organization; and (2) whose primary responsibility relates to health, public health, or education. (d) Requirements A recipient of a grant under subsection (a)(1) shall use the grant for each of the following: (1) Supporting a phone line, texting, and social media accounts for students facing challenges with abuse, bullying, depression, risk of self-injury, risk of injury to others, or suicidal thoughts. (2) Providing such support in a culturally competent manner, including to students who— (A) are from diverse backgrounds; or (B) identify with groups associated with a higher risk of bullying, abuse, and suicide, such as individuals who are LGBTQ or have disabilities. (3) Coordinating with— (A) other mental health crisis lines; (B) State and local mental health agencies and providers, local educational agencies, school administrators, and community-based health service providers; and (C) in cases of neglect and abuse, State and local family service agencies. (4) Ensuring that— (A) activities funded through the grant are conducted in accordance with all applicable Federal and State privacy standards; and (B) health care information collected through such activities will be maintained in a secure manner. (5) Developing a disaster recovery plan and redundancy measures to ensure continuous technical operations. (e) Other allowable uses A recipient of a grant under subsection (a)(1) may choose to use the grant for any of the following: (1) Supporting forms of communication in addition to those specified in subsection (d)(1), such as online forms and an email account. (2) In addition to coordinating with the entities specified in subsection (d)(3), coordinating with nonprofit organizations and institutions of higher education. (3) Developing educational curricula that schools may choose to offer, in conjunction with the helpline funded through the grant, to remove the stigma of mental illness, prevent bullying, prevent domestic violence, prevent suicide, or otherwise address student mental health and safety. (4) Promoting activities to encourage students to use the helpline funded through the grant. (5) Collecting and analyzing data on the use of the helpline funded through the grant to improve and adjust services offered through the helpline. (6) Providing support in multiple languages in areas with a high concentration of multiple language speakers. (7) Developing, in accordance with best practices and guidelines of the Substance Abuse and Mental Health Services Administration for behavioral health crisis care, protocols and training for identifying and responding to students who present an imminent risk of harming themselves or others. (8) Providing training, technology, and personnel necessary to comply with the HIPAA privacy regulations or other relevant privacy standards. (9) Coordinating and sharing best practices with other student mental health and safety helplines, including other helplines funded pursuant to this section. (10) Sharing personnel (such as crisis counselors), services (such as technology and data management services), and other resources deemed appropriate by the Secretary with other mental health and safety helplines that— (A) are operated by the recipient of the grant; or (B) are operated by another entity and funded through the Substance Abuse and Mental Health Services Administration. (f) Period of a grant The period of a grant under subsection (a)(1) shall be not less than 5 years. (g) Subgrants and contracts (1) Authorization A recipient of a grant under subsection (a)(1) may award subgrants and enter into contracts to carry out activities funded through the grant. (2) Eligible subgrantees and contractors To be eligible to receive a subgrant or contract under paragraph (1), an entity shall be— (A) a local educational agency; (B) an institution of higher education; (C) a nonprofit organization; (D) a for-profit organization that provides— (i) website or data management services; (ii) specialized staff trained in crisis intervention to answer incoming messages; or (iii) other products or services deemed by the Secretary to be appropriate for establishing or maintaining a helpline funded under subsection (a)(1); (E) a school; or (F) another type of entity deemed by the Secretary to be appropriate for subgrants or contracts under paragraph (1). (3) Accreditation To be eligible to receive a subgrant or contract under paragraph (1) for specialized staff trained in crisis intervention to answer incoming messages, an entity shall be accredited by a nationally recognized accreditation entity that applies current evidence-based practices related to mental and behavioral health. (4) Priority In awarding subgrants and contracts under paragraph (1), a recipient of a grant under subsection (a)(1) shall give priority to eligible entities that— (A) retain a licensed mental health care practitioner on staff; and (B) participate in the network of the National Suicide Prevention Lifeline. (h) Reporting (1) Annual reports to Congress Each fiscal year for which grants are awarded under subsection (a)(1) or (a)(2), the Secretary shall— (A) study the results of the grants; and (B) submit to the Congress a report on such results, including— (i) an evaluation of the outcomes of the programs under subsections (a)(1) and (a)(2); (ii) a summary of activities carried out with grants under subsections (a)(1) and (a)(2) and the results achieved through those activities; (iii) to the extent practicable, the demographics of students served and nature of messages received through grants under subsections (a)(1) and (a)(2); and (iv) in the case of grants under subsection (a)(2), an analysis of changes in the outcomes, activities, demographics, and nature of messages described in clauses (i), (ii), and (iii) as a result of transitioning helplines to different agencies or subdivisions. (2) Report on feasibility of a national student helpline Not later than 1 year after the date of enactment of the Student Mental Health Helpline Act , the Secretary, in consultation with the Secretary of Education and the Chair of the Federal Communications Commission, shall publish a report on— (A) the feasibility of making a student mental health and safety helpline nationally available; (B) how to successfully integrate the helplines of States and other entities into a consolidated national student mental health and safety helpline; and (C) the feasibility and potential benefits and drawbacks of adding a student-specific capability to the National Suicide Prevention Lifeline. (i) Definitions In this section: (1) The term HIPAA privacy regulations means the Federal regulations (concerning the privacy of individually identifiable health information) promulgated under section 264(c) of the Health Insurance Portability and Accountability Act of 1996 ( 42 U.S.C. 1320d–2 note). (2) The terms Indian Tribe and Tribal organization have the meanings given to such terms in section 4 of the Indian Self-Determination and Education Assistance Act. (3) The term institution of higher education has the meaning given to such term in section 101 of the Higher Education Act of 1965. (4) The term local educational agency has the meaning given to such term in section 8101 of the Elementary and Secondary Education Act of 1965. (5) The term State includes the District of Columbia and each territory or commonwealth of the United States. (j) Authorization of appropriations To carry out this section, there is authorized to be appropriated $55,000,000 for each of fiscal years 2024 through 2034.. 553. Grants for student mental health and safety helpline (a) In general (1) Establishment or maintenance grants The Secretary, acting through the Assistant Secretary for Mental Health and Substance Use, and in consultation with the Secretary of Education, may award grants to eligible entities to establish or maintain a student mental health and safety helpline that— (A) is free and confidential; (B) is accessible to students through multiple platforms; (C) provides information to school officials about student health and safety issues, to the extent permitted by the HIPAA privacy regulations; and (D) operates 24 hours a day, seven days a week, every day of the year. (2) Transition grants (A) In general The Secretary, acting through the Assistant Secretary for Mental Health and Substance Use, and in consultation with the Secretary of Education, may award grants to States, local governments, Indian Tribes, and Tribal organizations to transition, by not later than 2 years after the award of the grant, a helpline that was in existence on the day before the date of enactment of the Student Mental Health Helpline Act to an agency or subdivision whose primary responsibility relates to health, public health, or education so as to become eligible for grants under paragraph (1). (B) Use of funds A grant under subparagraph (A) shall be used exclusively for costs associated with the transition described in such subparagraph. (b) Application of HIPAA privacy regulations (1) Covered entity A helpline funded under subsection (a)(1) shall be treated as a covered entity (as defined in section 106.103 of title 45, Code of Federal Regulations (or successor regulations)), and information received by the helpline from students contacting the helpline shall be treated as protected health information (as defined in such section 106.103 (or successor regulations)), for purposes of the HIPAA privacy regulations. (2) Additional privacy standards Nothing in this section shall be construed to preempt or otherwise prohibit the application, with respect to a helpline funded under this section, of privacy standards in addition to those applicable under the HIPAA privacy regulations. (c) Eligible grantees To be eligible to receive a grant under subsection (a)(1), an entity shall be an agency or other subdivision— (1) of a State, a local government, an Indian Tribe, or a Tribal organization; and (2) whose primary responsibility relates to health, public health, or education. (d) Requirements A recipient of a grant under subsection (a)(1) shall use the grant for each of the following: (1) Supporting a phone line, texting, and social media accounts for students facing challenges with abuse, bullying, depression, risk of self-injury, risk of injury to others, or suicidal thoughts. (2) Providing such support in a culturally competent manner, including to students who— (A) are from diverse backgrounds; or (B) identify with groups associated with a higher risk of bullying, abuse, and suicide, such as individuals who are LGBTQ or have disabilities. (3) Coordinating with— (A) other mental health crisis lines; (B) State and local mental health agencies and providers, local educational agencies, school administrators, and community-based health service providers; and (C) in cases of neglect and abuse, State and local family service agencies. (4) Ensuring that— (A) activities funded through the grant are conducted in accordance with all applicable Federal and State privacy standards; and (B) health care information collected through such activities will be maintained in a secure manner. (5) Developing a disaster recovery plan and redundancy measures to ensure continuous technical operations. (e) Other allowable uses A recipient of a grant under subsection (a)(1) may choose to use the grant for any of the following: (1) Supporting forms of communication in addition to those specified in subsection (d)(1), such as online forms and an email account. (2) In addition to coordinating with the entities specified in subsection (d)(3), coordinating with nonprofit organizations and institutions of higher education. (3) Developing educational curricula that schools may choose to offer, in conjunction with the helpline funded through the grant, to remove the stigma of mental illness, prevent bullying, prevent domestic violence, prevent suicide, or otherwise address student mental health and safety. (4) Promoting activities to encourage students to use the helpline funded through the grant. (5) Collecting and analyzing data on the use of the helpline funded through the grant to improve and adjust services offered through the helpline. (6) Providing support in multiple languages in areas with a high concentration of multiple language speakers. (7) Developing, in accordance with best practices and guidelines of the Substance Abuse and Mental Health Services Administration for behavioral health crisis care, protocols and training for identifying and responding to students who present an imminent risk of harming themselves or others. (8) Providing training, technology, and personnel necessary to comply with the HIPAA privacy regulations or other relevant privacy standards. (9) Coordinating and sharing best practices with other student mental health and safety helplines, including other helplines funded pursuant to this section. (10) Sharing personnel (such as crisis counselors), services (such as technology and data management services), and other resources deemed appropriate by the Secretary with other mental health and safety helplines that— (A) are operated by the recipient of the grant; or (B) are operated by another entity and funded through the Substance Abuse and Mental Health Services Administration. (f) Period of a grant The period of a grant under subsection (a)(1) shall be not less than 5 years. (g) Subgrants and contracts (1) Authorization A recipient of a grant under subsection (a)(1) may award subgrants and enter into contracts to carry out activities funded through the grant. (2) Eligible subgrantees and contractors To be eligible to receive a subgrant or contract under paragraph (1), an entity shall be— (A) a local educational agency; (B) an institution of higher education; (C) a nonprofit organization; (D) a for-profit organization that provides— (i) website or data management services; (ii) specialized staff trained in crisis intervention to answer incoming messages; or (iii) other products or services deemed by the Secretary to be appropriate for establishing or maintaining a helpline funded under subsection (a)(1); (E) a school; or (F) another type of entity deemed by the Secretary to be appropriate for subgrants or contracts under paragraph (1). (3) Accreditation To be eligible to receive a subgrant or contract under paragraph (1) for specialized staff trained in crisis intervention to answer incoming messages, an entity shall be accredited by a nationally recognized accreditation entity that applies current evidence-based practices related to mental and behavioral health. (4) Priority In awarding subgrants and contracts under paragraph (1), a recipient of a grant under subsection (a)(1) shall give priority to eligible entities that— (A) retain a licensed mental health care practitioner on staff; and (B) participate in the network of the National Suicide Prevention Lifeline. (h) Reporting (1) Annual reports to Congress Each fiscal year for which grants are awarded under subsection (a)(1) or (a)(2), the Secretary shall— (A) study the results of the grants; and (B) submit to the Congress a report on such results, including— (i) an evaluation of the outcomes of the programs under subsections (a)(1) and (a)(2); (ii) a summary of activities carried out with grants under subsections (a)(1) and (a)(2) and the results achieved through those activities; (iii) to the extent practicable, the demographics of students served and nature of messages received through grants under subsections (a)(1) and (a)(2); and (iv) in the case of grants under subsection (a)(2), an analysis of changes in the outcomes, activities, demographics, and nature of messages described in clauses (i), (ii), and (iii) as a result of transitioning helplines to different agencies or subdivisions. (2) Report on feasibility of a national student helpline Not later than 1 year after the date of enactment of the Student Mental Health Helpline Act , the Secretary, in consultation with the Secretary of Education and the Chair of the Federal Communications Commission, shall publish a report on— (A) the feasibility of making a student mental health and safety helpline nationally available; (B) how to successfully integrate the helplines of States and other entities into a consolidated national student mental health and safety helpline; and (C) the feasibility and potential benefits and drawbacks of adding a student-specific capability to the National Suicide Prevention Lifeline. (i) Definitions In this section: (1) The term HIPAA privacy regulations means the Federal regulations (concerning the privacy of individually identifiable health information) promulgated under section 264(c) of the Health Insurance Portability and Accountability Act of 1996 ( 42 U.S.C. 1320d–2 note). (2) The terms Indian Tribe and Tribal organization have the meanings given to such terms in section 4 of the Indian Self-Determination and Education Assistance Act. (3) The term institution of higher education has the meaning given to such term in section 101 of the Higher Education Act of 1965. (4) The term local educational agency has the meaning given to such term in section 8101 of the Elementary and Secondary Education Act of 1965. (5) The term State includes the District of Columbia and each territory or commonwealth of the United States. (j) Authorization of appropriations To carry out this section, there is authorized to be appropriated $55,000,000 for each of fiscal years 2024 through 2034.
20,256
[ "Energy and Commerce Committee" ]
118hr5125ih
118
hr
5,125
ih
To amend the Servicemembers Civil Relief Act to limit the use of arbitration to resolve controversies under the Act, and for other purposes.
[ { "text": "1. Short title \nThis Act may be cited as the End Servicemember Forced Arbitration Act.", "id": "H5DEAB055364D49F18CD876C16BD9DC8E", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Limitations on methods of dispute resolution under the Servicemembers Civil Relief Act \n(a) Limitation on use of arbitration To resolve controversies under Servicemembers Civil Relief Act \n(1) Arbitration; written consent requirement \nSection 102 of the Servicemembers Civil Relief Act ( 50 U.S.C. 3912 ) is amended by adding at the end the following new subsection: (d) Written consent requirement for arbitration \nNotwithstanding any other provision of law, whenever a contract with a servicemember, or a servicemember and the spouse of the servicemember jointly, provides for the use of arbitration to resolve a controversy subject to a provision of this Act and arising out of or relating to such contract, arbitration may be used to settle such controversy only if, after such controversy arises, all parties to such controversy consent in writing to use arbitration to settle such controversy.. (2) Applicability \nSubsection (d) of such section, as added by paragraph (1), shall apply with respect to contracts entered into, amended, altered, modified, renewed, or extended after the date of the enactment of this Act. (b) Limitation on waiver of rights and protections under Servicemembers Civil Relief Act \n(1) Limitation \nSection 107(a) of the Servicemembers Civil Relief Act ( 50 U.S.C. 3918(a) ) is amended— (A) in the second sentence, by inserting and if it is made after a specific dispute has arisen and the dispute is identified in the waiver after to which it applies ; and (B) in the third sentence, by inserting and if it is made after a specific dispute has arisen and the dispute is identified in the waiver after period of military service. (2) Applicability \nThe amendment made by paragraph (1) shall apply with respect to waivers made on or after the date of the enactment of this Act. (c) Clarification of private right of action under Servicemembers Civil Relief Act \nSection 802(a) of the Servicemembers Civil Relief Act ( 50 U.S.C. 4042(a) ) is amended— (1) in the matter preceding paragraph (1), by inserting , notwithstanding any previous agreement to the contrary, after may ; and (2) in paragraph (3), by striking , notwithstanding any previous agreement to the contrary.", "id": "H96BE46E971894A949E767B808F9895F2", "header": "Limitations on methods of dispute resolution under the Servicemembers Civil Relief Act", "nested": [ { "text": "(a) Limitation on use of arbitration To resolve controversies under Servicemembers Civil Relief Act \n(1) Arbitration; written consent requirement \nSection 102 of the Servicemembers Civil Relief Act ( 50 U.S.C. 3912 ) is amended by adding at the end the following new subsection: (d) Written consent requirement for arbitration \nNotwithstanding any other provision of law, whenever a contract with a servicemember, or a servicemember and the spouse of the servicemember jointly, provides for the use of arbitration to resolve a controversy subject to a provision of this Act and arising out of or relating to such contract, arbitration may be used to settle such controversy only if, after such controversy arises, all parties to such controversy consent in writing to use arbitration to settle such controversy.. (2) Applicability \nSubsection (d) of such section, as added by paragraph (1), shall apply with respect to contracts entered into, amended, altered, modified, renewed, or extended after the date of the enactment of this Act.", "id": "H6AD707FBA58E4F469A01007D46978F2B", "header": "Limitation on use of arbitration To resolve controversies under Servicemembers Civil Relief Act", "nested": [], "links": [ { "text": "50 U.S.C. 3912", "legal-doc": "usc", "parsable-cite": "usc/50/3912" } ] }, { "text": "(b) Limitation on waiver of rights and protections under Servicemembers Civil Relief Act \n(1) Limitation \nSection 107(a) of the Servicemembers Civil Relief Act ( 50 U.S.C. 3918(a) ) is amended— (A) in the second sentence, by inserting and if it is made after a specific dispute has arisen and the dispute is identified in the waiver after to which it applies ; and (B) in the third sentence, by inserting and if it is made after a specific dispute has arisen and the dispute is identified in the waiver after period of military service. (2) Applicability \nThe amendment made by paragraph (1) shall apply with respect to waivers made on or after the date of the enactment of this Act.", "id": "H50F5758E362A4D3BB62C33A6327C7294", "header": "Limitation on waiver of rights and protections under Servicemembers Civil Relief Act", "nested": [], "links": [ { "text": "50 U.S.C. 3918(a)", "legal-doc": "usc", "parsable-cite": "usc/50/3918" } ] }, { "text": "(c) Clarification of private right of action under Servicemembers Civil Relief Act \nSection 802(a) of the Servicemembers Civil Relief Act ( 50 U.S.C. 4042(a) ) is amended— (1) in the matter preceding paragraph (1), by inserting , notwithstanding any previous agreement to the contrary, after may ; and (2) in paragraph (3), by striking , notwithstanding any previous agreement to the contrary.", "id": "H3BC715E5D0D54D1B90DD46EFF3DB81FA", "header": "Clarification of private right of action under Servicemembers Civil Relief Act", "nested": [], "links": [ { "text": "50 U.S.C. 4042(a)", "legal-doc": "usc", "parsable-cite": "usc/50/4042" } ] } ], "links": [ { "text": "50 U.S.C. 3912", "legal-doc": "usc", "parsable-cite": "usc/50/3912" }, { "text": "50 U.S.C. 3918(a)", "legal-doc": "usc", "parsable-cite": "usc/50/3918" }, { "text": "50 U.S.C. 4042(a)", "legal-doc": "usc", "parsable-cite": "usc/50/4042" } ] } ]
2
1. Short title This Act may be cited as the End Servicemember Forced Arbitration Act. 2. Limitations on methods of dispute resolution under the Servicemembers Civil Relief Act (a) Limitation on use of arbitration To resolve controversies under Servicemembers Civil Relief Act (1) Arbitration; written consent requirement Section 102 of the Servicemembers Civil Relief Act ( 50 U.S.C. 3912 ) is amended by adding at the end the following new subsection: (d) Written consent requirement for arbitration Notwithstanding any other provision of law, whenever a contract with a servicemember, or a servicemember and the spouse of the servicemember jointly, provides for the use of arbitration to resolve a controversy subject to a provision of this Act and arising out of or relating to such contract, arbitration may be used to settle such controversy only if, after such controversy arises, all parties to such controversy consent in writing to use arbitration to settle such controversy.. (2) Applicability Subsection (d) of such section, as added by paragraph (1), shall apply with respect to contracts entered into, amended, altered, modified, renewed, or extended after the date of the enactment of this Act. (b) Limitation on waiver of rights and protections under Servicemembers Civil Relief Act (1) Limitation Section 107(a) of the Servicemembers Civil Relief Act ( 50 U.S.C. 3918(a) ) is amended— (A) in the second sentence, by inserting and if it is made after a specific dispute has arisen and the dispute is identified in the waiver after to which it applies ; and (B) in the third sentence, by inserting and if it is made after a specific dispute has arisen and the dispute is identified in the waiver after period of military service. (2) Applicability The amendment made by paragraph (1) shall apply with respect to waivers made on or after the date of the enactment of this Act. (c) Clarification of private right of action under Servicemembers Civil Relief Act Section 802(a) of the Servicemembers Civil Relief Act ( 50 U.S.C. 4042(a) ) is amended— (1) in the matter preceding paragraph (1), by inserting , notwithstanding any previous agreement to the contrary, after may ; and (2) in paragraph (3), by striking , notwithstanding any previous agreement to the contrary.
2,292
[ "Veterans' Affairs Committee" ]
118hr2666ih
118
hr
2,666
ih
To amend title XIX of the Social Security Act to codify value-based purchasing arrangements under the Medicaid program and reforms related to price reporting under such arrangements, and for other purposes.
[ { "text": "1. Short title \nThis Act may be cited as the Medicaid VBPs for Patients Act or the MVP Act.", "id": "HF865296DF68443F0B49350BFB016CAA6", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Findings \nThe Congress finds the following: (1) Value-based payment (VBP) arrangements are a critical component of a modernized reimbursement system. By codifying elements of the recently finalized “multiple best price” policies of the Centers for Medicare & Medicaid Services, Congress is enshrining a sustainable and flexible payment approach for innovative treatments and cures. (2) Many of these treatments, including gene therapies, are different from traditional pharmaceutical and biologic products in that they can offer long-lasting—sometimes lifelong—benefits for patients and long-term value for the health care system alike. (3) There are hundreds of innovative, curative, and life-changing treatments currently in development in the United States. However, the current reimbursement structure was not designed with these therapies in mind, and allowing for innovative payment arrangements will spur greater development and access to future cures and treatments. (4) Medicaid is currently losing out on innovative ways to ensure patients have access to these treatments, while private payors continue to see the value provided through flexible payment arrangements. (5) VBP arrangements include the ability to pay based on evidence-based outcomes and, over time, spreading the risk across all entities involved in the contract and ensuring that these often costly treatments are accessible. (6) Evidence-based outcomes can demonstrate decreased cost to the health system and to patients, including reduced hospitalizations and lower utilization of other health care expenditures, including lab work, other medications, and office visits. (7) By allowing VBPs in Medicaid, the health care system will continue to move towards quality over quantity, holding manufacturers and providers accountable for the best treatment for every patient.", "id": "H52BB15D4146948908442F58E5A170B4B", "header": "Findings", "nested": [], "links": [] }, { "text": "3. Codifying value-based purchasing arrangements under Medicaid and reforms related to price reporting under such arrangements \n(a) Codifying the VBP rule \nThe revision to section 447.505(a) of title 42, Code of Federal Regulations, related to the inclusion of varying best price points available under a value-based purchasing arrangement (as defined in section 1927(k)(12) of the Social Security Act ( 42 U.S.C. 1396r–8(k)(12) , as added by subsection (d) of this section) for a single dosage form and strength of a covered outpatient drug if a manufacturer offers such pricing structure to all States, shall have the force and effect of law. (b) Quarterly reporting obligation \n(1) In general \nSection 1927(b)(3)(A) of the Social Security Act ( 42 U.S.C. 1396r–8(b)(3)(A) ) is amended— (A) in clause (iv), by striking at the end and ; (B) in clause (v), by striking at the end the period and inserting ; and ; (C) by inserting after clause (v) the following new clause: (vi) in conjunction with reporting required under clause (i), in the case of a covered outpatient drug that is sold under a value-based purchasing arrangement (as defined in subsection (k)(12)) made available by the manufacturer to a State plan— (I) the pricing structure for such drug based on pre-defined outcomes or measures specified in such value-based purchasing arrangement; and (II) the best price for such covered outpatient drug outside of a value-based purchasing arrangement, which in the event such drug is sold exclusively through such an arrangement, means the lowest price available net of any discounts or offsets that are unrelated to a refund, rebate, reimbursement, free item, withholding, or repayment made under a value-based purchasing arrangement for such drug. ; and (D) by adding at the end of the flush left matter at the end the following new sentence: Information reported with respect to a rebate period under clause (i)(I) relating to average manufacturer price and clause (i)(II) relating to best price shall be updated for such rebate period if, subsequent to the date such information was reported, cumulative discounts, rebates, or other arrangements adjust such average price actually realized or best price available to the extent that such cumulative discounts, rebates, or other arrangements are not excluded under this section from the determination of average manufacturer price or best price. (2) Rules of construction \nNothing in the amendments made by paragraph (1) shall be construed as— (A) requiring— (i) a State to enter into a value-based purchasing arrangement with a manufacturer for a covered outpatient drug; or (ii) a manufacturer to enter into a value-based purchasing arrangement with a State for a covered outpatient drug; (B) prohibiting a manufacturer from treating a value-based purchasing arrangement as a bundled sale; or (C) precluding the execution of a supplemental rebate agreement, as provided in section 1927(a)(1) of the Social Security Act ( 42 U.S.C. 1396r–8(a)(1) ), for a covered outpatient drug sold under a value-based purchasing arrangement. (c) Definition of average manufacturer price \nSection 1927(k)(1) of the Social Security Act ( 42 U.S.C. 1396r–8(k)(1) ) is amended— (1) in subparagraph (B)(i)— (A) in subclause (IV), by striking at the end and ; (B) in subclause (V), by striking the period at the end and inserting ; and ; and (C) by adding at the end the following new subclause: (VI) in accordance with subsection (b)(3)(A)(vi), with respect to such covered outpatient drug that is sold under a value-based purchasing arrangement (as defined in paragraph (12)) during the rebate period— (aa) a refund, rebate, reimbursement, or free goods from the manufacturer or third party on behalf of the manufacturer; or (bb) the withholding or reduction of a payment to the manufacturer or third party on behalf of the manufacturer; that is triggered by a patient who fails to achieve outcomes or measures defined under the terms of such value-based purchasing arrangement during the period for which such agreement is effective. ; and (2) by adding at the end the following new subparagraph: (D) Special rule for certain value-based purchasing arrangements \nFor purposes of subparagraph (A), in determining the average price paid to the manufacturer for a covered outpatient drug that is sold under a value-based purchasing arrangement (as defined in paragraph (12)) that provides that payment for such drug is made in installments over the course of such agreement, such price shall be determined as if the aggregate price per the terms of the agreement was paid in full in the first installment during the rebate period.. (d) Definition of value-Based purchasing arrangement \nSection 1927(k) of the Social Security Act ( 42 U.S.C. 1396r–8(k) ) shall be amended by adding at the end the following paragraph: (12) Value-Based Purchasing Arrangement \nThe term value-based purchasing arrangement means an arrangement or agreement intended to align pricing or payments to an observed or expected therapeutic or clinical value in a select population and includes— (A) evidence-based measures, which substantially link the cost of a covered outpatient drug to existing evidence of effectiveness and potential value for specific uses of that product; or (B) outcomes-based measures, which substantially link payment for the covered outpatient drug to that of the drug’s actual performance in patient or a population, or a reduction in other medical expenses..", "id": "H1FCFE546E2C24E6D9754F1FF7664CD84", "header": "Codifying value-based purchasing arrangements under Medicaid and reforms related to price reporting under such arrangements", "nested": [ { "text": "(a) Codifying the VBP rule \nThe revision to section 447.505(a) of title 42, Code of Federal Regulations, related to the inclusion of varying best price points available under a value-based purchasing arrangement (as defined in section 1927(k)(12) of the Social Security Act ( 42 U.S.C. 1396r–8(k)(12) , as added by subsection (d) of this section) for a single dosage form and strength of a covered outpatient drug if a manufacturer offers such pricing structure to all States, shall have the force and effect of law.", "id": "HC4907C64F616436986987672A59B0FDD", "header": "Codifying the VBP rule", "nested": [], "links": [ { "text": "42 U.S.C. 1396r–8(k)(12)", "legal-doc": "usc", "parsable-cite": "usc/42/1396r-8" } ] }, { "text": "(b) Quarterly reporting obligation \n(1) In general \nSection 1927(b)(3)(A) of the Social Security Act ( 42 U.S.C. 1396r–8(b)(3)(A) ) is amended— (A) in clause (iv), by striking at the end and ; (B) in clause (v), by striking at the end the period and inserting ; and ; (C) by inserting after clause (v) the following new clause: (vi) in conjunction with reporting required under clause (i), in the case of a covered outpatient drug that is sold under a value-based purchasing arrangement (as defined in subsection (k)(12)) made available by the manufacturer to a State plan— (I) the pricing structure for such drug based on pre-defined outcomes or measures specified in such value-based purchasing arrangement; and (II) the best price for such covered outpatient drug outside of a value-based purchasing arrangement, which in the event such drug is sold exclusively through such an arrangement, means the lowest price available net of any discounts or offsets that are unrelated to a refund, rebate, reimbursement, free item, withholding, or repayment made under a value-based purchasing arrangement for such drug. ; and (D) by adding at the end of the flush left matter at the end the following new sentence: Information reported with respect to a rebate period under clause (i)(I) relating to average manufacturer price and clause (i)(II) relating to best price shall be updated for such rebate period if, subsequent to the date such information was reported, cumulative discounts, rebates, or other arrangements adjust such average price actually realized or best price available to the extent that such cumulative discounts, rebates, or other arrangements are not excluded under this section from the determination of average manufacturer price or best price. (2) Rules of construction \nNothing in the amendments made by paragraph (1) shall be construed as— (A) requiring— (i) a State to enter into a value-based purchasing arrangement with a manufacturer for a covered outpatient drug; or (ii) a manufacturer to enter into a value-based purchasing arrangement with a State for a covered outpatient drug; (B) prohibiting a manufacturer from treating a value-based purchasing arrangement as a bundled sale; or (C) precluding the execution of a supplemental rebate agreement, as provided in section 1927(a)(1) of the Social Security Act ( 42 U.S.C. 1396r–8(a)(1) ), for a covered outpatient drug sold under a value-based purchasing arrangement.", "id": "H6571AB66945D4CCEB8C8A6B77D3F753C", "header": "Quarterly reporting obligation", "nested": [], "links": [ { "text": "42 U.S.C. 1396r–8(b)(3)(A)", "legal-doc": "usc", "parsable-cite": "usc/42/1396r-8" }, { "text": "42 U.S.C. 1396r–8(a)(1)", "legal-doc": "usc", "parsable-cite": "usc/42/1396r-8" } ] }, { "text": "(c) Definition of average manufacturer price \nSection 1927(k)(1) of the Social Security Act ( 42 U.S.C. 1396r–8(k)(1) ) is amended— (1) in subparagraph (B)(i)— (A) in subclause (IV), by striking at the end and ; (B) in subclause (V), by striking the period at the end and inserting ; and ; and (C) by adding at the end the following new subclause: (VI) in accordance with subsection (b)(3)(A)(vi), with respect to such covered outpatient drug that is sold under a value-based purchasing arrangement (as defined in paragraph (12)) during the rebate period— (aa) a refund, rebate, reimbursement, or free goods from the manufacturer or third party on behalf of the manufacturer; or (bb) the withholding or reduction of a payment to the manufacturer or third party on behalf of the manufacturer; that is triggered by a patient who fails to achieve outcomes or measures defined under the terms of such value-based purchasing arrangement during the period for which such agreement is effective. ; and (2) by adding at the end the following new subparagraph: (D) Special rule for certain value-based purchasing arrangements \nFor purposes of subparagraph (A), in determining the average price paid to the manufacturer for a covered outpatient drug that is sold under a value-based purchasing arrangement (as defined in paragraph (12)) that provides that payment for such drug is made in installments over the course of such agreement, such price shall be determined as if the aggregate price per the terms of the agreement was paid in full in the first installment during the rebate period..", "id": "HC3C0E4FBFA34405AB5616D2E88CD62B7", "header": "Definition of average manufacturer price", "nested": [], "links": [ { "text": "42 U.S.C. 1396r–8(k)(1)", "legal-doc": "usc", "parsable-cite": "usc/42/1396r-8" } ] }, { "text": "(d) Definition of value-Based purchasing arrangement \nSection 1927(k) of the Social Security Act ( 42 U.S.C. 1396r–8(k) ) shall be amended by adding at the end the following paragraph: (12) Value-Based Purchasing Arrangement \nThe term value-based purchasing arrangement means an arrangement or agreement intended to align pricing or payments to an observed or expected therapeutic or clinical value in a select population and includes— (A) evidence-based measures, which substantially link the cost of a covered outpatient drug to existing evidence of effectiveness and potential value for specific uses of that product; or (B) outcomes-based measures, which substantially link payment for the covered outpatient drug to that of the drug’s actual performance in patient or a population, or a reduction in other medical expenses..", "id": "H5958B83207114B4FB8A7D98DE53ACB27", "header": "Definition of value-Based purchasing arrangement", "nested": [], "links": [ { "text": "42 U.S.C. 1396r–8(k)", "legal-doc": "usc", "parsable-cite": "usc/42/1396r-8" } ] } ], "links": [ { "text": "42 U.S.C. 1396r–8(k)(12)", "legal-doc": "usc", "parsable-cite": "usc/42/1396r-8" }, { "text": "42 U.S.C. 1396r–8(b)(3)(A)", "legal-doc": "usc", "parsable-cite": "usc/42/1396r-8" }, { "text": "42 U.S.C. 1396r–8(a)(1)", "legal-doc": "usc", "parsable-cite": "usc/42/1396r-8" }, { "text": "42 U.S.C. 1396r–8(k)(1)", "legal-doc": "usc", "parsable-cite": "usc/42/1396r-8" }, { "text": "42 U.S.C. 1396r–8(k)", "legal-doc": "usc", "parsable-cite": "usc/42/1396r-8" } ] }, { "text": "4. Calculation of average sales price under Medicare \nSection 1847A(c)(2) of the Social Security Act (42 U.S.C. 1395w–3a(c)(2)) is amended by adding at the end the following new subparagraph: (C) Sales subject to a value-based purchasing arrangement \nSales of a drug made under a value-based purchasing arrangement (as defined in section 1927(k)(12)), but only if the manufacturer of such drug has elected to report multiple best prices under section 1927(c) with respect to such drug in accordance with the revision described in section 3(a) of the MVP Act..", "id": "H6EA2026061DB461CB909E16C29AC6D03", "header": "Calculation of average sales price under Medicare", "nested": [], "links": [] }, { "text": "5. Value-based purchasing arrangements for inpatient drugs under Medicaid \nTitle XIX of the Social Security Act ( 42 U.S.C. 1396 et seq. ) is amended by adding at the end the following new section: 1948. Value-based purchasing arrangements for inpatient drugs \n(a) In general \nNotwithstanding section 1902(a)(1) (relating to statewideness), section 1902(a)(10)(b) (relating to comparability), and any other provision of this title for which the secretary determines it is necessary to waive in order to implement this section, beginning on January 1, 2024, the Secretary shall establish a program under which States may provide under their State plans under this title (including such a plan operating under a statewide waiver under section 1115) medical assistance for drugs furnished to individuals in an inpatient setting pursuant to a value-based purshasing arrangement (as defined in section 1927(k)(12)) with manufacturers of such drugs. (b) Application of certain outpatient provisions to inpatient drugs \n(1) In general \nUnder the program established under subsection (a), the Secretary shall provide for the application of the provisions described in paragraph (2) to value-based purchasing arrangements relating to drugs administered in the inpatient setting in a manner similar to the manner in which such provisions would apply if such drugs were administered in an outpatient setting. (2) Provisions described \nThe provisions described in this paragraph are as follows: (A) Quarterly price reporting obligation \nSection 1927(b)(3)(E). (B) Definition of best price \nClauses (i)(VII) and (ii)(V) of section 1927(c)(1)(C). (C) Definition of average manufacturer price \nSubparagraphs (B)(i)(VI) and (D) of section 1927(k)(1). (D) Anti-kickback and physician self-referral safe harbors \nSection 1128B(b)(3)(L) and section 1877(h)(1)(C)(iv). (c) Carve-Out of drugs \nIn the case of a drug that is sold under a value-based purchasing arrangement, the Secretary shall permit States to pay for such drug under the terms and conditions of the arrangement separately from other inpatient items and services furnished to the individual. (d) Multi-State agreements \nUnder the program established under subsection (a), the Secretary shall permit multiple States to enter into agreements with one another and with manufacturers which permit the transfer of funds between the participating states so that individuals who reside in a State different from the State in which they receive a drug subject to an value-based purchasing arrangement as an inpatient may be treated as if they received such drug in the State in which they reside. (e) Construction \nNothing in this subparagraph shall be construed as deeming a drug furnished to an inpatient as being subject to the drug discount program under section 340B of the Public Health Service Act..", "id": "H76D77695E665430EA9FB0B6CFD6AC856", "header": "Value-based purchasing arrangements for inpatient drugs under Medicaid", "nested": [], "links": [ { "text": "42 U.S.C. 1396 et seq.", "legal-doc": "usc", "parsable-cite": "usc/42/1396" } ] }, { "text": "1948. Value-based purchasing arrangements for inpatient drugs \n(a) In general \nNotwithstanding section 1902(a)(1) (relating to statewideness), section 1902(a)(10)(b) (relating to comparability), and any other provision of this title for which the secretary determines it is necessary to waive in order to implement this section, beginning on January 1, 2024, the Secretary shall establish a program under which States may provide under their State plans under this title (including such a plan operating under a statewide waiver under section 1115) medical assistance for drugs furnished to individuals in an inpatient setting pursuant to a value-based purshasing arrangement (as defined in section 1927(k)(12)) with manufacturers of such drugs. (b) Application of certain outpatient provisions to inpatient drugs \n(1) In general \nUnder the program established under subsection (a), the Secretary shall provide for the application of the provisions described in paragraph (2) to value-based purchasing arrangements relating to drugs administered in the inpatient setting in a manner similar to the manner in which such provisions would apply if such drugs were administered in an outpatient setting. (2) Provisions described \nThe provisions described in this paragraph are as follows: (A) Quarterly price reporting obligation \nSection 1927(b)(3)(E). (B) Definition of best price \nClauses (i)(VII) and (ii)(V) of section 1927(c)(1)(C). (C) Definition of average manufacturer price \nSubparagraphs (B)(i)(VI) and (D) of section 1927(k)(1). (D) Anti-kickback and physician self-referral safe harbors \nSection 1128B(b)(3)(L) and section 1877(h)(1)(C)(iv). (c) Carve-Out of drugs \nIn the case of a drug that is sold under a value-based purchasing arrangement, the Secretary shall permit States to pay for such drug under the terms and conditions of the arrangement separately from other inpatient items and services furnished to the individual. (d) Multi-State agreements \nUnder the program established under subsection (a), the Secretary shall permit multiple States to enter into agreements with one another and with manufacturers which permit the transfer of funds between the participating states so that individuals who reside in a State different from the State in which they receive a drug subject to an value-based purchasing arrangement as an inpatient may be treated as if they received such drug in the State in which they reside. (e) Construction \nNothing in this subparagraph shall be construed as deeming a drug furnished to an inpatient as being subject to the drug discount program under section 340B of the Public Health Service Act.", "id": "H500FF493886C41E78BCADD3050E933BD", "header": "Value-based purchasing arrangements for inpatient drugs", "nested": [ { "text": "(a) In general \nNotwithstanding section 1902(a)(1) (relating to statewideness), section 1902(a)(10)(b) (relating to comparability), and any other provision of this title for which the secretary determines it is necessary to waive in order to implement this section, beginning on January 1, 2024, the Secretary shall establish a program under which States may provide under their State plans under this title (including such a plan operating under a statewide waiver under section 1115) medical assistance for drugs furnished to individuals in an inpatient setting pursuant to a value-based purshasing arrangement (as defined in section 1927(k)(12)) with manufacturers of such drugs.", "id": "H2F41D1617B994074822AE6EE3CD30129", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Application of certain outpatient provisions to inpatient drugs \n(1) In general \nUnder the program established under subsection (a), the Secretary shall provide for the application of the provisions described in paragraph (2) to value-based purchasing arrangements relating to drugs administered in the inpatient setting in a manner similar to the manner in which such provisions would apply if such drugs were administered in an outpatient setting. (2) Provisions described \nThe provisions described in this paragraph are as follows: (A) Quarterly price reporting obligation \nSection 1927(b)(3)(E). (B) Definition of best price \nClauses (i)(VII) and (ii)(V) of section 1927(c)(1)(C). (C) Definition of average manufacturer price \nSubparagraphs (B)(i)(VI) and (D) of section 1927(k)(1). (D) Anti-kickback and physician self-referral safe harbors \nSection 1128B(b)(3)(L) and section 1877(h)(1)(C)(iv).", "id": "H1A60E800605D4984B057390901640219", "header": "Application of certain outpatient provisions to inpatient drugs", "nested": [], "links": [] }, { "text": "(c) Carve-Out of drugs \nIn the case of a drug that is sold under a value-based purchasing arrangement, the Secretary shall permit States to pay for such drug under the terms and conditions of the arrangement separately from other inpatient items and services furnished to the individual.", "id": "HAC2A50D775184645866D388488294698", "header": "Carve-Out of drugs", "nested": [], "links": [] }, { "text": "(d) Multi-State agreements \nUnder the program established under subsection (a), the Secretary shall permit multiple States to enter into agreements with one another and with manufacturers which permit the transfer of funds between the participating states so that individuals who reside in a State different from the State in which they receive a drug subject to an value-based purchasing arrangement as an inpatient may be treated as if they received such drug in the State in which they reside.", "id": "HA4429986EFB74A0EBC20993F127FA04A", "header": "Multi-State agreements", "nested": [], "links": [] }, { "text": "(e) Construction \nNothing in this subparagraph shall be construed as deeming a drug furnished to an inpatient as being subject to the drug discount program under section 340B of the Public Health Service Act.", "id": "H13F132CBBA314B65B67897E3B95DE190", "header": "Construction", "nested": [], "links": [] } ], "links": [] }, { "text": "6. Remuneration in Federal health care programs \nSection 1128B(b)(3) of the Social Security Act (42 U.S.C. 1320a–7b(b)(3)) is amended— (1) in subclause (J)— (A) by moving the left margin of such subparagraph 2 ems to the left; and (B) by striking and after the semicolon at the end; (2) in subclause (K)— (A) by moving the left margin of such subparagraph 2 ems to the left; and (B) by striking the period at the end and inserting ; and ; and (3) by adding at the end the following new subparagraph: (L) any remuneration provided by a manufacturer or third party on behalf of a manufacturer to a plan under a value-based purchasing arrangement (as defined in section 1927(k)(12)) in the case a patient fails to achieve outcomes or measures defined in such arrangement following the administration of a covered outpatient drug (as defined in section 1927(k)(2))..", "id": "H828AB1C24B2E4331B4015532CC85963C", "header": "Remuneration in Federal health care programs", "nested": [], "links": [] }, { "text": "7. GAO study and report on use of value-based purchasing arrangements \n(a) Study \nThe Comptroller General of the United States shall conduct a study on the extent to which value-based purchasing arrangements (as defined in section 1927(k)(12) of the Social Security Act ( 42 U.S.C. 1396r–8(k)(12) ) facilitate patient access to covered outpatient drugs, improve patient outcomes, lower overall health system costs, and lower costs for patients in Federal health care programs. In conducting such study, the Comptroller General shall— (1) study the impact of this Act on— (A) access to transformative therapies, including rare disease gene therapies, generally; (B) mitigating socioeconomic disparities in accessing covered outpatient drugs sold under value-based purchasing arrangements through its requirement that State Medicaid programs have access to the same value-based purchasing arrangement pricing structure that are available in the commercial market for such drugs; and (C) the Medicaid drug rebate program under section 1927 of the Social Security Act ( 42 U.S.C. 1396r–8 ), the 340B drug pricing program under section 340B of the Public Health Service Act ( 42 U.S.C. 256b ), and part B of title XVIII of the Social Security Act ( 42 U.S.C. 1395j et seq. ), including compliance with such programs; and (2) using data submitted pursuant to clause (vi) of section 1927(b)(3)(A) of the Social Security Act ( 42 U.S.C. 1396r–8(b)(3)(A) ), as added by section 3 of this Act, analyze all the types of value-based purchasing arrangement pricing structures, which structures are working well (as measured by price and ease of implementing), and which need improvement. (b) Report \nNot later than June 30, 2027, the Comptroller General of the United States shall submit to Congress a report containing the results of the study conducted under subsection (a).", "id": "HD35AD0A4C2C146D78C2BD69174FFE7A3", "header": "GAO study and report on use of value-based purchasing arrangements", "nested": [ { "text": "(a) Study \nThe Comptroller General of the United States shall conduct a study on the extent to which value-based purchasing arrangements (as defined in section 1927(k)(12) of the Social Security Act ( 42 U.S.C. 1396r–8(k)(12) ) facilitate patient access to covered outpatient drugs, improve patient outcomes, lower overall health system costs, and lower costs for patients in Federal health care programs. In conducting such study, the Comptroller General shall— (1) study the impact of this Act on— (A) access to transformative therapies, including rare disease gene therapies, generally; (B) mitigating socioeconomic disparities in accessing covered outpatient drugs sold under value-based purchasing arrangements through its requirement that State Medicaid programs have access to the same value-based purchasing arrangement pricing structure that are available in the commercial market for such drugs; and (C) the Medicaid drug rebate program under section 1927 of the Social Security Act ( 42 U.S.C. 1396r–8 ), the 340B drug pricing program under section 340B of the Public Health Service Act ( 42 U.S.C. 256b ), and part B of title XVIII of the Social Security Act ( 42 U.S.C. 1395j et seq. ), including compliance with such programs; and (2) using data submitted pursuant to clause (vi) of section 1927(b)(3)(A) of the Social Security Act ( 42 U.S.C. 1396r–8(b)(3)(A) ), as added by section 3 of this Act, analyze all the types of value-based purchasing arrangement pricing structures, which structures are working well (as measured by price and ease of implementing), and which need improvement.", "id": "HFBB480329C61423AB3127B31239EC052", "header": "Study", "nested": [], "links": [ { "text": "42 U.S.C. 1396r–8(k)(12)", "legal-doc": "usc", "parsable-cite": "usc/42/1396r-8" }, { "text": "42 U.S.C. 1396r–8", "legal-doc": "usc", "parsable-cite": "usc/42/1396r-8" }, { "text": "42 U.S.C. 256b", "legal-doc": "usc", "parsable-cite": "usc/42/256b" }, { "text": "42 U.S.C. 1395j et seq.", "legal-doc": "usc", "parsable-cite": "usc/42/1395j" }, { "text": "42 U.S.C. 1396r–8(b)(3)(A)", "legal-doc": "usc", "parsable-cite": "usc/42/1396r-8" } ] }, { "text": "(b) Report \nNot later than June 30, 2027, the Comptroller General of the United States shall submit to Congress a report containing the results of the study conducted under subsection (a).", "id": "H94A2FD62BE9A496AA268DF13A1B07833", "header": "Report", "nested": [], "links": [] } ], "links": [ { "text": "42 U.S.C. 1396r–8(k)(12)", "legal-doc": "usc", "parsable-cite": "usc/42/1396r-8" }, { "text": "42 U.S.C. 1396r–8", "legal-doc": "usc", "parsable-cite": "usc/42/1396r-8" }, { "text": "42 U.S.C. 256b", "legal-doc": "usc", "parsable-cite": "usc/42/256b" }, { "text": "42 U.S.C. 1395j et seq.", "legal-doc": "usc", "parsable-cite": "usc/42/1395j" }, { "text": "42 U.S.C. 1396r–8(b)(3)(A)", "legal-doc": "usc", "parsable-cite": "usc/42/1396r-8" } ] }, { "text": "8. Sunset \nThe provisions of, and the amendments made by, this Act shall have no effect beginning 5 years after the date of the enactment of this Act. The preceding sentence shall not apply to any value-based purchasing arrangement in effect as of the date that is 5 years after such date of enactment.", "id": "HDC8B4864E01644A79AE5106178C37703", "header": "Sunset", "nested": [], "links": [] } ]
9
1. Short title This Act may be cited as the Medicaid VBPs for Patients Act or the MVP Act. 2. Findings The Congress finds the following: (1) Value-based payment (VBP) arrangements are a critical component of a modernized reimbursement system. By codifying elements of the recently finalized “multiple best price” policies of the Centers for Medicare & Medicaid Services, Congress is enshrining a sustainable and flexible payment approach for innovative treatments and cures. (2) Many of these treatments, including gene therapies, are different from traditional pharmaceutical and biologic products in that they can offer long-lasting—sometimes lifelong—benefits for patients and long-term value for the health care system alike. (3) There are hundreds of innovative, curative, and life-changing treatments currently in development in the United States. However, the current reimbursement structure was not designed with these therapies in mind, and allowing for innovative payment arrangements will spur greater development and access to future cures and treatments. (4) Medicaid is currently losing out on innovative ways to ensure patients have access to these treatments, while private payors continue to see the value provided through flexible payment arrangements. (5) VBP arrangements include the ability to pay based on evidence-based outcomes and, over time, spreading the risk across all entities involved in the contract and ensuring that these often costly treatments are accessible. (6) Evidence-based outcomes can demonstrate decreased cost to the health system and to patients, including reduced hospitalizations and lower utilization of other health care expenditures, including lab work, other medications, and office visits. (7) By allowing VBPs in Medicaid, the health care system will continue to move towards quality over quantity, holding manufacturers and providers accountable for the best treatment for every patient. 3. Codifying value-based purchasing arrangements under Medicaid and reforms related to price reporting under such arrangements (a) Codifying the VBP rule The revision to section 447.505(a) of title 42, Code of Federal Regulations, related to the inclusion of varying best price points available under a value-based purchasing arrangement (as defined in section 1927(k)(12) of the Social Security Act ( 42 U.S.C. 1396r–8(k)(12) , as added by subsection (d) of this section) for a single dosage form and strength of a covered outpatient drug if a manufacturer offers such pricing structure to all States, shall have the force and effect of law. (b) Quarterly reporting obligation (1) In general Section 1927(b)(3)(A) of the Social Security Act ( 42 U.S.C. 1396r–8(b)(3)(A) ) is amended— (A) in clause (iv), by striking at the end and ; (B) in clause (v), by striking at the end the period and inserting ; and ; (C) by inserting after clause (v) the following new clause: (vi) in conjunction with reporting required under clause (i), in the case of a covered outpatient drug that is sold under a value-based purchasing arrangement (as defined in subsection (k)(12)) made available by the manufacturer to a State plan— (I) the pricing structure for such drug based on pre-defined outcomes or measures specified in such value-based purchasing arrangement; and (II) the best price for such covered outpatient drug outside of a value-based purchasing arrangement, which in the event such drug is sold exclusively through such an arrangement, means the lowest price available net of any discounts or offsets that are unrelated to a refund, rebate, reimbursement, free item, withholding, or repayment made under a value-based purchasing arrangement for such drug. ; and (D) by adding at the end of the flush left matter at the end the following new sentence: Information reported with respect to a rebate period under clause (i)(I) relating to average manufacturer price and clause (i)(II) relating to best price shall be updated for such rebate period if, subsequent to the date such information was reported, cumulative discounts, rebates, or other arrangements adjust such average price actually realized or best price available to the extent that such cumulative discounts, rebates, or other arrangements are not excluded under this section from the determination of average manufacturer price or best price. (2) Rules of construction Nothing in the amendments made by paragraph (1) shall be construed as— (A) requiring— (i) a State to enter into a value-based purchasing arrangement with a manufacturer for a covered outpatient drug; or (ii) a manufacturer to enter into a value-based purchasing arrangement with a State for a covered outpatient drug; (B) prohibiting a manufacturer from treating a value-based purchasing arrangement as a bundled sale; or (C) precluding the execution of a supplemental rebate agreement, as provided in section 1927(a)(1) of the Social Security Act ( 42 U.S.C. 1396r–8(a)(1) ), for a covered outpatient drug sold under a value-based purchasing arrangement. (c) Definition of average manufacturer price Section 1927(k)(1) of the Social Security Act ( 42 U.S.C. 1396r–8(k)(1) ) is amended— (1) in subparagraph (B)(i)— (A) in subclause (IV), by striking at the end and ; (B) in subclause (V), by striking the period at the end and inserting ; and ; and (C) by adding at the end the following new subclause: (VI) in accordance with subsection (b)(3)(A)(vi), with respect to such covered outpatient drug that is sold under a value-based purchasing arrangement (as defined in paragraph (12)) during the rebate period— (aa) a refund, rebate, reimbursement, or free goods from the manufacturer or third party on behalf of the manufacturer; or (bb) the withholding or reduction of a payment to the manufacturer or third party on behalf of the manufacturer; that is triggered by a patient who fails to achieve outcomes or measures defined under the terms of such value-based purchasing arrangement during the period for which such agreement is effective. ; and (2) by adding at the end the following new subparagraph: (D) Special rule for certain value-based purchasing arrangements For purposes of subparagraph (A), in determining the average price paid to the manufacturer for a covered outpatient drug that is sold under a value-based purchasing arrangement (as defined in paragraph (12)) that provides that payment for such drug is made in installments over the course of such agreement, such price shall be determined as if the aggregate price per the terms of the agreement was paid in full in the first installment during the rebate period.. (d) Definition of value-Based purchasing arrangement Section 1927(k) of the Social Security Act ( 42 U.S.C. 1396r–8(k) ) shall be amended by adding at the end the following paragraph: (12) Value-Based Purchasing Arrangement The term value-based purchasing arrangement means an arrangement or agreement intended to align pricing or payments to an observed or expected therapeutic or clinical value in a select population and includes— (A) evidence-based measures, which substantially link the cost of a covered outpatient drug to existing evidence of effectiveness and potential value for specific uses of that product; or (B) outcomes-based measures, which substantially link payment for the covered outpatient drug to that of the drug’s actual performance in patient or a population, or a reduction in other medical expenses.. 4. Calculation of average sales price under Medicare Section 1847A(c)(2) of the Social Security Act (42 U.S.C. 1395w–3a(c)(2)) is amended by adding at the end the following new subparagraph: (C) Sales subject to a value-based purchasing arrangement Sales of a drug made under a value-based purchasing arrangement (as defined in section 1927(k)(12)), but only if the manufacturer of such drug has elected to report multiple best prices under section 1927(c) with respect to such drug in accordance with the revision described in section 3(a) of the MVP Act.. 5. Value-based purchasing arrangements for inpatient drugs under Medicaid Title XIX of the Social Security Act ( 42 U.S.C. 1396 et seq. ) is amended by adding at the end the following new section: 1948. Value-based purchasing arrangements for inpatient drugs (a) In general Notwithstanding section 1902(a)(1) (relating to statewideness), section 1902(a)(10)(b) (relating to comparability), and any other provision of this title for which the secretary determines it is necessary to waive in order to implement this section, beginning on January 1, 2024, the Secretary shall establish a program under which States may provide under their State plans under this title (including such a plan operating under a statewide waiver under section 1115) medical assistance for drugs furnished to individuals in an inpatient setting pursuant to a value-based purshasing arrangement (as defined in section 1927(k)(12)) with manufacturers of such drugs. (b) Application of certain outpatient provisions to inpatient drugs (1) In general Under the program established under subsection (a), the Secretary shall provide for the application of the provisions described in paragraph (2) to value-based purchasing arrangements relating to drugs administered in the inpatient setting in a manner similar to the manner in which such provisions would apply if such drugs were administered in an outpatient setting. (2) Provisions described The provisions described in this paragraph are as follows: (A) Quarterly price reporting obligation Section 1927(b)(3)(E). (B) Definition of best price Clauses (i)(VII) and (ii)(V) of section 1927(c)(1)(C). (C) Definition of average manufacturer price Subparagraphs (B)(i)(VI) and (D) of section 1927(k)(1). (D) Anti-kickback and physician self-referral safe harbors Section 1128B(b)(3)(L) and section 1877(h)(1)(C)(iv). (c) Carve-Out of drugs In the case of a drug that is sold under a value-based purchasing arrangement, the Secretary shall permit States to pay for such drug under the terms and conditions of the arrangement separately from other inpatient items and services furnished to the individual. (d) Multi-State agreements Under the program established under subsection (a), the Secretary shall permit multiple States to enter into agreements with one another and with manufacturers which permit the transfer of funds between the participating states so that individuals who reside in a State different from the State in which they receive a drug subject to an value-based purchasing arrangement as an inpatient may be treated as if they received such drug in the State in which they reside. (e) Construction Nothing in this subparagraph shall be construed as deeming a drug furnished to an inpatient as being subject to the drug discount program under section 340B of the Public Health Service Act.. 1948. Value-based purchasing arrangements for inpatient drugs (a) In general Notwithstanding section 1902(a)(1) (relating to statewideness), section 1902(a)(10)(b) (relating to comparability), and any other provision of this title for which the secretary determines it is necessary to waive in order to implement this section, beginning on January 1, 2024, the Secretary shall establish a program under which States may provide under their State plans under this title (including such a plan operating under a statewide waiver under section 1115) medical assistance for drugs furnished to individuals in an inpatient setting pursuant to a value-based purshasing arrangement (as defined in section 1927(k)(12)) with manufacturers of such drugs. (b) Application of certain outpatient provisions to inpatient drugs (1) In general Under the program established under subsection (a), the Secretary shall provide for the application of the provisions described in paragraph (2) to value-based purchasing arrangements relating to drugs administered in the inpatient setting in a manner similar to the manner in which such provisions would apply if such drugs were administered in an outpatient setting. (2) Provisions described The provisions described in this paragraph are as follows: (A) Quarterly price reporting obligation Section 1927(b)(3)(E). (B) Definition of best price Clauses (i)(VII) and (ii)(V) of section 1927(c)(1)(C). (C) Definition of average manufacturer price Subparagraphs (B)(i)(VI) and (D) of section 1927(k)(1). (D) Anti-kickback and physician self-referral safe harbors Section 1128B(b)(3)(L) and section 1877(h)(1)(C)(iv). (c) Carve-Out of drugs In the case of a drug that is sold under a value-based purchasing arrangement, the Secretary shall permit States to pay for such drug under the terms and conditions of the arrangement separately from other inpatient items and services furnished to the individual. (d) Multi-State agreements Under the program established under subsection (a), the Secretary shall permit multiple States to enter into agreements with one another and with manufacturers which permit the transfer of funds between the participating states so that individuals who reside in a State different from the State in which they receive a drug subject to an value-based purchasing arrangement as an inpatient may be treated as if they received such drug in the State in which they reside. (e) Construction Nothing in this subparagraph shall be construed as deeming a drug furnished to an inpatient as being subject to the drug discount program under section 340B of the Public Health Service Act. 6. Remuneration in Federal health care programs Section 1128B(b)(3) of the Social Security Act (42 U.S.C. 1320a–7b(b)(3)) is amended— (1) in subclause (J)— (A) by moving the left margin of such subparagraph 2 ems to the left; and (B) by striking and after the semicolon at the end; (2) in subclause (K)— (A) by moving the left margin of such subparagraph 2 ems to the left; and (B) by striking the period at the end and inserting ; and ; and (3) by adding at the end the following new subparagraph: (L) any remuneration provided by a manufacturer or third party on behalf of a manufacturer to a plan under a value-based purchasing arrangement (as defined in section 1927(k)(12)) in the case a patient fails to achieve outcomes or measures defined in such arrangement following the administration of a covered outpatient drug (as defined in section 1927(k)(2)).. 7. GAO study and report on use of value-based purchasing arrangements (a) Study The Comptroller General of the United States shall conduct a study on the extent to which value-based purchasing arrangements (as defined in section 1927(k)(12) of the Social Security Act ( 42 U.S.C. 1396r–8(k)(12) ) facilitate patient access to covered outpatient drugs, improve patient outcomes, lower overall health system costs, and lower costs for patients in Federal health care programs. In conducting such study, the Comptroller General shall— (1) study the impact of this Act on— (A) access to transformative therapies, including rare disease gene therapies, generally; (B) mitigating socioeconomic disparities in accessing covered outpatient drugs sold under value-based purchasing arrangements through its requirement that State Medicaid programs have access to the same value-based purchasing arrangement pricing structure that are available in the commercial market for such drugs; and (C) the Medicaid drug rebate program under section 1927 of the Social Security Act ( 42 U.S.C. 1396r–8 ), the 340B drug pricing program under section 340B of the Public Health Service Act ( 42 U.S.C. 256b ), and part B of title XVIII of the Social Security Act ( 42 U.S.C. 1395j et seq. ), including compliance with such programs; and (2) using data submitted pursuant to clause (vi) of section 1927(b)(3)(A) of the Social Security Act ( 42 U.S.C. 1396r–8(b)(3)(A) ), as added by section 3 of this Act, analyze all the types of value-based purchasing arrangement pricing structures, which structures are working well (as measured by price and ease of implementing), and which need improvement. (b) Report Not later than June 30, 2027, the Comptroller General of the United States shall submit to Congress a report containing the results of the study conducted under subsection (a). 8. Sunset The provisions of, and the amendments made by, this Act shall have no effect beginning 5 years after the date of the enactment of this Act. The preceding sentence shall not apply to any value-based purchasing arrangement in effect as of the date that is 5 years after such date of enactment.
16,528
[ "Energy and Commerce Committee", "Ways and Means Committee" ]
118hr4256ih
118
hr
4,256
ih
To amend section 485 of the Higher Education Act of 1965 to require venue-specific heat illness emergency action plans for any institution of higher education that is a member of an athletic association or athletic conference, and for other purposes.
[ { "text": "1. Short title \nThis Act may be cited as the Jordan McNair Student Athlete Heat Fatality Prevention Act.", "id": "H7ABE6772BBA44FCCAFBF3B6AF958A436", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Findings \nCongress finds the following: (1) Heat-related illnesses are a serious medical condition that result from the body’s inability to cool itself down in extremely hot environments. Heat-related illnesses include heatstroke, heat exhaustion, heat cramps, heat syncope, heat rash, and muscle breakdown. When experiencing heat illness, patients may exhibit an array of symptoms including but not limited to confusion, slurred speech, unconsciousness, vomiting, seizures, fatigue, elevated body temperature, fainting, dizziness, or muscle pain. (2) The Centers for Disease Control and Prevention reported over 700 heat-related deaths in the United States from 2004 to 2018. Heat is the leading climate-related cause of deaths, and rising temperatures pose a serious risk to student athletes participating in outdoor sports. (3) Jordan McNair, a highly accomplished high school football player from Maryland, received scholarship offers from many competitive university football programs. He chose to continue his athletic and academic career at the University of Maryland. (4) On May 29, 2018, Jordan McNair collapsed during a workout on the University of Maryland’s football field in the 81 degrees Fahrenheit heat. McNair was suffering from exertional heatstroke and was unable to remain in an upright position without assistance from his teammates, medical staff, or coaching staff. (5) Despite being a student athlete at a well-funded division I university, Jordan McNair received inadequate heat-related illness treatment once he was escorted off the field and into the athletic training room. Because medical staff were unable to reverse McNair’s core body temperature, the illness escalated to a seizure and respiratory distress. (6) Most medical professionals advise patients to receive treatment within 30 minutes of initial heat illness symptoms. Over 90 minutes passed from the time McNair displayed initial symptoms of exertional heatstroke to the time he finally received adequate care from the nearest hospital. (7) By the time Jordan McNair arrived at the hospital, his core body temperature had reached a life-threatening temperature of 106 degrees Fahrenheit. (8) On June 13, 2018, two weeks after collapsing on the football field at practice, Jordan McNair died from symptoms of exertional heatstroke. (9) Two extensive external investigations of the University of Maryland’s football program concluded that the program’s medical staff failed to promptly intervene, diagnose, and treat Jordan McNair’s exertional heatstroke symptoms. (10) According to an independent medical report, University staff failed to assess Jordan McNair’s vitals, recognize and monitor heat-related illness symptoms, provide adequate cooling devices and respiratory aids, and generate an emergency plan to coordinate with emergency responders. (11) The University of Maryland has taken significant steps to prevent and treat heat-related injuries among their student athletes, making cold water immersion tubs available at every practice and game, installing and maintaining readily accessible automatic defibrillators at every venue, and increasing the training and reporting structure of athletic trainers, among other reforms in line with the priorities of this Act. (12) The McNair family is devoted to honoring Jordan’s legacy and founded the Jordan McNair Foundation, which provides an educational tool to help coaches, student athletes, and parents identify symptoms of heatstroke and heat-related illnesses. (13) Heat-related illnesses and fatalities are preventable if caught early. Medical staff, coaches, and athletes must be knowledgeable of the warning signs for heat-related illness in order to protect student athletes from injury, and even death.", "id": "H2614F90B0DF041D58E34E042E31648F0", "header": "Findings", "nested": [], "links": [] }, { "text": "3. Venue-specific heat illness emergency action plan requirements \nSection 485 of the Higher Education Act of 1965 ( 20 U.S.C. 1092 ) is amended by inserting at the end the following new subsection: (n) Venue-Specific heat illness emergency action plan requirement \n(1) In general \nEach institution of higher education that is participating in any program under this title and that is a member of an athletic association or athletic conference, shall— (A) not later than 1 year after the date of the enactment of this subsection and in consultation with local emergency responders, develop and implement a venue-specific heat illness emergency action plan, which shall include a plan for the operation and use of automatic external defibrillators and cold water immersion equipment; and (B) not later than 1 year after the date that such a plan is first implemented, and on an annual basis thereafter, submit to the Secretary and authorizing committees a report that demonstrates compliance with the requirements of this subsection with respect to the preceding year. (2) Requirements \nA plan developed and implemented under paragraph (1), with respect to an institution of higher education, shall— (A) include a symptom identification structure and a coordination of care plan for student athletes exhibiting signs of heat illness, and be visibly posted in each— (i) locker room; (ii) athletic training facility; (iii) weight room; and (iv) outdoor sports complex and stadium; (B) be made available on the athletic program website or public website of the institution of higher education at the beginning of each academic year; (C) be distributed to local emergency responders; and (D) before the start of in-person training for each academic year, be distributed to, and rehearsed in person by all of the following individuals at the institution of higher education: (i) Student athletes. (ii) Certified athletic trainers. (iii) Team physicians. (iv) Athletic training students. (v) Athletic administrators. (vi) Coaches. (vii) Institutional safety personnel. (viii) Legal counsel. (3) Recommendations \nIn developing a plan under paragraph (1), an institution of higher education shall consider— (A) including guidelines by the Wet-Bulb Globe Temperature index to assess environmental condition and heat stress prevention for student athletes; (B) having a readily accessible and properly maintained automatic external defibrillator within three minutes of each sporting venue; and (C) including the locations of each automatic external defibrillator in such plan. (4) Authorized adjustments \nIn the case of a facility described in paragraph (2)(A) that is undergoing a major physical alteration that would affect the implementation of a requirement of paragraph (2), such requirement may be adjusted with respect to the facility..", "id": "HDE9DDEF763594452AF5AD7095A6C9EC7", "header": "Venue-specific heat illness emergency action plan requirements", "nested": [], "links": [ { "text": "20 U.S.C. 1092", "legal-doc": "usc", "parsable-cite": "usc/20/1092" } ] } ]
3
1. Short title This Act may be cited as the Jordan McNair Student Athlete Heat Fatality Prevention Act. 2. Findings Congress finds the following: (1) Heat-related illnesses are a serious medical condition that result from the body’s inability to cool itself down in extremely hot environments. Heat-related illnesses include heatstroke, heat exhaustion, heat cramps, heat syncope, heat rash, and muscle breakdown. When experiencing heat illness, patients may exhibit an array of symptoms including but not limited to confusion, slurred speech, unconsciousness, vomiting, seizures, fatigue, elevated body temperature, fainting, dizziness, or muscle pain. (2) The Centers for Disease Control and Prevention reported over 700 heat-related deaths in the United States from 2004 to 2018. Heat is the leading climate-related cause of deaths, and rising temperatures pose a serious risk to student athletes participating in outdoor sports. (3) Jordan McNair, a highly accomplished high school football player from Maryland, received scholarship offers from many competitive university football programs. He chose to continue his athletic and academic career at the University of Maryland. (4) On May 29, 2018, Jordan McNair collapsed during a workout on the University of Maryland’s football field in the 81 degrees Fahrenheit heat. McNair was suffering from exertional heatstroke and was unable to remain in an upright position without assistance from his teammates, medical staff, or coaching staff. (5) Despite being a student athlete at a well-funded division I university, Jordan McNair received inadequate heat-related illness treatment once he was escorted off the field and into the athletic training room. Because medical staff were unable to reverse McNair’s core body temperature, the illness escalated to a seizure and respiratory distress. (6) Most medical professionals advise patients to receive treatment within 30 minutes of initial heat illness symptoms. Over 90 minutes passed from the time McNair displayed initial symptoms of exertional heatstroke to the time he finally received adequate care from the nearest hospital. (7) By the time Jordan McNair arrived at the hospital, his core body temperature had reached a life-threatening temperature of 106 degrees Fahrenheit. (8) On June 13, 2018, two weeks after collapsing on the football field at practice, Jordan McNair died from symptoms of exertional heatstroke. (9) Two extensive external investigations of the University of Maryland’s football program concluded that the program’s medical staff failed to promptly intervene, diagnose, and treat Jordan McNair’s exertional heatstroke symptoms. (10) According to an independent medical report, University staff failed to assess Jordan McNair’s vitals, recognize and monitor heat-related illness symptoms, provide adequate cooling devices and respiratory aids, and generate an emergency plan to coordinate with emergency responders. (11) The University of Maryland has taken significant steps to prevent and treat heat-related injuries among their student athletes, making cold water immersion tubs available at every practice and game, installing and maintaining readily accessible automatic defibrillators at every venue, and increasing the training and reporting structure of athletic trainers, among other reforms in line with the priorities of this Act. (12) The McNair family is devoted to honoring Jordan’s legacy and founded the Jordan McNair Foundation, which provides an educational tool to help coaches, student athletes, and parents identify symptoms of heatstroke and heat-related illnesses. (13) Heat-related illnesses and fatalities are preventable if caught early. Medical staff, coaches, and athletes must be knowledgeable of the warning signs for heat-related illness in order to protect student athletes from injury, and even death. 3. Venue-specific heat illness emergency action plan requirements Section 485 of the Higher Education Act of 1965 ( 20 U.S.C. 1092 ) is amended by inserting at the end the following new subsection: (n) Venue-Specific heat illness emergency action plan requirement (1) In general Each institution of higher education that is participating in any program under this title and that is a member of an athletic association or athletic conference, shall— (A) not later than 1 year after the date of the enactment of this subsection and in consultation with local emergency responders, develop and implement a venue-specific heat illness emergency action plan, which shall include a plan for the operation and use of automatic external defibrillators and cold water immersion equipment; and (B) not later than 1 year after the date that such a plan is first implemented, and on an annual basis thereafter, submit to the Secretary and authorizing committees a report that demonstrates compliance with the requirements of this subsection with respect to the preceding year. (2) Requirements A plan developed and implemented under paragraph (1), with respect to an institution of higher education, shall— (A) include a symptom identification structure and a coordination of care plan for student athletes exhibiting signs of heat illness, and be visibly posted in each— (i) locker room; (ii) athletic training facility; (iii) weight room; and (iv) outdoor sports complex and stadium; (B) be made available on the athletic program website or public website of the institution of higher education at the beginning of each academic year; (C) be distributed to local emergency responders; and (D) before the start of in-person training for each academic year, be distributed to, and rehearsed in person by all of the following individuals at the institution of higher education: (i) Student athletes. (ii) Certified athletic trainers. (iii) Team physicians. (iv) Athletic training students. (v) Athletic administrators. (vi) Coaches. (vii) Institutional safety personnel. (viii) Legal counsel. (3) Recommendations In developing a plan under paragraph (1), an institution of higher education shall consider— (A) including guidelines by the Wet-Bulb Globe Temperature index to assess environmental condition and heat stress prevention for student athletes; (B) having a readily accessible and properly maintained automatic external defibrillator within three minutes of each sporting venue; and (C) including the locations of each automatic external defibrillator in such plan. (4) Authorized adjustments In the case of a facility described in paragraph (2)(A) that is undergoing a major physical alteration that would affect the implementation of a requirement of paragraph (2), such requirement may be adjusted with respect to the facility..
6,702
[ "Education and the Workforce Committee" ]
118hr385ih
118
hr
385
ih
To ban the imposition of any State or local liability insurance, tax, or user fee requirement for firearm or ammunition ownership or commerce.
[ { "text": "1. Short title \nThis Act may be cited as the No User Fees for Gun Owners Act.", "id": "HE5F1F296052148CC9721FA4CC39DEE90", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Ban on imposition of State or local liability insurance, tax, or user fee requirement as a condition of firearm or ammunition ownership or commerce \nSection 927 of title 18, United States Code, is amended— (1) by inserting (a) In general.— Except as provided in subsection (b), before No ; and (2) by adding after and below the end the following: (b) No State or local insurance, tax, or user fee required as a condition of gun or ammunition ownership or commerce \nA State, or unit of local government of a State, may not impose any insurance requirement, or any tax, user fee, or other similar charge, as a condition of the manufacture, importation, acquisition, transfer, or continued ownership of a firearm or ammunition, except that a generally applicable sales tax may be assessed against firearms or ammunition in the same proportion to which the tax applies to other goods or services..", "id": "H69C4903162A94F6F80102CD35330D8C1", "header": "Ban on imposition of State or local liability insurance, tax, or user fee requirement as a condition of firearm or ammunition ownership or commerce", "nested": [], "links": [] }, { "text": "3. Limitation on conditions of gun ownership or commerce \nPart I of subchapter B of chapter 53 of the Internal Revenue Code of 1986 is amended by inserting after section 5848 the following new section: 5848A. Limitation on conditions of gun ownership \n(a) In general \nA State, or unit of local government of a State, may not impose any insurance requirement, or any tax, user fee, or other similar charge, as a condition of the manufacture, importation, acquisition, transfer, or continued ownership of a firearm, pistol, or revolver, except that a generally applicable sales tax may be assessed against firearms, pistols, or revolvers in the same proportion to which the tax applies to other goods or services. (b) Firearm, pistol, revolver \nThe terms firearm , pistol , and revolver shall have the same meaning as when used in part III of subchapter D of chapter 32..", "id": "HF914B13CDA984C0BA2CFD509280C3491", "header": "Limitation on conditions of gun ownership or commerce", "nested": [], "links": [ { "text": "chapter 53", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/26/53" } ] }, { "text": "5848A. Limitation on conditions of gun ownership \n(a) In general \nA State, or unit of local government of a State, may not impose any insurance requirement, or any tax, user fee, or other similar charge, as a condition of the manufacture, importation, acquisition, transfer, or continued ownership of a firearm, pistol, or revolver, except that a generally applicable sales tax may be assessed against firearms, pistols, or revolvers in the same proportion to which the tax applies to other goods or services. (b) Firearm, pistol, revolver \nThe terms firearm , pistol , and revolver shall have the same meaning as when used in part III of subchapter D of chapter 32.", "id": "HA3E86D9D11AB4082B97950DFD6556F0B", "header": "Limitation on conditions of gun ownership", "nested": [ { "text": "(a) In general \nA State, or unit of local government of a State, may not impose any insurance requirement, or any tax, user fee, or other similar charge, as a condition of the manufacture, importation, acquisition, transfer, or continued ownership of a firearm, pistol, or revolver, except that a generally applicable sales tax may be assessed against firearms, pistols, or revolvers in the same proportion to which the tax applies to other goods or services.", "id": "H0C54AF69E83349899DA9B81855E60C92", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Firearm, pistol, revolver \nThe terms firearm , pistol , and revolver shall have the same meaning as when used in part III of subchapter D of chapter 32.", "id": "H5E8DDC31D612407DADE51032F375DE5A", "header": "Firearm, pistol, revolver", "nested": [], "links": [] } ], "links": [] } ]
4
1. Short title This Act may be cited as the No User Fees for Gun Owners Act. 2. Ban on imposition of State or local liability insurance, tax, or user fee requirement as a condition of firearm or ammunition ownership or commerce Section 927 of title 18, United States Code, is amended— (1) by inserting (a) In general.— Except as provided in subsection (b), before No ; and (2) by adding after and below the end the following: (b) No State or local insurance, tax, or user fee required as a condition of gun or ammunition ownership or commerce A State, or unit of local government of a State, may not impose any insurance requirement, or any tax, user fee, or other similar charge, as a condition of the manufacture, importation, acquisition, transfer, or continued ownership of a firearm or ammunition, except that a generally applicable sales tax may be assessed against firearms or ammunition in the same proportion to which the tax applies to other goods or services.. 3. Limitation on conditions of gun ownership or commerce Part I of subchapter B of chapter 53 of the Internal Revenue Code of 1986 is amended by inserting after section 5848 the following new section: 5848A. Limitation on conditions of gun ownership (a) In general A State, or unit of local government of a State, may not impose any insurance requirement, or any tax, user fee, or other similar charge, as a condition of the manufacture, importation, acquisition, transfer, or continued ownership of a firearm, pistol, or revolver, except that a generally applicable sales tax may be assessed against firearms, pistols, or revolvers in the same proportion to which the tax applies to other goods or services. (b) Firearm, pistol, revolver The terms firearm , pistol , and revolver shall have the same meaning as when used in part III of subchapter D of chapter 32.. 5848A. Limitation on conditions of gun ownership (a) In general A State, or unit of local government of a State, may not impose any insurance requirement, or any tax, user fee, or other similar charge, as a condition of the manufacture, importation, acquisition, transfer, or continued ownership of a firearm, pistol, or revolver, except that a generally applicable sales tax may be assessed against firearms, pistols, or revolvers in the same proportion to which the tax applies to other goods or services. (b) Firearm, pistol, revolver The terms firearm , pistol , and revolver shall have the same meaning as when used in part III of subchapter D of chapter 32.
2,511
[ "Judiciary Committee", "Ways and Means Committee" ]
118hr1750ih
118
hr
1,750
ih
To modify the minimum required weight of orange juice soluble solids.
[ { "text": "1. Short title \nThis Act may be cited as the Defending Domestic Orange Juice Production Act of 2023.", "id": "HA6AD9223EDC54D3A9430A2A9A3FD8215", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Revision of pasteurized orange juice standards \n(a) In general \nEffective on the date of enactment of this Act, the standard of identity for pasteurized orange juice , established in section 146.140 of title 21, Code of Federal Regulations, shall be deemed to require finished pasteurized orange juice to contain not less than 10.0 percent by weight of orange juice soluble solids, exclusive of the solids of any added optional sweetening ingredients. (b) Regulation authority \nNothing in this section shall be construed to limit the authority of the Secretary of Health and Human Services to promulgate regulations to amend the standard of identity for pasteurized orange juice.", "id": "HC5BC917A88DA47718171C980A620ACD8", "header": "Revision of pasteurized orange juice standards", "nested": [ { "text": "(a) In general \nEffective on the date of enactment of this Act, the standard of identity for pasteurized orange juice , established in section 146.140 of title 21, Code of Federal Regulations, shall be deemed to require finished pasteurized orange juice to contain not less than 10.0 percent by weight of orange juice soluble solids, exclusive of the solids of any added optional sweetening ingredients.", "id": "H3A5E767CAE3C446EBCCB8CAE4502D365", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Regulation authority \nNothing in this section shall be construed to limit the authority of the Secretary of Health and Human Services to promulgate regulations to amend the standard of identity for pasteurized orange juice.", "id": "HEE3315F83F194121ACE1E78819332964", "header": "Regulation authority", "nested": [], "links": [] } ], "links": [] } ]
2
1. Short title This Act may be cited as the Defending Domestic Orange Juice Production Act of 2023. 2. Revision of pasteurized orange juice standards (a) In general Effective on the date of enactment of this Act, the standard of identity for pasteurized orange juice , established in section 146.140 of title 21, Code of Federal Regulations, shall be deemed to require finished pasteurized orange juice to contain not less than 10.0 percent by weight of orange juice soluble solids, exclusive of the solids of any added optional sweetening ingredients. (b) Regulation authority Nothing in this section shall be construed to limit the authority of the Secretary of Health and Human Services to promulgate regulations to amend the standard of identity for pasteurized orange juice.
783
[ "Energy and Commerce Committee" ]
118hr6334ih
118
hr
6,334
ih
To authorize the Secretary of Agriculture to relocate a memorial honoring the 9 Air Force crew members who lost their lives in an airplane crash in the Cherokee and Nantahala National Forests during a training mission on August 31, 1982.
[ { "text": "1. Relocation of memorial honoring the 9 Air Force crew members who lost their lives in an airplane crash during a training mission on August 31, 1982 \n(a) In general \nWith the consent of the owner of the private land adjacent to the Cherohala Skyway in the State of North Carolina on which there is located a memorial honoring the 9 members of the Air Force crew of the C–141B transport plane that crashed during a training mission over the Cherokee and Nantahala National Forests on August 31, 1982 (referred to in this section as the memorial ), and subject to subsections (b) through (e), the Secretary of Agriculture (referred to in this section as the Secretary ) may authorize, by special use authorization, the installation and any maintenance associated with the installation of the memorial at an appropriate site at the Stratton Ridge rest area located at mile marker 2 on the Cherohala Skyway in Graham County, North Carolina, in the Nantahala National Forest. (b) Site approval \nThe site at which the memorial is installed under subsection (a) is subject to approval by the Secretary, in concurrence with— (1) the North Carolina Department of Transportation; and (2) in a case in which the site is located adjacent to a Federal-aid highway, the Administrator of the Federal Highway Administration. (c) Funding \nNo Federal funds may be used to relocate, install, or maintain the memorial under subsection (a). (d) Costs \nThe individual or entity requesting the installation of the memorial on National Forest System land under subsection (a) shall be responsible for the costs associated with the use of National Forest System land for the memorial, including the costs of— (1) processing the application for the relocation; (2) issuing a special use authorization for the memorial, including the costs associated with any related environmental analysis; and (3) relocating, installing, and maintaining the memorial. (e) Terms and conditions \nThe special use authorization for the installation of the memorial under subsection (a) may include any terms and conditions that are determined to be appropriate by the Secretary, including a provision preventing any enlargement or expansion of the memorial.", "id": "H01AB09E0DFA24E7DA7C12478037F1BB2", "header": "Relocation of memorial honoring the 9 Air Force crew members who lost their lives in an airplane crash during a training mission on August 31, 1982", "nested": [ { "text": "(a) In general \nWith the consent of the owner of the private land adjacent to the Cherohala Skyway in the State of North Carolina on which there is located a memorial honoring the 9 members of the Air Force crew of the C–141B transport plane that crashed during a training mission over the Cherokee and Nantahala National Forests on August 31, 1982 (referred to in this section as the memorial ), and subject to subsections (b) through (e), the Secretary of Agriculture (referred to in this section as the Secretary ) may authorize, by special use authorization, the installation and any maintenance associated with the installation of the memorial at an appropriate site at the Stratton Ridge rest area located at mile marker 2 on the Cherohala Skyway in Graham County, North Carolina, in the Nantahala National Forest.", "id": "HA775A75E24A747E897A2D253BC9BB656", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Site approval \nThe site at which the memorial is installed under subsection (a) is subject to approval by the Secretary, in concurrence with— (1) the North Carolina Department of Transportation; and (2) in a case in which the site is located adjacent to a Federal-aid highway, the Administrator of the Federal Highway Administration.", "id": "HE5604E02C1FB4F998789C1E8AB9059F2", "header": "Site approval", "nested": [], "links": [] }, { "text": "(c) Funding \nNo Federal funds may be used to relocate, install, or maintain the memorial under subsection (a).", "id": "H62CFDB3AEB3A4E989B1D11E86FEBA37F", "header": "Funding", "nested": [], "links": [] }, { "text": "(d) Costs \nThe individual or entity requesting the installation of the memorial on National Forest System land under subsection (a) shall be responsible for the costs associated with the use of National Forest System land for the memorial, including the costs of— (1) processing the application for the relocation; (2) issuing a special use authorization for the memorial, including the costs associated with any related environmental analysis; and (3) relocating, installing, and maintaining the memorial.", "id": "HB8EF53FF512A48808A322A57097E0724", "header": "Costs", "nested": [], "links": [] }, { "text": "(e) Terms and conditions \nThe special use authorization for the installation of the memorial under subsection (a) may include any terms and conditions that are determined to be appropriate by the Secretary, including a provision preventing any enlargement or expansion of the memorial.", "id": "H8D7ECED4E267421A8EF16B7011BB4079", "header": "Terms and conditions", "nested": [], "links": [] } ], "links": [] } ]
1
1. Relocation of memorial honoring the 9 Air Force crew members who lost their lives in an airplane crash during a training mission on August 31, 1982 (a) In general With the consent of the owner of the private land adjacent to the Cherohala Skyway in the State of North Carolina on which there is located a memorial honoring the 9 members of the Air Force crew of the C–141B transport plane that crashed during a training mission over the Cherokee and Nantahala National Forests on August 31, 1982 (referred to in this section as the memorial ), and subject to subsections (b) through (e), the Secretary of Agriculture (referred to in this section as the Secretary ) may authorize, by special use authorization, the installation and any maintenance associated with the installation of the memorial at an appropriate site at the Stratton Ridge rest area located at mile marker 2 on the Cherohala Skyway in Graham County, North Carolina, in the Nantahala National Forest. (b) Site approval The site at which the memorial is installed under subsection (a) is subject to approval by the Secretary, in concurrence with— (1) the North Carolina Department of Transportation; and (2) in a case in which the site is located adjacent to a Federal-aid highway, the Administrator of the Federal Highway Administration. (c) Funding No Federal funds may be used to relocate, install, or maintain the memorial under subsection (a). (d) Costs The individual or entity requesting the installation of the memorial on National Forest System land under subsection (a) shall be responsible for the costs associated with the use of National Forest System land for the memorial, including the costs of— (1) processing the application for the relocation; (2) issuing a special use authorization for the memorial, including the costs associated with any related environmental analysis; and (3) relocating, installing, and maintaining the memorial. (e) Terms and conditions The special use authorization for the installation of the memorial under subsection (a) may include any terms and conditions that are determined to be appropriate by the Secretary, including a provision preventing any enlargement or expansion of the memorial.
2,214
[ "Agriculture Committee" ]
118hr3678ih
118
hr
3,678
ih
To amend the Internal Revenue Code of 1986 to terminate the Hazardous Substance Superfund financing rate.
[ { "text": "1. Short title \nThis Act may be cited as the Pay Less at the Pump Act.", "id": "H3DFBBD5F94734A11AD80016A0BAB7627", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Termination of Hazardous Substance Superfund financing rate \n(a) In general \nSection 4611 of the Internal Revenue Code of 1986 (as amended by section 13601 of Public Law 117–169 ) is amended by inserting after subsection (d) the following new subsection: (e) Application of Hazardous Substance Superfund financing rate \nThe Hazardous Substance Superfund financing rate under this section shall not apply after December 31, 2022.. (b) Termination of authority for advances \nSection 9507(d)(3)(B) of such Code (as so amended) is amended— (1) by striking December 31, 2032 and inserting the date of the enactment of the Pay Less at the Pump Act , and (2) by striking on or before such date and inserting on a quarterly basis from unobligated amounts available in such Fund until repaid in full. (c) Effective date \n(1) In general \nThe amendment made by subsection (a) shall take effect on January 1, 2023. (2) Termination of authority for advances \nThe amendments made by subsection (b) shall take effect on the date of the enactment of this Act.", "id": "HE6EB578AC54148E6B084517D1119503C", "header": "Termination of Hazardous Substance Superfund financing rate", "nested": [ { "text": "(a) In general \nSection 4611 of the Internal Revenue Code of 1986 (as amended by section 13601 of Public Law 117–169 ) is amended by inserting after subsection (d) the following new subsection: (e) Application of Hazardous Substance Superfund financing rate \nThe Hazardous Substance Superfund financing rate under this section shall not apply after December 31, 2022..", "id": "HC3412F2055024C9D836A15A44D09792C", "header": "In general", "nested": [], "links": [ { "text": "Section 4611", "legal-doc": "usc", "parsable-cite": "usc/26/4611" }, { "text": "Public Law 117–169", "legal-doc": "public-law", "parsable-cite": "pl/117/169" } ] }, { "text": "(b) Termination of authority for advances \nSection 9507(d)(3)(B) of such Code (as so amended) is amended— (1) by striking December 31, 2032 and inserting the date of the enactment of the Pay Less at the Pump Act , and (2) by striking on or before such date and inserting on a quarterly basis from unobligated amounts available in such Fund until repaid in full.", "id": "HF2F67B6A9B4146D19EB2872B50DFB0B0", "header": "Termination of authority for advances", "nested": [], "links": [] }, { "text": "(c) Effective date \n(1) In general \nThe amendment made by subsection (a) shall take effect on January 1, 2023. (2) Termination of authority for advances \nThe amendments made by subsection (b) shall take effect on the date of the enactment of this Act.", "id": "H0CBDED3C9C144DA6AD61A812BCEE7A7F", "header": "Effective date", "nested": [], "links": [] } ], "links": [ { "text": "Section 4611", "legal-doc": "usc", "parsable-cite": "usc/26/4611" }, { "text": "Public Law 117–169", "legal-doc": "public-law", "parsable-cite": "pl/117/169" } ] } ]
2
1. Short title This Act may be cited as the Pay Less at the Pump Act. 2. Termination of Hazardous Substance Superfund financing rate (a) In general Section 4611 of the Internal Revenue Code of 1986 (as amended by section 13601 of Public Law 117–169 ) is amended by inserting after subsection (d) the following new subsection: (e) Application of Hazardous Substance Superfund financing rate The Hazardous Substance Superfund financing rate under this section shall not apply after December 31, 2022.. (b) Termination of authority for advances Section 9507(d)(3)(B) of such Code (as so amended) is amended— (1) by striking December 31, 2032 and inserting the date of the enactment of the Pay Less at the Pump Act , and (2) by striking on or before such date and inserting on a quarterly basis from unobligated amounts available in such Fund until repaid in full. (c) Effective date (1) In general The amendment made by subsection (a) shall take effect on January 1, 2023. (2) Termination of authority for advances The amendments made by subsection (b) shall take effect on the date of the enactment of this Act.
1,117
[ "Ways and Means Committee" ]
118hr1765ih
118
hr
1,765
ih
To amend the Food and Nutrition Act of 2008 to repeal the limitation on the maximum deduction for shelter expenses allowable for determination of benefits under such Act.
[ { "text": "1. Short title \nThis Act may be cited as the SNAP Benefits Fairness Act of 2023.", "id": "HAE82F1100C5449B58F6039E9E2D0ED01", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Amendments \nSection 5(e)(6) of the Food and Nutrition Act of 2008 ( 7 U.S.C. 2014(e)(6) ) is amended— (1) by striking subparagraph (B), and (2) by redesignating subparagraphs (C) and (D) as subparagraphs (B) and (C), respectively.", "id": "HFC0796F762284E2DBC435AD928730E49", "header": "Amendments", "nested": [], "links": [ { "text": "7 U.S.C. 2014(e)(6)", "legal-doc": "usc", "parsable-cite": "usc/7/2014" } ] }, { "text": "3. Effective date \nThis Act and the amendments made by this Act shall take effect on January 1 that 1st occurs after the date of the enactment of this Act.", "id": "H7E94DCB6D568408286841061804BEDD2", "header": "Effective date", "nested": [], "links": [] } ]
3
1. Short title This Act may be cited as the SNAP Benefits Fairness Act of 2023. 2. Amendments Section 5(e)(6) of the Food and Nutrition Act of 2008 ( 7 U.S.C. 2014(e)(6) ) is amended— (1) by striking subparagraph (B), and (2) by redesignating subparagraphs (C) and (D) as subparagraphs (B) and (C), respectively. 3. Effective date This Act and the amendments made by this Act shall take effect on January 1 that 1st occurs after the date of the enactment of this Act.
470
[ "Agriculture Committee" ]
118hr7218ih
118
hr
7,218
ih
To amend title III of the Public Health Service Act to extend the program for promotion of public health knowledge and awareness of Alzheimer’s disease and related dementias, and for other purposes.
[ { "text": "1. Short title \nThis Act may be cited as the BOLD Infrastructure for Alzheimer's Reauthorization Act of 2024.", "id": "H1644FB20BA4B4D27BF8B85B1F5762E7E", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Extension of program for promotion of public health knowledge and awareness of Alzheimer’s disease and related dementias \nSection 398B(e) of the Public Health Service Act ( 42 U.S.C. 280c–5(e) ) is amended by inserting and $33,000,000 for each of fiscal years 2025 through 2029 before the period at the end.", "id": "H1EA37654C06448AAB5000FEEB80C7C30", "header": "Extension of program for promotion of public health knowledge and awareness of Alzheimer’s disease and related dementias", "nested": [], "links": [ { "text": "42 U.S.C. 280c–5(e)", "legal-doc": "usc", "parsable-cite": "usc/42/280c-5" } ] } ]
2
1. Short title This Act may be cited as the BOLD Infrastructure for Alzheimer's Reauthorization Act of 2024. 2. Extension of program for promotion of public health knowledge and awareness of Alzheimer’s disease and related dementias Section 398B(e) of the Public Health Service Act ( 42 U.S.C. 280c–5(e) ) is amended by inserting and $33,000,000 for each of fiscal years 2025 through 2029 before the period at the end.
420
[ "Energy and Commerce Committee" ]
118hr993ih
118
hr
993
ih
To amend the Internal Revenue Code of 1986 to ensure that bonds used to finance professional stadiums are not treated as tax-exempt bonds.
[ { "text": "1. Short title \nThis Act may be cited as the No Tax Subsidies for Stadiums Act of 2023.", "id": "H1531818BCC4742AEB6162F6E3B7D6B44", "header": "Short title", "nested": [], "links": [] }, { "text": "2. No tax-exempt bonds for professional stadiums \n(a) In general \nSection 103(b) of the Internal Revenue Code of 1986 is amended by adding at the end the following new paragraph: (4) Professional stadium bond \nAny professional stadium bond.. (b) Professional stadium bond defined \nSection 103(c) of such Code is amended by adding at the end the following new paragraph: (3) Professional stadium bond \nThe term professional stadium bond means any bond issued as part of an issue any proceeds of which are used to finance or refinance capital expenditures allocable to a facility (or appurtenant real property) which, during at least 5 days during any calendar year, is used as a stadium or arena for professional sports exhibitions, games, or training.. (c) Effective date \nThe amendments made by this section shall apply to bonds issued after the date of the enactment of this Act.", "id": "H732B1FD54E5A448DB26F128124D9DFCB", "header": "No tax-exempt bonds for professional stadiums", "nested": [ { "text": "(a) In general \nSection 103(b) of the Internal Revenue Code of 1986 is amended by adding at the end the following new paragraph: (4) Professional stadium bond \nAny professional stadium bond..", "id": "H0551D3921F1246C1BD882D176513C2A0", "header": "In general", "nested": [], "links": [ { "text": "Section 103(b)", "legal-doc": "usc", "parsable-cite": "usc/26/103" } ] }, { "text": "(b) Professional stadium bond defined \nSection 103(c) of such Code is amended by adding at the end the following new paragraph: (3) Professional stadium bond \nThe term professional stadium bond means any bond issued as part of an issue any proceeds of which are used to finance or refinance capital expenditures allocable to a facility (or appurtenant real property) which, during at least 5 days during any calendar year, is used as a stadium or arena for professional sports exhibitions, games, or training..", "id": "HF4B7AD2922484315A26CD3FF4FD912F4", "header": "Professional stadium bond defined", "nested": [], "links": [] }, { "text": "(c) Effective date \nThe amendments made by this section shall apply to bonds issued after the date of the enactment of this Act.", "id": "HAF588E77CFD241F1B667F6C485B6F850", "header": "Effective date", "nested": [], "links": [] } ], "links": [ { "text": "Section 103(b)", "legal-doc": "usc", "parsable-cite": "usc/26/103" } ] } ]
2
1. Short title This Act may be cited as the No Tax Subsidies for Stadiums Act of 2023. 2. No tax-exempt bonds for professional stadiums (a) In general Section 103(b) of the Internal Revenue Code of 1986 is amended by adding at the end the following new paragraph: (4) Professional stadium bond Any professional stadium bond.. (b) Professional stadium bond defined Section 103(c) of such Code is amended by adding at the end the following new paragraph: (3) Professional stadium bond The term professional stadium bond means any bond issued as part of an issue any proceeds of which are used to finance or refinance capital expenditures allocable to a facility (or appurtenant real property) which, during at least 5 days during any calendar year, is used as a stadium or arena for professional sports exhibitions, games, or training.. (c) Effective date The amendments made by this section shall apply to bonds issued after the date of the enactment of this Act.
969
[ "Ways and Means Committee" ]
118hr1846ih
118
hr
1,846
ih
To provide for a limitation on availability of funds for Senate, Office of the Vice President for fiscal year 2024.
[ { "text": "1. Limitation on availability of funds for Senate, Office of the Vice President for fiscal year 2024 \nNotwithstanding any other provision of the law, amounts authorized to be appropriated or otherwise available for Senate, Office of the Vice President for fiscal year 2024 may not exceed $2,484,248.", "id": "H44959908958C434A99B68BE78D9FF2A5", "header": "Limitation on availability of funds for Senate, Office of the Vice President for fiscal year 2024", "nested": [], "links": [] } ]
1
1. Limitation on availability of funds for Senate, Office of the Vice President for fiscal year 2024 Notwithstanding any other provision of the law, amounts authorized to be appropriated or otherwise available for Senate, Office of the Vice President for fiscal year 2024 may not exceed $2,484,248.
299
[ "Committee on House Administration" ]
118hr7383ih
118
hr
7,383
ih
To amend the Federal Food, Drug, and Cosmetic Act to set forth limitations on exclusive approval or licensure of drugs designated for rare diseases or conditions.
[ { "text": "1. Short title \nThis Act may be cited as the Retaining Access and Restoring Exclusivity Act or the RARE Act.", "id": "H41FF415F6FEF4746A02412E436B1D2E3", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Limitations on exclusive approval or licensure of orphan drugs \n(a) In general \nSection 527 of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 360cc ) is amended— (1) in subsection (a), in the matter following paragraph (2), by striking same disease or condition and inserting same approved use or indication within such rare disease or condition ; (2) in subsection (b)— (A) in the matter preceding paragraph (1), by striking same rare disease or condition and inserting same approved use or indication for which such 7-year period applies to such already approved or licensed drug ; and (B) in paragraph (1), by inserting , relating to the approved use or indication, after the needs ; (3) in subsection (c)(1), by striking same rare disease or condition as the already approved drug and inserting same use or indication for which the already approved or licensed drug was approved or licensed ; and (4) by adding at the end the following: (f) Approved use or indication defined \nIn this section, the term approved use or indication means the use or indication approved under section 505 of this Act or licensed under section 351 of the Public Health Service Act for a drug designated under section 526 for a rare disease or condition.. (b) Application of amendments \nThe amendments made by subsection (a) shall apply with respect to any drug designated under section 526 of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 360bb ), regardless of the date on which the drug was so designated, and regardless of the date on which the drug was approved under section 505 of such Act ( 21 U.S.C. 355 ) or licensed under section 351 of the Public Health Service Act ( 42 U.S.C. 262 ).", "id": "H1BE1F38B641F4ADDBF1E566A24FC9FF2", "header": "Limitations on exclusive approval or licensure of orphan drugs", "nested": [ { "text": "(a) In general \nSection 527 of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 360cc ) is amended— (1) in subsection (a), in the matter following paragraph (2), by striking same disease or condition and inserting same approved use or indication within such rare disease or condition ; (2) in subsection (b)— (A) in the matter preceding paragraph (1), by striking same rare disease or condition and inserting same approved use or indication for which such 7-year period applies to such already approved or licensed drug ; and (B) in paragraph (1), by inserting , relating to the approved use or indication, after the needs ; (3) in subsection (c)(1), by striking same rare disease or condition as the already approved drug and inserting same use or indication for which the already approved or licensed drug was approved or licensed ; and (4) by adding at the end the following: (f) Approved use or indication defined \nIn this section, the term approved use or indication means the use or indication approved under section 505 of this Act or licensed under section 351 of the Public Health Service Act for a drug designated under section 526 for a rare disease or condition..", "id": "H43EB0B9527DB48E789B56996136AD5C4", "header": "In general", "nested": [], "links": [ { "text": "21 U.S.C. 360cc", "legal-doc": "usc", "parsable-cite": "usc/21/360cc" } ] }, { "text": "(b) Application of amendments \nThe amendments made by subsection (a) shall apply with respect to any drug designated under section 526 of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 360bb ), regardless of the date on which the drug was so designated, and regardless of the date on which the drug was approved under section 505 of such Act ( 21 U.S.C. 355 ) or licensed under section 351 of the Public Health Service Act ( 42 U.S.C. 262 ).", "id": "HC32200B4AF2F4523885F9FF8F7FD823F", "header": "Application of amendments", "nested": [], "links": [ { "text": "21 U.S.C. 360bb", "legal-doc": "usc", "parsable-cite": "usc/21/360bb" }, { "text": "21 U.S.C. 355", "legal-doc": "usc", "parsable-cite": "usc/21/355" }, { "text": "42 U.S.C. 262", "legal-doc": "usc", "parsable-cite": "usc/42/262" } ] } ], "links": [ { "text": "21 U.S.C. 360cc", "legal-doc": "usc", "parsable-cite": "usc/21/360cc" }, { "text": "21 U.S.C. 360bb", "legal-doc": "usc", "parsable-cite": "usc/21/360bb" }, { "text": "21 U.S.C. 355", "legal-doc": "usc", "parsable-cite": "usc/21/355" }, { "text": "42 U.S.C. 262", "legal-doc": "usc", "parsable-cite": "usc/42/262" } ] } ]
2
1. Short title This Act may be cited as the Retaining Access and Restoring Exclusivity Act or the RARE Act. 2. Limitations on exclusive approval or licensure of orphan drugs (a) In general Section 527 of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 360cc ) is amended— (1) in subsection (a), in the matter following paragraph (2), by striking same disease or condition and inserting same approved use or indication within such rare disease or condition ; (2) in subsection (b)— (A) in the matter preceding paragraph (1), by striking same rare disease or condition and inserting same approved use or indication for which such 7-year period applies to such already approved or licensed drug ; and (B) in paragraph (1), by inserting , relating to the approved use or indication, after the needs ; (3) in subsection (c)(1), by striking same rare disease or condition as the already approved drug and inserting same use or indication for which the already approved or licensed drug was approved or licensed ; and (4) by adding at the end the following: (f) Approved use or indication defined In this section, the term approved use or indication means the use or indication approved under section 505 of this Act or licensed under section 351 of the Public Health Service Act for a drug designated under section 526 for a rare disease or condition.. (b) Application of amendments The amendments made by subsection (a) shall apply with respect to any drug designated under section 526 of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 360bb ), regardless of the date on which the drug was so designated, and regardless of the date on which the drug was approved under section 505 of such Act ( 21 U.S.C. 355 ) or licensed under section 351 of the Public Health Service Act ( 42 U.S.C. 262 ).
1,803
[ "Energy and Commerce Committee" ]
118hr349ih
118
hr
349
ih
To ensure that homicides can be prosecuted under Federal law without regard to the time elapsed between the act or omission that caused the death of the victim and the death itself.
[ { "text": "1. Short title \nThis Act may be cited as the Justice for Murder Victims Act.", "id": "H5FC2D2ECD47F447CAABAE48491C5F5BC", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Homicide offenses \n(a) In general \nChapter 51 of title 18, United States Code, is amended by adding at the end the following: 1123. No maximum time period between act or omission and death of victim \nA prosecution may be instituted for any homicide offense under the laws of the United States without regard to the time that elapsed between— (1) the act or omission that caused the death of the victim; and (2) the death of the victim.. (b) Table of contents \nThe table of sections for chapter 51 of title 18, United States Code, is amended by adding at the end the following: 1123. No maximum time period between act or omission and death of victim..", "id": "H0545328537844AC193304E9F0BA75BC5", "header": "Homicide offenses", "nested": [ { "text": "(a) In general \nChapter 51 of title 18, United States Code, is amended by adding at the end the following: 1123. No maximum time period between act or omission and death of victim \nA prosecution may be instituted for any homicide offense under the laws of the United States without regard to the time that elapsed between— (1) the act or omission that caused the death of the victim; and (2) the death of the victim..", "id": "H15FEE94D17354F219D391C5C2464F4FB", "header": "In general", "nested": [], "links": [ { "text": "Chapter 51", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/18/51" } ] }, { "text": "(b) Table of contents \nThe table of sections for chapter 51 of title 18, United States Code, is amended by adding at the end the following: 1123. No maximum time period between act or omission and death of victim..", "id": "HC496420FE0FC429DBC6AB9851254B698", "header": "Table of contents", "nested": [], "links": [ { "text": "chapter 51", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/18/51" } ] } ], "links": [ { "text": "Chapter 51", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/18/51" }, { "text": "chapter 51", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/18/51" } ] }, { "text": "1123. No maximum time period between act or omission and death of victim \nA prosecution may be instituted for any homicide offense under the laws of the United States without regard to the time that elapsed between— (1) the act or omission that caused the death of the victim; and (2) the death of the victim.", "id": "HA1E7F4156D09426AB8FCD26627143AAA", "header": "No maximum time period between act or omission and death of victim", "nested": [], "links": [] } ]
3
1. Short title This Act may be cited as the Justice for Murder Victims Act. 2. Homicide offenses (a) In general Chapter 51 of title 18, United States Code, is amended by adding at the end the following: 1123. No maximum time period between act or omission and death of victim A prosecution may be instituted for any homicide offense under the laws of the United States without regard to the time that elapsed between— (1) the act or omission that caused the death of the victim; and (2) the death of the victim.. (b) Table of contents The table of sections for chapter 51 of title 18, United States Code, is amended by adding at the end the following: 1123. No maximum time period between act or omission and death of victim.. 1123. No maximum time period between act or omission and death of victim A prosecution may be instituted for any homicide offense under the laws of the United States without regard to the time that elapsed between— (1) the act or omission that caused the death of the victim; and (2) the death of the victim.
1,041
[ "Judiciary Committee" ]
118hr2867ih
118
hr
2,867
ih
To establish an awareness campaign related to the lethality of fentanyl and fentanyl-contaminated drugs, to establish a Federal Interagency Work Group on Fentanyl Contamination of Drugs, and to provide community-based coalition enhancement grants to mitigate the effects of drug use.
[ { "text": "1. Short title \nThis Act may be cited as Bruce’s Law.", "id": "H49D4D7FCDFD84E0CA31A4B197FD2E212", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Awareness campaigns \n(a) Opioid program \nSection 102 of the Comprehensive Addiction and Recovery Act of 2016 ( Public Law 114–198 ) is amended— (1) in the section heading, by inserting relating to opioids after campaigns ; and (2) in subsection (c)— (A) in paragraph (1), by inserting and after the semicolon; (B) in paragraph (2)(B), by striking ; and and inserting a period; and (C) by striking paragraph (3). (b) Additional campaign \nTitle I of the Comprehensive Addiction and Recovery Act of 2016 ( Public Law 114–198 ) is amended by inserting after section 102 the following: 102A. Awareness campaign related to lethality of fentanyl and fentanyl-contaminated drugs \n(a) In general \nThe Secretary of Health and Human Services, in coordination with the heads of other Federal departments and agencies, shall, as appropriate, through a public awareness campaign, advance the education and awareness of the public (including school-aged children, youth, parents, first responders, and providers) and other appropriate entities regarding the risk of counterfeit drugs being contaminated with fentanyl or other synthetic opioids and the lethality and other dangers of synthetic opioids. (b) Topics \nThe education and awareness campaign under subsection (a) shall address— (1) the dangers of using drugs which may be contaminated with fentanyl or other synthetic opioids; (2) the prevention of substance use disorder and use of prescription drugs other than as prescribed, including through safe disposal of prescription medications and other safety precautions; and (3) the detection of early warning signs of substance use disorder and addiction in school-aged children and youth. (c) Other requirements \nThe education and awareness campaign under subsection (a) shall, as appropriate, take into account any association between the use of prescription drugs other than as prescribed and the use of drugs that can be contaminated by fentanyl or other opioids, including heroin. (d) Drug defined \nIn this section, the term drug means— (1) an illicit drug, such as marijuana, hashish, cocaine (including crack cocaine), inhalants, hallucinogens, heroin, a synthetic opioid, methamphetamine or other stimulant; (2) a counterfeit prescription drug; or (3) a prescription drug that is sold illegally. (e) Authorization of appropriations \nThere are authorized to be appropriated for fiscal years 2024 through 2028 such sums as may be necessary to carry out this section..", "id": "H55E254C2FA5745ECB9818C5EAC4ECAC9", "header": "Awareness campaigns", "nested": [ { "text": "(a) Opioid program \nSection 102 of the Comprehensive Addiction and Recovery Act of 2016 ( Public Law 114–198 ) is amended— (1) in the section heading, by inserting relating to opioids after campaigns ; and (2) in subsection (c)— (A) in paragraph (1), by inserting and after the semicolon; (B) in paragraph (2)(B), by striking ; and and inserting a period; and (C) by striking paragraph (3).", "id": "HA299F6EB95784D2BBC696858AE91C82E", "header": "Opioid program", "nested": [], "links": [ { "text": "Public Law 114–198", "legal-doc": "public-law", "parsable-cite": "pl/114/198" } ] }, { "text": "(b) Additional campaign \nTitle I of the Comprehensive Addiction and Recovery Act of 2016 ( Public Law 114–198 ) is amended by inserting after section 102 the following: 102A. Awareness campaign related to lethality of fentanyl and fentanyl-contaminated drugs \n(a) In general \nThe Secretary of Health and Human Services, in coordination with the heads of other Federal departments and agencies, shall, as appropriate, through a public awareness campaign, advance the education and awareness of the public (including school-aged children, youth, parents, first responders, and providers) and other appropriate entities regarding the risk of counterfeit drugs being contaminated with fentanyl or other synthetic opioids and the lethality and other dangers of synthetic opioids. (b) Topics \nThe education and awareness campaign under subsection (a) shall address— (1) the dangers of using drugs which may be contaminated with fentanyl or other synthetic opioids; (2) the prevention of substance use disorder and use of prescription drugs other than as prescribed, including through safe disposal of prescription medications and other safety precautions; and (3) the detection of early warning signs of substance use disorder and addiction in school-aged children and youth. (c) Other requirements \nThe education and awareness campaign under subsection (a) shall, as appropriate, take into account any association between the use of prescription drugs other than as prescribed and the use of drugs that can be contaminated by fentanyl or other opioids, including heroin. (d) Drug defined \nIn this section, the term drug means— (1) an illicit drug, such as marijuana, hashish, cocaine (including crack cocaine), inhalants, hallucinogens, heroin, a synthetic opioid, methamphetamine or other stimulant; (2) a counterfeit prescription drug; or (3) a prescription drug that is sold illegally. (e) Authorization of appropriations \nThere are authorized to be appropriated for fiscal years 2024 through 2028 such sums as may be necessary to carry out this section..", "id": "H93C103166BFF4F2AA999B2B0BFBF5021", "header": "Additional campaign", "nested": [], "links": [ { "text": "Public Law 114–198", "legal-doc": "public-law", "parsable-cite": "pl/114/198" } ] } ], "links": [ { "text": "Public Law 114–198", "legal-doc": "public-law", "parsable-cite": "pl/114/198" }, { "text": "Public Law 114–198", "legal-doc": "public-law", "parsable-cite": "pl/114/198" } ] }, { "text": "102A. Awareness campaign related to lethality of fentanyl and fentanyl-contaminated drugs \n(a) In general \nThe Secretary of Health and Human Services, in coordination with the heads of other Federal departments and agencies, shall, as appropriate, through a public awareness campaign, advance the education and awareness of the public (including school-aged children, youth, parents, first responders, and providers) and other appropriate entities regarding the risk of counterfeit drugs being contaminated with fentanyl or other synthetic opioids and the lethality and other dangers of synthetic opioids. (b) Topics \nThe education and awareness campaign under subsection (a) shall address— (1) the dangers of using drugs which may be contaminated with fentanyl or other synthetic opioids; (2) the prevention of substance use disorder and use of prescription drugs other than as prescribed, including through safe disposal of prescription medications and other safety precautions; and (3) the detection of early warning signs of substance use disorder and addiction in school-aged children and youth. (c) Other requirements \nThe education and awareness campaign under subsection (a) shall, as appropriate, take into account any association between the use of prescription drugs other than as prescribed and the use of drugs that can be contaminated by fentanyl or other opioids, including heroin. (d) Drug defined \nIn this section, the term drug means— (1) an illicit drug, such as marijuana, hashish, cocaine (including crack cocaine), inhalants, hallucinogens, heroin, a synthetic opioid, methamphetamine or other stimulant; (2) a counterfeit prescription drug; or (3) a prescription drug that is sold illegally. (e) Authorization of appropriations \nThere are authorized to be appropriated for fiscal years 2024 through 2028 such sums as may be necessary to carry out this section.", "id": "H6B4E352D916C465982289431E52390FC", "header": "Awareness campaign related to lethality of fentanyl and fentanyl-contaminated drugs", "nested": [ { "text": "(a) In general \nThe Secretary of Health and Human Services, in coordination with the heads of other Federal departments and agencies, shall, as appropriate, through a public awareness campaign, advance the education and awareness of the public (including school-aged children, youth, parents, first responders, and providers) and other appropriate entities regarding the risk of counterfeit drugs being contaminated with fentanyl or other synthetic opioids and the lethality and other dangers of synthetic opioids.", "id": "H9AA86F6BA34C44F9AA134C3EBC416ED0", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Topics \nThe education and awareness campaign under subsection (a) shall address— (1) the dangers of using drugs which may be contaminated with fentanyl or other synthetic opioids; (2) the prevention of substance use disorder and use of prescription drugs other than as prescribed, including through safe disposal of prescription medications and other safety precautions; and (3) the detection of early warning signs of substance use disorder and addiction in school-aged children and youth.", "id": "HF809D72BB5B6454380AC688D00803AE9", "header": "Topics", "nested": [], "links": [] }, { "text": "(c) Other requirements \nThe education and awareness campaign under subsection (a) shall, as appropriate, take into account any association between the use of prescription drugs other than as prescribed and the use of drugs that can be contaminated by fentanyl or other opioids, including heroin.", "id": "HBC6D8A31AAD447F58A40CD8017B45DE7", "header": "Other requirements", "nested": [], "links": [] }, { "text": "(d) Drug defined \nIn this section, the term drug means— (1) an illicit drug, such as marijuana, hashish, cocaine (including crack cocaine), inhalants, hallucinogens, heroin, a synthetic opioid, methamphetamine or other stimulant; (2) a counterfeit prescription drug; or (3) a prescription drug that is sold illegally.", "id": "H9A89504EEE69417D996F2E2A8580286C", "header": "Drug defined", "nested": [], "links": [] }, { "text": "(e) Authorization of appropriations \nThere are authorized to be appropriated for fiscal years 2024 through 2028 such sums as may be necessary to carry out this section.", "id": "H4AC3A961D64F4D93A520C35F4254AE02", "header": "Authorization of appropriations", "nested": [], "links": [] } ], "links": [] }, { "text": "3. Federal Interagency Work Group on Fentanyl Contamination of Drugs \nTitle I of the Comprehensive Addiction and Recovery Act of 2016 ( Public Law 114–198 ), as amended by section 2(b), is further amended by inserting after section 102A the following: 102B. Federal Interagency Work Group on Fentanyl Contamination of Drugs \n(a) Establishment \nThe Secretary of Health and Human Services (referred to in this section as the Secretary ) shall establish the Federal Interagency Work Group on Fentanyl Contamination of Drugs (referred to in this section as the Work Group ). (b) Membership; consultation \n(1) Composition \nNot later than 120 days after the date of enactment of Bruce’s Law , the heads of the Office of National Drug Control Policy, the Substance Abuse and Mental Health Services Administration, the Administration for Children and Families, the Centers for Disease Control and Prevention, the Department of Justice, the Drug Enforcement Administration, the Department of State, the Department of Education, and other Federal agencies (as determined by the Secretary) shall designate representatives of the respective agency or office to the Work Group. (2) Consultation \nThe Work Group shall consult with— (A) experts at the State, Tribal, and local levels with relevant backgrounds in reducing, preventing, and responding to drug overdose by fentanyl contamination of drugs; (B) individuals in recovery from use of fentanyl other than as prescribed or use of other synthetic opioids; (C) family members of adults who have overdosed by fentanyl-contaminated drugs; (D) family members of school-aged children and youth who have overdosed by fentanyl-contaminated drugs; (E) researchers and other experts in the design and implementation of effective drug-related messaging and prevention campaigns; and (F) technology companies. (c) Duties \nThe Work Group shall— (1) examine all Federal efforts directed towards reducing and preventing drug overdose by fentanyl- or other synthetic opioid-contaminated drugs; (2) identify strategies, resources, and supports to improve State, Tribal, and local responses to overdose by fentanyl- or other synthetic opioid-contaminated drugs; (3) make recommendations to Congress for improving Federal programs and efforts and coordination across such programs and efforts to reduce and prevent drug overdose by fentanyl- or other synthetic opioid-contaminated drugs; and (4) make recommendations for educating youth on the dangers of drugs contaminated by fentanyl or other synthetic opioids. (d) Annual report to Secretary \nThe Work Group shall annually prepare and submit to the Secretary, the Committee on Health, Education, Labor, and Pensions of the Senate, and the Committee on Education and the Workforce and the Committee on Energy and Commerce of the House of Representatives, a report on the activities carried out by the Work Group under subsection (c), including recommendations to reduce and prevent drug overdose by fentanyl or other synthetic opioid contamination of drugs, in all populations, and specifically among youth at risk for substance use disorder and use of drugs other than as prescribed..", "id": "H8373B59DE73B4FF6A428D01F4D7CBEA1", "header": "Federal Interagency Work Group on Fentanyl Contamination of Drugs", "nested": [], "links": [ { "text": "Public Law 114–198", "legal-doc": "public-law", "parsable-cite": "pl/114/198" } ] }, { "text": "102B. Federal Interagency Work Group on Fentanyl Contamination of Drugs \n(a) Establishment \nThe Secretary of Health and Human Services (referred to in this section as the Secretary ) shall establish the Federal Interagency Work Group on Fentanyl Contamination of Drugs (referred to in this section as the Work Group ). (b) Membership; consultation \n(1) Composition \nNot later than 120 days after the date of enactment of Bruce’s Law , the heads of the Office of National Drug Control Policy, the Substance Abuse and Mental Health Services Administration, the Administration for Children and Families, the Centers for Disease Control and Prevention, the Department of Justice, the Drug Enforcement Administration, the Department of State, the Department of Education, and other Federal agencies (as determined by the Secretary) shall designate representatives of the respective agency or office to the Work Group. (2) Consultation \nThe Work Group shall consult with— (A) experts at the State, Tribal, and local levels with relevant backgrounds in reducing, preventing, and responding to drug overdose by fentanyl contamination of drugs; (B) individuals in recovery from use of fentanyl other than as prescribed or use of other synthetic opioids; (C) family members of adults who have overdosed by fentanyl-contaminated drugs; (D) family members of school-aged children and youth who have overdosed by fentanyl-contaminated drugs; (E) researchers and other experts in the design and implementation of effective drug-related messaging and prevention campaigns; and (F) technology companies. (c) Duties \nThe Work Group shall— (1) examine all Federal efforts directed towards reducing and preventing drug overdose by fentanyl- or other synthetic opioid-contaminated drugs; (2) identify strategies, resources, and supports to improve State, Tribal, and local responses to overdose by fentanyl- or other synthetic opioid-contaminated drugs; (3) make recommendations to Congress for improving Federal programs and efforts and coordination across such programs and efforts to reduce and prevent drug overdose by fentanyl- or other synthetic opioid-contaminated drugs; and (4) make recommendations for educating youth on the dangers of drugs contaminated by fentanyl or other synthetic opioids. (d) Annual report to Secretary \nThe Work Group shall annually prepare and submit to the Secretary, the Committee on Health, Education, Labor, and Pensions of the Senate, and the Committee on Education and the Workforce and the Committee on Energy and Commerce of the House of Representatives, a report on the activities carried out by the Work Group under subsection (c), including recommendations to reduce and prevent drug overdose by fentanyl or other synthetic opioid contamination of drugs, in all populations, and specifically among youth at risk for substance use disorder and use of drugs other than as prescribed.", "id": "H6D6E40241CF848079D220D81A4CB0077", "header": "Federal Interagency Work Group on Fentanyl Contamination of Drugs", "nested": [ { "text": "(a) Establishment \nThe Secretary of Health and Human Services (referred to in this section as the Secretary ) shall establish the Federal Interagency Work Group on Fentanyl Contamination of Drugs (referred to in this section as the Work Group ).", "id": "HBDEB667112A049C9989583D4646375FB", "header": "Establishment", "nested": [], "links": [] }, { "text": "(b) Membership; consultation \n(1) Composition \nNot later than 120 days after the date of enactment of Bruce’s Law , the heads of the Office of National Drug Control Policy, the Substance Abuse and Mental Health Services Administration, the Administration for Children and Families, the Centers for Disease Control and Prevention, the Department of Justice, the Drug Enforcement Administration, the Department of State, the Department of Education, and other Federal agencies (as determined by the Secretary) shall designate representatives of the respective agency or office to the Work Group. (2) Consultation \nThe Work Group shall consult with— (A) experts at the State, Tribal, and local levels with relevant backgrounds in reducing, preventing, and responding to drug overdose by fentanyl contamination of drugs; (B) individuals in recovery from use of fentanyl other than as prescribed or use of other synthetic opioids; (C) family members of adults who have overdosed by fentanyl-contaminated drugs; (D) family members of school-aged children and youth who have overdosed by fentanyl-contaminated drugs; (E) researchers and other experts in the design and implementation of effective drug-related messaging and prevention campaigns; and (F) technology companies.", "id": "H4F7FD590E6E74C3AACEF8E232F6BD115", "header": "Membership; consultation", "nested": [], "links": [] }, { "text": "(c) Duties \nThe Work Group shall— (1) examine all Federal efforts directed towards reducing and preventing drug overdose by fentanyl- or other synthetic opioid-contaminated drugs; (2) identify strategies, resources, and supports to improve State, Tribal, and local responses to overdose by fentanyl- or other synthetic opioid-contaminated drugs; (3) make recommendations to Congress for improving Federal programs and efforts and coordination across such programs and efforts to reduce and prevent drug overdose by fentanyl- or other synthetic opioid-contaminated drugs; and (4) make recommendations for educating youth on the dangers of drugs contaminated by fentanyl or other synthetic opioids.", "id": "H75CEF4FA09ED405C996ED000128F066D", "header": "Duties", "nested": [], "links": [] }, { "text": "(d) Annual report to Secretary \nThe Work Group shall annually prepare and submit to the Secretary, the Committee on Health, Education, Labor, and Pensions of the Senate, and the Committee on Education and the Workforce and the Committee on Energy and Commerce of the House of Representatives, a report on the activities carried out by the Work Group under subsection (c), including recommendations to reduce and prevent drug overdose by fentanyl or other synthetic opioid contamination of drugs, in all populations, and specifically among youth at risk for substance use disorder and use of drugs other than as prescribed.", "id": "HF6E586EA938F43138F1FCEEE01C7953F", "header": "Annual report to Secretary", "nested": [], "links": [] } ], "links": [] }, { "text": "4. Community-based coalition enhancement grants to address local drug crises \nSection 103(i) of the Comprehensive Addiction and Recovery Act of 2016 ( 21 U.S.C. 1536(i) ) is amended by striking 2017 through 2021 and inserting 2024 through 2028.", "id": "H810C5FDD154A4377B80F526479167241", "header": "Community-based coalition enhancement grants to address local drug crises", "nested": [], "links": [ { "text": "21 U.S.C. 1536(i)", "legal-doc": "usc", "parsable-cite": "usc/21/1536" } ] }, { "text": "5. Community-based coalition enhancement grants to educate youth on the risks of drugs contaminated with fentanyl or other synthetic opioids \nTitle I of the Comprehensive Addiction and Recovery Act of 2016 ( Public Law 114–198 ) is amended by inserting after section 103 ( 21 U.S.C. 1536 ) the following: 103A. Community-based coalition enhancement grants to educate youth on the risks of drugs contaminated with fentanyl or other synthetic opioids \n(a) Program authorized \nThe Director of the Office of National Drug Control Policy (referred to in this section as the Director ), in coordination with the Director of the Centers for Disease Control and Prevention, may make grants to eligible entities to implement education of the public on the dangers of contamination of drugs with fentanyl or other synthetic opioids. (b) Application \n(1) In general \nAn eligible entity seeking a grant under this section shall submit an application to the Director at such time, in such manner, and accompanied by such information as the Director may require. (2) Criteria \nAs part of an application for a grant under this section, the Director shall require an eligible entity to submit a detailed, comprehensive, multisector plan for addressing the implementation of an evidence-based public education campaign on the dangers of drugs contaminated with fentanyl or other synthetic opioids, with a specific consideration given to education focused on youth at increased risk for developing a substance use disorder. (3) Eligible entities \nFor purposes of this section, the term eligible entity means an entity that— (A) has documented, using local data, rates of drug overdose related to fentanyl or other synthetic opioids at levels that are significant, as determined by the Director; and (B) has received a grant under the Drug-Free Communities Act of 1997. (c) Use of funds \nAn eligible entity shall use a grant received under this section— (1) for programs designed to implement comprehensive community-wide prevention strategies to address the dangers of drugs contaminated with fentanyl or other synthetic opioids, in the area served by the eligible entity, in accordance with the plan submitted under subsection (b)(2); (2) to obtain specialized training and technical assistance from the organization funded under section 4 of Public Law 107–82 ( 21 U.S.C. 1521 note); and (3) for programs designed to implement comprehensive community-wide strategies to address the dangers of drugs contaminated with fentanyl or other synthetic opioids in the community. (d) Supplement not supplant \nAn eligible entity shall use Federal funds received under this section only to supplement the funds that would, in the absence of those Federal funds, be made available from other Federal and non-Federal sources for the activities described in this section, and not to supplant those funds. (e) Evaluation \nA grant under this section shall be subject to the same evaluation requirements and procedures as the evaluation requirements and procedures imposed on the recipient of a grant under the Drug-Free Communities Act of 1997, and shall also include an evaluation of the effectiveness at reducing the use of illicit fentanyl or other synthetic opioids. (f) Limitation on administrative expenses \nNot more than 12 percent of the amounts made available to carry out this section for a fiscal year may be used to pay for administrative expenses. (g) Delegation authority \nThe Director may enter into an interagency agreement with the Director of the Centers for Disease Control and Prevention to delegate authority for the execution of grants and for such other activities, as the Director determines necessary to carry out this section. (h) Definition \nIn this section, the term drug has the meaning given such term in section 102A. (i) Authorization of Appropriations \nFor the purpose of carrying out this section, there are authorized to be appropriated such sums as may be necessary for each of fiscal years 2024 through 2028..", "id": "H4A9112D9452140EBAD77BB3BF842AA12", "header": "Community-based coalition enhancement grants to educate youth on the risks of drugs contaminated with fentanyl or other synthetic opioids", "nested": [], "links": [ { "text": "Public Law 114–198", "legal-doc": "public-law", "parsable-cite": "pl/114/198" }, { "text": "21 U.S.C. 1536", "legal-doc": "usc", "parsable-cite": "usc/21/1536" }, { "text": "Public Law 107–82", "legal-doc": "public-law", "parsable-cite": "pl/107/82" }, { "text": "21 U.S.C. 1521", "legal-doc": "usc", "parsable-cite": "usc/21/1521" } ] }, { "text": "103A. Community-based coalition enhancement grants to educate youth on the risks of drugs contaminated with fentanyl or other synthetic opioids \n(a) Program authorized \nThe Director of the Office of National Drug Control Policy (referred to in this section as the Director ), in coordination with the Director of the Centers for Disease Control and Prevention, may make grants to eligible entities to implement education of the public on the dangers of contamination of drugs with fentanyl or other synthetic opioids. (b) Application \n(1) In general \nAn eligible entity seeking a grant under this section shall submit an application to the Director at such time, in such manner, and accompanied by such information as the Director may require. (2) Criteria \nAs part of an application for a grant under this section, the Director shall require an eligible entity to submit a detailed, comprehensive, multisector plan for addressing the implementation of an evidence-based public education campaign on the dangers of drugs contaminated with fentanyl or other synthetic opioids, with a specific consideration given to education focused on youth at increased risk for developing a substance use disorder. (3) Eligible entities \nFor purposes of this section, the term eligible entity means an entity that— (A) has documented, using local data, rates of drug overdose related to fentanyl or other synthetic opioids at levels that are significant, as determined by the Director; and (B) has received a grant under the Drug-Free Communities Act of 1997. (c) Use of funds \nAn eligible entity shall use a grant received under this section— (1) for programs designed to implement comprehensive community-wide prevention strategies to address the dangers of drugs contaminated with fentanyl or other synthetic opioids, in the area served by the eligible entity, in accordance with the plan submitted under subsection (b)(2); (2) to obtain specialized training and technical assistance from the organization funded under section 4 of Public Law 107–82 ( 21 U.S.C. 1521 note); and (3) for programs designed to implement comprehensive community-wide strategies to address the dangers of drugs contaminated with fentanyl or other synthetic opioids in the community. (d) Supplement not supplant \nAn eligible entity shall use Federal funds received under this section only to supplement the funds that would, in the absence of those Federal funds, be made available from other Federal and non-Federal sources for the activities described in this section, and not to supplant those funds. (e) Evaluation \nA grant under this section shall be subject to the same evaluation requirements and procedures as the evaluation requirements and procedures imposed on the recipient of a grant under the Drug-Free Communities Act of 1997, and shall also include an evaluation of the effectiveness at reducing the use of illicit fentanyl or other synthetic opioids. (f) Limitation on administrative expenses \nNot more than 12 percent of the amounts made available to carry out this section for a fiscal year may be used to pay for administrative expenses. (g) Delegation authority \nThe Director may enter into an interagency agreement with the Director of the Centers for Disease Control and Prevention to delegate authority for the execution of grants and for such other activities, as the Director determines necessary to carry out this section. (h) Definition \nIn this section, the term drug has the meaning given such term in section 102A. (i) Authorization of Appropriations \nFor the purpose of carrying out this section, there are authorized to be appropriated such sums as may be necessary for each of fiscal years 2024 through 2028.", "id": "H771DFA056C5F4393B9BAC9FB786A3AB4", "header": "Community-based coalition enhancement grants to educate youth on the risks of drugs contaminated with fentanyl or other synthetic opioids", "nested": [ { "text": "(a) Program authorized \nThe Director of the Office of National Drug Control Policy (referred to in this section as the Director ), in coordination with the Director of the Centers for Disease Control and Prevention, may make grants to eligible entities to implement education of the public on the dangers of contamination of drugs with fentanyl or other synthetic opioids.", "id": "HD63F7CC68C4F48F49AE5FB33223F05EA", "header": "Program authorized", "nested": [], "links": [] }, { "text": "(b) Application \n(1) In general \nAn eligible entity seeking a grant under this section shall submit an application to the Director at such time, in such manner, and accompanied by such information as the Director may require. (2) Criteria \nAs part of an application for a grant under this section, the Director shall require an eligible entity to submit a detailed, comprehensive, multisector plan for addressing the implementation of an evidence-based public education campaign on the dangers of drugs contaminated with fentanyl or other synthetic opioids, with a specific consideration given to education focused on youth at increased risk for developing a substance use disorder. (3) Eligible entities \nFor purposes of this section, the term eligible entity means an entity that— (A) has documented, using local data, rates of drug overdose related to fentanyl or other synthetic opioids at levels that are significant, as determined by the Director; and (B) has received a grant under the Drug-Free Communities Act of 1997.", "id": "H8D271261C30B4B6F994B02F362ED2FFD", "header": "Application", "nested": [], "links": [] }, { "text": "(c) Use of funds \nAn eligible entity shall use a grant received under this section— (1) for programs designed to implement comprehensive community-wide prevention strategies to address the dangers of drugs contaminated with fentanyl or other synthetic opioids, in the area served by the eligible entity, in accordance with the plan submitted under subsection (b)(2); (2) to obtain specialized training and technical assistance from the organization funded under section 4 of Public Law 107–82 ( 21 U.S.C. 1521 note); and (3) for programs designed to implement comprehensive community-wide strategies to address the dangers of drugs contaminated with fentanyl or other synthetic opioids in the community.", "id": "H2ECED520090C4376AA47AD337FAF3E5C", "header": "Use of funds", "nested": [], "links": [ { "text": "Public Law 107–82", "legal-doc": "public-law", "parsable-cite": "pl/107/82" }, { "text": "21 U.S.C. 1521", "legal-doc": "usc", "parsable-cite": "usc/21/1521" } ] }, { "text": "(d) Supplement not supplant \nAn eligible entity shall use Federal funds received under this section only to supplement the funds that would, in the absence of those Federal funds, be made available from other Federal and non-Federal sources for the activities described in this section, and not to supplant those funds.", "id": "H1BB1C29DFA0B422E89A34A935F2C7BA4", "header": "Supplement not supplant", "nested": [], "links": [] }, { "text": "(e) Evaluation \nA grant under this section shall be subject to the same evaluation requirements and procedures as the evaluation requirements and procedures imposed on the recipient of a grant under the Drug-Free Communities Act of 1997, and shall also include an evaluation of the effectiveness at reducing the use of illicit fentanyl or other synthetic opioids.", "id": "H6B4C60A8706243C39CF9EF330F9437BD", "header": "Evaluation", "nested": [], "links": [] }, { "text": "(f) Limitation on administrative expenses \nNot more than 12 percent of the amounts made available to carry out this section for a fiscal year may be used to pay for administrative expenses.", "id": "H6460FBFF0CCF4915AAECDE64D01CF447", "header": "Limitation on administrative expenses", "nested": [], "links": [] }, { "text": "(g) Delegation authority \nThe Director may enter into an interagency agreement with the Director of the Centers for Disease Control and Prevention to delegate authority for the execution of grants and for such other activities, as the Director determines necessary to carry out this section.", "id": "HFBC7AD11C281495FAC6333F26ABE54B2", "header": "Delegation authority", "nested": [], "links": [] }, { "text": "(h) Definition \nIn this section, the term drug has the meaning given such term in section 102A.", "id": "H2A3923E842D74969BC8B0827A9529205", "header": "Definition", "nested": [], "links": [] }, { "text": "(i) Authorization of Appropriations \nFor the purpose of carrying out this section, there are authorized to be appropriated such sums as may be necessary for each of fiscal years 2024 through 2028.", "id": "HC7A1CABA520E4E6790658F8F86DF255A", "header": "Authorization of Appropriations", "nested": [], "links": [] } ], "links": [ { "text": "Public Law 107–82", "legal-doc": "public-law", "parsable-cite": "pl/107/82" }, { "text": "21 U.S.C. 1521", "legal-doc": "usc", "parsable-cite": "usc/21/1521" } ] } ]
8
1. Short title This Act may be cited as Bruce’s Law. 2. Awareness campaigns (a) Opioid program Section 102 of the Comprehensive Addiction and Recovery Act of 2016 ( Public Law 114–198 ) is amended— (1) in the section heading, by inserting relating to opioids after campaigns ; and (2) in subsection (c)— (A) in paragraph (1), by inserting and after the semicolon; (B) in paragraph (2)(B), by striking ; and and inserting a period; and (C) by striking paragraph (3). (b) Additional campaign Title I of the Comprehensive Addiction and Recovery Act of 2016 ( Public Law 114–198 ) is amended by inserting after section 102 the following: 102A. Awareness campaign related to lethality of fentanyl and fentanyl-contaminated drugs (a) In general The Secretary of Health and Human Services, in coordination with the heads of other Federal departments and agencies, shall, as appropriate, through a public awareness campaign, advance the education and awareness of the public (including school-aged children, youth, parents, first responders, and providers) and other appropriate entities regarding the risk of counterfeit drugs being contaminated with fentanyl or other synthetic opioids and the lethality and other dangers of synthetic opioids. (b) Topics The education and awareness campaign under subsection (a) shall address— (1) the dangers of using drugs which may be contaminated with fentanyl or other synthetic opioids; (2) the prevention of substance use disorder and use of prescription drugs other than as prescribed, including through safe disposal of prescription medications and other safety precautions; and (3) the detection of early warning signs of substance use disorder and addiction in school-aged children and youth. (c) Other requirements The education and awareness campaign under subsection (a) shall, as appropriate, take into account any association between the use of prescription drugs other than as prescribed and the use of drugs that can be contaminated by fentanyl or other opioids, including heroin. (d) Drug defined In this section, the term drug means— (1) an illicit drug, such as marijuana, hashish, cocaine (including crack cocaine), inhalants, hallucinogens, heroin, a synthetic opioid, methamphetamine or other stimulant; (2) a counterfeit prescription drug; or (3) a prescription drug that is sold illegally. (e) Authorization of appropriations There are authorized to be appropriated for fiscal years 2024 through 2028 such sums as may be necessary to carry out this section.. 102A. Awareness campaign related to lethality of fentanyl and fentanyl-contaminated drugs (a) In general The Secretary of Health and Human Services, in coordination with the heads of other Federal departments and agencies, shall, as appropriate, through a public awareness campaign, advance the education and awareness of the public (including school-aged children, youth, parents, first responders, and providers) and other appropriate entities regarding the risk of counterfeit drugs being contaminated with fentanyl or other synthetic opioids and the lethality and other dangers of synthetic opioids. (b) Topics The education and awareness campaign under subsection (a) shall address— (1) the dangers of using drugs which may be contaminated with fentanyl or other synthetic opioids; (2) the prevention of substance use disorder and use of prescription drugs other than as prescribed, including through safe disposal of prescription medications and other safety precautions; and (3) the detection of early warning signs of substance use disorder and addiction in school-aged children and youth. (c) Other requirements The education and awareness campaign under subsection (a) shall, as appropriate, take into account any association between the use of prescription drugs other than as prescribed and the use of drugs that can be contaminated by fentanyl or other opioids, including heroin. (d) Drug defined In this section, the term drug means— (1) an illicit drug, such as marijuana, hashish, cocaine (including crack cocaine), inhalants, hallucinogens, heroin, a synthetic opioid, methamphetamine or other stimulant; (2) a counterfeit prescription drug; or (3) a prescription drug that is sold illegally. (e) Authorization of appropriations There are authorized to be appropriated for fiscal years 2024 through 2028 such sums as may be necessary to carry out this section. 3. Federal Interagency Work Group on Fentanyl Contamination of Drugs Title I of the Comprehensive Addiction and Recovery Act of 2016 ( Public Law 114–198 ), as amended by section 2(b), is further amended by inserting after section 102A the following: 102B. Federal Interagency Work Group on Fentanyl Contamination of Drugs (a) Establishment The Secretary of Health and Human Services (referred to in this section as the Secretary ) shall establish the Federal Interagency Work Group on Fentanyl Contamination of Drugs (referred to in this section as the Work Group ). (b) Membership; consultation (1) Composition Not later than 120 days after the date of enactment of Bruce’s Law , the heads of the Office of National Drug Control Policy, the Substance Abuse and Mental Health Services Administration, the Administration for Children and Families, the Centers for Disease Control and Prevention, the Department of Justice, the Drug Enforcement Administration, the Department of State, the Department of Education, and other Federal agencies (as determined by the Secretary) shall designate representatives of the respective agency or office to the Work Group. (2) Consultation The Work Group shall consult with— (A) experts at the State, Tribal, and local levels with relevant backgrounds in reducing, preventing, and responding to drug overdose by fentanyl contamination of drugs; (B) individuals in recovery from use of fentanyl other than as prescribed or use of other synthetic opioids; (C) family members of adults who have overdosed by fentanyl-contaminated drugs; (D) family members of school-aged children and youth who have overdosed by fentanyl-contaminated drugs; (E) researchers and other experts in the design and implementation of effective drug-related messaging and prevention campaigns; and (F) technology companies. (c) Duties The Work Group shall— (1) examine all Federal efforts directed towards reducing and preventing drug overdose by fentanyl- or other synthetic opioid-contaminated drugs; (2) identify strategies, resources, and supports to improve State, Tribal, and local responses to overdose by fentanyl- or other synthetic opioid-contaminated drugs; (3) make recommendations to Congress for improving Federal programs and efforts and coordination across such programs and efforts to reduce and prevent drug overdose by fentanyl- or other synthetic opioid-contaminated drugs; and (4) make recommendations for educating youth on the dangers of drugs contaminated by fentanyl or other synthetic opioids. (d) Annual report to Secretary The Work Group shall annually prepare and submit to the Secretary, the Committee on Health, Education, Labor, and Pensions of the Senate, and the Committee on Education and the Workforce and the Committee on Energy and Commerce of the House of Representatives, a report on the activities carried out by the Work Group under subsection (c), including recommendations to reduce and prevent drug overdose by fentanyl or other synthetic opioid contamination of drugs, in all populations, and specifically among youth at risk for substance use disorder and use of drugs other than as prescribed.. 102B. Federal Interagency Work Group on Fentanyl Contamination of Drugs (a) Establishment The Secretary of Health and Human Services (referred to in this section as the Secretary ) shall establish the Federal Interagency Work Group on Fentanyl Contamination of Drugs (referred to in this section as the Work Group ). (b) Membership; consultation (1) Composition Not later than 120 days after the date of enactment of Bruce’s Law , the heads of the Office of National Drug Control Policy, the Substance Abuse and Mental Health Services Administration, the Administration for Children and Families, the Centers for Disease Control and Prevention, the Department of Justice, the Drug Enforcement Administration, the Department of State, the Department of Education, and other Federal agencies (as determined by the Secretary) shall designate representatives of the respective agency or office to the Work Group. (2) Consultation The Work Group shall consult with— (A) experts at the State, Tribal, and local levels with relevant backgrounds in reducing, preventing, and responding to drug overdose by fentanyl contamination of drugs; (B) individuals in recovery from use of fentanyl other than as prescribed or use of other synthetic opioids; (C) family members of adults who have overdosed by fentanyl-contaminated drugs; (D) family members of school-aged children and youth who have overdosed by fentanyl-contaminated drugs; (E) researchers and other experts in the design and implementation of effective drug-related messaging and prevention campaigns; and (F) technology companies. (c) Duties The Work Group shall— (1) examine all Federal efforts directed towards reducing and preventing drug overdose by fentanyl- or other synthetic opioid-contaminated drugs; (2) identify strategies, resources, and supports to improve State, Tribal, and local responses to overdose by fentanyl- or other synthetic opioid-contaminated drugs; (3) make recommendations to Congress for improving Federal programs and efforts and coordination across such programs and efforts to reduce and prevent drug overdose by fentanyl- or other synthetic opioid-contaminated drugs; and (4) make recommendations for educating youth on the dangers of drugs contaminated by fentanyl or other synthetic opioids. (d) Annual report to Secretary The Work Group shall annually prepare and submit to the Secretary, the Committee on Health, Education, Labor, and Pensions of the Senate, and the Committee on Education and the Workforce and the Committee on Energy and Commerce of the House of Representatives, a report on the activities carried out by the Work Group under subsection (c), including recommendations to reduce and prevent drug overdose by fentanyl or other synthetic opioid contamination of drugs, in all populations, and specifically among youth at risk for substance use disorder and use of drugs other than as prescribed. 4. Community-based coalition enhancement grants to address local drug crises Section 103(i) of the Comprehensive Addiction and Recovery Act of 2016 ( 21 U.S.C. 1536(i) ) is amended by striking 2017 through 2021 and inserting 2024 through 2028. 5. Community-based coalition enhancement grants to educate youth on the risks of drugs contaminated with fentanyl or other synthetic opioids Title I of the Comprehensive Addiction and Recovery Act of 2016 ( Public Law 114–198 ) is amended by inserting after section 103 ( 21 U.S.C. 1536 ) the following: 103A. Community-based coalition enhancement grants to educate youth on the risks of drugs contaminated with fentanyl or other synthetic opioids (a) Program authorized The Director of the Office of National Drug Control Policy (referred to in this section as the Director ), in coordination with the Director of the Centers for Disease Control and Prevention, may make grants to eligible entities to implement education of the public on the dangers of contamination of drugs with fentanyl or other synthetic opioids. (b) Application (1) In general An eligible entity seeking a grant under this section shall submit an application to the Director at such time, in such manner, and accompanied by such information as the Director may require. (2) Criteria As part of an application for a grant under this section, the Director shall require an eligible entity to submit a detailed, comprehensive, multisector plan for addressing the implementation of an evidence-based public education campaign on the dangers of drugs contaminated with fentanyl or other synthetic opioids, with a specific consideration given to education focused on youth at increased risk for developing a substance use disorder. (3) Eligible entities For purposes of this section, the term eligible entity means an entity that— (A) has documented, using local data, rates of drug overdose related to fentanyl or other synthetic opioids at levels that are significant, as determined by the Director; and (B) has received a grant under the Drug-Free Communities Act of 1997. (c) Use of funds An eligible entity shall use a grant received under this section— (1) for programs designed to implement comprehensive community-wide prevention strategies to address the dangers of drugs contaminated with fentanyl or other synthetic opioids, in the area served by the eligible entity, in accordance with the plan submitted under subsection (b)(2); (2) to obtain specialized training and technical assistance from the organization funded under section 4 of Public Law 107–82 ( 21 U.S.C. 1521 note); and (3) for programs designed to implement comprehensive community-wide strategies to address the dangers of drugs contaminated with fentanyl or other synthetic opioids in the community. (d) Supplement not supplant An eligible entity shall use Federal funds received under this section only to supplement the funds that would, in the absence of those Federal funds, be made available from other Federal and non-Federal sources for the activities described in this section, and not to supplant those funds. (e) Evaluation A grant under this section shall be subject to the same evaluation requirements and procedures as the evaluation requirements and procedures imposed on the recipient of a grant under the Drug-Free Communities Act of 1997, and shall also include an evaluation of the effectiveness at reducing the use of illicit fentanyl or other synthetic opioids. (f) Limitation on administrative expenses Not more than 12 percent of the amounts made available to carry out this section for a fiscal year may be used to pay for administrative expenses. (g) Delegation authority The Director may enter into an interagency agreement with the Director of the Centers for Disease Control and Prevention to delegate authority for the execution of grants and for such other activities, as the Director determines necessary to carry out this section. (h) Definition In this section, the term drug has the meaning given such term in section 102A. (i) Authorization of Appropriations For the purpose of carrying out this section, there are authorized to be appropriated such sums as may be necessary for each of fiscal years 2024 through 2028.. 103A. Community-based coalition enhancement grants to educate youth on the risks of drugs contaminated with fentanyl or other synthetic opioids (a) Program authorized The Director of the Office of National Drug Control Policy (referred to in this section as the Director ), in coordination with the Director of the Centers for Disease Control and Prevention, may make grants to eligible entities to implement education of the public on the dangers of contamination of drugs with fentanyl or other synthetic opioids. (b) Application (1) In general An eligible entity seeking a grant under this section shall submit an application to the Director at such time, in such manner, and accompanied by such information as the Director may require. (2) Criteria As part of an application for a grant under this section, the Director shall require an eligible entity to submit a detailed, comprehensive, multisector plan for addressing the implementation of an evidence-based public education campaign on the dangers of drugs contaminated with fentanyl or other synthetic opioids, with a specific consideration given to education focused on youth at increased risk for developing a substance use disorder. (3) Eligible entities For purposes of this section, the term eligible entity means an entity that— (A) has documented, using local data, rates of drug overdose related to fentanyl or other synthetic opioids at levels that are significant, as determined by the Director; and (B) has received a grant under the Drug-Free Communities Act of 1997. (c) Use of funds An eligible entity shall use a grant received under this section— (1) for programs designed to implement comprehensive community-wide prevention strategies to address the dangers of drugs contaminated with fentanyl or other synthetic opioids, in the area served by the eligible entity, in accordance with the plan submitted under subsection (b)(2); (2) to obtain specialized training and technical assistance from the organization funded under section 4 of Public Law 107–82 ( 21 U.S.C. 1521 note); and (3) for programs designed to implement comprehensive community-wide strategies to address the dangers of drugs contaminated with fentanyl or other synthetic opioids in the community. (d) Supplement not supplant An eligible entity shall use Federal funds received under this section only to supplement the funds that would, in the absence of those Federal funds, be made available from other Federal and non-Federal sources for the activities described in this section, and not to supplant those funds. (e) Evaluation A grant under this section shall be subject to the same evaluation requirements and procedures as the evaluation requirements and procedures imposed on the recipient of a grant under the Drug-Free Communities Act of 1997, and shall also include an evaluation of the effectiveness at reducing the use of illicit fentanyl or other synthetic opioids. (f) Limitation on administrative expenses Not more than 12 percent of the amounts made available to carry out this section for a fiscal year may be used to pay for administrative expenses. (g) Delegation authority The Director may enter into an interagency agreement with the Director of the Centers for Disease Control and Prevention to delegate authority for the execution of grants and for such other activities, as the Director determines necessary to carry out this section. (h) Definition In this section, the term drug has the meaning given such term in section 102A. (i) Authorization of Appropriations For the purpose of carrying out this section, there are authorized to be appropriated such sums as may be necessary for each of fiscal years 2024 through 2028.
18,444
[ "Energy and Commerce Committee" ]
118hr2894ih
118
hr
2,894
ih
To prohibit the use of Federal funds to launch a nuclear weapon using an autonomous weapons system that is not subject to meaningful human control, and for other purposes.
[ { "text": "1. Short title \nThis Act may be cited as the Block Nuclear Launch by Autonomous Artificial Intelligence Act of 2023.", "id": "H37728FFECA5C4552AEAE489DBBC1264B", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Findings \nCongress finds the following: (1) Department of Defense Directive 3000.09 defines autonomous weapons system as a weapons system that, once activated, can select and engage targets without further intervention by an operator. (2) Article 3, clause 8 of the United Nations Convention on Certain Conventional Weapons prohibits the indiscriminate use of weapons, which is defined as any placement of such weapons … which may be expected to cause incidental loss of civilian life, injury to civilians, damage to civilian objects, or a combination thereof, which would be excessive in relation to the concrete and direct military advantage anticipated. (3) Section 5.10 of the Department of Defense Law of War Manual states [c]ommanders, at all levels, have a great responsibility to exercise the leadership necessary to reduce the risk of harm to civilians and civilian objects. (4) In a report on autonomous weapons systems published on December 1, 2021, Human Rights Watch and the International Human Rights Clinic of Harvard Law School argue that [r]obots lack the compassion, empathy, mercy, and judgment necessary to treat humans humanely, and they cannot understand the inherent worth of human life. (5) The 2022 Nuclear Posture Review states [i]n all cases, the United States will maintain a human in the loop for all actions critical to informing and executing decisions by the President to initiate and terminate nuclear weapon employment. (6) The National Security Commission on Artificial Intelligence, established by Congress pursuant to section 1051 of the National Defense Authorization Act for Fiscal Year 2019 ( Public Law 115–232 ), recommends that the United States clearly and publicly affirm existing U.S. policy that only human beings can authorize employment of nuclear weapons and seek similar commitments from Russia and China. (7) On February 16, 2023, the Department of State issued a Political Declaration on Responsible Military Use of Artificial Intelligence and Autonomy, which includes the following statement: States should maintain human control and involvement for all actions critical to informing and executing sovereign decisions concerning nuclear weapons. (8) Large-scale nuclear war would lead to the deaths of millions of people, firestorms, radioactive fallout contamination, agricultural failure, and catastrophic climate results. (9) To comply with international humanitarian law, human control and human legal judgment are essential in the nuclear command and control process.", "id": "HA2F8C8708CFA4077AD05AFB6CC028259", "header": "Findings", "nested": [], "links": [ { "text": "Public Law 115–232", "legal-doc": "public-law", "parsable-cite": "pl/115/232" } ] }, { "text": "3. Sense of Congress \nIt is the sense of Congress that— (1) the use of lethal, autonomous nuclear weapons systems that are not subject to meaningful human control cannot properly adhere to international humanitarian law; and (2) any decision to launch any nuclear weapon should not be made by artificial intelligence.", "id": "HE8B9D0CF120A448C8B857445242F1A38", "header": "Sense of Congress", "nested": [], "links": [] }, { "text": "4. Prohibition on use of Federal funds to deploy nuclear weapons with autonomous weapons systems not subject to meaningful human control \n(a) In general \nNone of the funds authorized to be appropriated or otherwise made available for any fiscal year may be obligated or expended to use an autonomous weapons system that is not subject to meaningful human control to— (1) launch a nuclear weapon; or (2) select or engage targets for the purposes of launching a nuclear weapon. (b) Definitions \nIn this section: (1) The term autonomous weapons system has the meaning given such term in Department of Defense Directive 3000.09, titled Autonomy in Weapons Systems as in effect on the date of the enactment of this Act. (2) The term meaningful human control means, with respect to an autonomous weapons system, human control of— (A) the selection and engagement of targets; and (B) the time, location, and manner of use.", "id": "HB9BA93BE52FC4F88A4A93DDE09B2DA65", "header": "Prohibition on use of Federal funds to deploy nuclear weapons with autonomous weapons systems not subject to meaningful human control", "nested": [ { "text": "(a) In general \nNone of the funds authorized to be appropriated or otherwise made available for any fiscal year may be obligated or expended to use an autonomous weapons system that is not subject to meaningful human control to— (1) launch a nuclear weapon; or (2) select or engage targets for the purposes of launching a nuclear weapon.", "id": "HDC0D25DA0C074AC996E27C79CDA65637", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Definitions \nIn this section: (1) The term autonomous weapons system has the meaning given such term in Department of Defense Directive 3000.09, titled Autonomy in Weapons Systems as in effect on the date of the enactment of this Act. (2) The term meaningful human control means, with respect to an autonomous weapons system, human control of— (A) the selection and engagement of targets; and (B) the time, location, and manner of use.", "id": "H0B640EEF2CEE4328822B614A7BD2B7E4", "header": "Definitions", "nested": [], "links": [] } ], "links": [] } ]
4
1. Short title This Act may be cited as the Block Nuclear Launch by Autonomous Artificial Intelligence Act of 2023. 2. Findings Congress finds the following: (1) Department of Defense Directive 3000.09 defines autonomous weapons system as a weapons system that, once activated, can select and engage targets without further intervention by an operator. (2) Article 3, clause 8 of the United Nations Convention on Certain Conventional Weapons prohibits the indiscriminate use of weapons, which is defined as any placement of such weapons … which may be expected to cause incidental loss of civilian life, injury to civilians, damage to civilian objects, or a combination thereof, which would be excessive in relation to the concrete and direct military advantage anticipated. (3) Section 5.10 of the Department of Defense Law of War Manual states [c]ommanders, at all levels, have a great responsibility to exercise the leadership necessary to reduce the risk of harm to civilians and civilian objects. (4) In a report on autonomous weapons systems published on December 1, 2021, Human Rights Watch and the International Human Rights Clinic of Harvard Law School argue that [r]obots lack the compassion, empathy, mercy, and judgment necessary to treat humans humanely, and they cannot understand the inherent worth of human life. (5) The 2022 Nuclear Posture Review states [i]n all cases, the United States will maintain a human in the loop for all actions critical to informing and executing decisions by the President to initiate and terminate nuclear weapon employment. (6) The National Security Commission on Artificial Intelligence, established by Congress pursuant to section 1051 of the National Defense Authorization Act for Fiscal Year 2019 ( Public Law 115–232 ), recommends that the United States clearly and publicly affirm existing U.S. policy that only human beings can authorize employment of nuclear weapons and seek similar commitments from Russia and China. (7) On February 16, 2023, the Department of State issued a Political Declaration on Responsible Military Use of Artificial Intelligence and Autonomy, which includes the following statement: States should maintain human control and involvement for all actions critical to informing and executing sovereign decisions concerning nuclear weapons. (8) Large-scale nuclear war would lead to the deaths of millions of people, firestorms, radioactive fallout contamination, agricultural failure, and catastrophic climate results. (9) To comply with international humanitarian law, human control and human legal judgment are essential in the nuclear command and control process. 3. Sense of Congress It is the sense of Congress that— (1) the use of lethal, autonomous nuclear weapons systems that are not subject to meaningful human control cannot properly adhere to international humanitarian law; and (2) any decision to launch any nuclear weapon should not be made by artificial intelligence. 4. Prohibition on use of Federal funds to deploy nuclear weapons with autonomous weapons systems not subject to meaningful human control (a) In general None of the funds authorized to be appropriated or otherwise made available for any fiscal year may be obligated or expended to use an autonomous weapons system that is not subject to meaningful human control to— (1) launch a nuclear weapon; or (2) select or engage targets for the purposes of launching a nuclear weapon. (b) Definitions In this section: (1) The term autonomous weapons system has the meaning given such term in Department of Defense Directive 3000.09, titled Autonomy in Weapons Systems as in effect on the date of the enactment of this Act. (2) The term meaningful human control means, with respect to an autonomous weapons system, human control of— (A) the selection and engagement of targets; and (B) the time, location, and manner of use.
3,880
[ "Foreign Affairs Committee", "Armed Services Committee" ]
118hr87ih
118
hr
87
ih
To require the Secretary of Homeland Security to detain any alien who is unlawfully present in the United States and is arrested for certain criminal offenses.
[ { "text": "1. Short title \nThis Act may be cited as Grant’s Law.", "id": "HC0BE80D4D2184367B2D11F5B5E8F972E", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Mandatory detention for certain aliens arrested for the commission of certain offenses \nSection 236(c) of the Immigration and Nationality Act ( 8 U.S.C. 1226(c)(1) ) is amended— (1) in paragraph (1)— (A) in subparagraph (C), by striking or at the end; (B) in subparagraph (D), by adding or at the end; and (C) by inserting after subparagraph (D) the following: (E) is— (i) determined by the Secretary of Homeland Security to be unlawfully present in the United States; and (ii) arrested for any offense described in subparagraphs (A) through (D) the conviction of which would render the alien inadmissible under section 212(a) or deportable under section 237(a), ; and (2) in paragraph (2)— (A) by striking The Attorney General and inserting the following: (A) In general \nExcept as provided in subparagraph (B), the Secretary of Homeland Security ; (B) by striking the Attorney General each place such term appears and inserting the Secretary ; and (C) by adding at the end the following: (B) Arrested but not convicted aliens \nThe Secretary of Homeland Security may release any alien held pursuant to paragraph (1)(E) to the appropriate authority for any proceedings subsequent to the arrest. The Secretary shall resume custody of the alien during any period pending the final disposition of any such proceedings that the alien is not in the custody of such appropriate authority. If the alien is not convicted of the offense for which the alien was arrested, the Secretary shall continue to detain the alien until removal proceedings are completed..", "id": "H7BD1AB24145A47098101E553B4F8BF73", "header": "Mandatory detention for certain aliens arrested for the commission of certain offenses", "nested": [], "links": [ { "text": "8 U.S.C. 1226(c)(1)", "legal-doc": "usc", "parsable-cite": "usc/8/1226" } ] }, { "text": "3. Expedited initiation of removal proceedings \nSection 239(d) of the Immigration and Nationality Act ( 8 U.S.C. 1229(d) ) is amended by adding at the end the following: (3) In the case of any alien held pursuant to section 236(c)(1)(E), the Secretary of Homeland Security shall complete removal proceedings by not later than 90 days after such alien is detained..", "id": "HE506662CC3A2485A9093271F0D428447", "header": "Expedited initiation of removal proceedings", "nested": [], "links": [ { "text": "8 U.S.C. 1229(d)", "legal-doc": "usc", "parsable-cite": "usc/8/1229" } ] } ]
3
1. Short title This Act may be cited as Grant’s Law. 2. Mandatory detention for certain aliens arrested for the commission of certain offenses Section 236(c) of the Immigration and Nationality Act ( 8 U.S.C. 1226(c)(1) ) is amended— (1) in paragraph (1)— (A) in subparagraph (C), by striking or at the end; (B) in subparagraph (D), by adding or at the end; and (C) by inserting after subparagraph (D) the following: (E) is— (i) determined by the Secretary of Homeland Security to be unlawfully present in the United States; and (ii) arrested for any offense described in subparagraphs (A) through (D) the conviction of which would render the alien inadmissible under section 212(a) or deportable under section 237(a), ; and (2) in paragraph (2)— (A) by striking The Attorney General and inserting the following: (A) In general Except as provided in subparagraph (B), the Secretary of Homeland Security ; (B) by striking the Attorney General each place such term appears and inserting the Secretary ; and (C) by adding at the end the following: (B) Arrested but not convicted aliens The Secretary of Homeland Security may release any alien held pursuant to paragraph (1)(E) to the appropriate authority for any proceedings subsequent to the arrest. The Secretary shall resume custody of the alien during any period pending the final disposition of any such proceedings that the alien is not in the custody of such appropriate authority. If the alien is not convicted of the offense for which the alien was arrested, the Secretary shall continue to detain the alien until removal proceedings are completed.. 3. Expedited initiation of removal proceedings Section 239(d) of the Immigration and Nationality Act ( 8 U.S.C. 1229(d) ) is amended by adding at the end the following: (3) In the case of any alien held pursuant to section 236(c)(1)(E), the Secretary of Homeland Security shall complete removal proceedings by not later than 90 days after such alien is detained..
1,974
[ "Judiciary Committee" ]
118hr5701ih
118
hr
5,701
ih
To amend the Food and Nutrition Act of 2008 to prohibit the placement of a photograph of any household member on an electronic benefit card used by such household to purchase food with supplemental nutrition assistance program benefits provided under such Act.
[ { "text": "1. Short title \nThis Act may be cited as the No Photo for Food Act of 2023.", "id": "HB8DB7F2043C34662ABF2DE2A291EBA89", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Amendments \nSection 7(h) of the Food and Nutrition Act of 2008 ( 7 U.S.C. 2016(h) ) is amended— (1) in paragraph (2)(C)(i) by striking photographic identification on electronic benefit transfer cards, , and (2) by amending paragraph (9) to read as follows: (9) Limitation \nA State agency may not require that an electronic benefit card contain a photograph of any household member authorized to use such card to purchase food under the supplemental nutrition assistance program..", "id": "H3DFBBD27886440B59EB61FD0836A1D35", "header": "Amendments", "nested": [], "links": [ { "text": "7 U.S.C. 2016(h)", "legal-doc": "usc", "parsable-cite": "usc/7/2016" } ] }, { "text": "3. 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": "H138AEA30394746E7B65E09932A619B49", "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": "H3D89B9844EAE44CAB0D206D2AAFD6725", "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": "HD3AD87B84026480399BDED49BA1F59C8", "header": "Application of amendments", "nested": [], "links": [] } ], "links": [] } ]
3
1. Short title This Act may be cited as the No Photo for Food Act of 2023. 2. Amendments Section 7(h) of the Food and Nutrition Act of 2008 ( 7 U.S.C. 2016(h) ) is amended— (1) in paragraph (2)(C)(i) by striking photographic identification on electronic benefit transfer cards, , and (2) by amending paragraph (9) to read as follows: (9) Limitation A State agency may not require that an electronic benefit card contain a photograph of any household member authorized to use such card to purchase food under the supplemental nutrition assistance program.. 3. 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.
946
[ "Agriculture Committee" ]
118hr2181ih
118
hr
2,181
ih
To provide for a limitation on availability of funds for U.S. Department of Interior, Office of Inspector General for fiscal year 2024.
[ { "text": "1. Limitation on availability of funds for U.S. Department of Interior, Office of Inspector General 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, Office of Inspector General for fiscal year 2024 may not exceed $52,486,000.", "id": "H32F891CC025143BF93B1DAF361977921", "header": "Limitation on availability of funds for U.S. Department of Interior, Office of Inspector General for fiscal year 2024", "nested": [], "links": [] } ]
1
1. Limitation on availability of funds for U.S. Department of Interior, Office of Inspector General 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, Office of Inspector General for fiscal year 2024 may not exceed $52,486,000.
340
[ "Natural Resources Committee" ]
118hr7968ih
118
hr
7,968
ih
To amend the Public Works and Economic Development Act of 1965 to provide for the establishment of a Critical Supply Chain Site Development grant program, and for other purposes.
[ { "text": "1. Short title \nThis Act may be cited as the Opportunities for Non-developed Sites to Have Opportunities to be Rehabilitated for Economic development Act of 2024 or the ONSHORE Act of 2024.", "id": "HC4D8B43D0FC1408E9467D4D176C6897F", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Findings \nSection 2(a) of the Public Works and Economic Development Act of 1965 ( 42 U.S.C. 3121(a) ) 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: (7) economic development in Tribal nations, States, cities, and rural areas of the United States can be best promoted by assisting communities and regions in developing and implementing cluster-based regional economic and innovation strategies that strengthen critical domestic supply chains, including by promoting industrial site development or expansion projects for the purposes of— (A) reshoring companies to the United States; and (B) incentivizing greenfield foreign direct investments by companies headquartered outside the United States..", "id": "H35688D11F3FA404FB6AE165931258B8D", "header": "Findings", "nested": [], "links": [ { "text": "42 U.S.C. 3121(a)", "legal-doc": "usc", "parsable-cite": "usc/42/3121" } ] }, { "text": "3. Critical supply chain site development grant program \n(a) In general \nTitle II of the Public Works and Economic Development Act of 1965 is amended by inserting after section 207 ( 42 U.S.C. 3147 ) the following: 208. Critical supply chain site development grant program \n(a) Establishment \nThe Secretary shall establish a grant program, to be known as the Critical Supply Chain Site Development grant program (referred to in this section as the grant program ), to provide grants to eligible recipients to carry out site development or expansion projects for the purpose of making the site ready for manufacturing projects, including foreign direct investment projects and advanced manufacturing projects, in industries determined to be of strategic importance by the Secretary. (b) Considerations \nIn awarding a grant to an eligible recipient under the grant program, the Secretary may consider whether— (1) the proposed improvements to the site will improve economic conditions for— (A) rural or Tribal communities; or (B) economically disadvantaged regions experiencing chronic high unemployment, underemployment, outmigration, or low per-capita incomes, as determined by the Secretary; (2) the project is consistent with regional economic development plans, which may include a comprehensive economic development strategy; and (3) the eligible recipient has initiatives to prioritize job training and workforce development. (c) Priority \nIn awarding grants to eligible recipients under the grant program, the Secretary shall give priority to eligible recipients that propose to carry out a project that— (1) has State, local, private, or nonprofit funds being contributed to assist with site development efforts; and (2) supports the domestic manufacturing of technologies in— (A) a key technology focus area included on the list required under section 10387(a)(2) of the Research and Development, Competition, and Innovation Act ( 42 U.S.C. 19107(a)(2) ) (referred to in this section as a key technology focus area ); or (B) other industries or technology sectors identified by the Secretary, in consultation with the Secretary of Defense, to be critical to national security and economic competitiveness. (d) Use of funds \nA grant awarded under the grant program may be used for the following activities relating to the development or expansion of a site: (1) Investments in site utility readiness, including— (A) construction of on-site utility infrastructure; (B) construction of last-mile infrastructure, including road infrastructure, water infrastructure, power infrastructure, broadband infrastructure, and other physical last-mile infrastructure; (C) site grading; and (D) other activities to extend public utilities or services to a site, as determined appropriate by the Secretary. (2) Investments in site readiness, including— (A) land assembly and other land or property acquisition; (B) environmental reviews; (C) zoning; (D) design; (E) engineering; and (F) permitting. (3) Investments in workforce development programs, including job training and retraining programs. (4) Investments to ensure that economically disadvantaged communities have access to on-site jobs. (e) Eligible recipient \nEntities eligible to receive a grant under this section are— (1) an economic development district; (2) an Indian tribe; (3) a State; (4) a city or other political subdivision of a State, including a special purpose unit of a State or local government engaged in economic or infrastructure development activities, or a consortium of political subdivisions; (5) an institution of higher education or a consortium of institutions of higher education; or (6) a public or private nonprofit organization or association acting in cooperation with officials of a political subdivision of a State. (f) Minimum number of grants \nEach fiscal year, the Secretary shall award not fewer than 10 grants under the grant program. (g) Grant restrictions \nIn awarding grants under the grant program, the Secretary shall not— (1) require an eligible recipient to demonstrate that a private company or investment has selected the site for development or expansion; (2) award a grant— (A) to a foreign entity of concern (as defined in section 10612(a) of the Research and Development, Competition, and Innovation Act ( 42 U.S.C. 19221(a) )); or (B) for a project that would benefit a foreign entity of concern (as so defined); or (3) award more than 20 percent of amounts made available to carry out the grant program for a fiscal year for projects that support any 1 particular key technology focus area or an industry or technology sector identified under subsection (c)(2)(B). (h) Cost sharing \nNotwithstanding section 204, the Federal share of the cost of a project carried out with an award under the grant program may be up to 100 percent of the total project cost. (i) Authorization of appropriations \nThere is authorized to be appropriated to the Secretary to carry out the grant program $100,000,000 for each of fiscal years 2024 through 2028.. (b) Clerical amendment \nThe table of contents contained in section 1(b) of the Public Works and Economic Development Act of 1965 ( Public Law 89–136 ) is amended by inserting after the item relating to section 207 the following: Sec. 208. Critical supply chain site development grant program..", "id": "HB9DE558CC4DD4D34BC19FA494EA49A77", "header": "Critical supply chain site development grant program", "nested": [ { "text": "(a) In general \nTitle II of the Public Works and Economic Development Act of 1965 is amended by inserting after section 207 ( 42 U.S.C. 3147 ) the following: 208. Critical supply chain site development grant program \n(a) Establishment \nThe Secretary shall establish a grant program, to be known as the Critical Supply Chain Site Development grant program (referred to in this section as the grant program ), to provide grants to eligible recipients to carry out site development or expansion projects for the purpose of making the site ready for manufacturing projects, including foreign direct investment projects and advanced manufacturing projects, in industries determined to be of strategic importance by the Secretary. (b) Considerations \nIn awarding a grant to an eligible recipient under the grant program, the Secretary may consider whether— (1) the proposed improvements to the site will improve economic conditions for— (A) rural or Tribal communities; or (B) economically disadvantaged regions experiencing chronic high unemployment, underemployment, outmigration, or low per-capita incomes, as determined by the Secretary; (2) the project is consistent with regional economic development plans, which may include a comprehensive economic development strategy; and (3) the eligible recipient has initiatives to prioritize job training and workforce development. (c) Priority \nIn awarding grants to eligible recipients under the grant program, the Secretary shall give priority to eligible recipients that propose to carry out a project that— (1) has State, local, private, or nonprofit funds being contributed to assist with site development efforts; and (2) supports the domestic manufacturing of technologies in— (A) a key technology focus area included on the list required under section 10387(a)(2) of the Research and Development, Competition, and Innovation Act ( 42 U.S.C. 19107(a)(2) ) (referred to in this section as a key technology focus area ); or (B) other industries or technology sectors identified by the Secretary, in consultation with the Secretary of Defense, to be critical to national security and economic competitiveness. (d) Use of funds \nA grant awarded under the grant program may be used for the following activities relating to the development or expansion of a site: (1) Investments in site utility readiness, including— (A) construction of on-site utility infrastructure; (B) construction of last-mile infrastructure, including road infrastructure, water infrastructure, power infrastructure, broadband infrastructure, and other physical last-mile infrastructure; (C) site grading; and (D) other activities to extend public utilities or services to a site, as determined appropriate by the Secretary. (2) Investments in site readiness, including— (A) land assembly and other land or property acquisition; (B) environmental reviews; (C) zoning; (D) design; (E) engineering; and (F) permitting. (3) Investments in workforce development programs, including job training and retraining programs. (4) Investments to ensure that economically disadvantaged communities have access to on-site jobs. (e) Eligible recipient \nEntities eligible to receive a grant under this section are— (1) an economic development district; (2) an Indian tribe; (3) a State; (4) a city or other political subdivision of a State, including a special purpose unit of a State or local government engaged in economic or infrastructure development activities, or a consortium of political subdivisions; (5) an institution of higher education or a consortium of institutions of higher education; or (6) a public or private nonprofit organization or association acting in cooperation with officials of a political subdivision of a State. (f) Minimum number of grants \nEach fiscal year, the Secretary shall award not fewer than 10 grants under the grant program. (g) Grant restrictions \nIn awarding grants under the grant program, the Secretary shall not— (1) require an eligible recipient to demonstrate that a private company or investment has selected the site for development or expansion; (2) award a grant— (A) to a foreign entity of concern (as defined in section 10612(a) of the Research and Development, Competition, and Innovation Act ( 42 U.S.C. 19221(a) )); or (B) for a project that would benefit a foreign entity of concern (as so defined); or (3) award more than 20 percent of amounts made available to carry out the grant program for a fiscal year for projects that support any 1 particular key technology focus area or an industry or technology sector identified under subsection (c)(2)(B). (h) Cost sharing \nNotwithstanding section 204, the Federal share of the cost of a project carried out with an award under the grant program may be up to 100 percent of the total project cost. (i) Authorization of appropriations \nThere is authorized to be appropriated to the Secretary to carry out the grant program $100,000,000 for each of fiscal years 2024 through 2028..", "id": "H3E6124A3E69843BF9827E317D257D12A", "header": "In general", "nested": [], "links": [ { "text": "42 U.S.C. 3147", "legal-doc": "usc", "parsable-cite": "usc/42/3147" }, { "text": "42 U.S.C. 19107(a)(2)", "legal-doc": "usc", "parsable-cite": "usc/42/19107" }, { "text": "42 U.S.C. 19221(a)", "legal-doc": "usc", "parsable-cite": "usc/42/19221" } ] }, { "text": "(b) Clerical amendment \nThe table of contents contained in section 1(b) of the Public Works and Economic Development Act of 1965 ( Public Law 89–136 ) is amended by inserting after the item relating to section 207 the following: Sec. 208. Critical supply chain site development grant program..", "id": "H4C46B02FDA184D0DA0AE020B8CA0437D", "header": "Clerical amendment", "nested": [], "links": [ { "text": "Public Law 89–136", "legal-doc": "public-law", "parsable-cite": "pl/89/136" } ] } ], "links": [ { "text": "42 U.S.C. 3147", "legal-doc": "usc", "parsable-cite": "usc/42/3147" }, { "text": "42 U.S.C. 19107(a)(2)", "legal-doc": "usc", "parsable-cite": "usc/42/19107" }, { "text": "42 U.S.C. 19221(a)", "legal-doc": "usc", "parsable-cite": "usc/42/19221" }, { "text": "Public Law 89–136", "legal-doc": "public-law", "parsable-cite": "pl/89/136" } ] }, { "text": "208. Critical supply chain site development grant program \n(a) Establishment \nThe Secretary shall establish a grant program, to be known as the Critical Supply Chain Site Development grant program (referred to in this section as the grant program ), to provide grants to eligible recipients to carry out site development or expansion projects for the purpose of making the site ready for manufacturing projects, including foreign direct investment projects and advanced manufacturing projects, in industries determined to be of strategic importance by the Secretary. (b) Considerations \nIn awarding a grant to an eligible recipient under the grant program, the Secretary may consider whether— (1) the proposed improvements to the site will improve economic conditions for— (A) rural or Tribal communities; or (B) economically disadvantaged regions experiencing chronic high unemployment, underemployment, outmigration, or low per-capita incomes, as determined by the Secretary; (2) the project is consistent with regional economic development plans, which may include a comprehensive economic development strategy; and (3) the eligible recipient has initiatives to prioritize job training and workforce development. (c) Priority \nIn awarding grants to eligible recipients under the grant program, the Secretary shall give priority to eligible recipients that propose to carry out a project that— (1) has State, local, private, or nonprofit funds being contributed to assist with site development efforts; and (2) supports the domestic manufacturing of technologies in— (A) a key technology focus area included on the list required under section 10387(a)(2) of the Research and Development, Competition, and Innovation Act ( 42 U.S.C. 19107(a)(2) ) (referred to in this section as a key technology focus area ); or (B) other industries or technology sectors identified by the Secretary, in consultation with the Secretary of Defense, to be critical to national security and economic competitiveness. (d) Use of funds \nA grant awarded under the grant program may be used for the following activities relating to the development or expansion of a site: (1) Investments in site utility readiness, including— (A) construction of on-site utility infrastructure; (B) construction of last-mile infrastructure, including road infrastructure, water infrastructure, power infrastructure, broadband infrastructure, and other physical last-mile infrastructure; (C) site grading; and (D) other activities to extend public utilities or services to a site, as determined appropriate by the Secretary. (2) Investments in site readiness, including— (A) land assembly and other land or property acquisition; (B) environmental reviews; (C) zoning; (D) design; (E) engineering; and (F) permitting. (3) Investments in workforce development programs, including job training and retraining programs. (4) Investments to ensure that economically disadvantaged communities have access to on-site jobs. (e) Eligible recipient \nEntities eligible to receive a grant under this section are— (1) an economic development district; (2) an Indian tribe; (3) a State; (4) a city or other political subdivision of a State, including a special purpose unit of a State or local government engaged in economic or infrastructure development activities, or a consortium of political subdivisions; (5) an institution of higher education or a consortium of institutions of higher education; or (6) a public or private nonprofit organization or association acting in cooperation with officials of a political subdivision of a State. (f) Minimum number of grants \nEach fiscal year, the Secretary shall award not fewer than 10 grants under the grant program. (g) Grant restrictions \nIn awarding grants under the grant program, the Secretary shall not— (1) require an eligible recipient to demonstrate that a private company or investment has selected the site for development or expansion; (2) award a grant— (A) to a foreign entity of concern (as defined in section 10612(a) of the Research and Development, Competition, and Innovation Act ( 42 U.S.C. 19221(a) )); or (B) for a project that would benefit a foreign entity of concern (as so defined); or (3) award more than 20 percent of amounts made available to carry out the grant program for a fiscal year for projects that support any 1 particular key technology focus area or an industry or technology sector identified under subsection (c)(2)(B). (h) Cost sharing \nNotwithstanding section 204, the Federal share of the cost of a project carried out with an award under the grant program may be up to 100 percent of the total project cost. (i) Authorization of appropriations \nThere is authorized to be appropriated to the Secretary to carry out the grant program $100,000,000 for each of fiscal years 2024 through 2028.", "id": "H502D84D79B8D4E6290B5CB70827C0F1A", "header": "Critical supply chain site development grant program", "nested": [ { "text": "(a) Establishment \nThe Secretary shall establish a grant program, to be known as the Critical Supply Chain Site Development grant program (referred to in this section as the grant program ), to provide grants to eligible recipients to carry out site development or expansion projects for the purpose of making the site ready for manufacturing projects, including foreign direct investment projects and advanced manufacturing projects, in industries determined to be of strategic importance by the Secretary.", "id": "H3CFBA7AB2B6940298849A794E4000FFB", "header": "Establishment", "nested": [], "links": [] }, { "text": "(b) Considerations \nIn awarding a grant to an eligible recipient under the grant program, the Secretary may consider whether— (1) the proposed improvements to the site will improve economic conditions for— (A) rural or Tribal communities; or (B) economically disadvantaged regions experiencing chronic high unemployment, underemployment, outmigration, or low per-capita incomes, as determined by the Secretary; (2) the project is consistent with regional economic development plans, which may include a comprehensive economic development strategy; and (3) the eligible recipient has initiatives to prioritize job training and workforce development.", "id": "H7682408E19A74296AD5D7EE355FDFAF0", "header": "Considerations", "nested": [], "links": [] }, { "text": "(c) Priority \nIn awarding grants to eligible recipients under the grant program, the Secretary shall give priority to eligible recipients that propose to carry out a project that— (1) has State, local, private, or nonprofit funds being contributed to assist with site development efforts; and (2) supports the domestic manufacturing of technologies in— (A) a key technology focus area included on the list required under section 10387(a)(2) of the Research and Development, Competition, and Innovation Act ( 42 U.S.C. 19107(a)(2) ) (referred to in this section as a key technology focus area ); or (B) other industries or technology sectors identified by the Secretary, in consultation with the Secretary of Defense, to be critical to national security and economic competitiveness.", "id": "H7CF93155F52A4B8086AFCEF022CBE362", "header": "Priority", "nested": [], "links": [ { "text": "42 U.S.C. 19107(a)(2)", "legal-doc": "usc", "parsable-cite": "usc/42/19107" } ] }, { "text": "(d) Use of funds \nA grant awarded under the grant program may be used for the following activities relating to the development or expansion of a site: (1) Investments in site utility readiness, including— (A) construction of on-site utility infrastructure; (B) construction of last-mile infrastructure, including road infrastructure, water infrastructure, power infrastructure, broadband infrastructure, and other physical last-mile infrastructure; (C) site grading; and (D) other activities to extend public utilities or services to a site, as determined appropriate by the Secretary. (2) Investments in site readiness, including— (A) land assembly and other land or property acquisition; (B) environmental reviews; (C) zoning; (D) design; (E) engineering; and (F) permitting. (3) Investments in workforce development programs, including job training and retraining programs. (4) Investments to ensure that economically disadvantaged communities have access to on-site jobs.", "id": "H4644A67E768546DD9B459647331455C0", "header": "Use of funds", "nested": [], "links": [] }, { "text": "(e) Eligible recipient \nEntities eligible to receive a grant under this section are— (1) an economic development district; (2) an Indian tribe; (3) a State; (4) a city or other political subdivision of a State, including a special purpose unit of a State or local government engaged in economic or infrastructure development activities, or a consortium of political subdivisions; (5) an institution of higher education or a consortium of institutions of higher education; or (6) a public or private nonprofit organization or association acting in cooperation with officials of a political subdivision of a State.", "id": "HAD63D353533D40BBA89722E95A2C9784", "header": "Eligible recipient", "nested": [], "links": [] }, { "text": "(f) Minimum number of grants \nEach fiscal year, the Secretary shall award not fewer than 10 grants under the grant program.", "id": "HB4DEF143105D426CAD1FFE5692E42F9C", "header": "Minimum number of grants", "nested": [], "links": [] }, { "text": "(g) Grant restrictions \nIn awarding grants under the grant program, the Secretary shall not— (1) require an eligible recipient to demonstrate that a private company or investment has selected the site for development or expansion; (2) award a grant— (A) to a foreign entity of concern (as defined in section 10612(a) of the Research and Development, Competition, and Innovation Act ( 42 U.S.C. 19221(a) )); or (B) for a project that would benefit a foreign entity of concern (as so defined); or (3) award more than 20 percent of amounts made available to carry out the grant program for a fiscal year for projects that support any 1 particular key technology focus area or an industry or technology sector identified under subsection (c)(2)(B).", "id": "HA04BCBA4CD894B349034C56B6FFAF15A", "header": "Grant restrictions", "nested": [], "links": [ { "text": "42 U.S.C. 19221(a)", "legal-doc": "usc", "parsable-cite": "usc/42/19221" } ] }, { "text": "(h) Cost sharing \nNotwithstanding section 204, the Federal share of the cost of a project carried out with an award under the grant program may be up to 100 percent of the total project cost.", "id": "H08767A1B64754CCC9A783D46CE3BE8D1", "header": "Cost sharing", "nested": [], "links": [] }, { "text": "(i) Authorization of appropriations \nThere is authorized to be appropriated to the Secretary to carry out the grant program $100,000,000 for each of fiscal years 2024 through 2028.", "id": "H2977D1E4194A475AB0B4B1E65341BA12", "header": "Authorization of appropriations", "nested": [], "links": [] } ], "links": [ { "text": "42 U.S.C. 19107(a)(2)", "legal-doc": "usc", "parsable-cite": "usc/42/19107" }, { "text": "42 U.S.C. 19221(a)", "legal-doc": "usc", "parsable-cite": "usc/42/19221" } ] }, { "text": "4. Use of funds in projects constructed under projected cost \nSection 211(a) of the Public Works and Economic Development Act of 1965 ( 42 U.S.C. 3151(a) ) is amended, in the matter preceding paragraph (1), by striking section 201 or 209 and inserting section 201, 208, or 209.", "id": "HE9E60E286DAD4F2FBC331DC4411640C9", "header": "Use of funds in projects constructed under projected cost", "nested": [], "links": [ { "text": "42 U.S.C. 3151(a)", "legal-doc": "usc", "parsable-cite": "usc/42/3151" } ] }, { "text": "5. Direct expenditure or redistribution by recipient \nSection 217(a) of the Public Works and Economic Development Act of 1965 ( 42 U.S.C. 3154c(a) ) is amended by striking section 201, 203, or 207 and inserting section 201, 203, 207, or 208.", "id": "H5A4FDE24266B4686B5CC30C1FDB6C9FD", "header": "Direct expenditure or redistribution by recipient", "nested": [], "links": [ { "text": "42 U.S.C. 3154c(a)", "legal-doc": "usc", "parsable-cite": "usc/42/3154c" } ] } ]
6
1. Short title This Act may be cited as the Opportunities for Non-developed Sites to Have Opportunities to be Rehabilitated for Economic development Act of 2024 or the ONSHORE Act of 2024. 2. Findings Section 2(a) of the Public Works and Economic Development Act of 1965 ( 42 U.S.C. 3121(a) ) 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: (7) economic development in Tribal nations, States, cities, and rural areas of the United States can be best promoted by assisting communities and regions in developing and implementing cluster-based regional economic and innovation strategies that strengthen critical domestic supply chains, including by promoting industrial site development or expansion projects for the purposes of— (A) reshoring companies to the United States; and (B) incentivizing greenfield foreign direct investments by companies headquartered outside the United States.. 3. Critical supply chain site development grant program (a) In general Title II of the Public Works and Economic Development Act of 1965 is amended by inserting after section 207 ( 42 U.S.C. 3147 ) the following: 208. Critical supply chain site development grant program (a) Establishment The Secretary shall establish a grant program, to be known as the Critical Supply Chain Site Development grant program (referred to in this section as the grant program ), to provide grants to eligible recipients to carry out site development or expansion projects for the purpose of making the site ready for manufacturing projects, including foreign direct investment projects and advanced manufacturing projects, in industries determined to be of strategic importance by the Secretary. (b) Considerations In awarding a grant to an eligible recipient under the grant program, the Secretary may consider whether— (1) the proposed improvements to the site will improve economic conditions for— (A) rural or Tribal communities; or (B) economically disadvantaged regions experiencing chronic high unemployment, underemployment, outmigration, or low per-capita incomes, as determined by the Secretary; (2) the project is consistent with regional economic development plans, which may include a comprehensive economic development strategy; and (3) the eligible recipient has initiatives to prioritize job training and workforce development. (c) Priority In awarding grants to eligible recipients under the grant program, the Secretary shall give priority to eligible recipients that propose to carry out a project that— (1) has State, local, private, or nonprofit funds being contributed to assist with site development efforts; and (2) supports the domestic manufacturing of technologies in— (A) a key technology focus area included on the list required under section 10387(a)(2) of the Research and Development, Competition, and Innovation Act ( 42 U.S.C. 19107(a)(2) ) (referred to in this section as a key technology focus area ); or (B) other industries or technology sectors identified by the Secretary, in consultation with the Secretary of Defense, to be critical to national security and economic competitiveness. (d) Use of funds A grant awarded under the grant program may be used for the following activities relating to the development or expansion of a site: (1) Investments in site utility readiness, including— (A) construction of on-site utility infrastructure; (B) construction of last-mile infrastructure, including road infrastructure, water infrastructure, power infrastructure, broadband infrastructure, and other physical last-mile infrastructure; (C) site grading; and (D) other activities to extend public utilities or services to a site, as determined appropriate by the Secretary. (2) Investments in site readiness, including— (A) land assembly and other land or property acquisition; (B) environmental reviews; (C) zoning; (D) design; (E) engineering; and (F) permitting. (3) Investments in workforce development programs, including job training and retraining programs. (4) Investments to ensure that economically disadvantaged communities have access to on-site jobs. (e) Eligible recipient Entities eligible to receive a grant under this section are— (1) an economic development district; (2) an Indian tribe; (3) a State; (4) a city or other political subdivision of a State, including a special purpose unit of a State or local government engaged in economic or infrastructure development activities, or a consortium of political subdivisions; (5) an institution of higher education or a consortium of institutions of higher education; or (6) a public or private nonprofit organization or association acting in cooperation with officials of a political subdivision of a State. (f) Minimum number of grants Each fiscal year, the Secretary shall award not fewer than 10 grants under the grant program. (g) Grant restrictions In awarding grants under the grant program, the Secretary shall not— (1) require an eligible recipient to demonstrate that a private company or investment has selected the site for development or expansion; (2) award a grant— (A) to a foreign entity of concern (as defined in section 10612(a) of the Research and Development, Competition, and Innovation Act ( 42 U.S.C. 19221(a) )); or (B) for a project that would benefit a foreign entity of concern (as so defined); or (3) award more than 20 percent of amounts made available to carry out the grant program for a fiscal year for projects that support any 1 particular key technology focus area or an industry or technology sector identified under subsection (c)(2)(B). (h) Cost sharing Notwithstanding section 204, the Federal share of the cost of a project carried out with an award under the grant program may be up to 100 percent of the total project cost. (i) Authorization of appropriations There is authorized to be appropriated to the Secretary to carry out the grant program $100,000,000 for each of fiscal years 2024 through 2028.. (b) Clerical amendment The table of contents contained in section 1(b) of the Public Works and Economic Development Act of 1965 ( Public Law 89–136 ) is amended by inserting after the item relating to section 207 the following: Sec. 208. Critical supply chain site development grant program.. 208. Critical supply chain site development grant program (a) Establishment The Secretary shall establish a grant program, to be known as the Critical Supply Chain Site Development grant program (referred to in this section as the grant program ), to provide grants to eligible recipients to carry out site development or expansion projects for the purpose of making the site ready for manufacturing projects, including foreign direct investment projects and advanced manufacturing projects, in industries determined to be of strategic importance by the Secretary. (b) Considerations In awarding a grant to an eligible recipient under the grant program, the Secretary may consider whether— (1) the proposed improvements to the site will improve economic conditions for— (A) rural or Tribal communities; or (B) economically disadvantaged regions experiencing chronic high unemployment, underemployment, outmigration, or low per-capita incomes, as determined by the Secretary; (2) the project is consistent with regional economic development plans, which may include a comprehensive economic development strategy; and (3) the eligible recipient has initiatives to prioritize job training and workforce development. (c) Priority In awarding grants to eligible recipients under the grant program, the Secretary shall give priority to eligible recipients that propose to carry out a project that— (1) has State, local, private, or nonprofit funds being contributed to assist with site development efforts; and (2) supports the domestic manufacturing of technologies in— (A) a key technology focus area included on the list required under section 10387(a)(2) of the Research and Development, Competition, and Innovation Act ( 42 U.S.C. 19107(a)(2) ) (referred to in this section as a key technology focus area ); or (B) other industries or technology sectors identified by the Secretary, in consultation with the Secretary of Defense, to be critical to national security and economic competitiveness. (d) Use of funds A grant awarded under the grant program may be used for the following activities relating to the development or expansion of a site: (1) Investments in site utility readiness, including— (A) construction of on-site utility infrastructure; (B) construction of last-mile infrastructure, including road infrastructure, water infrastructure, power infrastructure, broadband infrastructure, and other physical last-mile infrastructure; (C) site grading; and (D) other activities to extend public utilities or services to a site, as determined appropriate by the Secretary. (2) Investments in site readiness, including— (A) land assembly and other land or property acquisition; (B) environmental reviews; (C) zoning; (D) design; (E) engineering; and (F) permitting. (3) Investments in workforce development programs, including job training and retraining programs. (4) Investments to ensure that economically disadvantaged communities have access to on-site jobs. (e) Eligible recipient Entities eligible to receive a grant under this section are— (1) an economic development district; (2) an Indian tribe; (3) a State; (4) a city or other political subdivision of a State, including a special purpose unit of a State or local government engaged in economic or infrastructure development activities, or a consortium of political subdivisions; (5) an institution of higher education or a consortium of institutions of higher education; or (6) a public or private nonprofit organization or association acting in cooperation with officials of a political subdivision of a State. (f) Minimum number of grants Each fiscal year, the Secretary shall award not fewer than 10 grants under the grant program. (g) Grant restrictions In awarding grants under the grant program, the Secretary shall not— (1) require an eligible recipient to demonstrate that a private company or investment has selected the site for development or expansion; (2) award a grant— (A) to a foreign entity of concern (as defined in section 10612(a) of the Research and Development, Competition, and Innovation Act ( 42 U.S.C. 19221(a) )); or (B) for a project that would benefit a foreign entity of concern (as so defined); or (3) award more than 20 percent of amounts made available to carry out the grant program for a fiscal year for projects that support any 1 particular key technology focus area or an industry or technology sector identified under subsection (c)(2)(B). (h) Cost sharing Notwithstanding section 204, the Federal share of the cost of a project carried out with an award under the grant program may be up to 100 percent of the total project cost. (i) Authorization of appropriations There is authorized to be appropriated to the Secretary to carry out the grant program $100,000,000 for each of fiscal years 2024 through 2028. 4. Use of funds in projects constructed under projected cost Section 211(a) of the Public Works and Economic Development Act of 1965 ( 42 U.S.C. 3151(a) ) is amended, in the matter preceding paragraph (1), by striking section 201 or 209 and inserting section 201, 208, or 209. 5. Direct expenditure or redistribution by recipient Section 217(a) of the Public Works and Economic Development Act of 1965 ( 42 U.S.C. 3154c(a) ) is amended by striking section 201, 203, or 207 and inserting section 201, 203, 207, or 208.
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[ "Financial Services Committee", "Transportation and Infrastructure Committee" ]
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To provide an earned path to citizenship, to address the root causes of migration and responsibly manage the southern border, and to reform the immigrant visa system, and for other purposes.
[ { "text": "1. Short title; table of contents \n(a) Short title \nThis Act may be cited as the U.S. Citizenship Act. (b) Table of contents \nThe table of contents for this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Definitions. Sec. 3. Terminology with respect to noncitizens. TITLE I—Earned path to citizenship and other reforms Subtitle A—Earned path to citizenship Sec. 1101. Lawful prospective immigrant status. Sec. 1102. Adjustment of status of lawful prospective immigrants. Sec. 1103. The Dream Act. Sec. 1104. The American Promise Act. Sec. 1105. The Agricultural Workers Adjustment Act. Sec. 1106. General provisions relating to adjustment of status. Subtitle B—Other reforms Sec. 1201. V nonimmigrant visas. Sec. 1202. Expungement and sentencing. Sec. 1203. Petty offenses. Sec. 1204. Restoring fairness to adjudications. Sec. 1205. Judicial review. Sec. 1206. Modifications to naturalization provisions. Sec. 1207. Relief for long-term legal residents of the Commonwealth of the Northern Mariana Islands. Sec. 1208. Government contracting and acquisition of real property interest. Sec. 1209. Conforming amendments to the Social Security Act. TITLE II—Addressing the root causes of migration and responsibly managing the southern border Sec. 2001. Definitions. Subtitle A—Promoting the rule of law, security, and economic development in Central America Sec. 2101. United States Strategy for Engagement in Central America. Sec. 2102. Securing support of international donors and partners. Sec. 2103. Combating corruption, strengthening the rule of law, and consolidating democratic governance. Sec. 2104. Combating criminal violence and improving citizen security. Sec. 2105. Combating sexual, gender-based, and domestic violence. Sec. 2106. Tackling extreme poverty and advancing economic development. Sec. 2107. Authorization of appropriations for United States Strategy for Engagement in Central America. Subtitle B—Addressing migration needs by strengthening regional humanitarian responses for refugees and asylum seekers in the Western Hemisphere and strengthening repatriation initiatives Sec. 2201. Expanding refugee and asylum processing in the Western Hemisphere. Sec. 2202. Further strengthening regional humanitarian responses in the Western Hemisphere. Sec. 2203. Information campaign on dangers of irregular migration. Sec. 2204. Identification, screening, and processing of refugees and other individuals eligible for lawful admission to the United States. Sec. 2205. Registration and intake. Sec. 2206. Central American Refugee Program. Sec. 2207. Central American Minors Program. Sec. 2208. Central American Family Reunification Parole Program. Sec. 2209. Informational campaign; case status hotline. Subtitle C—Managing the border and protecting border communities Sec. 2301. Expediting legitimate trade and travel at ports of entry. Sec. 2302. Deploying smart technology at the southern border. Sec. 2303. Independent oversight on privacy rights. Sec. 2304. Training and continuing education. Sec. 2305. GAO study of waiver of environmental and other laws. Sec. 2306. Establishment of Border Community Stakeholder Advisory Committee. Sec. 2307. Rescue beacons. Sec. 2308. Use of force. Sec. 2309. Office of Professional Responsibility. Subtitle D—Improving border infrastructure for families and children; cracking down on criminal organizations Sec. 2401. Humanitarian and medical standards for individuals in U.S. Customs and Border Protection custody. Sec. 2402. Child welfare at the border. Sec. 2403. Office of Inspector General oversight. Sec. 2404. Enhanced investigation and prosecution of human smuggling networks and trafficking organizations. Sec. 2405. Enhanced penalties for organized smuggling schemes. Sec. 2406. Expanding financial sanctions on narcotics trafficking and money laundering. Sec. 2407. Support for transnational anti-gang task forces for countering criminal gangs. Sec. 2408. Hindering immigration, border, and customs controls. TITLE III—Reform of the immigrant visa system Subtitle A—Promoting family reunification Sec. 3101. Recapture of immigrant visas lost to bureaucratic delay. Sec. 3102. Reclassification of spouses and minor children of lawful permanent residents as immediate relatives. Sec. 3103. Adjustment of family-sponsored per-country limits. Sec. 3104. Promoting family unity. Sec. 3105. Relief for orphans, widows, and widowers. Sec. 3106. Exemption from immigrant visa limit for certain veterans who are natives of the Philippines. Sec. 3107. Fiancée or fiancé child status protection. Sec. 3108. Retention of priority dates. Sec. 3109. Inclusion of permanent partners. Sec. 3110. Definition of child. Sec. 3111. Termination of conditional permanent resident status for certain noncitizen permanent partners and sons and daughters upon finding qualifying permanent partnership improper. Sec. 3112. Nationality at birth. Subtitle B—National origin-Based antidiscrimination for nonimmigrants Sec. 3201. Expansion of nondiscrimination provision. Sec. 3202. Transfer and limitations on authority to suspend or restrict the entry of a class of noncitizens. Subtitle C—Diversity immigrants Sec. 3301. Increasing diversity visas. Subtitle D—Reforming employment-Based immigration Sec. 3401. Doctoral STEM graduates from accredited United States universities. Sec. 3402. Addressing visa backlogs. Sec. 3403. Eliminating employment-based per country levels. Sec. 3404. Increased immigrant visas for other workers. Sec. 3405. Flexible adjustments to employment-based immigrant visa program. Sec. 3406. Regional Economic Development Immigrant Visa Pilot Program. Sec. 3407. Wage-based consideration of temporary workers. Sec. 3408. Clarifying dual intent for postsecondary students. Sec. 3409. H–4 visa reform. Sec. 3410. Extensions related to pending petitions. Subtitle E—Promoting immigrant and refugee integration Sec. 3501. Definition of Foundation. Sec. 3502. United States Citizenship and Integration Foundation. Sec. 3503. Pilot program to promote immigrant integration at State and local levels. Sec. 3504. English as a Gateway to Integration grant program. Sec. 3505. Workforce Development and Shared Prosperity grant program. Sec. 3506. Existing citizenship education grants. Sec. 3507. Grant program to assist eligible applicants. Sec. 3508. Study on factors affecting employment opportunities for immigrants and refugees with professional credentials obtained in foreign countries. Sec. 3509. In-State tuition rates for refugees, asylees, and certain special immigrants. Sec. 3510. Waiver of English requirement for senior new Americans. Sec. 3511. Naturalization for certain United States high school graduates. Sec. 3512. Naturalization ceremonies. Sec. 3513. National citizenship promotion program. Sec. 3514. Authorization of appropriations for Foundation and pilot program. TITLE IV—Immigration courts, family values, and vulnerable individuals Subtitle A—Promoting efficient processing of asylum seekers, addressing immigration court backlogs, and efficiently repatriating migrants ordered removed Sec. 4101. Expanding alternatives to detention. Sec. 4102. Eliminating immigration court backlogs. Sec. 4103. Improved training for immigration judges and members of the Board of Immigration Appeals. Sec. 4104. New technology to improve court efficiency. Sec. 4105. Court appearance compliance and legal orientation. Sec. 4106. Improving court efficiency and reducing costs by increasing access to legal information. Sec. 4107. Facilitating safe and efficient repatriation. Subtitle B—Protecting family values and monitoring and caring for unaccompanied noncitizen children after arrival Sec. 4201. Definition of local educational agency. Sec. 4202. Responsibility of sponsor for immigration court compliance and child well-being. Sec. 4203. Funding to school districts for unaccompanied noncitizen children. Sec. 4204. School enrollment. Subtitle C—Admission and Protection of Refugees, Asylum Seekers, and Other Vulnerable Individuals Sec. 4301. Elimination of time limits on asylum applications. Sec. 4302. Increasing annual numerical limitation on U visas. Sec. 4303. Employment authorization for asylum seekers and other individuals. Sec. 4304. Enhanced protection for individuals seeking T visas, U visas, and protection under VAWA. Sec. 4305. Alternatives to detention. Sec. 4306. Notification of proceedings. Sec. 4307. Conversion of certain petitions. Sec. 4308. Improvements to application process for Afghan special immigrant visas. Sec. 4309. Special immigrant status for certain surviving spouses and children. Sec. 4310. Special immigrant status for certain Syrians who worked for the United States Government in Syria. Sec. 4311. Authorization of appropriations. TITLE V—Employment authorization and protecting workers from exploitation Sec. 5101. Commission on Employment Authorization. Sec. 5102. Power Act. Sec. 5103. Additional civil penalty. Sec. 5104. Continued application of workforce and labor protection remedies. Sec. 5105. Prohibition on discrimination based on national origin or citizenship status. Sec. 5106. Fairness for farmworkers. Sec. 5107. Protections for migrant and seasonal laborers. Sec. 5108. Directive to the United States Sentencing Commission. Sec. 5109. Labor Law Enforcement Fund.", "id": "HC91C01BBE4C44BEA8065E2007778D8F6", "header": "Short title; table of contents", "nested": [ { "text": "(a) Short title \nThis Act may be cited as the U.S. Citizenship Act.", "id": "H1716FC2DEBF64D81B05D2DFB0586EA66", "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. Sec. 3. Terminology with respect to noncitizens. TITLE I—Earned path to citizenship and other reforms Subtitle A—Earned path to citizenship Sec. 1101. Lawful prospective immigrant status. Sec. 1102. Adjustment of status of lawful prospective immigrants. Sec. 1103. The Dream Act. Sec. 1104. The American Promise Act. Sec. 1105. The Agricultural Workers Adjustment Act. Sec. 1106. General provisions relating to adjustment of status. Subtitle B—Other reforms Sec. 1201. V nonimmigrant visas. Sec. 1202. Expungement and sentencing. Sec. 1203. Petty offenses. Sec. 1204. Restoring fairness to adjudications. Sec. 1205. Judicial review. Sec. 1206. Modifications to naturalization provisions. Sec. 1207. Relief for long-term legal residents of the Commonwealth of the Northern Mariana Islands. Sec. 1208. Government contracting and acquisition of real property interest. Sec. 1209. Conforming amendments to the Social Security Act. TITLE II—Addressing the root causes of migration and responsibly managing the southern border Sec. 2001. Definitions. Subtitle A—Promoting the rule of law, security, and economic development in Central America Sec. 2101. United States Strategy for Engagement in Central America. Sec. 2102. Securing support of international donors and partners. Sec. 2103. Combating corruption, strengthening the rule of law, and consolidating democratic governance. Sec. 2104. Combating criminal violence and improving citizen security. Sec. 2105. Combating sexual, gender-based, and domestic violence. Sec. 2106. Tackling extreme poverty and advancing economic development. Sec. 2107. Authorization of appropriations for United States Strategy for Engagement in Central America. Subtitle B—Addressing migration needs by strengthening regional humanitarian responses for refugees and asylum seekers in the Western Hemisphere and strengthening repatriation initiatives Sec. 2201. Expanding refugee and asylum processing in the Western Hemisphere. Sec. 2202. Further strengthening regional humanitarian responses in the Western Hemisphere. Sec. 2203. Information campaign on dangers of irregular migration. Sec. 2204. Identification, screening, and processing of refugees and other individuals eligible for lawful admission to the United States. Sec. 2205. Registration and intake. Sec. 2206. Central American Refugee Program. Sec. 2207. Central American Minors Program. Sec. 2208. Central American Family Reunification Parole Program. Sec. 2209. Informational campaign; case status hotline. Subtitle C—Managing the border and protecting border communities Sec. 2301. Expediting legitimate trade and travel at ports of entry. Sec. 2302. Deploying smart technology at the southern border. Sec. 2303. Independent oversight on privacy rights. Sec. 2304. Training and continuing education. Sec. 2305. GAO study of waiver of environmental and other laws. Sec. 2306. Establishment of Border Community Stakeholder Advisory Committee. Sec. 2307. Rescue beacons. Sec. 2308. Use of force. Sec. 2309. Office of Professional Responsibility. Subtitle D—Improving border infrastructure for families and children; cracking down on criminal organizations Sec. 2401. Humanitarian and medical standards for individuals in U.S. Customs and Border Protection custody. Sec. 2402. Child welfare at the border. Sec. 2403. Office of Inspector General oversight. Sec. 2404. Enhanced investigation and prosecution of human smuggling networks and trafficking organizations. Sec. 2405. Enhanced penalties for organized smuggling schemes. Sec. 2406. Expanding financial sanctions on narcotics trafficking and money laundering. Sec. 2407. Support for transnational anti-gang task forces for countering criminal gangs. Sec. 2408. Hindering immigration, border, and customs controls. TITLE III—Reform of the immigrant visa system Subtitle A—Promoting family reunification Sec. 3101. Recapture of immigrant visas lost to bureaucratic delay. Sec. 3102. Reclassification of spouses and minor children of lawful permanent residents as immediate relatives. Sec. 3103. Adjustment of family-sponsored per-country limits. Sec. 3104. Promoting family unity. Sec. 3105. Relief for orphans, widows, and widowers. Sec. 3106. Exemption from immigrant visa limit for certain veterans who are natives of the Philippines. Sec. 3107. Fiancée or fiancé child status protection. Sec. 3108. Retention of priority dates. Sec. 3109. Inclusion of permanent partners. Sec. 3110. Definition of child. Sec. 3111. Termination of conditional permanent resident status for certain noncitizen permanent partners and sons and daughters upon finding qualifying permanent partnership improper. Sec. 3112. Nationality at birth. Subtitle B—National origin-Based antidiscrimination for nonimmigrants Sec. 3201. Expansion of nondiscrimination provision. Sec. 3202. Transfer and limitations on authority to suspend or restrict the entry of a class of noncitizens. Subtitle C—Diversity immigrants Sec. 3301. Increasing diversity visas. Subtitle D—Reforming employment-Based immigration Sec. 3401. Doctoral STEM graduates from accredited United States universities. Sec. 3402. Addressing visa backlogs. Sec. 3403. Eliminating employment-based per country levels. Sec. 3404. Increased immigrant visas for other workers. Sec. 3405. Flexible adjustments to employment-based immigrant visa program. Sec. 3406. Regional Economic Development Immigrant Visa Pilot Program. Sec. 3407. Wage-based consideration of temporary workers. Sec. 3408. Clarifying dual intent for postsecondary students. Sec. 3409. H–4 visa reform. Sec. 3410. Extensions related to pending petitions. Subtitle E—Promoting immigrant and refugee integration Sec. 3501. Definition of Foundation. Sec. 3502. United States Citizenship and Integration Foundation. Sec. 3503. Pilot program to promote immigrant integration at State and local levels. Sec. 3504. English as a Gateway to Integration grant program. Sec. 3505. Workforce Development and Shared Prosperity grant program. Sec. 3506. Existing citizenship education grants. Sec. 3507. Grant program to assist eligible applicants. Sec. 3508. Study on factors affecting employment opportunities for immigrants and refugees with professional credentials obtained in foreign countries. Sec. 3509. In-State tuition rates for refugees, asylees, and certain special immigrants. Sec. 3510. Waiver of English requirement for senior new Americans. Sec. 3511. Naturalization for certain United States high school graduates. Sec. 3512. Naturalization ceremonies. Sec. 3513. National citizenship promotion program. Sec. 3514. Authorization of appropriations for Foundation and pilot program. TITLE IV—Immigration courts, family values, and vulnerable individuals Subtitle A—Promoting efficient processing of asylum seekers, addressing immigration court backlogs, and efficiently repatriating migrants ordered removed Sec. 4101. Expanding alternatives to detention. Sec. 4102. Eliminating immigration court backlogs. Sec. 4103. Improved training for immigration judges and members of the Board of Immigration Appeals. Sec. 4104. New technology to improve court efficiency. Sec. 4105. Court appearance compliance and legal orientation. Sec. 4106. Improving court efficiency and reducing costs by increasing access to legal information. Sec. 4107. Facilitating safe and efficient repatriation. Subtitle B—Protecting family values and monitoring and caring for unaccompanied noncitizen children after arrival Sec. 4201. Definition of local educational agency. Sec. 4202. Responsibility of sponsor for immigration court compliance and child well-being. Sec. 4203. Funding to school districts for unaccompanied noncitizen children. Sec. 4204. School enrollment. Subtitle C—Admission and Protection of Refugees, Asylum Seekers, and Other Vulnerable Individuals Sec. 4301. Elimination of time limits on asylum applications. Sec. 4302. Increasing annual numerical limitation on U visas. Sec. 4303. Employment authorization for asylum seekers and other individuals. Sec. 4304. Enhanced protection for individuals seeking T visas, U visas, and protection under VAWA. Sec. 4305. Alternatives to detention. Sec. 4306. Notification of proceedings. Sec. 4307. Conversion of certain petitions. Sec. 4308. Improvements to application process for Afghan special immigrant visas. Sec. 4309. Special immigrant status for certain surviving spouses and children. Sec. 4310. Special immigrant status for certain Syrians who worked for the United States Government in Syria. Sec. 4311. Authorization of appropriations. TITLE V—Employment authorization and protecting workers from exploitation Sec. 5101. Commission on Employment Authorization. Sec. 5102. Power Act. Sec. 5103. Additional civil penalty. Sec. 5104. Continued application of workforce and labor protection remedies. Sec. 5105. Prohibition on discrimination based on national origin or citizenship status. Sec. 5106. Fairness for farmworkers. Sec. 5107. Protections for migrant and seasonal laborers. Sec. 5108. Directive to the United States Sentencing Commission. Sec. 5109. Labor Law Enforcement Fund.", "id": "H9A10A3F3D4704420ACA89018458264FC", "header": "Table of contents", "nested": [], "links": [] } ], "links": [] }, { "text": "2. Definitions \nIn this Act: (1) In general \nAny term used in this Act that is used in the immigration laws shall have the meaning given such term in the immigration laws. (2) Immigration laws \nThe term immigration laws has the meaning given the term in section 101(a) of the Immigration and Nationality Act ( 8 U.S.C. 1101(a) ). (3) Secretary \nThe term Secretary means the Secretary of Homeland Security.", "id": "H54B4464FC8AB41DC90FD3C27CBDA724A", "header": "Definitions", "nested": [], "links": [ { "text": "8 U.S.C. 1101(a)", "legal-doc": "usc", "parsable-cite": "usc/8/1101" } ] }, { "text": "3. Terminology with respect to noncitizens \n(a) Immigration and Nationality Act \n(1) In general \nThe Immigration and Nationality Act ( 8 U.S.C. 1101 et seq. ) is amended— (A) in section 101(a) ( 8 U.S.C. 1101(a) )— (i) by striking paragraph (3) and inserting the following: (3) Noncitizen \nThe term noncitizen means any person not a citizen or national of the United States. ; and (ii) by adding at the end the following: (53) Noncitizenship \nThe term noncitizenship means the condition of being a noncitizen. ; (B) by striking an alien each place it appears and inserting a noncitizen ; (C) by striking An alien each place it appears and inserting A noncitizen ; (D) by striking alien each place it appears and inserting noncitizen ; (E) by striking aliens each place it appears and inserting noncitizens ; (F) by striking alien's each place it appears and inserting noncitizen's ; and (G) by striking alienage each place it appears and inserting noncitizenship. (2) Headings \nThe Immigration and Nationality Act ( 8 U.S.C. 1101 et seq. ) is amended— (A) in the title and chapter headings— (i) by striking Alien each place it appears and inserting Noncitizen ; and (ii) by striking Aliens each place it appears and inserting Noncitizens ; (B) in the section headings— (i) by striking Alien each place it appears and inserting Noncitizen ; (ii) by striking Aliens each place it appears and inserting Noncitizens ; and (iii) by striking Alienage each place it appears and inserting Noncitizenship ; (C) in the subsection headings— (i) by striking Alien each place it appears and inserting Noncitizen ; and (ii) by striking Aliens each place it appears and inserting Noncitizens ; and (D) in the paragraph, subparagraph, clause, subclause, item, and subitem headings— (i) by striking Alien each place it appears and inserting Noncitizen ; (ii) by striking alien each place it appears and inserting noncitizen ; (iii) by striking Aliens each place it appears and inserting Noncitizens ; and (iv) by striking aliens each place it appears and inserting noncitizens. (3) Table of contents \nThe table of contents for the Immigration and Nationality Act ( 8 U.S.C. 1101 et seq. ) is amended— (A) by striking the item relating to title V and inserting the following: Title V—Noncitizen terrorist removal procedures ; and (B) in the items relating to the chapters and sections— (i) by striking Alien each place it appears and inserting Noncitizen ; (ii) by striking Aliens each place it appears and inserting Noncitizens ; (iii) by striking alien each place it appears and inserting noncitizen ; (iv) by striking aliens each place it appears and inserting noncitizens ; and (v) by striking alienage each place it appears and inserting noncitizenship. (b) Unaccompanied noncitizen children \nSection 462 of the Homeland Security Act of 2002 ( 6 U.S.C. 279 ) is amended by striking alien each place it appears and inserting noncitizen. (c) References to aliens \nWith respect to a person who is not a citizen or national of the United States, any reference in Federal law, Federal regulation, or any written instrument issued by the executive branch of the Government to an alien shall be deemed to refer to a noncitizen (as defined in section 101(a) of the Immigration and Nationality Act, as amended by subsection (a)(1)).", "id": "H53900E3678D441A9BA64FD96E3DB4358", "header": "Terminology with respect to noncitizens", "nested": [ { "text": "(a) Immigration and Nationality Act \n(1) In general \nThe Immigration and Nationality Act ( 8 U.S.C. 1101 et seq. ) is amended— (A) in section 101(a) ( 8 U.S.C. 1101(a) )— (i) by striking paragraph (3) and inserting the following: (3) Noncitizen \nThe term noncitizen means any person not a citizen or national of the United States. ; and (ii) by adding at the end the following: (53) Noncitizenship \nThe term noncitizenship means the condition of being a noncitizen. ; (B) by striking an alien each place it appears and inserting a noncitizen ; (C) by striking An alien each place it appears and inserting A noncitizen ; (D) by striking alien each place it appears and inserting noncitizen ; (E) by striking aliens each place it appears and inserting noncitizens ; (F) by striking alien's each place it appears and inserting noncitizen's ; and (G) by striking alienage each place it appears and inserting noncitizenship. (2) Headings \nThe Immigration and Nationality Act ( 8 U.S.C. 1101 et seq. ) is amended— (A) in the title and chapter headings— (i) by striking Alien each place it appears and inserting Noncitizen ; and (ii) by striking Aliens each place it appears and inserting Noncitizens ; (B) in the section headings— (i) by striking Alien each place it appears and inserting Noncitizen ; (ii) by striking Aliens each place it appears and inserting Noncitizens ; and (iii) by striking Alienage each place it appears and inserting Noncitizenship ; (C) in the subsection headings— (i) by striking Alien each place it appears and inserting Noncitizen ; and (ii) by striking Aliens each place it appears and inserting Noncitizens ; and (D) in the paragraph, subparagraph, clause, subclause, item, and subitem headings— (i) by striking Alien each place it appears and inserting Noncitizen ; (ii) by striking alien each place it appears and inserting noncitizen ; (iii) by striking Aliens each place it appears and inserting Noncitizens ; and (iv) by striking aliens each place it appears and inserting noncitizens. (3) Table of contents \nThe table of contents for the Immigration and Nationality Act ( 8 U.S.C. 1101 et seq. ) is amended— (A) by striking the item relating to title V and inserting the following: Title V—Noncitizen terrorist removal procedures ; and (B) in the items relating to the chapters and sections— (i) by striking Alien each place it appears and inserting Noncitizen ; (ii) by striking Aliens each place it appears and inserting Noncitizens ; (iii) by striking alien each place it appears and inserting noncitizen ; (iv) by striking aliens each place it appears and inserting noncitizens ; and (v) by striking alienage each place it appears and inserting noncitizenship.", "id": "H965F68D6F7D14C3CB67516470FE1E323", "header": "Immigration and Nationality Act", "nested": [], "links": [ { "text": "8 U.S.C. 1101 et seq.", "legal-doc": "usc", "parsable-cite": "usc/8/1101" }, { "text": "8 U.S.C. 1101(a)", "legal-doc": "usc", "parsable-cite": "usc/8/1101" }, { "text": "8 U.S.C. 1101 et seq.", "legal-doc": "usc", "parsable-cite": "usc/8/1101" }, { "text": "8 U.S.C. 1101 et seq.", "legal-doc": "usc", "parsable-cite": "usc/8/1101" } ] }, { "text": "(b) Unaccompanied noncitizen children \nSection 462 of the Homeland Security Act of 2002 ( 6 U.S.C. 279 ) is amended by striking alien each place it appears and inserting noncitizen.", "id": "H96EF6A52D8544229AB19CEB09EEC1326", "header": "Unaccompanied noncitizen children", "nested": [], "links": [ { "text": "6 U.S.C. 279", "legal-doc": "usc", "parsable-cite": "usc/6/279" } ] }, { "text": "(c) References to aliens \nWith respect to a person who is not a citizen or national of the United States, any reference in Federal law, Federal regulation, or any written instrument issued by the executive branch of the Government to an alien shall be deemed to refer to a noncitizen (as defined in section 101(a) of the Immigration and Nationality Act, as amended by subsection (a)(1)).", "id": "HA5FB651CADE74D588CCA079AEAC0F7AD", "header": "References to aliens", "nested": [], "links": [] } ], "links": [ { "text": "8 U.S.C. 1101 et seq.", "legal-doc": "usc", "parsable-cite": "usc/8/1101" }, { "text": "8 U.S.C. 1101(a)", "legal-doc": "usc", "parsable-cite": "usc/8/1101" }, { "text": "8 U.S.C. 1101 et seq.", "legal-doc": "usc", "parsable-cite": "usc/8/1101" }, { "text": "8 U.S.C. 1101 et seq.", "legal-doc": "usc", "parsable-cite": "usc/8/1101" }, { "text": "6 U.S.C. 279", "legal-doc": "usc", "parsable-cite": "usc/6/279" } ] }, { "text": "1101. Lawful prospective immigrant status \n(a) In general \nChapter 5 of title II of the Immigration and Nationality Act ( 8 U.S.C. 1255 et seq. ) is amended by inserting after section 245A the following: 245B. Adjustment of status of eligible entrants to that of lawful prospective immigrant \n(a) Requirements \nNotwithstanding any other provision of law, the Secretary may grant lawful prospective immigrant status to a noncitizen who— (1) satisfies the eligibility requirements set forth in section 245G(b), including all criminal and national security background checks and the payment of all applicable fees; and (2) submits an application pursuant to the procedures under section 245G(b)(1). (b) Spouses and children \nThe requirement in paragraph (2) subsection (a) shall not apply to a noncitizen who is the spouse or child of a noncitizen who satisfies all requirements of that subsection. (c) Duration of status and extension \nThe initial period of authorized admission for a lawful prospective immigrant— (1) shall remain valid for 6 years, unless revoked pursuant to subsection 245G(g)(4); and (2) may be extended for additional 6-year terms if— (A) the noncitizen remains eligible for lawful prospective immigrant status; (B) the noncitizen has successfully passed the background checks described in section 245G(d)(3); and (C) such status was not revoked by the Secretary. (d) Evidence of lawful prospective immigrant status \n(1) In general \nThe Secretary shall issue documentary evidence of lawful prospective immigrant status to each noncitizen, including the principal applicant and any spouse or child included in the application, whose application for such status has been approved. (2) Documentation features \nDocumentary evidence issued under paragraph (1) shall— (A) comply with the requirements of section 245G(g)(3)(C); and (B) specify a period of validity of 6 years beginning on the date of issuance. (e) Terms and conditions of lawful prospective immigrant status \n(1) In general \nA noncitizen granted lawful prospective immigrant status under this section shall be considered lawfully present in the United States for all purposes while such noncitizen remains in such status, except that the noncitizen— (A) is not entitled to the premium assistance tax credit authorized under section 36B of the Internal Revenue Code of 1986 for his or her health insurance coverage; (B) shall be subject to the rules applicable to individuals not lawfully present that are set forth in subsection (e) of that section; (C) shall be subject to the rules applicable to individuals not lawfully present that are set forth in section 1402(e) of the Patient Protection and Affordable Care Act ( 42 U.S.C. 18071 ); and (D) shall be subject to the rules applicable to individuals not lawfully present set forth in section 5000A(d)(3) of the Internal Revenue Code of 1986. (2) Eligibility for coverage under a qualified health plan \nNotwithstanding section 1312(f)(3) of the Patient Protection and Affordable Care Act ( 42 U.S.C. 18032(f)(3) ), a lawful prospective immigrant shall be treated as a qualified individual under section 1312 of that Act if the lawful prospective immigrant meets the requirements under subsection (f)(1) of that section. (3) Employment \nNotwithstanding any other provision of law, including section 241(a)(7), a lawful prospective immigrant shall be authorized to be employed in the United States while in such status. (4) Travel outside the United States \nA lawful prospective immigrant may travel outside of the United States and may be admitted, if otherwise admissible, upon returning to the United States without having to obtain a visa if— (A) the lawful prospective immigrant is in possession of— (i) valid, unexpired documentary evidence of lawful prospective immigrant status; or (ii) a travel document, duly approved by the Secretary, that was issued to the lawful prospective immigrant after the lawful prospective immigrant’s original documentary evidence was lost, stolen, or destroyed; (B) the lawful prospective immigrant’s absences from the United States do not exceed 180 days, in the aggregate, in any calendar year, unless— (i) the lawful prospective immigrant’s absences were authorized by the Secretary; or (ii) the lawful prospective immigrant’s failure to timely return was due to circumstances beyond the noncitizen’s control; (C) the lawful prospective immigrant meets the requirements for an extension as described in subsection (c)(2); and (D) the lawful prospective immigrant establishes that the lawful prospective immigrant is not inadmissible under subparagraph (A)(i), (A)(iii), (B), or (C) of section 212(a)(3). (5) Assignment of Social Security number \n(A) In general \nThe Commissioner of Social Security (referred to in this paragraph as the Commissioner ), in coordination with the Secretary, shall implement a system to allow for the assignment of a Social Security number and the issuance of a Social Security card to each lawful prospective immigrant. (B) Information sharing \n(i) In general \nThe Secretary shall provide the Commissioner with information from the applications submitted by noncitizens granted lawful prospective immigrant status under this section and such other information as the Commissioner considers necessary to assign a Social Security account number to such noncitizens. (ii) Use of information \nThe Commissioner may use information received from the Secretary under this subparagraph— (I) to assign Social Security account numbers to lawful prospective immigrants; and (II) to administer the programs of the Social Security Administration. (iii) Limitation \nThe Commissioner may maintain, use, and disclose such information only as permitted under section 552a of title 5, United States Code (commonly known as the Privacy Act of 1974), and other applicable Federal law.. (b) Enlistment in the Armed Forces \nSection 504(b)(1) of title 10, United States Code, is amended by adding at the end the following: (D) A noncitizen who has been granted lawful prospective immigrant status under section 245B of the Immigration and Nationality Act.. (c) Technical and conforming amendments \n(1) Table of contents \nThe table of contents for the Immigration and Nationality Act ( 8 U.S.C. 1101 et seq. ) is amended by inserting after the item relating to section 245A the following: Sec. 245B. Adjustment of status of eligible entrants to that of lawful prospective immigrant.. (2) Definition of lawful prospective immigrant \nSection 101(a) of the Immigration and Nationality Act ( 8 U.S.C. 1101(a) ), as amended by section 3, is further amended by adding at the end the following: (54) Lawful prospective immigrant \nThe term lawful prospective immigrant means a noncitizen granted lawful prospective immigrant status under section 245B..", "id": "H0E723D80D0BE482BB0E079A695F98F4A", "header": "Lawful prospective immigrant status", "nested": [ { "text": "(a) In general \nChapter 5 of title II of the Immigration and Nationality Act ( 8 U.S.C. 1255 et seq. ) is amended by inserting after section 245A the following: 245B. Adjustment of status of eligible entrants to that of lawful prospective immigrant \n(a) Requirements \nNotwithstanding any other provision of law, the Secretary may grant lawful prospective immigrant status to a noncitizen who— (1) satisfies the eligibility requirements set forth in section 245G(b), including all criminal and national security background checks and the payment of all applicable fees; and (2) submits an application pursuant to the procedures under section 245G(b)(1). (b) Spouses and children \nThe requirement in paragraph (2) subsection (a) shall not apply to a noncitizen who is the spouse or child of a noncitizen who satisfies all requirements of that subsection. (c) Duration of status and extension \nThe initial period of authorized admission for a lawful prospective immigrant— (1) shall remain valid for 6 years, unless revoked pursuant to subsection 245G(g)(4); and (2) may be extended for additional 6-year terms if— (A) the noncitizen remains eligible for lawful prospective immigrant status; (B) the noncitizen has successfully passed the background checks described in section 245G(d)(3); and (C) such status was not revoked by the Secretary. (d) Evidence of lawful prospective immigrant status \n(1) In general \nThe Secretary shall issue documentary evidence of lawful prospective immigrant status to each noncitizen, including the principal applicant and any spouse or child included in the application, whose application for such status has been approved. (2) Documentation features \nDocumentary evidence issued under paragraph (1) shall— (A) comply with the requirements of section 245G(g)(3)(C); and (B) specify a period of validity of 6 years beginning on the date of issuance. (e) Terms and conditions of lawful prospective immigrant status \n(1) In general \nA noncitizen granted lawful prospective immigrant status under this section shall be considered lawfully present in the United States for all purposes while such noncitizen remains in such status, except that the noncitizen— (A) is not entitled to the premium assistance tax credit authorized under section 36B of the Internal Revenue Code of 1986 for his or her health insurance coverage; (B) shall be subject to the rules applicable to individuals not lawfully present that are set forth in subsection (e) of that section; (C) shall be subject to the rules applicable to individuals not lawfully present that are set forth in section 1402(e) of the Patient Protection and Affordable Care Act ( 42 U.S.C. 18071 ); and (D) shall be subject to the rules applicable to individuals not lawfully present set forth in section 5000A(d)(3) of the Internal Revenue Code of 1986. (2) Eligibility for coverage under a qualified health plan \nNotwithstanding section 1312(f)(3) of the Patient Protection and Affordable Care Act ( 42 U.S.C. 18032(f)(3) ), a lawful prospective immigrant shall be treated as a qualified individual under section 1312 of that Act if the lawful prospective immigrant meets the requirements under subsection (f)(1) of that section. (3) Employment \nNotwithstanding any other provision of law, including section 241(a)(7), a lawful prospective immigrant shall be authorized to be employed in the United States while in such status. (4) Travel outside the United States \nA lawful prospective immigrant may travel outside of the United States and may be admitted, if otherwise admissible, upon returning to the United States without having to obtain a visa if— (A) the lawful prospective immigrant is in possession of— (i) valid, unexpired documentary evidence of lawful prospective immigrant status; or (ii) a travel document, duly approved by the Secretary, that was issued to the lawful prospective immigrant after the lawful prospective immigrant’s original documentary evidence was lost, stolen, or destroyed; (B) the lawful prospective immigrant’s absences from the United States do not exceed 180 days, in the aggregate, in any calendar year, unless— (i) the lawful prospective immigrant’s absences were authorized by the Secretary; or (ii) the lawful prospective immigrant’s failure to timely return was due to circumstances beyond the noncitizen’s control; (C) the lawful prospective immigrant meets the requirements for an extension as described in subsection (c)(2); and (D) the lawful prospective immigrant establishes that the lawful prospective immigrant is not inadmissible under subparagraph (A)(i), (A)(iii), (B), or (C) of section 212(a)(3). (5) Assignment of Social Security number \n(A) In general \nThe Commissioner of Social Security (referred to in this paragraph as the Commissioner ), in coordination with the Secretary, shall implement a system to allow for the assignment of a Social Security number and the issuance of a Social Security card to each lawful prospective immigrant. (B) Information sharing \n(i) In general \nThe Secretary shall provide the Commissioner with information from the applications submitted by noncitizens granted lawful prospective immigrant status under this section and such other information as the Commissioner considers necessary to assign a Social Security account number to such noncitizens. (ii) Use of information \nThe Commissioner may use information received from the Secretary under this subparagraph— (I) to assign Social Security account numbers to lawful prospective immigrants; and (II) to administer the programs of the Social Security Administration. (iii) Limitation \nThe Commissioner may maintain, use, and disclose such information only as permitted under section 552a of title 5, United States Code (commonly known as the Privacy Act of 1974), and other applicable Federal law..", "id": "H805FDF22065A4A489C0B365DD93C3100", "header": "In general", "nested": [], "links": [ { "text": "8 U.S.C. 1255 et seq.", "legal-doc": "usc", "parsable-cite": "usc/8/1255" }, { "text": "section 36B", "legal-doc": "usc", "parsable-cite": "usc/26/36B" }, { "text": "42 U.S.C. 18071", "legal-doc": "usc", "parsable-cite": "usc/42/18071" }, { "text": "section 5000A(d)(3)", "legal-doc": "usc", "parsable-cite": "usc/26/5000A" }, { "text": "42 U.S.C. 18032(f)(3)", "legal-doc": "usc", "parsable-cite": "usc/42/18032" } ] }, { "text": "(b) Enlistment in the Armed Forces \nSection 504(b)(1) of title 10, United States Code, is amended by adding at the end the following: (D) A noncitizen who has been granted lawful prospective immigrant status under section 245B of the Immigration and Nationality Act..", "id": "H234D9030642B4E889419DB17096D95E5", "header": "Enlistment in the Armed Forces", "nested": [], "links": [] }, { "text": "(c) Technical and conforming amendments \n(1) Table of contents \nThe table of contents for the Immigration and Nationality Act ( 8 U.S.C. 1101 et seq. ) is amended by inserting after the item relating to section 245A the following: Sec. 245B. Adjustment of status of eligible entrants to that of lawful prospective immigrant.. (2) Definition of lawful prospective immigrant \nSection 101(a) of the Immigration and Nationality Act ( 8 U.S.C. 1101(a) ), as amended by section 3, is further amended by adding at the end the following: (54) Lawful prospective immigrant \nThe term lawful prospective immigrant means a noncitizen granted lawful prospective immigrant status under section 245B..", "id": "HDC736C531D8F4B75BE9C398E0DD49501", "header": "Technical and conforming amendments", "nested": [], "links": [ { "text": "8 U.S.C. 1101 et seq.", "legal-doc": "usc", "parsable-cite": "usc/8/1101" }, { "text": "8 U.S.C. 1101(a)", "legal-doc": "usc", "parsable-cite": "usc/8/1101" } ] } ], "links": [ { "text": "8 U.S.C. 1255 et seq.", "legal-doc": "usc", "parsable-cite": "usc/8/1255" }, { "text": "section 36B", "legal-doc": "usc", "parsable-cite": "usc/26/36B" }, { "text": "42 U.S.C. 18071", "legal-doc": "usc", "parsable-cite": "usc/42/18071" }, { "text": "section 5000A(d)(3)", "legal-doc": "usc", "parsable-cite": "usc/26/5000A" }, { "text": "42 U.S.C. 18032(f)(3)", "legal-doc": "usc", "parsable-cite": "usc/42/18032" }, { "text": "8 U.S.C. 1101 et seq.", "legal-doc": "usc", "parsable-cite": "usc/8/1101" }, { "text": "8 U.S.C. 1101(a)", "legal-doc": "usc", "parsable-cite": "usc/8/1101" } ] }, { "text": "245B. Adjustment of status of eligible entrants to that of lawful prospective immigrant \n(a) Requirements \nNotwithstanding any other provision of law, the Secretary may grant lawful prospective immigrant status to a noncitizen who— (1) satisfies the eligibility requirements set forth in section 245G(b), including all criminal and national security background checks and the payment of all applicable fees; and (2) submits an application pursuant to the procedures under section 245G(b)(1). (b) Spouses and children \nThe requirement in paragraph (2) subsection (a) shall not apply to a noncitizen who is the spouse or child of a noncitizen who satisfies all requirements of that subsection. (c) Duration of status and extension \nThe initial period of authorized admission for a lawful prospective immigrant— (1) shall remain valid for 6 years, unless revoked pursuant to subsection 245G(g)(4); and (2) may be extended for additional 6-year terms if— (A) the noncitizen remains eligible for lawful prospective immigrant status; (B) the noncitizen has successfully passed the background checks described in section 245G(d)(3); and (C) such status was not revoked by the Secretary. (d) Evidence of lawful prospective immigrant status \n(1) In general \nThe Secretary shall issue documentary evidence of lawful prospective immigrant status to each noncitizen, including the principal applicant and any spouse or child included in the application, whose application for such status has been approved. (2) Documentation features \nDocumentary evidence issued under paragraph (1) shall— (A) comply with the requirements of section 245G(g)(3)(C); and (B) specify a period of validity of 6 years beginning on the date of issuance. (e) Terms and conditions of lawful prospective immigrant status \n(1) In general \nA noncitizen granted lawful prospective immigrant status under this section shall be considered lawfully present in the United States for all purposes while such noncitizen remains in such status, except that the noncitizen— (A) is not entitled to the premium assistance tax credit authorized under section 36B of the Internal Revenue Code of 1986 for his or her health insurance coverage; (B) shall be subject to the rules applicable to individuals not lawfully present that are set forth in subsection (e) of that section; (C) shall be subject to the rules applicable to individuals not lawfully present that are set forth in section 1402(e) of the Patient Protection and Affordable Care Act ( 42 U.S.C. 18071 ); and (D) shall be subject to the rules applicable to individuals not lawfully present set forth in section 5000A(d)(3) of the Internal Revenue Code of 1986. (2) Eligibility for coverage under a qualified health plan \nNotwithstanding section 1312(f)(3) of the Patient Protection and Affordable Care Act ( 42 U.S.C. 18032(f)(3) ), a lawful prospective immigrant shall be treated as a qualified individual under section 1312 of that Act if the lawful prospective immigrant meets the requirements under subsection (f)(1) of that section. (3) Employment \nNotwithstanding any other provision of law, including section 241(a)(7), a lawful prospective immigrant shall be authorized to be employed in the United States while in such status. (4) Travel outside the United States \nA lawful prospective immigrant may travel outside of the United States and may be admitted, if otherwise admissible, upon returning to the United States without having to obtain a visa if— (A) the lawful prospective immigrant is in possession of— (i) valid, unexpired documentary evidence of lawful prospective immigrant status; or (ii) a travel document, duly approved by the Secretary, that was issued to the lawful prospective immigrant after the lawful prospective immigrant’s original documentary evidence was lost, stolen, or destroyed; (B) the lawful prospective immigrant’s absences from the United States do not exceed 180 days, in the aggregate, in any calendar year, unless— (i) the lawful prospective immigrant’s absences were authorized by the Secretary; or (ii) the lawful prospective immigrant’s failure to timely return was due to circumstances beyond the noncitizen’s control; (C) the lawful prospective immigrant meets the requirements for an extension as described in subsection (c)(2); and (D) the lawful prospective immigrant establishes that the lawful prospective immigrant is not inadmissible under subparagraph (A)(i), (A)(iii), (B), or (C) of section 212(a)(3). (5) Assignment of Social Security number \n(A) In general \nThe Commissioner of Social Security (referred to in this paragraph as the Commissioner ), in coordination with the Secretary, shall implement a system to allow for the assignment of a Social Security number and the issuance of a Social Security card to each lawful prospective immigrant. (B) Information sharing \n(i) In general \nThe Secretary shall provide the Commissioner with information from the applications submitted by noncitizens granted lawful prospective immigrant status under this section and such other information as the Commissioner considers necessary to assign a Social Security account number to such noncitizens. (ii) Use of information \nThe Commissioner may use information received from the Secretary under this subparagraph— (I) to assign Social Security account numbers to lawful prospective immigrants; and (II) to administer the programs of the Social Security Administration. (iii) Limitation \nThe Commissioner may maintain, use, and disclose such information only as permitted under section 552a of title 5, United States Code (commonly known as the Privacy Act of 1974), and other applicable Federal law.", "id": "HAE767FA0846044539DAF5EBFE99AC417", "header": "Adjustment of status of eligible entrants to that of lawful prospective immigrant", "nested": [ { "text": "(a) Requirements \nNotwithstanding any other provision of law, the Secretary may grant lawful prospective immigrant status to a noncitizen who— (1) satisfies the eligibility requirements set forth in section 245G(b), including all criminal and national security background checks and the payment of all applicable fees; and (2) submits an application pursuant to the procedures under section 245G(b)(1).", "id": "H6A24838C55334948BEAC5778974FE99C", "header": "Requirements", "nested": [], "links": [] }, { "text": "(b) Spouses and children \nThe requirement in paragraph (2) subsection (a) shall not apply to a noncitizen who is the spouse or child of a noncitizen who satisfies all requirements of that subsection.", "id": "H2F05058B49AC4214AE2BDF66FFDF640C", "header": "Spouses and children", "nested": [], "links": [] }, { "text": "(c) Duration of status and extension \nThe initial period of authorized admission for a lawful prospective immigrant— (1) shall remain valid for 6 years, unless revoked pursuant to subsection 245G(g)(4); and (2) may be extended for additional 6-year terms if— (A) the noncitizen remains eligible for lawful prospective immigrant status; (B) the noncitizen has successfully passed the background checks described in section 245G(d)(3); and (C) such status was not revoked by the Secretary.", "id": "H4E9B47A0E14C4B50AAF62601014F88EC", "header": "Duration of status and extension", "nested": [], "links": [] }, { "text": "(d) Evidence of lawful prospective immigrant status \n(1) In general \nThe Secretary shall issue documentary evidence of lawful prospective immigrant status to each noncitizen, including the principal applicant and any spouse or child included in the application, whose application for such status has been approved. (2) Documentation features \nDocumentary evidence issued under paragraph (1) shall— (A) comply with the requirements of section 245G(g)(3)(C); and (B) specify a period of validity of 6 years beginning on the date of issuance.", "id": "H2FC1EF57F12647F6B17F32191277DBA8", "header": "Evidence of lawful prospective immigrant status", "nested": [], "links": [] }, { "text": "(e) Terms and conditions of lawful prospective immigrant status \n(1) In general \nA noncitizen granted lawful prospective immigrant status under this section shall be considered lawfully present in the United States for all purposes while such noncitizen remains in such status, except that the noncitizen— (A) is not entitled to the premium assistance tax credit authorized under section 36B of the Internal Revenue Code of 1986 for his or her health insurance coverage; (B) shall be subject to the rules applicable to individuals not lawfully present that are set forth in subsection (e) of that section; (C) shall be subject to the rules applicable to individuals not lawfully present that are set forth in section 1402(e) of the Patient Protection and Affordable Care Act ( 42 U.S.C. 18071 ); and (D) shall be subject to the rules applicable to individuals not lawfully present set forth in section 5000A(d)(3) of the Internal Revenue Code of 1986. (2) Eligibility for coverage under a qualified health plan \nNotwithstanding section 1312(f)(3) of the Patient Protection and Affordable Care Act ( 42 U.S.C. 18032(f)(3) ), a lawful prospective immigrant shall be treated as a qualified individual under section 1312 of that Act if the lawful prospective immigrant meets the requirements under subsection (f)(1) of that section. (3) Employment \nNotwithstanding any other provision of law, including section 241(a)(7), a lawful prospective immigrant shall be authorized to be employed in the United States while in such status. (4) Travel outside the United States \nA lawful prospective immigrant may travel outside of the United States and may be admitted, if otherwise admissible, upon returning to the United States without having to obtain a visa if— (A) the lawful prospective immigrant is in possession of— (i) valid, unexpired documentary evidence of lawful prospective immigrant status; or (ii) a travel document, duly approved by the Secretary, that was issued to the lawful prospective immigrant after the lawful prospective immigrant’s original documentary evidence was lost, stolen, or destroyed; (B) the lawful prospective immigrant’s absences from the United States do not exceed 180 days, in the aggregate, in any calendar year, unless— (i) the lawful prospective immigrant’s absences were authorized by the Secretary; or (ii) the lawful prospective immigrant’s failure to timely return was due to circumstances beyond the noncitizen’s control; (C) the lawful prospective immigrant meets the requirements for an extension as described in subsection (c)(2); and (D) the lawful prospective immigrant establishes that the lawful prospective immigrant is not inadmissible under subparagraph (A)(i), (A)(iii), (B), or (C) of section 212(a)(3). (5) Assignment of Social Security number \n(A) In general \nThe Commissioner of Social Security (referred to in this paragraph as the Commissioner ), in coordination with the Secretary, shall implement a system to allow for the assignment of a Social Security number and the issuance of a Social Security card to each lawful prospective immigrant. (B) Information sharing \n(i) In general \nThe Secretary shall provide the Commissioner with information from the applications submitted by noncitizens granted lawful prospective immigrant status under this section and such other information as the Commissioner considers necessary to assign a Social Security account number to such noncitizens. (ii) Use of information \nThe Commissioner may use information received from the Secretary under this subparagraph— (I) to assign Social Security account numbers to lawful prospective immigrants; and (II) to administer the programs of the Social Security Administration. (iii) Limitation \nThe Commissioner may maintain, use, and disclose such information only as permitted under section 552a of title 5, United States Code (commonly known as the Privacy Act of 1974), and other applicable Federal law.", "id": "HD19F321841C44416AD66554103264BE8", "header": "Terms and conditions of lawful prospective immigrant status", "nested": [], "links": [ { "text": "section 36B", "legal-doc": "usc", "parsable-cite": "usc/26/36B" }, { "text": "42 U.S.C. 18071", "legal-doc": "usc", "parsable-cite": "usc/42/18071" }, { "text": "section 5000A(d)(3)", "legal-doc": "usc", "parsable-cite": "usc/26/5000A" }, { "text": "42 U.S.C. 18032(f)(3)", "legal-doc": "usc", "parsable-cite": "usc/42/18032" } ] } ], "links": [ { "text": "section 36B", "legal-doc": "usc", "parsable-cite": "usc/26/36B" }, { "text": "42 U.S.C. 18071", "legal-doc": "usc", "parsable-cite": "usc/42/18071" }, { "text": "section 5000A(d)(3)", "legal-doc": "usc", "parsable-cite": "usc/26/5000A" }, { "text": "42 U.S.C. 18032(f)(3)", "legal-doc": "usc", "parsable-cite": "usc/42/18032" } ] }, { "text": "1102. Adjustment of status of lawful prospective immigrants \n(a) In general \nChapter 5 of title II of the Immigration and Nationality Act ( 8 U.S.C. 1255 et seq. ), as amended by section 1101, is further amended by inserting after section 245B the following: 245C. Adjustment of status of lawful prospective immigrants \n(a) Requirements \nNotwithstanding any other provision of law, the Secretary may adjust the status of a lawful prospective immigrant to that of a lawful permanent resident if the lawful prospective immigrant— (1) subject to subsection (b), satisfies the eligibility requirements set forth in section 245G(b), including all criminal and national security background checks and the payment of all applicable fees; (2) submits an application pursuant to the procedures under section 245G(b)(1); (3) has been a lawful prospective immigrant for not less than 5 years; (4) remains eligible for such status; (5) establishes, to the satisfaction of the Secretary, that the lawful prospective immigrant has not been continuously absent from the United States for more than 180 days in any calendar year during the period of admission as a lawful prospective immigrant, unless the lawful prospective immigrant’s absence was— (A) authorized by the Secretary; or (B) due to circumstances beyond the lawful prospective immigrant’s control; and (6) has satisfied any applicable Federal tax liability. (b) Previous waivers \nFor purposes of this section, any ground of inadmissibility under section 212(a) that was previously waived for a noncitizen, or made inapplicable under any section of this Act, shall not apply. (c) Demonstration of compliance \nAn applicant may demonstrate compliance with subsection (a)(6) by submitting appropriate documentation, in accordance with regulations promulgated by the Secretary, in consultation with the Secretary of the Treasury. (d) Applicable Federal tax liability defined \nIn this section, the term applicable Federal tax liability means all Federal income taxes assessed in accordance with section 6203 of the Internal Revenue Code of 1986.. (b) Technical and conforming amendments \n(1) Table of contents \nThe table of contents for the Immigration and Nationality Act ( 8 U.S.C. 1101 et seq. ), as amended by section 1101, is further amended by inserting after the item relating to section 245B the following: Sec. 245C. Adjustment of status of lawful prospective immigrants.. (2) Definition of lawful permanent resident \nSection 101(a) of the Immigration and Nationality Act ( 8 U.S.C. 1101(a) ), as amended by section 1101, is further amended by adding at the end the following: (55) Lawful permanent resident \nThe term lawful permanent resident means a noncitizen lawfully admitted for permanent residence..", "id": "H8A0FF5F44652436297628B28A0ECCB1C", "header": "Adjustment of status of lawful prospective immigrants", "nested": [ { "text": "(a) In general \nChapter 5 of title II of the Immigration and Nationality Act ( 8 U.S.C. 1255 et seq. ), as amended by section 1101, is further amended by inserting after section 245B the following: 245C. Adjustment of status of lawful prospective immigrants \n(a) Requirements \nNotwithstanding any other provision of law, the Secretary may adjust the status of a lawful prospective immigrant to that of a lawful permanent resident if the lawful prospective immigrant— (1) subject to subsection (b), satisfies the eligibility requirements set forth in section 245G(b), including all criminal and national security background checks and the payment of all applicable fees; (2) submits an application pursuant to the procedures under section 245G(b)(1); (3) has been a lawful prospective immigrant for not less than 5 years; (4) remains eligible for such status; (5) establishes, to the satisfaction of the Secretary, that the lawful prospective immigrant has not been continuously absent from the United States for more than 180 days in any calendar year during the period of admission as a lawful prospective immigrant, unless the lawful prospective immigrant’s absence was— (A) authorized by the Secretary; or (B) due to circumstances beyond the lawful prospective immigrant’s control; and (6) has satisfied any applicable Federal tax liability. (b) Previous waivers \nFor purposes of this section, any ground of inadmissibility under section 212(a) that was previously waived for a noncitizen, or made inapplicable under any section of this Act, shall not apply. (c) Demonstration of compliance \nAn applicant may demonstrate compliance with subsection (a)(6) by submitting appropriate documentation, in accordance with regulations promulgated by the Secretary, in consultation with the Secretary of the Treasury. (d) Applicable Federal tax liability defined \nIn this section, the term applicable Federal tax liability means all Federal income taxes assessed in accordance with section 6203 of the Internal Revenue Code of 1986..", "id": "HF1B88BF95804464382CE29821AE4A67B", "header": "In general", "nested": [], "links": [ { "text": "8 U.S.C. 1255 et seq.", "legal-doc": "usc", "parsable-cite": "usc/8/1255" }, { "text": "section 6203", "legal-doc": "usc", "parsable-cite": "usc/26/6203" } ] }, { "text": "(b) Technical and conforming amendments \n(1) Table of contents \nThe table of contents for the Immigration and Nationality Act ( 8 U.S.C. 1101 et seq. ), as amended by section 1101, is further amended by inserting after the item relating to section 245B the following: Sec. 245C. Adjustment of status of lawful prospective immigrants.. (2) Definition of lawful permanent resident \nSection 101(a) of the Immigration and Nationality Act ( 8 U.S.C. 1101(a) ), as amended by section 1101, is further amended by adding at the end the following: (55) Lawful permanent resident \nThe term lawful permanent resident means a noncitizen lawfully admitted for permanent residence..", "id": "H32D158C1FB824222BDF75217DE453D91", "header": "Technical and conforming amendments", "nested": [], "links": [ { "text": "8 U.S.C. 1101 et seq.", "legal-doc": "usc", "parsable-cite": "usc/8/1101" }, { "text": "8 U.S.C. 1101(a)", "legal-doc": "usc", "parsable-cite": "usc/8/1101" } ] } ], "links": [ { "text": "8 U.S.C. 1255 et seq.", "legal-doc": "usc", "parsable-cite": "usc/8/1255" }, { "text": "section 6203", "legal-doc": "usc", "parsable-cite": "usc/26/6203" }, { "text": "8 U.S.C. 1101 et seq.", "legal-doc": "usc", "parsable-cite": "usc/8/1101" }, { "text": "8 U.S.C. 1101(a)", "legal-doc": "usc", "parsable-cite": "usc/8/1101" } ] }, { "text": "245C. Adjustment of status of lawful prospective immigrants \n(a) Requirements \nNotwithstanding any other provision of law, the Secretary may adjust the status of a lawful prospective immigrant to that of a lawful permanent resident if the lawful prospective immigrant— (1) subject to subsection (b), satisfies the eligibility requirements set forth in section 245G(b), including all criminal and national security background checks and the payment of all applicable fees; (2) submits an application pursuant to the procedures under section 245G(b)(1); (3) has been a lawful prospective immigrant for not less than 5 years; (4) remains eligible for such status; (5) establishes, to the satisfaction of the Secretary, that the lawful prospective immigrant has not been continuously absent from the United States for more than 180 days in any calendar year during the period of admission as a lawful prospective immigrant, unless the lawful prospective immigrant’s absence was— (A) authorized by the Secretary; or (B) due to circumstances beyond the lawful prospective immigrant’s control; and (6) has satisfied any applicable Federal tax liability. (b) Previous waivers \nFor purposes of this section, any ground of inadmissibility under section 212(a) that was previously waived for a noncitizen, or made inapplicable under any section of this Act, shall not apply. (c) Demonstration of compliance \nAn applicant may demonstrate compliance with subsection (a)(6) by submitting appropriate documentation, in accordance with regulations promulgated by the Secretary, in consultation with the Secretary of the Treasury. (d) Applicable Federal tax liability defined \nIn this section, the term applicable Federal tax liability means all Federal income taxes assessed in accordance with section 6203 of the Internal Revenue Code of 1986.", "id": "H42F58F52885047E8A7B0C2A214599276", "header": "Adjustment of status of lawful prospective immigrants", "nested": [ { "text": "(a) Requirements \nNotwithstanding any other provision of law, the Secretary may adjust the status of a lawful prospective immigrant to that of a lawful permanent resident if the lawful prospective immigrant— (1) subject to subsection (b), satisfies the eligibility requirements set forth in section 245G(b), including all criminal and national security background checks and the payment of all applicable fees; (2) submits an application pursuant to the procedures under section 245G(b)(1); (3) has been a lawful prospective immigrant for not less than 5 years; (4) remains eligible for such status; (5) establishes, to the satisfaction of the Secretary, that the lawful prospective immigrant has not been continuously absent from the United States for more than 180 days in any calendar year during the period of admission as a lawful prospective immigrant, unless the lawful prospective immigrant’s absence was— (A) authorized by the Secretary; or (B) due to circumstances beyond the lawful prospective immigrant’s control; and (6) has satisfied any applicable Federal tax liability.", "id": "HD4F5F4C797474EEE81447F4FFDF596FD", "header": "Requirements", "nested": [], "links": [] }, { "text": "(b) Previous waivers \nFor purposes of this section, any ground of inadmissibility under section 212(a) that was previously waived for a noncitizen, or made inapplicable under any section of this Act, shall not apply.", "id": "H36049A1ADC2040639B1F0060040EDA57", "header": "Previous waivers", "nested": [], "links": [] }, { "text": "(c) Demonstration of compliance \nAn applicant may demonstrate compliance with subsection (a)(6) by submitting appropriate documentation, in accordance with regulations promulgated by the Secretary, in consultation with the Secretary of the Treasury.", "id": "H64DDD0E610BA4FBDB0C8ECBE7DB510F9", "header": "Demonstration of compliance", "nested": [], "links": [] }, { "text": "(d) Applicable Federal tax liability defined \nIn this section, the term applicable Federal tax liability means all Federal income taxes assessed in accordance with section 6203 of the Internal Revenue Code of 1986.", "id": "HF8DAB0A27C674B61BB90F9F649FD865A", "header": "Applicable Federal tax liability defined", "nested": [], "links": [ { "text": "section 6203", "legal-doc": "usc", "parsable-cite": "usc/26/6203" } ] } ], "links": [ { "text": "section 6203", "legal-doc": "usc", "parsable-cite": "usc/26/6203" } ] }, { "text": "1103. The Dream Act \n(a) In general \nChapter 5 of title II of the Immigration and Nationality Act ( 8 U.S.C. 1255 et seq. ), as amended by section 1102, is further amended by inserting after section 245C the following: 245D. Adjustment of status for certain noncitizens who entered the United States as children \n(a) Requirements \nNotwithstanding any other provision of law, the Secretary may grant lawful permanent resident status to a noncitizen if the noncitizen— (1) satisfies the eligibility requirements set forth in section 245G(b), including all criminal and national security background checks and the payment of all applicable fees; (2) submits an application pursuant to the procedures under section 245G(b)(1); (3) was younger than 18 years of age on the date on which the noncitizen initially entered the United States; (4) has earned a high school diploma, a commensurate alternative award from a public or private high school or secondary school, a general education development certificate recognized under State law, or a high school equivalency diploma in the United States; (5) (A) has obtained a degree from an institution of higher education, or has completed at least 2 years, in good standing, of a program in the United States leading to a bachelor’s degree or higher degree or a recognized postsecondary credential from an area career and technical education school providing education at the postsecondary level; (B) has served in the uniformed services for not less than 2 years and, if discharged, received an honorable discharge; or (C) demonstrates earned income for periods totaling not less than 3 years and not less than 75 percent of the time that the noncitizen has had valid employment authorization, except that, in the case of a noncitizen who was enrolled in an institution of higher education or an area career and technical education school to obtain a recognized postsecondary credential, the Secretary shall reduce such total 3-year requirement by the total of such periods of enrollment; and (6) establishes that the noncitizen has registered under the Military Selective Service Act ( 50 U.S.C. 3801 et seq. ), if the noncitizen is subject to registration under that Act. (b) Waiver \nThe Secretary may waive the requirement under subsection (a)(5) if the noncitizen demonstrates compelling circumstances for the noncitizen's inability to satisfy such requirement. (c) Spouses and children \nThe requirements in paragraphs (2) through (6) of subsection (a) shall not apply to a noncitizen who is the spouse or child of a noncitizen who satisfies all requirements of that subsection. (d) Special procedure for applicants with DACA \nThe Secretary shall establish a streamlined procedure for noncitizens who— (1) have been granted Deferred Action for Childhood Arrivals pursuant to the memorandum of the Department of Homeland Security entitled Exercising Prosecutorial Discretion with Respect to Individuals Who Came to the United States as Children issued on June 15, 2012 (referred to in this section as DACA ); and (2) meet the requirements for renewal of DACA to apply for adjustment of status to that of a lawful permanent resident. (e) Treatment of individuals granted DACA and individuals who adjust status under this section \n(1) Pre-existing condition insurance plan program \nThe interim final rule of the Department of Health and Human Services entitled Pre-Existing Condition Insurance Plan Program (77 Fed. Reg. 52614 (August 30, 2012)) shall have no force or effect. (2) Applicable definition of lawfully present \nIn determining whether an individual is lawfully present for purposes of determining whether the individual is lawfully residing in the United States under section 1903(v)(4) of the Social Security Act ( 42 U.S.C. 1396b(v)(4) ), the definition of lawfully present under section 152.2 of title 45, Code of Federal Regulations (or any successor regulation) shall be applied. (3) Inapplicability of limitation on Federal means-tested public benefits \n(A) In general \nNotwithstanding any other provision of law, except as provided in subparagraph (B), with respect to eligibility for any benefit under title XIX or XXI of the Social Security Act ( 42 U.S.C. 1396 et seq. or 1397aa et seq.), the limitation under section 403(a) of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 ( 8 U.S.C. 1613(a) ) shall not apply to an individual who adjusts status under this section. (B) Exception \nThe limitation described in subparagraph (A) shall apply to an individual who was eligible to adjust status only by virtue of subsection (c). (f) Institution of higher education defined \nIn this section, the term institution of higher education has the meaning given such term in section 102 of the Higher Education Act of 1965 ( 20 U.S.C. 1002 ), except that the term does not include institutions described in subsection (a)(1)(C) of such section.. (b) Compensation for officers or employees of the United States \nSection 704 of title VII of division E of the Consolidated Appropriations Act, 2018 ( Public Law 115–141 ; 132 Stat. 588) is amended— (1) in paragraph (3), by striking ; or and inserting a semicolon; and (2) in paragraph (4), by inserting ; or (5) is a person who is employed by the House of Representatives or the Senate, and has been issued an employment authorization document under DACA after United States. (c) Restoration of State option To determine residency for purposes of higher education \n(1) Repeal \nSection 505 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 ( 8 U.S.C. 1623 ) is repealed. (2) Effective date \nThe repeal under paragraph (1) shall take effect as if included in the original enactment of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (division C of Public Law 104–208 ). (d) Federal Housing Administration insurance of mortgages \nSection 203 of the National Housing Act ( 12 U.S.C. 1709 ) is amended by inserting after subsection (h) the following: (i) DACA recipient eligibility \n(1) DACA recipient defined \nIn this subsection, the term DACA recipient means a noncitizen who, at any time before, on, or after the date of enactment of this subsection, is or was subject to a grant of deferred action pursuant to the Department of Homeland Security memorandum entitled Exercising Prosecutorial Discretion with Respect to Individuals Who Came to the United States as Children issued on June 15, 2012. (2) Prohibition \nThe Secretary may not— (A) prescribe terms that limit the eligibility of a single family mortgage for insurance under this title because of the status of the mortgagor as a DACA recipient; or (B) issue any limited denial of participation in the program for such insurance because of the status of the mortgagor as a DACA recipient. (3) Exemption \n(A) Denial for failure to satisfy valid eligibility requirements \nNothing in this title prohibits the denial of insurance based on failure to satisfy valid eligibility requirements. (B) Invalid eligibility requirements \nValid eligibility requirements do not include criteria that were adopted with the purpose of denying eligibility for insurance because of race, color, religion, sex, familial status, national origin, disability, or the status of a mortgagor as a DACA recipient.. (e) Rural Housing Service \nSection 501 of the Housing Act of 1949 ( 42 U.S.C. 1471 ) is amended by adding at the end the following: (k) DACA recipient eligibility \n(1) DACA recipient defined \nIn this subsection, the term DACA recipient means a noncitizen who, at any time before, on, or after the date of enactment of this subsection, is or was subject to a grant of deferred action pursuant to the Department of Homeland Security memorandum entitled Exercising Prosecutorial Discretion with Respect to Individuals Who Came to the United States as Children issued on June 15, 2012. (2) Prohibition \nThe Secretary may not prescribe terms that limit eligibility for a single family mortgage made, insured, or guaranteed under this title because of the status of the mortgagor as a DACA recipient.. (f) Fannie Mae \nSection 302(b) of the National Housing Act ( 12 U.S.C. 1717(b) ) is amended by adding at the end the following: (8) DACA recipient eligibility \n(A) DACA recipient defined \nIn this paragraph, the term DACA recipient means a noncitizen who, at any time before, on, or after the date of enactment of this paragraph, is or was subject to a grant of deferred action pursuant to the Department of Homeland Security memorandum entitled Exercising Prosecutorial Discretion with Respect to Individuals Who Came to the United States as Children issued on June 15, 2012. (B) Prohibition \nThe corporation may not condition purchase of a single-family residence mortgage by the corporation under this subsection on the status of the borrower as a DACA recipient.. (g) Freddie Mac \nSection 305(a) of the Federal Home Loan Mortgage Corporation Act ( 12 U.S.C. 1454(a) ) is amended by adding at the end the following: (6) DACA recipient eligibility \n(A) DACA recipient defined \nIn this paragraph, the term DACA recipient means a noncitizen who, at any time before, on, or after the date of enactment of this paragraph, is or was subject to a grant of deferred action pursuant to the Department of Homeland Security memorandum entitled Exercising Prosecutorial Discretion with Respect to Individuals Who Came to the United States as Children issued on June 15, 2012. (B) Prohibition \nThe Corporation may not condition purchase of a single-family residence mortgage by the Corporation under this subsection on the status of the borrower as a DACA recipient.. (h) Technical and conforming amendment \nThe table of contents for the Immigration and Nationality Act ( 8 U.S.C. 1101 et seq. ), as amended by section 1102, is further amended by inserting after the item relating to section 245C the following: Sec. 245D. Adjustment of status for certain noncitizens who entered the United States as children..", "id": "H1551D95511D6491C972BBCFAF15B3B43", "header": "The Dream Act", "nested": [ { "text": "(a) In general \nChapter 5 of title II of the Immigration and Nationality Act ( 8 U.S.C. 1255 et seq. ), as amended by section 1102, is further amended by inserting after section 245C the following: 245D. Adjustment of status for certain noncitizens who entered the United States as children \n(a) Requirements \nNotwithstanding any other provision of law, the Secretary may grant lawful permanent resident status to a noncitizen if the noncitizen— (1) satisfies the eligibility requirements set forth in section 245G(b), including all criminal and national security background checks and the payment of all applicable fees; (2) submits an application pursuant to the procedures under section 245G(b)(1); (3) was younger than 18 years of age on the date on which the noncitizen initially entered the United States; (4) has earned a high school diploma, a commensurate alternative award from a public or private high school or secondary school, a general education development certificate recognized under State law, or a high school equivalency diploma in the United States; (5) (A) has obtained a degree from an institution of higher education, or has completed at least 2 years, in good standing, of a program in the United States leading to a bachelor’s degree or higher degree or a recognized postsecondary credential from an area career and technical education school providing education at the postsecondary level; (B) has served in the uniformed services for not less than 2 years and, if discharged, received an honorable discharge; or (C) demonstrates earned income for periods totaling not less than 3 years and not less than 75 percent of the time that the noncitizen has had valid employment authorization, except that, in the case of a noncitizen who was enrolled in an institution of higher education or an area career and technical education school to obtain a recognized postsecondary credential, the Secretary shall reduce such total 3-year requirement by the total of such periods of enrollment; and (6) establishes that the noncitizen has registered under the Military Selective Service Act ( 50 U.S.C. 3801 et seq. ), if the noncitizen is subject to registration under that Act. (b) Waiver \nThe Secretary may waive the requirement under subsection (a)(5) if the noncitizen demonstrates compelling circumstances for the noncitizen's inability to satisfy such requirement. (c) Spouses and children \nThe requirements in paragraphs (2) through (6) of subsection (a) shall not apply to a noncitizen who is the spouse or child of a noncitizen who satisfies all requirements of that subsection. (d) Special procedure for applicants with DACA \nThe Secretary shall establish a streamlined procedure for noncitizens who— (1) have been granted Deferred Action for Childhood Arrivals pursuant to the memorandum of the Department of Homeland Security entitled Exercising Prosecutorial Discretion with Respect to Individuals Who Came to the United States as Children issued on June 15, 2012 (referred to in this section as DACA ); and (2) meet the requirements for renewal of DACA to apply for adjustment of status to that of a lawful permanent resident. (e) Treatment of individuals granted DACA and individuals who adjust status under this section \n(1) Pre-existing condition insurance plan program \nThe interim final rule of the Department of Health and Human Services entitled Pre-Existing Condition Insurance Plan Program (77 Fed. Reg. 52614 (August 30, 2012)) shall have no force or effect. (2) Applicable definition of lawfully present \nIn determining whether an individual is lawfully present for purposes of determining whether the individual is lawfully residing in the United States under section 1903(v)(4) of the Social Security Act ( 42 U.S.C. 1396b(v)(4) ), the definition of lawfully present under section 152.2 of title 45, Code of Federal Regulations (or any successor regulation) shall be applied. (3) Inapplicability of limitation on Federal means-tested public benefits \n(A) In general \nNotwithstanding any other provision of law, except as provided in subparagraph (B), with respect to eligibility for any benefit under title XIX or XXI of the Social Security Act ( 42 U.S.C. 1396 et seq. or 1397aa et seq.), the limitation under section 403(a) of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 ( 8 U.S.C. 1613(a) ) shall not apply to an individual who adjusts status under this section. (B) Exception \nThe limitation described in subparagraph (A) shall apply to an individual who was eligible to adjust status only by virtue of subsection (c). (f) Institution of higher education defined \nIn this section, the term institution of higher education has the meaning given such term in section 102 of the Higher Education Act of 1965 ( 20 U.S.C. 1002 ), except that the term does not include institutions described in subsection (a)(1)(C) of such section..", "id": "H1A313E1042134504B5CEEA3BBB56790A", "header": "In general", "nested": [], "links": [ { "text": "8 U.S.C. 1255 et seq.", "legal-doc": "usc", "parsable-cite": "usc/8/1255" }, { "text": "50 U.S.C. 3801 et seq.", "legal-doc": "usc", "parsable-cite": "usc/50/3801" }, { "text": "42 U.S.C. 1396b(v)(4)", "legal-doc": "usc", "parsable-cite": "usc/42/1396b" }, { "text": "42 U.S.C. 1396 et seq.", "legal-doc": "usc", "parsable-cite": "usc/42/1396" }, { "text": "8 U.S.C. 1613(a)", "legal-doc": "usc", "parsable-cite": "usc/8/1613" }, { "text": "20 U.S.C. 1002", "legal-doc": "usc", "parsable-cite": "usc/20/1002" } ] }, { "text": "(b) Compensation for officers or employees of the United States \nSection 704 of title VII of division E of the Consolidated Appropriations Act, 2018 ( Public Law 115–141 ; 132 Stat. 588) is amended— (1) in paragraph (3), by striking ; or and inserting a semicolon; and (2) in paragraph (4), by inserting ; or (5) is a person who is employed by the House of Representatives or the Senate, and has been issued an employment authorization document under DACA after United States.", "id": "HEB44AD58EA2242BE8FDB273AC46BF4B0", "header": "Compensation for officers or employees of the United States", "nested": [], "links": [ { "text": "Public Law 115–141", "legal-doc": "public-law", "parsable-cite": "pl/115/141" } ] }, { "text": "(c) Restoration of State option To determine residency for purposes of higher education \n(1) Repeal \nSection 505 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 ( 8 U.S.C. 1623 ) is repealed. (2) Effective date \nThe repeal under paragraph (1) shall take effect as if included in the original enactment of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (division C of Public Law 104–208 ).", "id": "HD830E2DA932B4EDB96A32174EB020344", "header": "Restoration of State option To determine residency for purposes of higher education", "nested": [], "links": [ { "text": "8 U.S.C. 1623", "legal-doc": "usc", "parsable-cite": "usc/8/1623" }, { "text": "Public Law 104–208", "legal-doc": "public-law", "parsable-cite": "pl/104/208" } ] }, { "text": "(d) Federal Housing Administration insurance of mortgages \nSection 203 of the National Housing Act ( 12 U.S.C. 1709 ) is amended by inserting after subsection (h) the following: (i) DACA recipient eligibility \n(1) DACA recipient defined \nIn this subsection, the term DACA recipient means a noncitizen who, at any time before, on, or after the date of enactment of this subsection, is or was subject to a grant of deferred action pursuant to the Department of Homeland Security memorandum entitled Exercising Prosecutorial Discretion with Respect to Individuals Who Came to the United States as Children issued on June 15, 2012. (2) Prohibition \nThe Secretary may not— (A) prescribe terms that limit the eligibility of a single family mortgage for insurance under this title because of the status of the mortgagor as a DACA recipient; or (B) issue any limited denial of participation in the program for such insurance because of the status of the mortgagor as a DACA recipient. (3) Exemption \n(A) Denial for failure to satisfy valid eligibility requirements \nNothing in this title prohibits the denial of insurance based on failure to satisfy valid eligibility requirements. (B) Invalid eligibility requirements \nValid eligibility requirements do not include criteria that were adopted with the purpose of denying eligibility for insurance because of race, color, religion, sex, familial status, national origin, disability, or the status of a mortgagor as a DACA recipient..", "id": "H9FBF42DC945D4E48A98E39DF76F58BE8", "header": "Federal Housing Administration insurance of mortgages", "nested": [], "links": [ { "text": "12 U.S.C. 1709", "legal-doc": "usc", "parsable-cite": "usc/12/1709" } ] }, { "text": "(e) Rural Housing Service \nSection 501 of the Housing Act of 1949 ( 42 U.S.C. 1471 ) is amended by adding at the end the following: (k) DACA recipient eligibility \n(1) DACA recipient defined \nIn this subsection, the term DACA recipient means a noncitizen who, at any time before, on, or after the date of enactment of this subsection, is or was subject to a grant of deferred action pursuant to the Department of Homeland Security memorandum entitled Exercising Prosecutorial Discretion with Respect to Individuals Who Came to the United States as Children issued on June 15, 2012. (2) Prohibition \nThe Secretary may not prescribe terms that limit eligibility for a single family mortgage made, insured, or guaranteed under this title because of the status of the mortgagor as a DACA recipient..", "id": "HBBC054F4977A404DA771E92753E2AC18", "header": "Rural Housing Service", "nested": [], "links": [ { "text": "42 U.S.C. 1471", "legal-doc": "usc", "parsable-cite": "usc/42/1471" } ] }, { "text": "(f) Fannie Mae \nSection 302(b) of the National Housing Act ( 12 U.S.C. 1717(b) ) is amended by adding at the end the following: (8) DACA recipient eligibility \n(A) DACA recipient defined \nIn this paragraph, the term DACA recipient means a noncitizen who, at any time before, on, or after the date of enactment of this paragraph, is or was subject to a grant of deferred action pursuant to the Department of Homeland Security memorandum entitled Exercising Prosecutorial Discretion with Respect to Individuals Who Came to the United States as Children issued on June 15, 2012. (B) Prohibition \nThe corporation may not condition purchase of a single-family residence mortgage by the corporation under this subsection on the status of the borrower as a DACA recipient..", "id": "HE31191CE063C43EEA26259C027454645", "header": "Fannie Mae", "nested": [], "links": [ { "text": "12 U.S.C. 1717(b)", "legal-doc": "usc", "parsable-cite": "usc/12/1717" } ] }, { "text": "(g) Freddie Mac \nSection 305(a) of the Federal Home Loan Mortgage Corporation Act ( 12 U.S.C. 1454(a) ) is amended by adding at the end the following: (6) DACA recipient eligibility \n(A) DACA recipient defined \nIn this paragraph, the term DACA recipient means a noncitizen who, at any time before, on, or after the date of enactment of this paragraph, is or was subject to a grant of deferred action pursuant to the Department of Homeland Security memorandum entitled Exercising Prosecutorial Discretion with Respect to Individuals Who Came to the United States as Children issued on June 15, 2012. (B) Prohibition \nThe Corporation may not condition purchase of a single-family residence mortgage by the Corporation under this subsection on the status of the borrower as a DACA recipient..", "id": "H70C6D2D1A733434BA7D2F24C5AA7F194", "header": "Freddie Mac", "nested": [], "links": [ { "text": "12 U.S.C. 1454(a)", "legal-doc": "usc", "parsable-cite": "usc/12/1454" } ] }, { "text": "(h) Technical and conforming amendment \nThe table of contents for the Immigration and Nationality Act ( 8 U.S.C. 1101 et seq. ), as amended by section 1102, is further amended by inserting after the item relating to section 245C the following: Sec. 245D. Adjustment of status for certain noncitizens who entered the United States as children..", "id": "HD7B3CA64E0164C6BAE7D50EDD011626F", "header": "Technical and conforming amendment", "nested": [], "links": [ { "text": "8 U.S.C. 1101 et seq.", "legal-doc": "usc", "parsable-cite": "usc/8/1101" } ] } ], "links": [ { "text": "8 U.S.C. 1255 et seq.", "legal-doc": "usc", "parsable-cite": "usc/8/1255" }, { "text": "50 U.S.C. 3801 et seq.", "legal-doc": "usc", "parsable-cite": "usc/50/3801" }, { "text": "42 U.S.C. 1396b(v)(4)", "legal-doc": "usc", "parsable-cite": "usc/42/1396b" }, { "text": "42 U.S.C. 1396 et seq.", "legal-doc": "usc", "parsable-cite": "usc/42/1396" }, { "text": "8 U.S.C. 1613(a)", "legal-doc": "usc", "parsable-cite": "usc/8/1613" }, { "text": "20 U.S.C. 1002", "legal-doc": "usc", "parsable-cite": "usc/20/1002" }, { "text": "Public Law 115–141", "legal-doc": "public-law", "parsable-cite": "pl/115/141" }, { "text": "8 U.S.C. 1623", "legal-doc": "usc", "parsable-cite": "usc/8/1623" }, { "text": "Public Law 104–208", "legal-doc": "public-law", "parsable-cite": "pl/104/208" }, { "text": "12 U.S.C. 1709", "legal-doc": "usc", "parsable-cite": "usc/12/1709" }, { "text": "42 U.S.C. 1471", "legal-doc": "usc", "parsable-cite": "usc/42/1471" }, { "text": "12 U.S.C. 1717(b)", "legal-doc": "usc", "parsable-cite": "usc/12/1717" }, { "text": "12 U.S.C. 1454(a)", "legal-doc": "usc", "parsable-cite": "usc/12/1454" }, { "text": "8 U.S.C. 1101 et seq.", "legal-doc": "usc", "parsable-cite": "usc/8/1101" } ] }, { "text": "245D. Adjustment of status for certain noncitizens who entered the United States as children \n(a) Requirements \nNotwithstanding any other provision of law, the Secretary may grant lawful permanent resident status to a noncitizen if the noncitizen— (1) satisfies the eligibility requirements set forth in section 245G(b), including all criminal and national security background checks and the payment of all applicable fees; (2) submits an application pursuant to the procedures under section 245G(b)(1); (3) was younger than 18 years of age on the date on which the noncitizen initially entered the United States; (4) has earned a high school diploma, a commensurate alternative award from a public or private high school or secondary school, a general education development certificate recognized under State law, or a high school equivalency diploma in the United States; (5) (A) has obtained a degree from an institution of higher education, or has completed at least 2 years, in good standing, of a program in the United States leading to a bachelor’s degree or higher degree or a recognized postsecondary credential from an area career and technical education school providing education at the postsecondary level; (B) has served in the uniformed services for not less than 2 years and, if discharged, received an honorable discharge; or (C) demonstrates earned income for periods totaling not less than 3 years and not less than 75 percent of the time that the noncitizen has had valid employment authorization, except that, in the case of a noncitizen who was enrolled in an institution of higher education or an area career and technical education school to obtain a recognized postsecondary credential, the Secretary shall reduce such total 3-year requirement by the total of such periods of enrollment; and (6) establishes that the noncitizen has registered under the Military Selective Service Act ( 50 U.S.C. 3801 et seq. ), if the noncitizen is subject to registration under that Act. (b) Waiver \nThe Secretary may waive the requirement under subsection (a)(5) if the noncitizen demonstrates compelling circumstances for the noncitizen's inability to satisfy such requirement. (c) Spouses and children \nThe requirements in paragraphs (2) through (6) of subsection (a) shall not apply to a noncitizen who is the spouse or child of a noncitizen who satisfies all requirements of that subsection. (d) Special procedure for applicants with DACA \nThe Secretary shall establish a streamlined procedure for noncitizens who— (1) have been granted Deferred Action for Childhood Arrivals pursuant to the memorandum of the Department of Homeland Security entitled Exercising Prosecutorial Discretion with Respect to Individuals Who Came to the United States as Children issued on June 15, 2012 (referred to in this section as DACA ); and (2) meet the requirements for renewal of DACA to apply for adjustment of status to that of a lawful permanent resident. (e) Treatment of individuals granted DACA and individuals who adjust status under this section \n(1) Pre-existing condition insurance plan program \nThe interim final rule of the Department of Health and Human Services entitled Pre-Existing Condition Insurance Plan Program (77 Fed. Reg. 52614 (August 30, 2012)) shall have no force or effect. (2) Applicable definition of lawfully present \nIn determining whether an individual is lawfully present for purposes of determining whether the individual is lawfully residing in the United States under section 1903(v)(4) of the Social Security Act ( 42 U.S.C. 1396b(v)(4) ), the definition of lawfully present under section 152.2 of title 45, Code of Federal Regulations (or any successor regulation) shall be applied. (3) Inapplicability of limitation on Federal means-tested public benefits \n(A) In general \nNotwithstanding any other provision of law, except as provided in subparagraph (B), with respect to eligibility for any benefit under title XIX or XXI of the Social Security Act ( 42 U.S.C. 1396 et seq. or 1397aa et seq.), the limitation under section 403(a) of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 ( 8 U.S.C. 1613(a) ) shall not apply to an individual who adjusts status under this section. (B) Exception \nThe limitation described in subparagraph (A) shall apply to an individual who was eligible to adjust status only by virtue of subsection (c). (f) Institution of higher education defined \nIn this section, the term institution of higher education has the meaning given such term in section 102 of the Higher Education Act of 1965 ( 20 U.S.C. 1002 ), except that the term does not include institutions described in subsection (a)(1)(C) of such section.", "id": "HA8486B025D34471B9DDA822480F30E49", "header": "Adjustment of status for certain noncitizens who entered the United States as children", "nested": [ { "text": "(a) Requirements \nNotwithstanding any other provision of law, the Secretary may grant lawful permanent resident status to a noncitizen if the noncitizen— (1) satisfies the eligibility requirements set forth in section 245G(b), including all criminal and national security background checks and the payment of all applicable fees; (2) submits an application pursuant to the procedures under section 245G(b)(1); (3) was younger than 18 years of age on the date on which the noncitizen initially entered the United States; (4) has earned a high school diploma, a commensurate alternative award from a public or private high school or secondary school, a general education development certificate recognized under State law, or a high school equivalency diploma in the United States; (5) (A) has obtained a degree from an institution of higher education, or has completed at least 2 years, in good standing, of a program in the United States leading to a bachelor’s degree or higher degree or a recognized postsecondary credential from an area career and technical education school providing education at the postsecondary level; (B) has served in the uniformed services for not less than 2 years and, if discharged, received an honorable discharge; or (C) demonstrates earned income for periods totaling not less than 3 years and not less than 75 percent of the time that the noncitizen has had valid employment authorization, except that, in the case of a noncitizen who was enrolled in an institution of higher education or an area career and technical education school to obtain a recognized postsecondary credential, the Secretary shall reduce such total 3-year requirement by the total of such periods of enrollment; and (6) establishes that the noncitizen has registered under the Military Selective Service Act ( 50 U.S.C. 3801 et seq. ), if the noncitizen is subject to registration under that Act.", "id": "H92C9D3756C85437E9547EC699AB65512", "header": "Requirements", "nested": [], "links": [ { "text": "50 U.S.C. 3801 et seq.", "legal-doc": "usc", "parsable-cite": "usc/50/3801" } ] }, { "text": "(b) Waiver \nThe Secretary may waive the requirement under subsection (a)(5) if the noncitizen demonstrates compelling circumstances for the noncitizen's inability to satisfy such requirement.", "id": "H7CA03163BA5D454AAC36DB0D07EACE6B", "header": "Waiver", "nested": [], "links": [] }, { "text": "(c) Spouses and children \nThe requirements in paragraphs (2) through (6) of subsection (a) shall not apply to a noncitizen who is the spouse or child of a noncitizen who satisfies all requirements of that subsection.", "id": "H8E04B863752A4A17857B964DE36A1443", "header": "Spouses and children", "nested": [], "links": [] }, { "text": "(d) Special procedure for applicants with DACA \nThe Secretary shall establish a streamlined procedure for noncitizens who— (1) have been granted Deferred Action for Childhood Arrivals pursuant to the memorandum of the Department of Homeland Security entitled Exercising Prosecutorial Discretion with Respect to Individuals Who Came to the United States as Children issued on June 15, 2012 (referred to in this section as DACA ); and (2) meet the requirements for renewal of DACA to apply for adjustment of status to that of a lawful permanent resident.", "id": "H2973479037DD4D68AE10F43280DF5E62", "header": "Special procedure for applicants with DACA", "nested": [], "links": [] }, { "text": "(e) Treatment of individuals granted DACA and individuals who adjust status under this section \n(1) Pre-existing condition insurance plan program \nThe interim final rule of the Department of Health and Human Services entitled Pre-Existing Condition Insurance Plan Program (77 Fed. Reg. 52614 (August 30, 2012)) shall have no force or effect. (2) Applicable definition of lawfully present \nIn determining whether an individual is lawfully present for purposes of determining whether the individual is lawfully residing in the United States under section 1903(v)(4) of the Social Security Act ( 42 U.S.C. 1396b(v)(4) ), the definition of lawfully present under section 152.2 of title 45, Code of Federal Regulations (or any successor regulation) shall be applied. (3) Inapplicability of limitation on Federal means-tested public benefits \n(A) In general \nNotwithstanding any other provision of law, except as provided in subparagraph (B), with respect to eligibility for any benefit under title XIX or XXI of the Social Security Act ( 42 U.S.C. 1396 et seq. or 1397aa et seq.), the limitation under section 403(a) of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 ( 8 U.S.C. 1613(a) ) shall not apply to an individual who adjusts status under this section. (B) Exception \nThe limitation described in subparagraph (A) shall apply to an individual who was eligible to adjust status only by virtue of subsection (c).", "id": "H3C7B1D53DB4F46068392AEB7DA229ECC", "header": "Treatment of individuals granted DACA and individuals who adjust status under this section", "nested": [], "links": [ { "text": "42 U.S.C. 1396b(v)(4)", "legal-doc": "usc", "parsable-cite": "usc/42/1396b" }, { "text": "42 U.S.C. 1396 et seq.", "legal-doc": "usc", "parsable-cite": "usc/42/1396" }, { "text": "8 U.S.C. 1613(a)", "legal-doc": "usc", "parsable-cite": "usc/8/1613" } ] }, { "text": "(f) Institution of higher education defined \nIn this section, the term institution of higher education has the meaning given such term in section 102 of the Higher Education Act of 1965 ( 20 U.S.C. 1002 ), except that the term does not include institutions described in subsection (a)(1)(C) of such section.", "id": "HC35E9DC086074416A537790BCA058C49", "header": "Institution of higher education defined", "nested": [], "links": [ { "text": "20 U.S.C. 1002", "legal-doc": "usc", "parsable-cite": "usc/20/1002" } ] } ], "links": [ { "text": "50 U.S.C. 3801 et seq.", "legal-doc": "usc", "parsable-cite": "usc/50/3801" }, { "text": "42 U.S.C. 1396b(v)(4)", "legal-doc": "usc", "parsable-cite": "usc/42/1396b" }, { "text": "42 U.S.C. 1396 et seq.", "legal-doc": "usc", "parsable-cite": "usc/42/1396" }, { "text": "8 U.S.C. 1613(a)", "legal-doc": "usc", "parsable-cite": "usc/8/1613" }, { "text": "20 U.S.C. 1002", "legal-doc": "usc", "parsable-cite": "usc/20/1002" } ] }, { "text": "1104. The American Promise Act \n(a) Adjustment of status for certain nationals of certain countries designated for temporary protected status or deferred enforced departure \nChapter 5 of title II of the Immigration and Nationality Act ( 8 U.S.C. 1255 et seq. ), as amended by section 1103, is further amended by inserting after section 245D the following: 245E. Adjustment of status for certain nationals of certain countries designated for temporary protected status or deferred enforced departure \n(a) Requirements \nNotwithstanding any other provision of law, the Secretary may grant lawful permanent resident status to a noncitizen if the noncitizen— (1) satisfies the eligibility requirements set forth in section 245G(b), including all criminal and national security background checks and the payment of all applicable fees; (2) submits an application pursuant to the procedures under section 245G(b)(1); (3) subject to section 245G(b)(3)(B)(ii), has been continuously physically present in the United States since January 1, 2017; and (4) (A) is a national of a foreign state (or a part thereof), or in the case of a noncitizen having no nationality, is a person who last habitually resided in such foreign state, with a designation under section 244(b) on January 1, 2017, who had or was otherwise eligible for temporary protected status on such date notwithstanding subsections (c)(1)(A)(iv) and (c)(3)(C) of that section; or (B) was eligible for deferred enforced departure as of January 1, 2017. (b) Spouses and children \nThe requirements of paragraphs (2) through (4) of subsection (a) shall not apply to a noncitizen who is the spouse or child of a noncitizen who satisfies all the requirements of subsection (a).. (b) Clarification of inspection and admission under temporary protected status \nThe Immigration and Nationality Act ( 8 U.S.C. 1101 et seq. ) is amended— (1) in section 244(f)(4) ( 8 U.S.C. 1254a(f)(4) ), by inserting as having been inspected and admitted to the United States after considered ; and (2) in section 245(c) ( 8 U.S.C. 1255(c) ), in the matter preceding paragraph (1), by inserting or a noncitizen granted temporary protected status under section 244 after self-petitioner. (c) Technical and conforming amendment \nThe table of contents for the Immigration and Nationality Act ( 8 U.S.C. 1101 et seq. ), as amended by section 1103, is further amended by inserting after the item relating to section 245D the following: Sec. 245E. Adjustment of status for certain nationals of certain countries designated for temporary protected status or deferred enforced departure..", "id": "H0CABC95590514F9EB5C8F7E1E37A4908", "header": "The American Promise Act", "nested": [ { "text": "(a) Adjustment of status for certain nationals of certain countries designated for temporary protected status or deferred enforced departure \nChapter 5 of title II of the Immigration and Nationality Act ( 8 U.S.C. 1255 et seq. ), as amended by section 1103, is further amended by inserting after section 245D the following: 245E. Adjustment of status for certain nationals of certain countries designated for temporary protected status or deferred enforced departure \n(a) Requirements \nNotwithstanding any other provision of law, the Secretary may grant lawful permanent resident status to a noncitizen if the noncitizen— (1) satisfies the eligibility requirements set forth in section 245G(b), including all criminal and national security background checks and the payment of all applicable fees; (2) submits an application pursuant to the procedures under section 245G(b)(1); (3) subject to section 245G(b)(3)(B)(ii), has been continuously physically present in the United States since January 1, 2017; and (4) (A) is a national of a foreign state (or a part thereof), or in the case of a noncitizen having no nationality, is a person who last habitually resided in such foreign state, with a designation under section 244(b) on January 1, 2017, who had or was otherwise eligible for temporary protected status on such date notwithstanding subsections (c)(1)(A)(iv) and (c)(3)(C) of that section; or (B) was eligible for deferred enforced departure as of January 1, 2017. (b) Spouses and children \nThe requirements of paragraphs (2) through (4) of subsection (a) shall not apply to a noncitizen who is the spouse or child of a noncitizen who satisfies all the requirements of subsection (a)..", "id": "HB22E9FC6451E455E90FE5DABDD35FA92", "header": "Adjustment of status for certain nationals of certain countries designated for temporary protected status or deferred enforced departure", "nested": [], "links": [ { "text": "8 U.S.C. 1255 et seq.", "legal-doc": "usc", "parsable-cite": "usc/8/1255" } ] }, { "text": "(b) Clarification of inspection and admission under temporary protected status \nThe Immigration and Nationality Act ( 8 U.S.C. 1101 et seq. ) is amended— (1) in section 244(f)(4) ( 8 U.S.C. 1254a(f)(4) ), by inserting as having been inspected and admitted to the United States after considered ; and (2) in section 245(c) ( 8 U.S.C. 1255(c) ), in the matter preceding paragraph (1), by inserting or a noncitizen granted temporary protected status under section 244 after self-petitioner.", "id": "HD117F4F9E9D74569B2F356FA3A5A52E8", "header": "Clarification of inspection and admission under temporary protected status", "nested": [], "links": [ { "text": "8 U.S.C. 1101 et seq.", "legal-doc": "usc", "parsable-cite": "usc/8/1101" }, { "text": "8 U.S.C. 1254a(f)(4)", "legal-doc": "usc", "parsable-cite": "usc/8/1254a" }, { "text": "8 U.S.C. 1255(c)", "legal-doc": "usc", "parsable-cite": "usc/8/1255" } ] }, { "text": "(c) Technical and conforming amendment \nThe table of contents for the Immigration and Nationality Act ( 8 U.S.C. 1101 et seq. ), as amended by section 1103, is further amended by inserting after the item relating to section 245D the following: Sec. 245E. Adjustment of status for certain nationals of certain countries designated for temporary protected status or deferred enforced departure..", "id": "H6D086A338E8D4887A5EA636F175E4D5D", "header": "Technical and conforming amendment", "nested": [], "links": [ { "text": "8 U.S.C. 1101 et seq.", "legal-doc": "usc", "parsable-cite": "usc/8/1101" } ] } ], "links": [ { "text": "8 U.S.C. 1255 et seq.", "legal-doc": "usc", "parsable-cite": "usc/8/1255" }, { "text": "8 U.S.C. 1101 et seq.", "legal-doc": "usc", "parsable-cite": "usc/8/1101" }, { "text": "8 U.S.C. 1254a(f)(4)", "legal-doc": "usc", "parsable-cite": "usc/8/1254a" }, { "text": "8 U.S.C. 1255(c)", "legal-doc": "usc", "parsable-cite": "usc/8/1255" }, { "text": "8 U.S.C. 1101 et seq.", "legal-doc": "usc", "parsable-cite": "usc/8/1101" } ] }, { "text": "245E. Adjustment of status for certain nationals of certain countries designated for temporary protected status or deferred enforced departure \n(a) Requirements \nNotwithstanding any other provision of law, the Secretary may grant lawful permanent resident status to a noncitizen if the noncitizen— (1) satisfies the eligibility requirements set forth in section 245G(b), including all criminal and national security background checks and the payment of all applicable fees; (2) submits an application pursuant to the procedures under section 245G(b)(1); (3) subject to section 245G(b)(3)(B)(ii), has been continuously physically present in the United States since January 1, 2017; and (4) (A) is a national of a foreign state (or a part thereof), or in the case of a noncitizen having no nationality, is a person who last habitually resided in such foreign state, with a designation under section 244(b) on January 1, 2017, who had or was otherwise eligible for temporary protected status on such date notwithstanding subsections (c)(1)(A)(iv) and (c)(3)(C) of that section; or (B) was eligible for deferred enforced departure as of January 1, 2017. (b) Spouses and children \nThe requirements of paragraphs (2) through (4) of subsection (a) shall not apply to a noncitizen who is the spouse or child of a noncitizen who satisfies all the requirements of subsection (a).", "id": "H21365EF46C1544DD87B97A091792EB11", "header": "Adjustment of status for certain nationals of certain countries designated for temporary protected status or deferred enforced departure", "nested": [ { "text": "(a) Requirements \nNotwithstanding any other provision of law, the Secretary may grant lawful permanent resident status to a noncitizen if the noncitizen— (1) satisfies the eligibility requirements set forth in section 245G(b), including all criminal and national security background checks and the payment of all applicable fees; (2) submits an application pursuant to the procedures under section 245G(b)(1); (3) subject to section 245G(b)(3)(B)(ii), has been continuously physically present in the United States since January 1, 2017; and (4) (A) is a national of a foreign state (or a part thereof), or in the case of a noncitizen having no nationality, is a person who last habitually resided in such foreign state, with a designation under section 244(b) on January 1, 2017, who had or was otherwise eligible for temporary protected status on such date notwithstanding subsections (c)(1)(A)(iv) and (c)(3)(C) of that section; or (B) was eligible for deferred enforced departure as of January 1, 2017.", "id": "HEB1A8D4FF8244334A0B6B90D23FC634F", "header": "Requirements", "nested": [], "links": [] }, { "text": "(b) Spouses and children \nThe requirements of paragraphs (2) through (4) of subsection (a) shall not apply to a noncitizen who is the spouse or child of a noncitizen who satisfies all the requirements of subsection (a).", "id": "H9652C38DFD3F474EAD2C2DB47ACBFA3D", "header": "Spouses and children", "nested": [], "links": [] } ], "links": [] }, { "text": "1105. The Agricultural Workers Adjustment Act \n(a) In general \nChapter 5 of title II of the Immigration and Nationality Act ( 8 U.S.C. 1255 et seq. ), as amended by section 1104, is further amended by inserting after section 245E the following: 245F. Adjustment of status for agricultural workers \n(a) Requirements \nNotwithstanding any other provision of law, the Secretary may grant lawful permanent resident status to a noncitizen if— (1) the noncitizen satisfies the eligibility requirements set forth in section 245G(b), including all criminal and national security background checks and the payment of all applicable fees; and (2) submits an application pursuant to the procedures under section 245G(b)(1); and (3) the Secretary determines that, during the 5-year period immediately preceding the date on which the noncitizen submits an application under this section, the noncitizen performed agricultural labor or services for at least 2,300 hours or 400 work days. (b) Spouses and children \nThe requirements of paragraph (3) of subsection (a) shall not apply to a noncitizen who is the spouse or child of a noncitizen who satisfies all the requirements of that subsection. (c) Agricultural labor or services defined \nIn this section, the term agricultural labor or services means— (1) agricultural labor or services (within the meaning of the term in section 101(a)(15)(H)(ii)), without regard to whether the labor or services are of a seasonal or temporary nature; and (2) agricultural employment (as defined in section 3 of the Migrant and Seasonal Agricultural Worker Protection Act ( 29 U.S.C. 1802 )), without regard to whether the specific service or activity is temporary or seasonal.. (b) Technical and conforming amendment \nThe table of contents for the Immigration and Nationality Act ( 8 U.S.C. 1101 et seq. ), as amended by section 1104, is further amended by inserting after the item relating to section 245E the following: Sec. 245F. Adjustment of status for agricultural workers..", "id": "H60528CA3DF174519BF3D59A4650664E6", "header": "The Agricultural Workers Adjustment Act", "nested": [ { "text": "(a) In general \nChapter 5 of title II of the Immigration and Nationality Act ( 8 U.S.C. 1255 et seq. ), as amended by section 1104, is further amended by inserting after section 245E the following: 245F. Adjustment of status for agricultural workers \n(a) Requirements \nNotwithstanding any other provision of law, the Secretary may grant lawful permanent resident status to a noncitizen if— (1) the noncitizen satisfies the eligibility requirements set forth in section 245G(b), including all criminal and national security background checks and the payment of all applicable fees; and (2) submits an application pursuant to the procedures under section 245G(b)(1); and (3) the Secretary determines that, during the 5-year period immediately preceding the date on which the noncitizen submits an application under this section, the noncitizen performed agricultural labor or services for at least 2,300 hours or 400 work days. (b) Spouses and children \nThe requirements of paragraph (3) of subsection (a) shall not apply to a noncitizen who is the spouse or child of a noncitizen who satisfies all the requirements of that subsection. (c) Agricultural labor or services defined \nIn this section, the term agricultural labor or services means— (1) agricultural labor or services (within the meaning of the term in section 101(a)(15)(H)(ii)), without regard to whether the labor or services are of a seasonal or temporary nature; and (2) agricultural employment (as defined in section 3 of the Migrant and Seasonal Agricultural Worker Protection Act ( 29 U.S.C. 1802 )), without regard to whether the specific service or activity is temporary or seasonal..", "id": "HA0402D3E90FE4823B158E2BD8F389A30", "header": "In general", "nested": [], "links": [ { "text": "8 U.S.C. 1255 et seq.", "legal-doc": "usc", "parsable-cite": "usc/8/1255" }, { "text": "29 U.S.C. 1802", "legal-doc": "usc", "parsable-cite": "usc/29/1802" } ] }, { "text": "(b) Technical and conforming amendment \nThe table of contents for the Immigration and Nationality Act ( 8 U.S.C. 1101 et seq. ), as amended by section 1104, is further amended by inserting after the item relating to section 245E the following: Sec. 245F. Adjustment of status for agricultural workers..", "id": "H29EE1A866C9A4869B0767EF4B6C56438", "header": "Technical and conforming amendment", "nested": [], "links": [ { "text": "8 U.S.C. 1101 et seq.", "legal-doc": "usc", "parsable-cite": "usc/8/1101" } ] } ], "links": [ { "text": "8 U.S.C. 1255 et seq.", "legal-doc": "usc", "parsable-cite": "usc/8/1255" }, { "text": "29 U.S.C. 1802", "legal-doc": "usc", "parsable-cite": "usc/29/1802" }, { "text": "8 U.S.C. 1101 et seq.", "legal-doc": "usc", "parsable-cite": "usc/8/1101" } ] }, { "text": "245F. Adjustment of status for agricultural workers \n(a) Requirements \nNotwithstanding any other provision of law, the Secretary may grant lawful permanent resident status to a noncitizen if— (1) the noncitizen satisfies the eligibility requirements set forth in section 245G(b), including all criminal and national security background checks and the payment of all applicable fees; and (2) submits an application pursuant to the procedures under section 245G(b)(1); and (3) the Secretary determines that, during the 5-year period immediately preceding the date on which the noncitizen submits an application under this section, the noncitizen performed agricultural labor or services for at least 2,300 hours or 400 work days. (b) Spouses and children \nThe requirements of paragraph (3) of subsection (a) shall not apply to a noncitizen who is the spouse or child of a noncitizen who satisfies all the requirements of that subsection. (c) Agricultural labor or services defined \nIn this section, the term agricultural labor or services means— (1) agricultural labor or services (within the meaning of the term in section 101(a)(15)(H)(ii)), without regard to whether the labor or services are of a seasonal or temporary nature; and (2) agricultural employment (as defined in section 3 of the Migrant and Seasonal Agricultural Worker Protection Act ( 29 U.S.C. 1802 )), without regard to whether the specific service or activity is temporary or seasonal.", "id": "HBA9181217B484E218EAC4C81F0972124", "header": "Adjustment of status for agricultural workers", "nested": [ { "text": "(a) Requirements \nNotwithstanding any other provision of law, the Secretary may grant lawful permanent resident status to a noncitizen if— (1) the noncitizen satisfies the eligibility requirements set forth in section 245G(b), including all criminal and national security background checks and the payment of all applicable fees; and (2) submits an application pursuant to the procedures under section 245G(b)(1); and (3) the Secretary determines that, during the 5-year period immediately preceding the date on which the noncitizen submits an application under this section, the noncitizen performed agricultural labor or services for at least 2,300 hours or 400 work days.", "id": "H0E90F3BD6804464EABED64472EE9F602", "header": "Requirements", "nested": [], "links": [] }, { "text": "(b) Spouses and children \nThe requirements of paragraph (3) of subsection (a) shall not apply to a noncitizen who is the spouse or child of a noncitizen who satisfies all the requirements of that subsection.", "id": "HC0DB83D720274E2D8669AFF5C021D235", "header": "Spouses and children", "nested": [], "links": [] }, { "text": "(c) Agricultural labor or services defined \nIn this section, the term agricultural labor or services means— (1) agricultural labor or services (within the meaning of the term in section 101(a)(15)(H)(ii)), without regard to whether the labor or services are of a seasonal or temporary nature; and (2) agricultural employment (as defined in section 3 of the Migrant and Seasonal Agricultural Worker Protection Act ( 29 U.S.C. 1802 )), without regard to whether the specific service or activity is temporary or seasonal.", "id": "H8191DC0E6A074450A9C258086EA140C7", "header": "Agricultural labor or services defined", "nested": [], "links": [ { "text": "29 U.S.C. 1802", "legal-doc": "usc", "parsable-cite": "usc/29/1802" } ] } ], "links": [ { "text": "29 U.S.C. 1802", "legal-doc": "usc", "parsable-cite": "usc/29/1802" } ] }, { "text": "1106. General provisions relating to adjustment of status \n(a) In general \nChapter 5 of title II of the Immigration and Nationality Act ( 8 U.S.C. 1255 et seq. ), as amended by section 1105, is further amended by inserting after section 245E the following: 245G. General provisions relating to adjustment of status \n(a) Applicability \nUnless otherwise specified, the provisions of this section shall apply to sections 245B, 245C, 245D, 245E, and 245F. (b) Common eligibility requirements for applications under sections 245B, 245C, 245D, 245E, and 245F \nUnless otherwise specified, a noncitizen applying for status under section 245B, 245C, 245D, 245E, or 245F shall satisfy the following requirements: (1) Submittal of application \nThe noncitizen shall submit a completed application to the Secretary at such time, in such manner, and containing such information as the Secretary shall require. (2) Payment of fees \n(A) In general \nA noncitizen who is 18 years of age or older shall pay to the Department of Homeland Security a processing fee in an amount determined by the Secretary. (B) Recovery of costs \nThe processing fee referred to in subparagraph (A) shall be set at a level sufficient to recover the cost of processing the application. (C) Authority to limit fees \nThe Secretary may— (i) limit the maximum processing fee payable under this paragraph by a family; and (ii) for good cause, exempt individual applicants or defined classes of applicants from the requirement to pay fees under this paragraph. (D) Deposit \nFees collected under this paragraph shall be deposited into the Immigration Examinations Fee Account pursuant to section 286(m). (3) Physical presence \n(A) Date of submittal of application \nThe noncitizen shall be physically present in the United States on the date on which the application is submitted. (B) Continuous physical presence \n(i) In general \nExcept as provided in clause (ii), the noncitizen shall have been continuously physically present in the United States beginning on January 1, 2023, and ending on the date on which the application is approved. (ii) Exceptions \n(I) Authorized absence \nA noncitizen who departed temporarily from the United States shall not be considered to have failed to maintain continuous physical presence in the United States during any period of travel that was authorized by the Secretary. (II) Brief, casual, and innocent absences \n(aa) In general \nA noncitizen who departed temporarily from the United States shall not be considered to have failed to maintain continuous physical presence in the United States if the noncitizen’s absences from the United States are brief, casual, and innocent, whether or not such absences were authorized by the Secretary. (bb) Absences more than 180 days \nFor purposes of this clause, an absence of more than 180 days, in the aggregate, during a calendar year shall not be considered brief, unless the Secretary finds that the length of the absence was due to circumstances beyond the noncitizen’s control, including the serious illness of the noncitizen, death or serious illness of a spouse, parent, grandparent, grandchild, sibling, son, or daughter of the noncitizen, or due to international travel restrictions. (iii) Effect of notice to appear \nIssuance of a notice to appear under section 239(a) shall not be considered to interrupt the continuity of a noncitizen’s continuous physical presence in the United States. (4) Waiver for noncitizens previously removed \n(A) In general \nWith respect to a noncitizen who was removed from or who departed the United States on or after January 20, 2017, and who was continuously physically present in the United States for not fewer than 3 years immediately preceding the date on which the noncitizen was removed or departed, the Secretary may waive, for humanitarian purposes, to ensure family unity, or if such a waiver is otherwise in the public interest, the application of— (i) paragraph (3)(A); and (ii) in the case of an applicant for lawful prospective immigrant status under section 245B, if the applicant has not reentered the United States unlawfully after January 1, 2023, subsection (c)(3). (B) Application procedure \nThe Secretary, in consultation with the Secretary of State, shall establish a procedure by which a noncitizen, while outside the United States, may apply for status under section 245B, 245C, 245D, 245E, or 245F, as applicable, if the noncitizen would have been eligible for such status but for the noncitizen's removal or departure. (c) Grounds for ineligibility \n(1) Certain grounds of inadmissibility \n(A) In general \nSubject to subparagraph (B), a noncitizen shall be ineligible for status under sections 245B, 245C, 245D, 245E, and 245F if the noncitizen— (i) is inadmissible under paragraph (2), (3), (6)(E), (8), (10)(C), or (10)(E) of section 212(a); (ii) has been convicted of a felony offense (excluding any offense under State law for which an essential element in the noncitizen's immigration status); or (iii) has been convicted of 3 or more misdemeanor offenses (excluding simple possession of cannabis or cannabis-related paraphernalia, any offense involving cannabis or cannabis-related paraphernalia that is no longer prosecutable in the State in which the conviction was entered, any offense under State law for which an essential element is the noncitizen’s immigration status, any offense involving civil disobedience without violence, and any minor traffic offense) not occurring on the same date, and not arising out of the same act, omission, or scheme of misconduct. (B) Waivers \n(i) In general \nFor purposes of subparagraph (A), the Secretary may, for humanitarian purposes, family unity, or if otherwise in the public interest— (I) waive inadmissibility under— (aa) subparagraphs (A), (C), and (D) of section 212(a)(2); and (bb) paragraphs (6)(E), (8), (10)(C), and (10)(E) of such section; (II) waive ineligibility under subparagraph (A)(ii) (excluding offenses described in section 101(a)(43)(A)) or inadmissibility under subparagraph (B) of section 212(a)(2) if the noncitizen has not been convicted of any offense during the 10-year period preceding the date on which the noncitizen applies for status under section 245B, 245C, 245D, 245E, or 245F, as applicable; and (III) for purposes of subparagraph (A)(iii), waive consideration of— (aa) 1 misdemeanor offense if, during the 5-year period preceding the date on which the noncitizen applies for status under section 245B, 245C, 245D, 245E, or 245F, as applicable, the noncitizen has not been convicted of any offense; or (bb) 2 misdemeanor offenses if, during the 10-year period preceding such date, the noncitizen has not been convicted of any offense. (ii) Considerations \nIn making a determination under subparagraph (B), the Secretary of Homeland Security or the Attorney General shall consider all mitigating and aggravating factors, including— (I) the severity of the underlying circumstances, conduct, or violation; (II) the duration of the noncitizen’s residence in the United States; (III) evidence of rehabilitation, if applicable; and (IV) the extent to which the noncitizen’s removal, or the denial of the noncitizen’s application, would adversely affect the noncitizen or the noncitizen’s United States citizen or lawful permanent resident family members. (2) Noncitizens in certain immigration statuses \n(A) In general \nA noncitizen shall be ineligible for status under sections 245B, 245C, 245D, 245E, and 245F if on January 1, 2023, the noncitizen was any of the following: (i) A lawful permanent resident. (ii) A noncitizen admitted as a refugee under section 207 or granted asylum under section 208. (iii) A noncitizen who, according to the records of the Secretary or the Secretary of State, is in a period of authorized stay in a nonimmigrant status described in section 101(a)(15)(A), other than— (I) a spouse or a child of a noncitizen eligible for status under section 245B, 245C, 245D, 245E, or 245F; (II) a noncitizen considered to be in a nonimmigrant status solely by reason of section 702 of the Consolidated Natural Resources Act of 2008 ( Public Law 110–229 ; 122 Stat. 854) or section 244(f)(4) of this Act; (III) a nonimmigrant described in section 101(a)(15)(H)(ii)(a); and (IV) a noncitizen who has engaged in essential critical infrastructure labor or services , as described in the Advisory Memorandum on Identification of Essential Critical Infrastructure Workers During COVID–19 Response (as revised by the Department of Homeland Security) during the period described in subparagraph (B). (iv) A noncitizen paroled into the Commonwealth of the Northern Mariana Islands or Guam who did not reside in the Commonwealth or Guam on November 28, 2009. (B) Period described \nThe period described in this subparagraph is the period that— (i) begins on the first day of the public health emergency declared by the Secretary of Health and Human Services under section 319 of the Public Health Service Act ( 42 U.S.C. 247d ) with respect to COVID–19; and (ii) ends on the date that is 90 days after the date on which such public health emergency terminates. (3) Certain noncitizens outside the United States and unlawful reentrants \nA noncitizen shall be ineligible for status under sections 245B, 245C, 245D, 245E, and 245F if the noncitizen— (A) departed the United States while subject to an order of exclusion, deportation, removal, or voluntary departure; and (B) (i) was outside the United States on January 1, 2021; or (ii) reentered the United States unlawfully after January 1, 2023. (d) Submission of biometric and biographic data; background checks \n(1) In general \nThe Secretary may not grant a noncitizen status under section 245B, 245C, 245D, 245E, or 245F unless the noncitizen submits biometric and biographic data, in accordance with procedures established by the Secretary. (2) Alternative procedure \nThe Secretary shall provide an alternative procedure for noncitizens who are unable to provide such biometric or biographic data due to a physical impairment. (3) Background checks \n(A) In general \nThe Secretary shall use biometric and biographic data— (i) to conduct security and law enforcement background checks; and (ii) to determine whether there is any criminal, national security, or other factor that would render the noncitizen ineligible for status under section 245B, 245C, 245D, 245E, or 245F, as applicable. (B) Completion required \nA noncitizen may not be granted status under section 245B, 245C, 245D, 245E, or 245F unless security and law enforcement background checks are completed to the satisfaction of the Secretary. (e) Eligibility for other statuses \n(1) In general \nA noncitizen’s eligibility for status under section 245B, 245C, 245D, 245E, or 245F shall not preclude the noncitizen from seeking any status under any other provision of law for which the noncitizen may otherwise be eligible. (2) Inapplicability of other provisions \nSection 208(d)(6) shall not apply to any noncitizen who submits an application under section 245B, 245C, 245D, 245E, or 245F. (f) Exemption from numerical limitation \nNothing in this section or section 245B, 245C, 245D, 245E, or 245F or in any other law may be construed— (1) to limit the number of noncitizens who may be granted status under sections 245B, 245C, 245D, 245E, and 245F; or (2) to count against any other numerical limitation under this Act. (g) Procedures \n(1) Opportunity to apply and limitation on removal \nA noncitizen who appears to be prima facie eligible for status under section 245B, 245C, 245D, 245E, or 245F shall be given a reasonable opportunity to apply for such adjustment of status and, if the noncitizen applies within a reasonable period, the noncitizen shall not be removed before— (A) the Secretary has issued a final decision denying relief; (B) a final order of removal has been issued; and (C) the decision of the Secretary is upheld by a court, or the time for initiating judicial review under section 242 has expired, unless the order of removal is based on criminal or national security grounds, in which case removal does not affect the noncitizen’s right to judicial review. (2) Spouses and children \n(A) Family application \nThe Secretary shall establish a process by which a principal applicant and his or her spouse and children may file a single combined application under section 245B, 245C, 245D, 245E, or 245F, including a petition to classify the spouse and children as the spouse and children of the principal applicant. (B) Effect of termination of legal relationship or domestic violence \nIf the spousal or parental relationship between a noncitizen granted lawful prospective immigrant status or lawful permanent resident status under section 245B, 245C, 245D, 245E, or 245F and the noncitizen’s spouse or child is terminated by death, divorce, or annulment, or the spouse or child has been battered or subjected to extreme cruelty by the noncitizen (regardless of whether the legal relationship terminates), the spouse or child may apply independently for lawful prospective immigrant status or lawful permanent resident status if he or she is otherwise eligible. (C) Effect of denial of application or revocation of status \nIf the application of a noncitizen for status under section 245B, 245C, 245D, 245E, or 245F is denied, or his or her status is revoked, the spouse or child of such noncitizen shall remain eligible to apply independently for status under the applicable section. (3) Adjudication \n(A) In general \nThe Secretary shall evaluate each application submitted under section 245B, 245C, 245D, 245E, or 245F to determine whether the applicant meets the applicable requirements. (B) Adjustment of status if favorable determination \nIf the Secretary determines that a noncitizen meets the requirements of section 245B, 245C, 245D, 245E, or 245F, as applicable, the Secretary shall— (i) notify the noncitizen of such determination; and (ii) adjust the status of the noncitizen to that of lawful prospective immigrant or lawful permanent resident, as applicable, effective as of the date of such determination. (C) Documentary evidence of status \n(i) In general \nThe Secretary shall issue documentary evidence of lawful prospective immigrant status or lawful permanent resident status, as applicable, to each noncitizen whose application for such status has been approved. (ii) Elements \nDocumentary evidence issued under clause (i) shall— (I) be machine readable and tamper resistant; (II) contain a digitized photograph of the noncitizen; (III) during the noncitizen’s authorized period of admission, serve as a valid travel and entry document; and (IV) include such other features and information as the Secretary may prescribe. (iii) Employment authorization \nDocumentary evidence issued under clause (i) shall be accepted during the period of its validity by an employer as evidence of employment authorization and identity under section 274A(b)(1)(B); and (D) Adverse determination \nIf the Secretary determines that the noncitizen does not meet the requirements for the status for which the noncitizen applied, the Secretary shall notify the noncitizen of such determination. (E) Withdrawal of application \n(i) In general \nOn receipt of a request to withdraw an application under section 245B, 245C, 245D, 245E, or 245F, the Secretary shall cease processing of the application and close the case. (ii) Effect of withdrawal \nWithdrawal of such an application shall not prejudice any future application filed by the applicant for any immigration benefit under this Act. (F) Document requirements \n(i) Establishing identity \nA noncitizen’s application for status under section 245B, 245C, 245D, 245E, or 245F may include, as evidence of identity, the following: (I) A passport or national identity document from the noncitizen’s country of origin that includes the noncitizen’s name and the noncitizen’s photograph or fingerprint. (II) The noncitizen’s birth certificate and an identity card that includes the noncitizen’s name and photograph. (III) A school identification card that includes the noncitizen’s name and photograph, and school records showing the noncitizen’s name and that the noncitizen is or was enrolled at the school. (IV) A uniformed services identification card issued by the Department of Defense. (V) Any immigration or other document issued by the United States Government bearing the noncitizen’s name and photograph. (VI) A State-issued identification card bearing the noncitizen's name and photograph. (VII) Any other evidence that the Secretary determines to be credible. (ii) Documents establishing continuous physical presence \nEvidence that the noncitizen has been continuously physically present in the United States may include the following: (I) Passport entries, including admission stamps on the noncitizen’s passport. (II) Any document from the Department of Justice or the Department of Homeland Security noting the noncitizen’s date of entry into the United States. (III) Records from any educational institution the noncitizen has attended in the United States. (IV) Employment records of the noncitizen that include the employer’s name and contact information. (V) Records of service from the uniformed services. (VI) Official records from a religious entity confirming the noncitizen’s participation in a religious ceremony. (VII) A birth certificate for a child who was born in the United States. (VIII) Hospital or medical records showing medical treatment or hospitalization, the name of the medical facility or physician, and the date of the treatment or hospitalization. (IX) Automobile license receipts or registration. (X) Deeds, mortgages, or rental agreement contracts. (XI) Rent receipts or utility bills bearing the noncitizen’s name or the name of an immediate family member of the noncitizen, and the noncitizen’s address. (XII) Tax receipts. (XIII) Insurance policies. (XIV) Remittance records, including copies of money order receipts sent in or out of the country. (XV) Travel records, including online or hardcopy airplane, bus and train tickets, itineraries, and hotel or hostel receipts. (XVI) Dated bank transactions. (XVII) Sworn affidavits from at least two individuals who are not related to the noncitizen who have direct knowledge of the noncitizen’s continuous physical presence in the United States, that contain— (aa) the name, address, and telephone number of the affiant; and (bb) the nature and duration of the relationship between the affiant and the noncitizen. (XVIII) Any other evidence determined to be credible. (iii) Documents establishing exemption from application fees \nThe Secretary shall set forth, by regulation, the documents that may be used as evidence that a noncitizen’s application for status under section 245B, 245C, 245D, 245E, or 245F is exempt from an application fee under subsection (b)(2). (iv) Authority to prohibit use of certain documents \nIf the Secretary determines, after publication in the Federal Register and an opportunity for public comment, that any document or class of documents does not reliably establish identity, or that any document or class of documents is frequently being used to obtain relief under this section and is being obtained fraudulently to an unacceptable degree, the Secretary may prohibit or restrict the use of such document or class of documents. (G) Sufficiency of the evidence \n(i) Failure to submit sufficient evidence \nThe Secretary may deny an application under section 245B, 245C, 245D, 245E, or 245F submitted by a noncitizen who fails to submit requested initial evidence, including requested biometric data, or any requested additional evidence, by the date required by the Secretary. (ii) Amended application \nA noncitizen whose application is denied under clause (i) may, without an additional fee, submit to the Secretary an amended application or supplement the existing application if the amended or supplemented application contains the required information and any fee that was missing from the initial application. (iii) Fulfillment of eligibility requirements \nExcept as provided in clause (i), an application— (I) may not be denied for failure to submit particular evidence; and (II) may only be denied on evidentiary grounds if the evidence submitted is not credible or otherwise fails to establish eligibility. (iv) Authority to determine probity of evidence \nThe Secretary may determine— (I) whether evidence is credible; and (II) the weight to be given the evidence. (4) Revocation \n(A) In general \nIf the Secretary determines that a noncitizen fraudulently obtained status under section 245B, 245C, 245D, 245E, or 245F, the Secretary may revoke such status at any time after— (i) providing appropriate notice to the noncitizen; (ii) providing the noncitizen an opportunity to respond; and (iii) the exhaustion or waiver of all applicable administrative review procedures under paragraph (6). (B) Additional evidence \nIn determining whether to revoke a noncitizen’s status under subparagraph (A), the Secretary may require the noncitizen— (i) to submit additional evidence; or (ii) to appear for an interview. (C) Invalidation of documentation \nIf a noncitizen’s status is revoked under subparagraph (A), any documentation issued by the Secretary to the noncitizen under paragraph (3)(C) shall automatically be rendered invalid for any purpose except for departure from the United States. (5) Administrative review \n(A) Exclusive administrative review \nAdministrative review of a determination with respect to an application for status under section 245B, 245C, 245D, 245E, or 245F shall be conducted solely in accordance with this paragraph. (B) Administrative appellate review \n(i) Establishment of administrative appellate authority \nThe Secretary shall establish or designate an appellate authority to provide for a single level of administrative appellate review of denials of applications or petitions submitted, and revocations of status, under sections 245B, 245C, 245D, 245E, and 245F. (ii) Single appeal for each administrative decision \nA noncitizen in the United States whose application for status under section 245B, 245C, 245D, 245E, or 245F has been denied or whose status under any such section has been revoked may submit to the Secretary not more than 1 appeal of each such decision. (iii) Notice of appeal \nA notice of appeal under this paragraph shall be submitted not later than 90 days after the date of service of the denial or revocation, unless a delay beyond the 90-day period is reasonably justifiable. (iv) Review by Secretary \nNothing in this paragraph may be construed to limit the authority of the Secretary to certify appeals for review and final decision. (v) Denial of petitions for spouses and children \nA decision to deny, or revoke approval of, a petition submitted by a noncitizen to classify a spouse or child of the noncitizen as the spouse or child of a noncitizen for purposes of section 245B, 245C, 245D, 245E, or 245F may be appealed under this paragraph. (C) Stay of removal \nNoncitizens seeking administrative review of a denial, or revocation of approval, of an application for status under section 245B, 245C, 245D, 245E, or 245F shall not be removed from the United States before a final decision is rendered establishing ineligibility for such status. (D) Record for review \nAdministrative appellate review under this paragraph shall be de novo and based solely upon— (i) the administrative record established at the time of the determination on the application; and (ii) any additional newly discovered or previously unavailable evidence. (6) Judicial review \nJudicial review of decisions denying, or revoking approval of, applications or petitions under sections 245B, 245C, 245D, 245E, and 245F shall be governed by section 242. (7) Effects while applications are pending \nDuring the period beginning on the date on which a noncitizen applies for status under section 245B, 245C, 245D, 245E, or 245F and ending on the date on which the Secretary makes a final decision on such application— (A) notwithstanding section 212(d)(5)(A), the Secretary shall have the discretion to grant advance parole to the noncitizen; (B) the noncitizen shall not be considered an unauthorized noncitizen (as defined in section 274A(h)(3)). (8) Employment \n(A) Receipt of application \nAs soon as practicable after receiving an application for status under section 245B, 245C, 245D, 245E, or 245F, the Secretary shall provide the applicant with a document acknowledging receipt of such application. (B) Employment authorization \nA document issued under subparagraph (A) shall— (i) serve as interim proof of the noncitizen’s authorization to accept employment in the United States; and (ii) be accepted by an employer as evidence of employment authorization under section 274A(b)(1)(C) pending a final decision on the application. (C) Employer protection \nAn employer who knows that a noncitizen employee is an applicant for status under section 245B, 245C, 245D, 245E, or 245F or intends to apply for any such status, and who continues to employ the noncitizen pending a final decision on the noncitizen employee’s application, shall not be considered to be in violation of section 274A(a)(2) for hiring, employment, or continued employment of the noncitizen. (9) Information privacy \n(A) In general \nExcept as provided in subparagraph (B), no officer or employee of the United States may— (i) use the information provided by a noncitizen pursuant to an application submitted under section 245B, 245C, 245D, 245E, or 245F to initiate removal proceedings against any person identified in the application; (ii) make any publication whereby the information provided by any particular individual pursuant to such an application may be identified; or (iii) permit any individual other than an officer or employee of the Federal agency to which such an application is submitted to examine the application. (B) Required disclosure \nNotwithstanding subparagraph (A), the Attorney General or the Secretary shall provide the information provided in an application under section 245B, 245C, 245D, 245E, or 245F, and any other information derived from such information, to— (i) a duly recognized law enforcement entity in connection with an investigation or prosecution of an offense described in paragraph (2) or (3) of section 212(a), if such information is requested in writing by such entity; or (ii) an official coroner for purposes of affirmatively identifying a deceased individual (whether or not such individual is deceased as a result of a crime). (C) Penalty \nWhoever knowingly uses, publishes, or permits information to be examined in violation of this section shall be fined not more than $50,000. (D) Safeguards \nThe Secretary shall require appropriate administrative and physical safeguards to protect against disclosure and uses of information that violate this paragraph. (E) Annual assessment \nNot less frequently than annually, the Secretary shall conduct an assessment that, for the preceding calendar year— (i) analyzes the effectiveness of the safeguards under subparagraph (D); (ii) determines the number of authorized disclosures made; and (iii) determines the number of disclosures prohibited by subparagraph (A) made. (10) Language assistance \nThe Secretary, in consultation with the Attorney General, shall make available forms and accompanying instructions in the most common languages spoken in the United States, as determined by the Secretary. (11) Reasonable accommodations \nThe Secretary shall develop a plan for providing reasonable accommodation, consistent with applicable law, to applicants for status under sections 245B, 245C, 245D, 245E, and 245F with disabilities (as defined in section 3(1) of the Americans with Disabilities Act of 1990 ( 42 U.S.C. 12102(1) )). (h) Definitions \nIn this section and sections 245B, 245C, 245D, 245E, and 245F: (1) Final decision \nThe term final decision means a decision or an order issued by the Secretary under this section after the period for requesting administrative review under subsection (g)(5) has expired or the challenged decision was affirmed after such administrative review. (2) Secretary \nThe term Secretary means the Secretary of Homeland Security. (3) Uniformed services \nThe term uniformed services has the meaning given the term in section 101(a) of title 10, United States Code.. (b) Rulemaking \n(1) Rules implementing sections 245B, 245D, 245E, 245F, and 245G \n(A) In general \nNot later than 1 year after the date of the enactment of this Act, the Secretary shall issue interim final rules, published in the Federal Register, implementing sections 245B, 245D, 245E, 245F, and 245G of the Immigration and Nationality Act, as added by this subtitle. (B) Effective date \nNotwithstanding section 553 of title 5, United States Code, the rules issued under this paragraph shall be effective, on an interim basis, immediately upon publication, but may be subject to change and revision after public notice and opportunity for a period of public comment. (C) Final rules \nNot later than 180 days after the date of publication under subparagraph (B), the Secretary shall finalize the interim rules. (2) Rules implementing section 245C \nNot later than 180 days after the date of the enactment of this Act, the Secretary shall issue a final rule implementing section 245C of the Immigration and Nationality Act, as added by this subtitle. (3) Requirement \nThe rules issued under this subsection shall prescribe the evidence required to demonstrate eligibility for status under sections 245B, 245C, 245D, 245E, and 245F of the Immigration and Nationality Act, as added by this subtitle, or otherwise required to apply for status under such sections. (c) Paperwork Reduction Act \nThe requirements under chapter 35 of title 44, United States Code (commonly known as the Paperwork Reduction Act ), shall not apply to any action to implement this title. (d) Technical and conforming amendment \nThe table of contents for the Immigration and Nationality Act ( 8 U.S.C. 1101 et seq. ), as amended by section 1105, is further amended by inserting after the item relating to section 245F the following: Sec. 245G. General provisions relating to adjustment of status..", "id": "H931D31145C4B4E9FB121FF3E98AD7F85", "header": "General provisions relating to adjustment of status", "nested": [ { "text": "(a) In general \nChapter 5 of title II of the Immigration and Nationality Act ( 8 U.S.C. 1255 et seq. ), as amended by section 1105, is further amended by inserting after section 245E the following: 245G. General provisions relating to adjustment of status \n(a) Applicability \nUnless otherwise specified, the provisions of this section shall apply to sections 245B, 245C, 245D, 245E, and 245F. (b) Common eligibility requirements for applications under sections 245B, 245C, 245D, 245E, and 245F \nUnless otherwise specified, a noncitizen applying for status under section 245B, 245C, 245D, 245E, or 245F shall satisfy the following requirements: (1) Submittal of application \nThe noncitizen shall submit a completed application to the Secretary at such time, in such manner, and containing such information as the Secretary shall require. (2) Payment of fees \n(A) In general \nA noncitizen who is 18 years of age or older shall pay to the Department of Homeland Security a processing fee in an amount determined by the Secretary. (B) Recovery of costs \nThe processing fee referred to in subparagraph (A) shall be set at a level sufficient to recover the cost of processing the application. (C) Authority to limit fees \nThe Secretary may— (i) limit the maximum processing fee payable under this paragraph by a family; and (ii) for good cause, exempt individual applicants or defined classes of applicants from the requirement to pay fees under this paragraph. (D) Deposit \nFees collected under this paragraph shall be deposited into the Immigration Examinations Fee Account pursuant to section 286(m). (3) Physical presence \n(A) Date of submittal of application \nThe noncitizen shall be physically present in the United States on the date on which the application is submitted. (B) Continuous physical presence \n(i) In general \nExcept as provided in clause (ii), the noncitizen shall have been continuously physically present in the United States beginning on January 1, 2023, and ending on the date on which the application is approved. (ii) Exceptions \n(I) Authorized absence \nA noncitizen who departed temporarily from the United States shall not be considered to have failed to maintain continuous physical presence in the United States during any period of travel that was authorized by the Secretary. (II) Brief, casual, and innocent absences \n(aa) In general \nA noncitizen who departed temporarily from the United States shall not be considered to have failed to maintain continuous physical presence in the United States if the noncitizen’s absences from the United States are brief, casual, and innocent, whether or not such absences were authorized by the Secretary. (bb) Absences more than 180 days \nFor purposes of this clause, an absence of more than 180 days, in the aggregate, during a calendar year shall not be considered brief, unless the Secretary finds that the length of the absence was due to circumstances beyond the noncitizen’s control, including the serious illness of the noncitizen, death or serious illness of a spouse, parent, grandparent, grandchild, sibling, son, or daughter of the noncitizen, or due to international travel restrictions. (iii) Effect of notice to appear \nIssuance of a notice to appear under section 239(a) shall not be considered to interrupt the continuity of a noncitizen’s continuous physical presence in the United States. (4) Waiver for noncitizens previously removed \n(A) In general \nWith respect to a noncitizen who was removed from or who departed the United States on or after January 20, 2017, and who was continuously physically present in the United States for not fewer than 3 years immediately preceding the date on which the noncitizen was removed or departed, the Secretary may waive, for humanitarian purposes, to ensure family unity, or if such a waiver is otherwise in the public interest, the application of— (i) paragraph (3)(A); and (ii) in the case of an applicant for lawful prospective immigrant status under section 245B, if the applicant has not reentered the United States unlawfully after January 1, 2023, subsection (c)(3). (B) Application procedure \nThe Secretary, in consultation with the Secretary of State, shall establish a procedure by which a noncitizen, while outside the United States, may apply for status under section 245B, 245C, 245D, 245E, or 245F, as applicable, if the noncitizen would have been eligible for such status but for the noncitizen's removal or departure. (c) Grounds for ineligibility \n(1) Certain grounds of inadmissibility \n(A) In general \nSubject to subparagraph (B), a noncitizen shall be ineligible for status under sections 245B, 245C, 245D, 245E, and 245F if the noncitizen— (i) is inadmissible under paragraph (2), (3), (6)(E), (8), (10)(C), or (10)(E) of section 212(a); (ii) has been convicted of a felony offense (excluding any offense under State law for which an essential element in the noncitizen's immigration status); or (iii) has been convicted of 3 or more misdemeanor offenses (excluding simple possession of cannabis or cannabis-related paraphernalia, any offense involving cannabis or cannabis-related paraphernalia that is no longer prosecutable in the State in which the conviction was entered, any offense under State law for which an essential element is the noncitizen’s immigration status, any offense involving civil disobedience without violence, and any minor traffic offense) not occurring on the same date, and not arising out of the same act, omission, or scheme of misconduct. (B) Waivers \n(i) In general \nFor purposes of subparagraph (A), the Secretary may, for humanitarian purposes, family unity, or if otherwise in the public interest— (I) waive inadmissibility under— (aa) subparagraphs (A), (C), and (D) of section 212(a)(2); and (bb) paragraphs (6)(E), (8), (10)(C), and (10)(E) of such section; (II) waive ineligibility under subparagraph (A)(ii) (excluding offenses described in section 101(a)(43)(A)) or inadmissibility under subparagraph (B) of section 212(a)(2) if the noncitizen has not been convicted of any offense during the 10-year period preceding the date on which the noncitizen applies for status under section 245B, 245C, 245D, 245E, or 245F, as applicable; and (III) for purposes of subparagraph (A)(iii), waive consideration of— (aa) 1 misdemeanor offense if, during the 5-year period preceding the date on which the noncitizen applies for status under section 245B, 245C, 245D, 245E, or 245F, as applicable, the noncitizen has not been convicted of any offense; or (bb) 2 misdemeanor offenses if, during the 10-year period preceding such date, the noncitizen has not been convicted of any offense. (ii) Considerations \nIn making a determination under subparagraph (B), the Secretary of Homeland Security or the Attorney General shall consider all mitigating and aggravating factors, including— (I) the severity of the underlying circumstances, conduct, or violation; (II) the duration of the noncitizen’s residence in the United States; (III) evidence of rehabilitation, if applicable; and (IV) the extent to which the noncitizen’s removal, or the denial of the noncitizen’s application, would adversely affect the noncitizen or the noncitizen’s United States citizen or lawful permanent resident family members. (2) Noncitizens in certain immigration statuses \n(A) In general \nA noncitizen shall be ineligible for status under sections 245B, 245C, 245D, 245E, and 245F if on January 1, 2023, the noncitizen was any of the following: (i) A lawful permanent resident. (ii) A noncitizen admitted as a refugee under section 207 or granted asylum under section 208. (iii) A noncitizen who, according to the records of the Secretary or the Secretary of State, is in a period of authorized stay in a nonimmigrant status described in section 101(a)(15)(A), other than— (I) a spouse or a child of a noncitizen eligible for status under section 245B, 245C, 245D, 245E, or 245F; (II) a noncitizen considered to be in a nonimmigrant status solely by reason of section 702 of the Consolidated Natural Resources Act of 2008 ( Public Law 110–229 ; 122 Stat. 854) or section 244(f)(4) of this Act; (III) a nonimmigrant described in section 101(a)(15)(H)(ii)(a); and (IV) a noncitizen who has engaged in essential critical infrastructure labor or services , as described in the Advisory Memorandum on Identification of Essential Critical Infrastructure Workers During COVID–19 Response (as revised by the Department of Homeland Security) during the period described in subparagraph (B). (iv) A noncitizen paroled into the Commonwealth of the Northern Mariana Islands or Guam who did not reside in the Commonwealth or Guam on November 28, 2009. (B) Period described \nThe period described in this subparagraph is the period that— (i) begins on the first day of the public health emergency declared by the Secretary of Health and Human Services under section 319 of the Public Health Service Act ( 42 U.S.C. 247d ) with respect to COVID–19; and (ii) ends on the date that is 90 days after the date on which such public health emergency terminates. (3) Certain noncitizens outside the United States and unlawful reentrants \nA noncitizen shall be ineligible for status under sections 245B, 245C, 245D, 245E, and 245F if the noncitizen— (A) departed the United States while subject to an order of exclusion, deportation, removal, or voluntary departure; and (B) (i) was outside the United States on January 1, 2021; or (ii) reentered the United States unlawfully after January 1, 2023. (d) Submission of biometric and biographic data; background checks \n(1) In general \nThe Secretary may not grant a noncitizen status under section 245B, 245C, 245D, 245E, or 245F unless the noncitizen submits biometric and biographic data, in accordance with procedures established by the Secretary. (2) Alternative procedure \nThe Secretary shall provide an alternative procedure for noncitizens who are unable to provide such biometric or biographic data due to a physical impairment. (3) Background checks \n(A) In general \nThe Secretary shall use biometric and biographic data— (i) to conduct security and law enforcement background checks; and (ii) to determine whether there is any criminal, national security, or other factor that would render the noncitizen ineligible for status under section 245B, 245C, 245D, 245E, or 245F, as applicable. (B) Completion required \nA noncitizen may not be granted status under section 245B, 245C, 245D, 245E, or 245F unless security and law enforcement background checks are completed to the satisfaction of the Secretary. (e) Eligibility for other statuses \n(1) In general \nA noncitizen’s eligibility for status under section 245B, 245C, 245D, 245E, or 245F shall not preclude the noncitizen from seeking any status under any other provision of law for which the noncitizen may otherwise be eligible. (2) Inapplicability of other provisions \nSection 208(d)(6) shall not apply to any noncitizen who submits an application under section 245B, 245C, 245D, 245E, or 245F. (f) Exemption from numerical limitation \nNothing in this section or section 245B, 245C, 245D, 245E, or 245F or in any other law may be construed— (1) to limit the number of noncitizens who may be granted status under sections 245B, 245C, 245D, 245E, and 245F; or (2) to count against any other numerical limitation under this Act. (g) Procedures \n(1) Opportunity to apply and limitation on removal \nA noncitizen who appears to be prima facie eligible for status under section 245B, 245C, 245D, 245E, or 245F shall be given a reasonable opportunity to apply for such adjustment of status and, if the noncitizen applies within a reasonable period, the noncitizen shall not be removed before— (A) the Secretary has issued a final decision denying relief; (B) a final order of removal has been issued; and (C) the decision of the Secretary is upheld by a court, or the time for initiating judicial review under section 242 has expired, unless the order of removal is based on criminal or national security grounds, in which case removal does not affect the noncitizen’s right to judicial review. (2) Spouses and children \n(A) Family application \nThe Secretary shall establish a process by which a principal applicant and his or her spouse and children may file a single combined application under section 245B, 245C, 245D, 245E, or 245F, including a petition to classify the spouse and children as the spouse and children of the principal applicant. (B) Effect of termination of legal relationship or domestic violence \nIf the spousal or parental relationship between a noncitizen granted lawful prospective immigrant status or lawful permanent resident status under section 245B, 245C, 245D, 245E, or 245F and the noncitizen’s spouse or child is terminated by death, divorce, or annulment, or the spouse or child has been battered or subjected to extreme cruelty by the noncitizen (regardless of whether the legal relationship terminates), the spouse or child may apply independently for lawful prospective immigrant status or lawful permanent resident status if he or she is otherwise eligible. (C) Effect of denial of application or revocation of status \nIf the application of a noncitizen for status under section 245B, 245C, 245D, 245E, or 245F is denied, or his or her status is revoked, the spouse or child of such noncitizen shall remain eligible to apply independently for status under the applicable section. (3) Adjudication \n(A) In general \nThe Secretary shall evaluate each application submitted under section 245B, 245C, 245D, 245E, or 245F to determine whether the applicant meets the applicable requirements. (B) Adjustment of status if favorable determination \nIf the Secretary determines that a noncitizen meets the requirements of section 245B, 245C, 245D, 245E, or 245F, as applicable, the Secretary shall— (i) notify the noncitizen of such determination; and (ii) adjust the status of the noncitizen to that of lawful prospective immigrant or lawful permanent resident, as applicable, effective as of the date of such determination. (C) Documentary evidence of status \n(i) In general \nThe Secretary shall issue documentary evidence of lawful prospective immigrant status or lawful permanent resident status, as applicable, to each noncitizen whose application for such status has been approved. (ii) Elements \nDocumentary evidence issued under clause (i) shall— (I) be machine readable and tamper resistant; (II) contain a digitized photograph of the noncitizen; (III) during the noncitizen’s authorized period of admission, serve as a valid travel and entry document; and (IV) include such other features and information as the Secretary may prescribe. (iii) Employment authorization \nDocumentary evidence issued under clause (i) shall be accepted during the period of its validity by an employer as evidence of employment authorization and identity under section 274A(b)(1)(B); and (D) Adverse determination \nIf the Secretary determines that the noncitizen does not meet the requirements for the status for which the noncitizen applied, the Secretary shall notify the noncitizen of such determination. (E) Withdrawal of application \n(i) In general \nOn receipt of a request to withdraw an application under section 245B, 245C, 245D, 245E, or 245F, the Secretary shall cease processing of the application and close the case. (ii) Effect of withdrawal \nWithdrawal of such an application shall not prejudice any future application filed by the applicant for any immigration benefit under this Act. (F) Document requirements \n(i) Establishing identity \nA noncitizen’s application for status under section 245B, 245C, 245D, 245E, or 245F may include, as evidence of identity, the following: (I) A passport or national identity document from the noncitizen’s country of origin that includes the noncitizen’s name and the noncitizen’s photograph or fingerprint. (II) The noncitizen’s birth certificate and an identity card that includes the noncitizen’s name and photograph. (III) A school identification card that includes the noncitizen’s name and photograph, and school records showing the noncitizen’s name and that the noncitizen is or was enrolled at the school. (IV) A uniformed services identification card issued by the Department of Defense. (V) Any immigration or other document issued by the United States Government bearing the noncitizen’s name and photograph. (VI) A State-issued identification card bearing the noncitizen's name and photograph. (VII) Any other evidence that the Secretary determines to be credible. (ii) Documents establishing continuous physical presence \nEvidence that the noncitizen has been continuously physically present in the United States may include the following: (I) Passport entries, including admission stamps on the noncitizen’s passport. (II) Any document from the Department of Justice or the Department of Homeland Security noting the noncitizen’s date of entry into the United States. (III) Records from any educational institution the noncitizen has attended in the United States. (IV) Employment records of the noncitizen that include the employer’s name and contact information. (V) Records of service from the uniformed services. (VI) Official records from a religious entity confirming the noncitizen’s participation in a religious ceremony. (VII) A birth certificate for a child who was born in the United States. (VIII) Hospital or medical records showing medical treatment or hospitalization, the name of the medical facility or physician, and the date of the treatment or hospitalization. (IX) Automobile license receipts or registration. (X) Deeds, mortgages, or rental agreement contracts. (XI) Rent receipts or utility bills bearing the noncitizen’s name or the name of an immediate family member of the noncitizen, and the noncitizen’s address. (XII) Tax receipts. (XIII) Insurance policies. (XIV) Remittance records, including copies of money order receipts sent in or out of the country. (XV) Travel records, including online or hardcopy airplane, bus and train tickets, itineraries, and hotel or hostel receipts. (XVI) Dated bank transactions. (XVII) Sworn affidavits from at least two individuals who are not related to the noncitizen who have direct knowledge of the noncitizen’s continuous physical presence in the United States, that contain— (aa) the name, address, and telephone number of the affiant; and (bb) the nature and duration of the relationship between the affiant and the noncitizen. (XVIII) Any other evidence determined to be credible. (iii) Documents establishing exemption from application fees \nThe Secretary shall set forth, by regulation, the documents that may be used as evidence that a noncitizen’s application for status under section 245B, 245C, 245D, 245E, or 245F is exempt from an application fee under subsection (b)(2). (iv) Authority to prohibit use of certain documents \nIf the Secretary determines, after publication in the Federal Register and an opportunity for public comment, that any document or class of documents does not reliably establish identity, or that any document or class of documents is frequently being used to obtain relief under this section and is being obtained fraudulently to an unacceptable degree, the Secretary may prohibit or restrict the use of such document or class of documents. (G) Sufficiency of the evidence \n(i) Failure to submit sufficient evidence \nThe Secretary may deny an application under section 245B, 245C, 245D, 245E, or 245F submitted by a noncitizen who fails to submit requested initial evidence, including requested biometric data, or any requested additional evidence, by the date required by the Secretary. (ii) Amended application \nA noncitizen whose application is denied under clause (i) may, without an additional fee, submit to the Secretary an amended application or supplement the existing application if the amended or supplemented application contains the required information and any fee that was missing from the initial application. (iii) Fulfillment of eligibility requirements \nExcept as provided in clause (i), an application— (I) may not be denied for failure to submit particular evidence; and (II) may only be denied on evidentiary grounds if the evidence submitted is not credible or otherwise fails to establish eligibility. (iv) Authority to determine probity of evidence \nThe Secretary may determine— (I) whether evidence is credible; and (II) the weight to be given the evidence. (4) Revocation \n(A) In general \nIf the Secretary determines that a noncitizen fraudulently obtained status under section 245B, 245C, 245D, 245E, or 245F, the Secretary may revoke such status at any time after— (i) providing appropriate notice to the noncitizen; (ii) providing the noncitizen an opportunity to respond; and (iii) the exhaustion or waiver of all applicable administrative review procedures under paragraph (6). (B) Additional evidence \nIn determining whether to revoke a noncitizen’s status under subparagraph (A), the Secretary may require the noncitizen— (i) to submit additional evidence; or (ii) to appear for an interview. (C) Invalidation of documentation \nIf a noncitizen’s status is revoked under subparagraph (A), any documentation issued by the Secretary to the noncitizen under paragraph (3)(C) shall automatically be rendered invalid for any purpose except for departure from the United States. (5) Administrative review \n(A) Exclusive administrative review \nAdministrative review of a determination with respect to an application for status under section 245B, 245C, 245D, 245E, or 245F shall be conducted solely in accordance with this paragraph. (B) Administrative appellate review \n(i) Establishment of administrative appellate authority \nThe Secretary shall establish or designate an appellate authority to provide for a single level of administrative appellate review of denials of applications or petitions submitted, and revocations of status, under sections 245B, 245C, 245D, 245E, and 245F. (ii) Single appeal for each administrative decision \nA noncitizen in the United States whose application for status under section 245B, 245C, 245D, 245E, or 245F has been denied or whose status under any such section has been revoked may submit to the Secretary not more than 1 appeal of each such decision. (iii) Notice of appeal \nA notice of appeal under this paragraph shall be submitted not later than 90 days after the date of service of the denial or revocation, unless a delay beyond the 90-day period is reasonably justifiable. (iv) Review by Secretary \nNothing in this paragraph may be construed to limit the authority of the Secretary to certify appeals for review and final decision. (v) Denial of petitions for spouses and children \nA decision to deny, or revoke approval of, a petition submitted by a noncitizen to classify a spouse or child of the noncitizen as the spouse or child of a noncitizen for purposes of section 245B, 245C, 245D, 245E, or 245F may be appealed under this paragraph. (C) Stay of removal \nNoncitizens seeking administrative review of a denial, or revocation of approval, of an application for status under section 245B, 245C, 245D, 245E, or 245F shall not be removed from the United States before a final decision is rendered establishing ineligibility for such status. (D) Record for review \nAdministrative appellate review under this paragraph shall be de novo and based solely upon— (i) the administrative record established at the time of the determination on the application; and (ii) any additional newly discovered or previously unavailable evidence. (6) Judicial review \nJudicial review of decisions denying, or revoking approval of, applications or petitions under sections 245B, 245C, 245D, 245E, and 245F shall be governed by section 242. (7) Effects while applications are pending \nDuring the period beginning on the date on which a noncitizen applies for status under section 245B, 245C, 245D, 245E, or 245F and ending on the date on which the Secretary makes a final decision on such application— (A) notwithstanding section 212(d)(5)(A), the Secretary shall have the discretion to grant advance parole to the noncitizen; (B) the noncitizen shall not be considered an unauthorized noncitizen (as defined in section 274A(h)(3)). (8) Employment \n(A) Receipt of application \nAs soon as practicable after receiving an application for status under section 245B, 245C, 245D, 245E, or 245F, the Secretary shall provide the applicant with a document acknowledging receipt of such application. (B) Employment authorization \nA document issued under subparagraph (A) shall— (i) serve as interim proof of the noncitizen’s authorization to accept employment in the United States; and (ii) be accepted by an employer as evidence of employment authorization under section 274A(b)(1)(C) pending a final decision on the application. (C) Employer protection \nAn employer who knows that a noncitizen employee is an applicant for status under section 245B, 245C, 245D, 245E, or 245F or intends to apply for any such status, and who continues to employ the noncitizen pending a final decision on the noncitizen employee’s application, shall not be considered to be in violation of section 274A(a)(2) for hiring, employment, or continued employment of the noncitizen. (9) Information privacy \n(A) In general \nExcept as provided in subparagraph (B), no officer or employee of the United States may— (i) use the information provided by a noncitizen pursuant to an application submitted under section 245B, 245C, 245D, 245E, or 245F to initiate removal proceedings against any person identified in the application; (ii) make any publication whereby the information provided by any particular individual pursuant to such an application may be identified; or (iii) permit any individual other than an officer or employee of the Federal agency to which such an application is submitted to examine the application. (B) Required disclosure \nNotwithstanding subparagraph (A), the Attorney General or the Secretary shall provide the information provided in an application under section 245B, 245C, 245D, 245E, or 245F, and any other information derived from such information, to— (i) a duly recognized law enforcement entity in connection with an investigation or prosecution of an offense described in paragraph (2) or (3) of section 212(a), if such information is requested in writing by such entity; or (ii) an official coroner for purposes of affirmatively identifying a deceased individual (whether or not such individual is deceased as a result of a crime). (C) Penalty \nWhoever knowingly uses, publishes, or permits information to be examined in violation of this section shall be fined not more than $50,000. (D) Safeguards \nThe Secretary shall require appropriate administrative and physical safeguards to protect against disclosure and uses of information that violate this paragraph. (E) Annual assessment \nNot less frequently than annually, the Secretary shall conduct an assessment that, for the preceding calendar year— (i) analyzes the effectiveness of the safeguards under subparagraph (D); (ii) determines the number of authorized disclosures made; and (iii) determines the number of disclosures prohibited by subparagraph (A) made. (10) Language assistance \nThe Secretary, in consultation with the Attorney General, shall make available forms and accompanying instructions in the most common languages spoken in the United States, as determined by the Secretary. (11) Reasonable accommodations \nThe Secretary shall develop a plan for providing reasonable accommodation, consistent with applicable law, to applicants for status under sections 245B, 245C, 245D, 245E, and 245F with disabilities (as defined in section 3(1) of the Americans with Disabilities Act of 1990 ( 42 U.S.C. 12102(1) )). (h) Definitions \nIn this section and sections 245B, 245C, 245D, 245E, and 245F: (1) Final decision \nThe term final decision means a decision or an order issued by the Secretary under this section after the period for requesting administrative review under subsection (g)(5) has expired or the challenged decision was affirmed after such administrative review. (2) Secretary \nThe term Secretary means the Secretary of Homeland Security. (3) Uniformed services \nThe term uniformed services has the meaning given the term in section 101(a) of title 10, United States Code..", "id": "HFBEA3A66AF994DB4B6F9B373BED24AB6", "header": "In general", "nested": [], "links": [ { "text": "8 U.S.C. 1255 et seq.", "legal-doc": "usc", "parsable-cite": "usc/8/1255" }, { "text": "Public Law 110–229", "legal-doc": "public-law", "parsable-cite": "pl/110/229" }, { "text": "42 U.S.C. 247d", "legal-doc": "usc", "parsable-cite": "usc/42/247d" }, { "text": "42 U.S.C. 12102(1)", "legal-doc": "usc", "parsable-cite": "usc/42/12102" } ] }, { "text": "(b) Rulemaking \n(1) Rules implementing sections 245B, 245D, 245E, 245F, and 245G \n(A) In general \nNot later than 1 year after the date of the enactment of this Act, the Secretary shall issue interim final rules, published in the Federal Register, implementing sections 245B, 245D, 245E, 245F, and 245G of the Immigration and Nationality Act, as added by this subtitle. (B) Effective date \nNotwithstanding section 553 of title 5, United States Code, the rules issued under this paragraph shall be effective, on an interim basis, immediately upon publication, but may be subject to change and revision after public notice and opportunity for a period of public comment. (C) Final rules \nNot later than 180 days after the date of publication under subparagraph (B), the Secretary shall finalize the interim rules. (2) Rules implementing section 245C \nNot later than 180 days after the date of the enactment of this Act, the Secretary shall issue a final rule implementing section 245C of the Immigration and Nationality Act, as added by this subtitle. (3) Requirement \nThe rules issued under this subsection shall prescribe the evidence required to demonstrate eligibility for status under sections 245B, 245C, 245D, 245E, and 245F of the Immigration and Nationality Act, as added by this subtitle, or otherwise required to apply for status under such sections.", "id": "H683D495F0B784DD38CA5DD52D781F65C", "header": "Rulemaking", "nested": [], "links": [] }, { "text": "(c) Paperwork Reduction Act \nThe requirements under chapter 35 of title 44, United States Code (commonly known as the Paperwork Reduction Act ), shall not apply to any action to implement this title.", "id": "H960E5AD5FF8B4C2CBA58ECEFDB0F055E", "header": "Paperwork Reduction Act", "nested": [], "links": [ { "text": "chapter 35", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/44/35" } ] }, { "text": "(d) Technical and conforming amendment \nThe table of contents for the Immigration and Nationality Act ( 8 U.S.C. 1101 et seq. ), as amended by section 1105, is further amended by inserting after the item relating to section 245F the following: Sec. 245G. General provisions relating to adjustment of status..", "id": "HFDAD584C342B4F93BD638DE3ACE96AA2", "header": "Technical and conforming amendment", "nested": [], "links": [ { "text": "8 U.S.C. 1101 et seq.", "legal-doc": "usc", "parsable-cite": "usc/8/1101" } ] } ], "links": [ { "text": "8 U.S.C. 1255 et seq.", "legal-doc": "usc", "parsable-cite": "usc/8/1255" }, { "text": "Public Law 110–229", "legal-doc": "public-law", "parsable-cite": "pl/110/229" }, { "text": "42 U.S.C. 247d", "legal-doc": "usc", "parsable-cite": "usc/42/247d" }, { "text": "42 U.S.C. 12102(1)", "legal-doc": "usc", "parsable-cite": "usc/42/12102" }, { "text": "chapter 35", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/44/35" }, { "text": "8 U.S.C. 1101 et seq.", "legal-doc": "usc", "parsable-cite": "usc/8/1101" } ] }, { "text": "245G. General provisions relating to adjustment of status \n(a) Applicability \nUnless otherwise specified, the provisions of this section shall apply to sections 245B, 245C, 245D, 245E, and 245F. (b) Common eligibility requirements for applications under sections 245B, 245C, 245D, 245E, and 245F \nUnless otherwise specified, a noncitizen applying for status under section 245B, 245C, 245D, 245E, or 245F shall satisfy the following requirements: (1) Submittal of application \nThe noncitizen shall submit a completed application to the Secretary at such time, in such manner, and containing such information as the Secretary shall require. (2) Payment of fees \n(A) In general \nA noncitizen who is 18 years of age or older shall pay to the Department of Homeland Security a processing fee in an amount determined by the Secretary. (B) Recovery of costs \nThe processing fee referred to in subparagraph (A) shall be set at a level sufficient to recover the cost of processing the application. (C) Authority to limit fees \nThe Secretary may— (i) limit the maximum processing fee payable under this paragraph by a family; and (ii) for good cause, exempt individual applicants or defined classes of applicants from the requirement to pay fees under this paragraph. (D) Deposit \nFees collected under this paragraph shall be deposited into the Immigration Examinations Fee Account pursuant to section 286(m). (3) Physical presence \n(A) Date of submittal of application \nThe noncitizen shall be physically present in the United States on the date on which the application is submitted. (B) Continuous physical presence \n(i) In general \nExcept as provided in clause (ii), the noncitizen shall have been continuously physically present in the United States beginning on January 1, 2023, and ending on the date on which the application is approved. (ii) Exceptions \n(I) Authorized absence \nA noncitizen who departed temporarily from the United States shall not be considered to have failed to maintain continuous physical presence in the United States during any period of travel that was authorized by the Secretary. (II) Brief, casual, and innocent absences \n(aa) In general \nA noncitizen who departed temporarily from the United States shall not be considered to have failed to maintain continuous physical presence in the United States if the noncitizen’s absences from the United States are brief, casual, and innocent, whether or not such absences were authorized by the Secretary. (bb) Absences more than 180 days \nFor purposes of this clause, an absence of more than 180 days, in the aggregate, during a calendar year shall not be considered brief, unless the Secretary finds that the length of the absence was due to circumstances beyond the noncitizen’s control, including the serious illness of the noncitizen, death or serious illness of a spouse, parent, grandparent, grandchild, sibling, son, or daughter of the noncitizen, or due to international travel restrictions. (iii) Effect of notice to appear \nIssuance of a notice to appear under section 239(a) shall not be considered to interrupt the continuity of a noncitizen’s continuous physical presence in the United States. (4) Waiver for noncitizens previously removed \n(A) In general \nWith respect to a noncitizen who was removed from or who departed the United States on or after January 20, 2017, and who was continuously physically present in the United States for not fewer than 3 years immediately preceding the date on which the noncitizen was removed or departed, the Secretary may waive, for humanitarian purposes, to ensure family unity, or if such a waiver is otherwise in the public interest, the application of— (i) paragraph (3)(A); and (ii) in the case of an applicant for lawful prospective immigrant status under section 245B, if the applicant has not reentered the United States unlawfully after January 1, 2023, subsection (c)(3). (B) Application procedure \nThe Secretary, in consultation with the Secretary of State, shall establish a procedure by which a noncitizen, while outside the United States, may apply for status under section 245B, 245C, 245D, 245E, or 245F, as applicable, if the noncitizen would have been eligible for such status but for the noncitizen's removal or departure. (c) Grounds for ineligibility \n(1) Certain grounds of inadmissibility \n(A) In general \nSubject to subparagraph (B), a noncitizen shall be ineligible for status under sections 245B, 245C, 245D, 245E, and 245F if the noncitizen— (i) is inadmissible under paragraph (2), (3), (6)(E), (8), (10)(C), or (10)(E) of section 212(a); (ii) has been convicted of a felony offense (excluding any offense under State law for which an essential element in the noncitizen's immigration status); or (iii) has been convicted of 3 or more misdemeanor offenses (excluding simple possession of cannabis or cannabis-related paraphernalia, any offense involving cannabis or cannabis-related paraphernalia that is no longer prosecutable in the State in which the conviction was entered, any offense under State law for which an essential element is the noncitizen’s immigration status, any offense involving civil disobedience without violence, and any minor traffic offense) not occurring on the same date, and not arising out of the same act, omission, or scheme of misconduct. (B) Waivers \n(i) In general \nFor purposes of subparagraph (A), the Secretary may, for humanitarian purposes, family unity, or if otherwise in the public interest— (I) waive inadmissibility under— (aa) subparagraphs (A), (C), and (D) of section 212(a)(2); and (bb) paragraphs (6)(E), (8), (10)(C), and (10)(E) of such section; (II) waive ineligibility under subparagraph (A)(ii) (excluding offenses described in section 101(a)(43)(A)) or inadmissibility under subparagraph (B) of section 212(a)(2) if the noncitizen has not been convicted of any offense during the 10-year period preceding the date on which the noncitizen applies for status under section 245B, 245C, 245D, 245E, or 245F, as applicable; and (III) for purposes of subparagraph (A)(iii), waive consideration of— (aa) 1 misdemeanor offense if, during the 5-year period preceding the date on which the noncitizen applies for status under section 245B, 245C, 245D, 245E, or 245F, as applicable, the noncitizen has not been convicted of any offense; or (bb) 2 misdemeanor offenses if, during the 10-year period preceding such date, the noncitizen has not been convicted of any offense. (ii) Considerations \nIn making a determination under subparagraph (B), the Secretary of Homeland Security or the Attorney General shall consider all mitigating and aggravating factors, including— (I) the severity of the underlying circumstances, conduct, or violation; (II) the duration of the noncitizen’s residence in the United States; (III) evidence of rehabilitation, if applicable; and (IV) the extent to which the noncitizen’s removal, or the denial of the noncitizen’s application, would adversely affect the noncitizen or the noncitizen’s United States citizen or lawful permanent resident family members. (2) Noncitizens in certain immigration statuses \n(A) In general \nA noncitizen shall be ineligible for status under sections 245B, 245C, 245D, 245E, and 245F if on January 1, 2023, the noncitizen was any of the following: (i) A lawful permanent resident. (ii) A noncitizen admitted as a refugee under section 207 or granted asylum under section 208. (iii) A noncitizen who, according to the records of the Secretary or the Secretary of State, is in a period of authorized stay in a nonimmigrant status described in section 101(a)(15)(A), other than— (I) a spouse or a child of a noncitizen eligible for status under section 245B, 245C, 245D, 245E, or 245F; (II) a noncitizen considered to be in a nonimmigrant status solely by reason of section 702 of the Consolidated Natural Resources Act of 2008 ( Public Law 110–229 ; 122 Stat. 854) or section 244(f)(4) of this Act; (III) a nonimmigrant described in section 101(a)(15)(H)(ii)(a); and (IV) a noncitizen who has engaged in essential critical infrastructure labor or services , as described in the Advisory Memorandum on Identification of Essential Critical Infrastructure Workers During COVID–19 Response (as revised by the Department of Homeland Security) during the period described in subparagraph (B). (iv) A noncitizen paroled into the Commonwealth of the Northern Mariana Islands or Guam who did not reside in the Commonwealth or Guam on November 28, 2009. (B) Period described \nThe period described in this subparagraph is the period that— (i) begins on the first day of the public health emergency declared by the Secretary of Health and Human Services under section 319 of the Public Health Service Act ( 42 U.S.C. 247d ) with respect to COVID–19; and (ii) ends on the date that is 90 days after the date on which such public health emergency terminates. (3) Certain noncitizens outside the United States and unlawful reentrants \nA noncitizen shall be ineligible for status under sections 245B, 245C, 245D, 245E, and 245F if the noncitizen— (A) departed the United States while subject to an order of exclusion, deportation, removal, or voluntary departure; and (B) (i) was outside the United States on January 1, 2021; or (ii) reentered the United States unlawfully after January 1, 2023. (d) Submission of biometric and biographic data; background checks \n(1) In general \nThe Secretary may not grant a noncitizen status under section 245B, 245C, 245D, 245E, or 245F unless the noncitizen submits biometric and biographic data, in accordance with procedures established by the Secretary. (2) Alternative procedure \nThe Secretary shall provide an alternative procedure for noncitizens who are unable to provide such biometric or biographic data due to a physical impairment. (3) Background checks \n(A) In general \nThe Secretary shall use biometric and biographic data— (i) to conduct security and law enforcement background checks; and (ii) to determine whether there is any criminal, national security, or other factor that would render the noncitizen ineligible for status under section 245B, 245C, 245D, 245E, or 245F, as applicable. (B) Completion required \nA noncitizen may not be granted status under section 245B, 245C, 245D, 245E, or 245F unless security and law enforcement background checks are completed to the satisfaction of the Secretary. (e) Eligibility for other statuses \n(1) In general \nA noncitizen’s eligibility for status under section 245B, 245C, 245D, 245E, or 245F shall not preclude the noncitizen from seeking any status under any other provision of law for which the noncitizen may otherwise be eligible. (2) Inapplicability of other provisions \nSection 208(d)(6) shall not apply to any noncitizen who submits an application under section 245B, 245C, 245D, 245E, or 245F. (f) Exemption from numerical limitation \nNothing in this section or section 245B, 245C, 245D, 245E, or 245F or in any other law may be construed— (1) to limit the number of noncitizens who may be granted status under sections 245B, 245C, 245D, 245E, and 245F; or (2) to count against any other numerical limitation under this Act. (g) Procedures \n(1) Opportunity to apply and limitation on removal \nA noncitizen who appears to be prima facie eligible for status under section 245B, 245C, 245D, 245E, or 245F shall be given a reasonable opportunity to apply for such adjustment of status and, if the noncitizen applies within a reasonable period, the noncitizen shall not be removed before— (A) the Secretary has issued a final decision denying relief; (B) a final order of removal has been issued; and (C) the decision of the Secretary is upheld by a court, or the time for initiating judicial review under section 242 has expired, unless the order of removal is based on criminal or national security grounds, in which case removal does not affect the noncitizen’s right to judicial review. (2) Spouses and children \n(A) Family application \nThe Secretary shall establish a process by which a principal applicant and his or her spouse and children may file a single combined application under section 245B, 245C, 245D, 245E, or 245F, including a petition to classify the spouse and children as the spouse and children of the principal applicant. (B) Effect of termination of legal relationship or domestic violence \nIf the spousal or parental relationship between a noncitizen granted lawful prospective immigrant status or lawful permanent resident status under section 245B, 245C, 245D, 245E, or 245F and the noncitizen’s spouse or child is terminated by death, divorce, or annulment, or the spouse or child has been battered or subjected to extreme cruelty by the noncitizen (regardless of whether the legal relationship terminates), the spouse or child may apply independently for lawful prospective immigrant status or lawful permanent resident status if he or she is otherwise eligible. (C) Effect of denial of application or revocation of status \nIf the application of a noncitizen for status under section 245B, 245C, 245D, 245E, or 245F is denied, or his or her status is revoked, the spouse or child of such noncitizen shall remain eligible to apply independently for status under the applicable section. (3) Adjudication \n(A) In general \nThe Secretary shall evaluate each application submitted under section 245B, 245C, 245D, 245E, or 245F to determine whether the applicant meets the applicable requirements. (B) Adjustment of status if favorable determination \nIf the Secretary determines that a noncitizen meets the requirements of section 245B, 245C, 245D, 245E, or 245F, as applicable, the Secretary shall— (i) notify the noncitizen of such determination; and (ii) adjust the status of the noncitizen to that of lawful prospective immigrant or lawful permanent resident, as applicable, effective as of the date of such determination. (C) Documentary evidence of status \n(i) In general \nThe Secretary shall issue documentary evidence of lawful prospective immigrant status or lawful permanent resident status, as applicable, to each noncitizen whose application for such status has been approved. (ii) Elements \nDocumentary evidence issued under clause (i) shall— (I) be machine readable and tamper resistant; (II) contain a digitized photograph of the noncitizen; (III) during the noncitizen’s authorized period of admission, serve as a valid travel and entry document; and (IV) include such other features and information as the Secretary may prescribe. (iii) Employment authorization \nDocumentary evidence issued under clause (i) shall be accepted during the period of its validity by an employer as evidence of employment authorization and identity under section 274A(b)(1)(B); and (D) Adverse determination \nIf the Secretary determines that the noncitizen does not meet the requirements for the status for which the noncitizen applied, the Secretary shall notify the noncitizen of such determination. (E) Withdrawal of application \n(i) In general \nOn receipt of a request to withdraw an application under section 245B, 245C, 245D, 245E, or 245F, the Secretary shall cease processing of the application and close the case. (ii) Effect of withdrawal \nWithdrawal of such an application shall not prejudice any future application filed by the applicant for any immigration benefit under this Act. (F) Document requirements \n(i) Establishing identity \nA noncitizen’s application for status under section 245B, 245C, 245D, 245E, or 245F may include, as evidence of identity, the following: (I) A passport or national identity document from the noncitizen’s country of origin that includes the noncitizen’s name and the noncitizen’s photograph or fingerprint. (II) The noncitizen’s birth certificate and an identity card that includes the noncitizen’s name and photograph. (III) A school identification card that includes the noncitizen’s name and photograph, and school records showing the noncitizen’s name and that the noncitizen is or was enrolled at the school. (IV) A uniformed services identification card issued by the Department of Defense. (V) Any immigration or other document issued by the United States Government bearing the noncitizen’s name and photograph. (VI) A State-issued identification card bearing the noncitizen's name and photograph. (VII) Any other evidence that the Secretary determines to be credible. (ii) Documents establishing continuous physical presence \nEvidence that the noncitizen has been continuously physically present in the United States may include the following: (I) Passport entries, including admission stamps on the noncitizen’s passport. (II) Any document from the Department of Justice or the Department of Homeland Security noting the noncitizen’s date of entry into the United States. (III) Records from any educational institution the noncitizen has attended in the United States. (IV) Employment records of the noncitizen that include the employer’s name and contact information. (V) Records of service from the uniformed services. (VI) Official records from a religious entity confirming the noncitizen’s participation in a religious ceremony. (VII) A birth certificate for a child who was born in the United States. (VIII) Hospital or medical records showing medical treatment or hospitalization, the name of the medical facility or physician, and the date of the treatment or hospitalization. (IX) Automobile license receipts or registration. (X) Deeds, mortgages, or rental agreement contracts. (XI) Rent receipts or utility bills bearing the noncitizen’s name or the name of an immediate family member of the noncitizen, and the noncitizen’s address. (XII) Tax receipts. (XIII) Insurance policies. (XIV) Remittance records, including copies of money order receipts sent in or out of the country. (XV) Travel records, including online or hardcopy airplane, bus and train tickets, itineraries, and hotel or hostel receipts. (XVI) Dated bank transactions. (XVII) Sworn affidavits from at least two individuals who are not related to the noncitizen who have direct knowledge of the noncitizen’s continuous physical presence in the United States, that contain— (aa) the name, address, and telephone number of the affiant; and (bb) the nature and duration of the relationship between the affiant and the noncitizen. (XVIII) Any other evidence determined to be credible. (iii) Documents establishing exemption from application fees \nThe Secretary shall set forth, by regulation, the documents that may be used as evidence that a noncitizen’s application for status under section 245B, 245C, 245D, 245E, or 245F is exempt from an application fee under subsection (b)(2). (iv) Authority to prohibit use of certain documents \nIf the Secretary determines, after publication in the Federal Register and an opportunity for public comment, that any document or class of documents does not reliably establish identity, or that any document or class of documents is frequently being used to obtain relief under this section and is being obtained fraudulently to an unacceptable degree, the Secretary may prohibit or restrict the use of such document or class of documents. (G) Sufficiency of the evidence \n(i) Failure to submit sufficient evidence \nThe Secretary may deny an application under section 245B, 245C, 245D, 245E, or 245F submitted by a noncitizen who fails to submit requested initial evidence, including requested biometric data, or any requested additional evidence, by the date required by the Secretary. (ii) Amended application \nA noncitizen whose application is denied under clause (i) may, without an additional fee, submit to the Secretary an amended application or supplement the existing application if the amended or supplemented application contains the required information and any fee that was missing from the initial application. (iii) Fulfillment of eligibility requirements \nExcept as provided in clause (i), an application— (I) may not be denied for failure to submit particular evidence; and (II) may only be denied on evidentiary grounds if the evidence submitted is not credible or otherwise fails to establish eligibility. (iv) Authority to determine probity of evidence \nThe Secretary may determine— (I) whether evidence is credible; and (II) the weight to be given the evidence. (4) Revocation \n(A) In general \nIf the Secretary determines that a noncitizen fraudulently obtained status under section 245B, 245C, 245D, 245E, or 245F, the Secretary may revoke such status at any time after— (i) providing appropriate notice to the noncitizen; (ii) providing the noncitizen an opportunity to respond; and (iii) the exhaustion or waiver of all applicable administrative review procedures under paragraph (6). (B) Additional evidence \nIn determining whether to revoke a noncitizen’s status under subparagraph (A), the Secretary may require the noncitizen— (i) to submit additional evidence; or (ii) to appear for an interview. (C) Invalidation of documentation \nIf a noncitizen’s status is revoked under subparagraph (A), any documentation issued by the Secretary to the noncitizen under paragraph (3)(C) shall automatically be rendered invalid for any purpose except for departure from the United States. (5) Administrative review \n(A) Exclusive administrative review \nAdministrative review of a determination with respect to an application for status under section 245B, 245C, 245D, 245E, or 245F shall be conducted solely in accordance with this paragraph. (B) Administrative appellate review \n(i) Establishment of administrative appellate authority \nThe Secretary shall establish or designate an appellate authority to provide for a single level of administrative appellate review of denials of applications or petitions submitted, and revocations of status, under sections 245B, 245C, 245D, 245E, and 245F. (ii) Single appeal for each administrative decision \nA noncitizen in the United States whose application for status under section 245B, 245C, 245D, 245E, or 245F has been denied or whose status under any such section has been revoked may submit to the Secretary not more than 1 appeal of each such decision. (iii) Notice of appeal \nA notice of appeal under this paragraph shall be submitted not later than 90 days after the date of service of the denial or revocation, unless a delay beyond the 90-day period is reasonably justifiable. (iv) Review by Secretary \nNothing in this paragraph may be construed to limit the authority of the Secretary to certify appeals for review and final decision. (v) Denial of petitions for spouses and children \nA decision to deny, or revoke approval of, a petition submitted by a noncitizen to classify a spouse or child of the noncitizen as the spouse or child of a noncitizen for purposes of section 245B, 245C, 245D, 245E, or 245F may be appealed under this paragraph. (C) Stay of removal \nNoncitizens seeking administrative review of a denial, or revocation of approval, of an application for status under section 245B, 245C, 245D, 245E, or 245F shall not be removed from the United States before a final decision is rendered establishing ineligibility for such status. (D) Record for review \nAdministrative appellate review under this paragraph shall be de novo and based solely upon— (i) the administrative record established at the time of the determination on the application; and (ii) any additional newly discovered or previously unavailable evidence. (6) Judicial review \nJudicial review of decisions denying, or revoking approval of, applications or petitions under sections 245B, 245C, 245D, 245E, and 245F shall be governed by section 242. (7) Effects while applications are pending \nDuring the period beginning on the date on which a noncitizen applies for status under section 245B, 245C, 245D, 245E, or 245F and ending on the date on which the Secretary makes a final decision on such application— (A) notwithstanding section 212(d)(5)(A), the Secretary shall have the discretion to grant advance parole to the noncitizen; (B) the noncitizen shall not be considered an unauthorized noncitizen (as defined in section 274A(h)(3)). (8) Employment \n(A) Receipt of application \nAs soon as practicable after receiving an application for status under section 245B, 245C, 245D, 245E, or 245F, the Secretary shall provide the applicant with a document acknowledging receipt of such application. (B) Employment authorization \nA document issued under subparagraph (A) shall— (i) serve as interim proof of the noncitizen’s authorization to accept employment in the United States; and (ii) be accepted by an employer as evidence of employment authorization under section 274A(b)(1)(C) pending a final decision on the application. (C) Employer protection \nAn employer who knows that a noncitizen employee is an applicant for status under section 245B, 245C, 245D, 245E, or 245F or intends to apply for any such status, and who continues to employ the noncitizen pending a final decision on the noncitizen employee’s application, shall not be considered to be in violation of section 274A(a)(2) for hiring, employment, or continued employment of the noncitizen. (9) Information privacy \n(A) In general \nExcept as provided in subparagraph (B), no officer or employee of the United States may— (i) use the information provided by a noncitizen pursuant to an application submitted under section 245B, 245C, 245D, 245E, or 245F to initiate removal proceedings against any person identified in the application; (ii) make any publication whereby the information provided by any particular individual pursuant to such an application may be identified; or (iii) permit any individual other than an officer or employee of the Federal agency to which such an application is submitted to examine the application. (B) Required disclosure \nNotwithstanding subparagraph (A), the Attorney General or the Secretary shall provide the information provided in an application under section 245B, 245C, 245D, 245E, or 245F, and any other information derived from such information, to— (i) a duly recognized law enforcement entity in connection with an investigation or prosecution of an offense described in paragraph (2) or (3) of section 212(a), if such information is requested in writing by such entity; or (ii) an official coroner for purposes of affirmatively identifying a deceased individual (whether or not such individual is deceased as a result of a crime). (C) Penalty \nWhoever knowingly uses, publishes, or permits information to be examined in violation of this section shall be fined not more than $50,000. (D) Safeguards \nThe Secretary shall require appropriate administrative and physical safeguards to protect against disclosure and uses of information that violate this paragraph. (E) Annual assessment \nNot less frequently than annually, the Secretary shall conduct an assessment that, for the preceding calendar year— (i) analyzes the effectiveness of the safeguards under subparagraph (D); (ii) determines the number of authorized disclosures made; and (iii) determines the number of disclosures prohibited by subparagraph (A) made. (10) Language assistance \nThe Secretary, in consultation with the Attorney General, shall make available forms and accompanying instructions in the most common languages spoken in the United States, as determined by the Secretary. (11) Reasonable accommodations \nThe Secretary shall develop a plan for providing reasonable accommodation, consistent with applicable law, to applicants for status under sections 245B, 245C, 245D, 245E, and 245F with disabilities (as defined in section 3(1) of the Americans with Disabilities Act of 1990 ( 42 U.S.C. 12102(1) )). (h) Definitions \nIn this section and sections 245B, 245C, 245D, 245E, and 245F: (1) Final decision \nThe term final decision means a decision or an order issued by the Secretary under this section after the period for requesting administrative review under subsection (g)(5) has expired or the challenged decision was affirmed after such administrative review. (2) Secretary \nThe term Secretary means the Secretary of Homeland Security. (3) Uniformed services \nThe term uniformed services has the meaning given the term in section 101(a) of title 10, United States Code.", "id": "HBB1044EAD5484AA9B64C63DF36DA7463", "header": "General provisions relating to adjustment of status", "nested": [ { "text": "(a) Applicability \nUnless otherwise specified, the provisions of this section shall apply to sections 245B, 245C, 245D, 245E, and 245F.", "id": "H8BB5465E7F724C608412538AB72C8ABF", "header": "Applicability", "nested": [], "links": [] }, { "text": "(b) Common eligibility requirements for applications under sections 245B, 245C, 245D, 245E, and 245F \nUnless otherwise specified, a noncitizen applying for status under section 245B, 245C, 245D, 245E, or 245F shall satisfy the following requirements: (1) Submittal of application \nThe noncitizen shall submit a completed application to the Secretary at such time, in such manner, and containing such information as the Secretary shall require. (2) Payment of fees \n(A) In general \nA noncitizen who is 18 years of age or older shall pay to the Department of Homeland Security a processing fee in an amount determined by the Secretary. (B) Recovery of costs \nThe processing fee referred to in subparagraph (A) shall be set at a level sufficient to recover the cost of processing the application. (C) Authority to limit fees \nThe Secretary may— (i) limit the maximum processing fee payable under this paragraph by a family; and (ii) for good cause, exempt individual applicants or defined classes of applicants from the requirement to pay fees under this paragraph. (D) Deposit \nFees collected under this paragraph shall be deposited into the Immigration Examinations Fee Account pursuant to section 286(m). (3) Physical presence \n(A) Date of submittal of application \nThe noncitizen shall be physically present in the United States on the date on which the application is submitted. (B) Continuous physical presence \n(i) In general \nExcept as provided in clause (ii), the noncitizen shall have been continuously physically present in the United States beginning on January 1, 2023, and ending on the date on which the application is approved. (ii) Exceptions \n(I) Authorized absence \nA noncitizen who departed temporarily from the United States shall not be considered to have failed to maintain continuous physical presence in the United States during any period of travel that was authorized by the Secretary. (II) Brief, casual, and innocent absences \n(aa) In general \nA noncitizen who departed temporarily from the United States shall not be considered to have failed to maintain continuous physical presence in the United States if the noncitizen’s absences from the United States are brief, casual, and innocent, whether or not such absences were authorized by the Secretary. (bb) Absences more than 180 days \nFor purposes of this clause, an absence of more than 180 days, in the aggregate, during a calendar year shall not be considered brief, unless the Secretary finds that the length of the absence was due to circumstances beyond the noncitizen’s control, including the serious illness of the noncitizen, death or serious illness of a spouse, parent, grandparent, grandchild, sibling, son, or daughter of the noncitizen, or due to international travel restrictions. (iii) Effect of notice to appear \nIssuance of a notice to appear under section 239(a) shall not be considered to interrupt the continuity of a noncitizen’s continuous physical presence in the United States. (4) Waiver for noncitizens previously removed \n(A) In general \nWith respect to a noncitizen who was removed from or who departed the United States on or after January 20, 2017, and who was continuously physically present in the United States for not fewer than 3 years immediately preceding the date on which the noncitizen was removed or departed, the Secretary may waive, for humanitarian purposes, to ensure family unity, or if such a waiver is otherwise in the public interest, the application of— (i) paragraph (3)(A); and (ii) in the case of an applicant for lawful prospective immigrant status under section 245B, if the applicant has not reentered the United States unlawfully after January 1, 2023, subsection (c)(3). (B) Application procedure \nThe Secretary, in consultation with the Secretary of State, shall establish a procedure by which a noncitizen, while outside the United States, may apply for status under section 245B, 245C, 245D, 245E, or 245F, as applicable, if the noncitizen would have been eligible for such status but for the noncitizen's removal or departure.", "id": "H6909A90B99E948738F1B429BB4838D3D", "header": "Common eligibility requirements for applications under sections 245B, 245C, 245D, 245E, and 245F", "nested": [], "links": [] }, { "text": "(c) Grounds for ineligibility \n(1) Certain grounds of inadmissibility \n(A) In general \nSubject to subparagraph (B), a noncitizen shall be ineligible for status under sections 245B, 245C, 245D, 245E, and 245F if the noncitizen— (i) is inadmissible under paragraph (2), (3), (6)(E), (8), (10)(C), or (10)(E) of section 212(a); (ii) has been convicted of a felony offense (excluding any offense under State law for which an essential element in the noncitizen's immigration status); or (iii) has been convicted of 3 or more misdemeanor offenses (excluding simple possession of cannabis or cannabis-related paraphernalia, any offense involving cannabis or cannabis-related paraphernalia that is no longer prosecutable in the State in which the conviction was entered, any offense under State law for which an essential element is the noncitizen’s immigration status, any offense involving civil disobedience without violence, and any minor traffic offense) not occurring on the same date, and not arising out of the same act, omission, or scheme of misconduct. (B) Waivers \n(i) In general \nFor purposes of subparagraph (A), the Secretary may, for humanitarian purposes, family unity, or if otherwise in the public interest— (I) waive inadmissibility under— (aa) subparagraphs (A), (C), and (D) of section 212(a)(2); and (bb) paragraphs (6)(E), (8), (10)(C), and (10)(E) of such section; (II) waive ineligibility under subparagraph (A)(ii) (excluding offenses described in section 101(a)(43)(A)) or inadmissibility under subparagraph (B) of section 212(a)(2) if the noncitizen has not been convicted of any offense during the 10-year period preceding the date on which the noncitizen applies for status under section 245B, 245C, 245D, 245E, or 245F, as applicable; and (III) for purposes of subparagraph (A)(iii), waive consideration of— (aa) 1 misdemeanor offense if, during the 5-year period preceding the date on which the noncitizen applies for status under section 245B, 245C, 245D, 245E, or 245F, as applicable, the noncitizen has not been convicted of any offense; or (bb) 2 misdemeanor offenses if, during the 10-year period preceding such date, the noncitizen has not been convicted of any offense. (ii) Considerations \nIn making a determination under subparagraph (B), the Secretary of Homeland Security or the Attorney General shall consider all mitigating and aggravating factors, including— (I) the severity of the underlying circumstances, conduct, or violation; (II) the duration of the noncitizen’s residence in the United States; (III) evidence of rehabilitation, if applicable; and (IV) the extent to which the noncitizen’s removal, or the denial of the noncitizen’s application, would adversely affect the noncitizen or the noncitizen’s United States citizen or lawful permanent resident family members. (2) Noncitizens in certain immigration statuses \n(A) In general \nA noncitizen shall be ineligible for status under sections 245B, 245C, 245D, 245E, and 245F if on January 1, 2023, the noncitizen was any of the following: (i) A lawful permanent resident. (ii) A noncitizen admitted as a refugee under section 207 or granted asylum under section 208. (iii) A noncitizen who, according to the records of the Secretary or the Secretary of State, is in a period of authorized stay in a nonimmigrant status described in section 101(a)(15)(A), other than— (I) a spouse or a child of a noncitizen eligible for status under section 245B, 245C, 245D, 245E, or 245F; (II) a noncitizen considered to be in a nonimmigrant status solely by reason of section 702 of the Consolidated Natural Resources Act of 2008 ( Public Law 110–229 ; 122 Stat. 854) or section 244(f)(4) of this Act; (III) a nonimmigrant described in section 101(a)(15)(H)(ii)(a); and (IV) a noncitizen who has engaged in essential critical infrastructure labor or services , as described in the Advisory Memorandum on Identification of Essential Critical Infrastructure Workers During COVID–19 Response (as revised by the Department of Homeland Security) during the period described in subparagraph (B). (iv) A noncitizen paroled into the Commonwealth of the Northern Mariana Islands or Guam who did not reside in the Commonwealth or Guam on November 28, 2009. (B) Period described \nThe period described in this subparagraph is the period that— (i) begins on the first day of the public health emergency declared by the Secretary of Health and Human Services under section 319 of the Public Health Service Act ( 42 U.S.C. 247d ) with respect to COVID–19; and (ii) ends on the date that is 90 days after the date on which such public health emergency terminates. (3) Certain noncitizens outside the United States and unlawful reentrants \nA noncitizen shall be ineligible for status under sections 245B, 245C, 245D, 245E, and 245F if the noncitizen— (A) departed the United States while subject to an order of exclusion, deportation, removal, or voluntary departure; and (B) (i) was outside the United States on January 1, 2021; or (ii) reentered the United States unlawfully after January 1, 2023.", "id": "H984ED44554A54A35B88D70838D68B6CF", "header": "Grounds for ineligibility", "nested": [], "links": [ { "text": "Public Law 110–229", "legal-doc": "public-law", "parsable-cite": "pl/110/229" }, { "text": "42 U.S.C. 247d", "legal-doc": "usc", "parsable-cite": "usc/42/247d" } ] }, { "text": "(d) Submission of biometric and biographic data; background checks \n(1) In general \nThe Secretary may not grant a noncitizen status under section 245B, 245C, 245D, 245E, or 245F unless the noncitizen submits biometric and biographic data, in accordance with procedures established by the Secretary. (2) Alternative procedure \nThe Secretary shall provide an alternative procedure for noncitizens who are unable to provide such biometric or biographic data due to a physical impairment. (3) Background checks \n(A) In general \nThe Secretary shall use biometric and biographic data— (i) to conduct security and law enforcement background checks; and (ii) to determine whether there is any criminal, national security, or other factor that would render the noncitizen ineligible for status under section 245B, 245C, 245D, 245E, or 245F, as applicable. (B) Completion required \nA noncitizen may not be granted status under section 245B, 245C, 245D, 245E, or 245F unless security and law enforcement background checks are completed to the satisfaction of the Secretary.", "id": "HC6629612EB894F1DAD78B76B6CF6108E", "header": "Submission of biometric and biographic data; background checks", "nested": [], "links": [] }, { "text": "(e) Eligibility for other statuses \n(1) In general \nA noncitizen’s eligibility for status under section 245B, 245C, 245D, 245E, or 245F shall not preclude the noncitizen from seeking any status under any other provision of law for which the noncitizen may otherwise be eligible. (2) Inapplicability of other provisions \nSection 208(d)(6) shall not apply to any noncitizen who submits an application under section 245B, 245C, 245D, 245E, or 245F.", "id": "H0365692CDE6343AAABE2EF79DC516E5F", "header": "Eligibility for other statuses", "nested": [], "links": [] }, { "text": "(f) Exemption from numerical limitation \nNothing in this section or section 245B, 245C, 245D, 245E, or 245F or in any other law may be construed— (1) to limit the number of noncitizens who may be granted status under sections 245B, 245C, 245D, 245E, and 245F; or (2) to count against any other numerical limitation under this Act.", "id": "HF6B07E34A4EE45F1934127E477F5B13D", "header": "Exemption from numerical limitation", "nested": [], "links": [] }, { "text": "(g) Procedures \n(1) Opportunity to apply and limitation on removal \nA noncitizen who appears to be prima facie eligible for status under section 245B, 245C, 245D, 245E, or 245F shall be given a reasonable opportunity to apply for such adjustment of status and, if the noncitizen applies within a reasonable period, the noncitizen shall not be removed before— (A) the Secretary has issued a final decision denying relief; (B) a final order of removal has been issued; and (C) the decision of the Secretary is upheld by a court, or the time for initiating judicial review under section 242 has expired, unless the order of removal is based on criminal or national security grounds, in which case removal does not affect the noncitizen’s right to judicial review. (2) Spouses and children \n(A) Family application \nThe Secretary shall establish a process by which a principal applicant and his or her spouse and children may file a single combined application under section 245B, 245C, 245D, 245E, or 245F, including a petition to classify the spouse and children as the spouse and children of the principal applicant. (B) Effect of termination of legal relationship or domestic violence \nIf the spousal or parental relationship between a noncitizen granted lawful prospective immigrant status or lawful permanent resident status under section 245B, 245C, 245D, 245E, or 245F and the noncitizen’s spouse or child is terminated by death, divorce, or annulment, or the spouse or child has been battered or subjected to extreme cruelty by the noncitizen (regardless of whether the legal relationship terminates), the spouse or child may apply independently for lawful prospective immigrant status or lawful permanent resident status if he or she is otherwise eligible. (C) Effect of denial of application or revocation of status \nIf the application of a noncitizen for status under section 245B, 245C, 245D, 245E, or 245F is denied, or his or her status is revoked, the spouse or child of such noncitizen shall remain eligible to apply independently for status under the applicable section. (3) Adjudication \n(A) In general \nThe Secretary shall evaluate each application submitted under section 245B, 245C, 245D, 245E, or 245F to determine whether the applicant meets the applicable requirements. (B) Adjustment of status if favorable determination \nIf the Secretary determines that a noncitizen meets the requirements of section 245B, 245C, 245D, 245E, or 245F, as applicable, the Secretary shall— (i) notify the noncitizen of such determination; and (ii) adjust the status of the noncitizen to that of lawful prospective immigrant or lawful permanent resident, as applicable, effective as of the date of such determination. (C) Documentary evidence of status \n(i) In general \nThe Secretary shall issue documentary evidence of lawful prospective immigrant status or lawful permanent resident status, as applicable, to each noncitizen whose application for such status has been approved. (ii) Elements \nDocumentary evidence issued under clause (i) shall— (I) be machine readable and tamper resistant; (II) contain a digitized photograph of the noncitizen; (III) during the noncitizen’s authorized period of admission, serve as a valid travel and entry document; and (IV) include such other features and information as the Secretary may prescribe. (iii) Employment authorization \nDocumentary evidence issued under clause (i) shall be accepted during the period of its validity by an employer as evidence of employment authorization and identity under section 274A(b)(1)(B); and (D) Adverse determination \nIf the Secretary determines that the noncitizen does not meet the requirements for the status for which the noncitizen applied, the Secretary shall notify the noncitizen of such determination. (E) Withdrawal of application \n(i) In general \nOn receipt of a request to withdraw an application under section 245B, 245C, 245D, 245E, or 245F, the Secretary shall cease processing of the application and close the case. (ii) Effect of withdrawal \nWithdrawal of such an application shall not prejudice any future application filed by the applicant for any immigration benefit under this Act. (F) Document requirements \n(i) Establishing identity \nA noncitizen’s application for status under section 245B, 245C, 245D, 245E, or 245F may include, as evidence of identity, the following: (I) A passport or national identity document from the noncitizen’s country of origin that includes the noncitizen’s name and the noncitizen’s photograph or fingerprint. (II) The noncitizen’s birth certificate and an identity card that includes the noncitizen’s name and photograph. (III) A school identification card that includes the noncitizen’s name and photograph, and school records showing the noncitizen’s name and that the noncitizen is or was enrolled at the school. (IV) A uniformed services identification card issued by the Department of Defense. (V) Any immigration or other document issued by the United States Government bearing the noncitizen’s name and photograph. (VI) A State-issued identification card bearing the noncitizen's name and photograph. (VII) Any other evidence that the Secretary determines to be credible. (ii) Documents establishing continuous physical presence \nEvidence that the noncitizen has been continuously physically present in the United States may include the following: (I) Passport entries, including admission stamps on the noncitizen’s passport. (II) Any document from the Department of Justice or the Department of Homeland Security noting the noncitizen’s date of entry into the United States. (III) Records from any educational institution the noncitizen has attended in the United States. (IV) Employment records of the noncitizen that include the employer’s name and contact information. (V) Records of service from the uniformed services. (VI) Official records from a religious entity confirming the noncitizen’s participation in a religious ceremony. (VII) A birth certificate for a child who was born in the United States. (VIII) Hospital or medical records showing medical treatment or hospitalization, the name of the medical facility or physician, and the date of the treatment or hospitalization. (IX) Automobile license receipts or registration. (X) Deeds, mortgages, or rental agreement contracts. (XI) Rent receipts or utility bills bearing the noncitizen’s name or the name of an immediate family member of the noncitizen, and the noncitizen’s address. (XII) Tax receipts. (XIII) Insurance policies. (XIV) Remittance records, including copies of money order receipts sent in or out of the country. (XV) Travel records, including online or hardcopy airplane, bus and train tickets, itineraries, and hotel or hostel receipts. (XVI) Dated bank transactions. (XVII) Sworn affidavits from at least two individuals who are not related to the noncitizen who have direct knowledge of the noncitizen’s continuous physical presence in the United States, that contain— (aa) the name, address, and telephone number of the affiant; and (bb) the nature and duration of the relationship between the affiant and the noncitizen. (XVIII) Any other evidence determined to be credible. (iii) Documents establishing exemption from application fees \nThe Secretary shall set forth, by regulation, the documents that may be used as evidence that a noncitizen’s application for status under section 245B, 245C, 245D, 245E, or 245F is exempt from an application fee under subsection (b)(2). (iv) Authority to prohibit use of certain documents \nIf the Secretary determines, after publication in the Federal Register and an opportunity for public comment, that any document or class of documents does not reliably establish identity, or that any document or class of documents is frequently being used to obtain relief under this section and is being obtained fraudulently to an unacceptable degree, the Secretary may prohibit or restrict the use of such document or class of documents. (G) Sufficiency of the evidence \n(i) Failure to submit sufficient evidence \nThe Secretary may deny an application under section 245B, 245C, 245D, 245E, or 245F submitted by a noncitizen who fails to submit requested initial evidence, including requested biometric data, or any requested additional evidence, by the date required by the Secretary. (ii) Amended application \nA noncitizen whose application is denied under clause (i) may, without an additional fee, submit to the Secretary an amended application or supplement the existing application if the amended or supplemented application contains the required information and any fee that was missing from the initial application. (iii) Fulfillment of eligibility requirements \nExcept as provided in clause (i), an application— (I) may not be denied for failure to submit particular evidence; and (II) may only be denied on evidentiary grounds if the evidence submitted is not credible or otherwise fails to establish eligibility. (iv) Authority to determine probity of evidence \nThe Secretary may determine— (I) whether evidence is credible; and (II) the weight to be given the evidence. (4) Revocation \n(A) In general \nIf the Secretary determines that a noncitizen fraudulently obtained status under section 245B, 245C, 245D, 245E, or 245F, the Secretary may revoke such status at any time after— (i) providing appropriate notice to the noncitizen; (ii) providing the noncitizen an opportunity to respond; and (iii) the exhaustion or waiver of all applicable administrative review procedures under paragraph (6). (B) Additional evidence \nIn determining whether to revoke a noncitizen’s status under subparagraph (A), the Secretary may require the noncitizen— (i) to submit additional evidence; or (ii) to appear for an interview. (C) Invalidation of documentation \nIf a noncitizen’s status is revoked under subparagraph (A), any documentation issued by the Secretary to the noncitizen under paragraph (3)(C) shall automatically be rendered invalid for any purpose except for departure from the United States. (5) Administrative review \n(A) Exclusive administrative review \nAdministrative review of a determination with respect to an application for status under section 245B, 245C, 245D, 245E, or 245F shall be conducted solely in accordance with this paragraph. (B) Administrative appellate review \n(i) Establishment of administrative appellate authority \nThe Secretary shall establish or designate an appellate authority to provide for a single level of administrative appellate review of denials of applications or petitions submitted, and revocations of status, under sections 245B, 245C, 245D, 245E, and 245F. (ii) Single appeal for each administrative decision \nA noncitizen in the United States whose application for status under section 245B, 245C, 245D, 245E, or 245F has been denied or whose status under any such section has been revoked may submit to the Secretary not more than 1 appeal of each such decision. (iii) Notice of appeal \nA notice of appeal under this paragraph shall be submitted not later than 90 days after the date of service of the denial or revocation, unless a delay beyond the 90-day period is reasonably justifiable. (iv) Review by Secretary \nNothing in this paragraph may be construed to limit the authority of the Secretary to certify appeals for review and final decision. (v) Denial of petitions for spouses and children \nA decision to deny, or revoke approval of, a petition submitted by a noncitizen to classify a spouse or child of the noncitizen as the spouse or child of a noncitizen for purposes of section 245B, 245C, 245D, 245E, or 245F may be appealed under this paragraph. (C) Stay of removal \nNoncitizens seeking administrative review of a denial, or revocation of approval, of an application for status under section 245B, 245C, 245D, 245E, or 245F shall not be removed from the United States before a final decision is rendered establishing ineligibility for such status. (D) Record for review \nAdministrative appellate review under this paragraph shall be de novo and based solely upon— (i) the administrative record established at the time of the determination on the application; and (ii) any additional newly discovered or previously unavailable evidence. (6) Judicial review \nJudicial review of decisions denying, or revoking approval of, applications or petitions under sections 245B, 245C, 245D, 245E, and 245F shall be governed by section 242. (7) Effects while applications are pending \nDuring the period beginning on the date on which a noncitizen applies for status under section 245B, 245C, 245D, 245E, or 245F and ending on the date on which the Secretary makes a final decision on such application— (A) notwithstanding section 212(d)(5)(A), the Secretary shall have the discretion to grant advance parole to the noncitizen; (B) the noncitizen shall not be considered an unauthorized noncitizen (as defined in section 274A(h)(3)). (8) Employment \n(A) Receipt of application \nAs soon as practicable after receiving an application for status under section 245B, 245C, 245D, 245E, or 245F, the Secretary shall provide the applicant with a document acknowledging receipt of such application. (B) Employment authorization \nA document issued under subparagraph (A) shall— (i) serve as interim proof of the noncitizen’s authorization to accept employment in the United States; and (ii) be accepted by an employer as evidence of employment authorization under section 274A(b)(1)(C) pending a final decision on the application. (C) Employer protection \nAn employer who knows that a noncitizen employee is an applicant for status under section 245B, 245C, 245D, 245E, or 245F or intends to apply for any such status, and who continues to employ the noncitizen pending a final decision on the noncitizen employee’s application, shall not be considered to be in violation of section 274A(a)(2) for hiring, employment, or continued employment of the noncitizen. (9) Information privacy \n(A) In general \nExcept as provided in subparagraph (B), no officer or employee of the United States may— (i) use the information provided by a noncitizen pursuant to an application submitted under section 245B, 245C, 245D, 245E, or 245F to initiate removal proceedings against any person identified in the application; (ii) make any publication whereby the information provided by any particular individual pursuant to such an application may be identified; or (iii) permit any individual other than an officer or employee of the Federal agency to which such an application is submitted to examine the application. (B) Required disclosure \nNotwithstanding subparagraph (A), the Attorney General or the Secretary shall provide the information provided in an application under section 245B, 245C, 245D, 245E, or 245F, and any other information derived from such information, to— (i) a duly recognized law enforcement entity in connection with an investigation or prosecution of an offense described in paragraph (2) or (3) of section 212(a), if such information is requested in writing by such entity; or (ii) an official coroner for purposes of affirmatively identifying a deceased individual (whether or not such individual is deceased as a result of a crime). (C) Penalty \nWhoever knowingly uses, publishes, or permits information to be examined in violation of this section shall be fined not more than $50,000. (D) Safeguards \nThe Secretary shall require appropriate administrative and physical safeguards to protect against disclosure and uses of information that violate this paragraph. (E) Annual assessment \nNot less frequently than annually, the Secretary shall conduct an assessment that, for the preceding calendar year— (i) analyzes the effectiveness of the safeguards under subparagraph (D); (ii) determines the number of authorized disclosures made; and (iii) determines the number of disclosures prohibited by subparagraph (A) made. (10) Language assistance \nThe Secretary, in consultation with the Attorney General, shall make available forms and accompanying instructions in the most common languages spoken in the United States, as determined by the Secretary. (11) Reasonable accommodations \nThe Secretary shall develop a plan for providing reasonable accommodation, consistent with applicable law, to applicants for status under sections 245B, 245C, 245D, 245E, and 245F with disabilities (as defined in section 3(1) of the Americans with Disabilities Act of 1990 ( 42 U.S.C. 12102(1) )).", "id": "H8A74F9EFB10C4569A287F5572384247B", "header": "Procedures", "nested": [], "links": [ { "text": "42 U.S.C. 12102(1)", "legal-doc": "usc", "parsable-cite": "usc/42/12102" } ] }, { "text": "(h) Definitions \nIn this section and sections 245B, 245C, 245D, 245E, and 245F: (1) Final decision \nThe term final decision means a decision or an order issued by the Secretary under this section after the period for requesting administrative review under subsection (g)(5) has expired or the challenged decision was affirmed after such administrative review. (2) Secretary \nThe term Secretary means the Secretary of Homeland Security. (3) Uniformed services \nThe term uniformed services has the meaning given the term in section 101(a) of title 10, United States Code.", "id": "H268E073B06B1491F894FEA7DA2B3911B", "header": "Definitions", "nested": [], "links": [] } ], "links": [ { "text": "Public Law 110–229", "legal-doc": "public-law", "parsable-cite": "pl/110/229" }, { "text": "42 U.S.C. 247d", "legal-doc": "usc", "parsable-cite": "usc/42/247d" }, { "text": "42 U.S.C. 12102(1)", "legal-doc": "usc", "parsable-cite": "usc/42/12102" } ] }, { "text": "1201. V nonimmigrant visas \n(a) Nonimmigrant eligibility \nSection 101(a)(15)(V) of the Immigration and Nationality Act ( 8 U.S.C. 1101(a)(15)(V) ) is amended to read as follows: (V) subject to section 214(q)(1), a noncitizen who is the beneficiary of an approved petition under section 203(a) or 245B.. (b) Employment and period of admission of nonimmigrants described in section 101(a)(15)(V) \nSection 214(q)(1) of the Immigration and Nationality Act ( 8 U.S.C. 1184(q)(1) ) is amended to read as follows: (q) Nonimmigrants described in section 101(a)(15)(V) \n(1) Certain sons and daughters \n(A) Employment authorization \nThe Secretary shall— (i) authorize a nonimmigrant admitted pursuant to section 101(a)(15)(V) to engage in employment in the United States during the period of such nonimmigrant's authorized admission; and (ii) provide the nonimmigrant with an employment authorized endorsement or other appropriate document signifying authorization of employment. (B) Termination of admission \nThe period of authorized admission for a nonimmigrant admitted pursuant to section 101(a)(15)(V) shall terminate 30 days after the date on which— (i) the nonimmigrant’s application for an immigrant visa pursuant to the approval of a petition under section 203(a) is denied; or (ii) the nonimmigrant’s application for adjustment of status under section 245, 245B, or 245C pursuant to the approval of such a petition is denied. (C) Public benefits \n(i) In general \nA noncitizen who is lawfully present in the United States pursuant to section 101(a)(15)(V) is not eligible for any means-tested public benefits (as such term is defined and implemented in section 403 of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 ( 8 U.S.C. 1613 )). (ii) Health care coverage \nA noncitizen admitted under section 101(a)(15)(V)— (iii) is not entitled to the premium assistance tax credit authorized under section 36B of the Internal Revenue Code of 1986 for his or her health insurance coverage; (iv) shall be subject to the rules applicable to individuals not lawfully present that are set forth in subsection (e) of such section; (v) shall be subject to the rules applicable to individuals not lawfully present set forth in section 1402(e) of the Patient Protection and Affordable Care Act ( 42 U.S.C. 18071(e) ); and (vi) shall be subject to the rules applicable to individuals not lawfully present set forth in section 5000A(d)(3) of the Internal Revenue Code of 1986.. (c) Effective date \nThe amendments made by this section shall take effect on the first day of the first fiscal year beginning after the date of the enactment of this Act.", "id": "H1D4D2B8EB76044A9A02D32A945F3DC88", "header": "V nonimmigrant visas", "nested": [ { "text": "(a) Nonimmigrant eligibility \nSection 101(a)(15)(V) of the Immigration and Nationality Act ( 8 U.S.C. 1101(a)(15)(V) ) is amended to read as follows: (V) subject to section 214(q)(1), a noncitizen who is the beneficiary of an approved petition under section 203(a) or 245B..", "id": "HDBA3A434E1A641D28D7E3646B6578F8F", "header": "Nonimmigrant eligibility", "nested": [], "links": [ { "text": "8 U.S.C. 1101(a)(15)(V)", "legal-doc": "usc", "parsable-cite": "usc/8/1101" } ] }, { "text": "(b) Employment and period of admission of nonimmigrants described in section 101(a)(15)(V) \nSection 214(q)(1) of the Immigration and Nationality Act ( 8 U.S.C. 1184(q)(1) ) is amended to read as follows: (q) Nonimmigrants described in section 101(a)(15)(V) \n(1) Certain sons and daughters \n(A) Employment authorization \nThe Secretary shall— (i) authorize a nonimmigrant admitted pursuant to section 101(a)(15)(V) to engage in employment in the United States during the period of such nonimmigrant's authorized admission; and (ii) provide the nonimmigrant with an employment authorized endorsement or other appropriate document signifying authorization of employment. (B) Termination of admission \nThe period of authorized admission for a nonimmigrant admitted pursuant to section 101(a)(15)(V) shall terminate 30 days after the date on which— (i) the nonimmigrant’s application for an immigrant visa pursuant to the approval of a petition under section 203(a) is denied; or (ii) the nonimmigrant’s application for adjustment of status under section 245, 245B, or 245C pursuant to the approval of such a petition is denied. (C) Public benefits \n(i) In general \nA noncitizen who is lawfully present in the United States pursuant to section 101(a)(15)(V) is not eligible for any means-tested public benefits (as such term is defined and implemented in section 403 of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 ( 8 U.S.C. 1613 )). (ii) Health care coverage \nA noncitizen admitted under section 101(a)(15)(V)— (iii) is not entitled to the premium assistance tax credit authorized under section 36B of the Internal Revenue Code of 1986 for his or her health insurance coverage; (iv) shall be subject to the rules applicable to individuals not lawfully present that are set forth in subsection (e) of such section; (v) shall be subject to the rules applicable to individuals not lawfully present set forth in section 1402(e) of the Patient Protection and Affordable Care Act ( 42 U.S.C. 18071(e) ); and (vi) shall be subject to the rules applicable to individuals not lawfully present set forth in section 5000A(d)(3) of the Internal Revenue Code of 1986..", "id": "H199AB34A9C6041C49538C9F3CA40791B", "header": "Employment and period of admission of nonimmigrants described in section 101(a)(15)(V)", "nested": [], "links": [ { "text": "8 U.S.C. 1184(q)(1)", "legal-doc": "usc", "parsable-cite": "usc/8/1184" }, { "text": "8 U.S.C. 1613", "legal-doc": "usc", "parsable-cite": "usc/8/1613" }, { "text": "section 36B", "legal-doc": "usc", "parsable-cite": "usc/26/36B" }, { "text": "42 U.S.C. 18071(e)", "legal-doc": "usc", "parsable-cite": "usc/42/18071" }, { "text": "section 5000A(d)(3)", "legal-doc": "usc", "parsable-cite": "usc/26/5000A" } ] }, { "text": "(c) Effective date \nThe amendments made by this section shall take effect on the first day of the first fiscal year beginning after the date of the enactment of this Act.", "id": "H853ACAF6B3654481A8D06A05D04A2C12", "header": "Effective date", "nested": [], "links": [] } ], "links": [ { "text": "8 U.S.C. 1101(a)(15)(V)", "legal-doc": "usc", "parsable-cite": "usc/8/1101" }, { "text": "8 U.S.C. 1184(q)(1)", "legal-doc": "usc", "parsable-cite": "usc/8/1184" }, { "text": "8 U.S.C. 1613", "legal-doc": "usc", "parsable-cite": "usc/8/1613" }, { "text": "section 36B", "legal-doc": "usc", "parsable-cite": "usc/26/36B" }, { "text": "42 U.S.C. 18071(e)", "legal-doc": "usc", "parsable-cite": "usc/42/18071" }, { "text": "section 5000A(d)(3)", "legal-doc": "usc", "parsable-cite": "usc/26/5000A" } ] }, { "text": "1202. Expungement and sentencing \n(a) Definition of conviction \nSection 101(a)(48) of the Immigration and Nationality Act ( 8 U.S.C. 1101(a)(48) ) is amended to read as follows: (48) (A) The term conviction means, with respect to a noncitizen, a formal judgment of guilt of the noncitizen entered by a court. (B) The following may not be considered a conviction for purposes of this Act: (i) An adjudication or judgment of guilt that has been dismissed, expunged, deferred, annulled, invalidated, withheld, or vacated. (ii) Any adjudication in which the court has issued— (I) a judicial recommendation against removal; (II) an order of probation without entry of judgment; or (III) any similar disposition. (iii) A judgment that is on appeal or is within the time to file direct appeal. (C) (i) Unless otherwise provided, with respect to an offense, any reference to a term of imprisonment or a sentence is considered to include only the period of incarceration ordered by a court. (ii) Any such reference shall be considered to exclude any portion of a sentence of which the imposition or execution was suspended.. (b) Judicial recommendation against removal \nThe grounds of inadmissibility and deportability under sections 212(a)(2) and 237(a)(2) of the Immigration and Nationality Act ( 8 U.S.C. 1182(a)(2) and 1227(a)(2)) shall not apply to a noncitizen with a criminal conviction if, not later than 180 days after the date on which the noncitizen is sentenced, and after having provided notice and an opportunity to respond to representatives of the State concerned, the Secretary, and prosecuting authorities, the sentencing court issues a recommendation to the Secretary that the noncitizen not be removed on the basis of the conviction.", "id": "H753645DF47C84339AD8FD089E236C3B1", "header": "Expungement and sentencing", "nested": [ { "text": "(a) Definition of conviction \nSection 101(a)(48) of the Immigration and Nationality Act ( 8 U.S.C. 1101(a)(48) ) is amended to read as follows: (48) (A) The term conviction means, with respect to a noncitizen, a formal judgment of guilt of the noncitizen entered by a court. (B) The following may not be considered a conviction for purposes of this Act: (i) An adjudication or judgment of guilt that has been dismissed, expunged, deferred, annulled, invalidated, withheld, or vacated. (ii) Any adjudication in which the court has issued— (I) a judicial recommendation against removal; (II) an order of probation without entry of judgment; or (III) any similar disposition. (iii) A judgment that is on appeal or is within the time to file direct appeal. (C) (i) Unless otherwise provided, with respect to an offense, any reference to a term of imprisonment or a sentence is considered to include only the period of incarceration ordered by a court. (ii) Any such reference shall be considered to exclude any portion of a sentence of which the imposition or execution was suspended..", "id": "HDF9A1AD0550C4BBEB83581011C9301D2", "header": "Definition of conviction", "nested": [], "links": [ { "text": "8 U.S.C. 1101(a)(48)", "legal-doc": "usc", "parsable-cite": "usc/8/1101" } ] }, { "text": "(b) Judicial recommendation against removal \nThe grounds of inadmissibility and deportability under sections 212(a)(2) and 237(a)(2) of the Immigration and Nationality Act ( 8 U.S.C. 1182(a)(2) and 1227(a)(2)) shall not apply to a noncitizen with a criminal conviction if, not later than 180 days after the date on which the noncitizen is sentenced, and after having provided notice and an opportunity to respond to representatives of the State concerned, the Secretary, and prosecuting authorities, the sentencing court issues a recommendation to the Secretary that the noncitizen not be removed on the basis of the conviction.", "id": "H46A36DD050094F48B6866AE11FDDCE79", "header": "Judicial recommendation against removal", "nested": [], "links": [ { "text": "8 U.S.C. 1182(a)(2)", "legal-doc": "usc", "parsable-cite": "usc/8/1182" } ] } ], "links": [ { "text": "8 U.S.C. 1101(a)(48)", "legal-doc": "usc", "parsable-cite": "usc/8/1101" }, { "text": "8 U.S.C. 1182(a)(2)", "legal-doc": "usc", "parsable-cite": "usc/8/1182" } ] }, { "text": "1203. Petty offenses \nSection 212(a)(2)(A)(ii) of the Immigration and Nationality Act ( 8 U.S.C. 1182(a)(2)(A)(ii) ) is amended— (1) in the matter preceding subclause (I), by striking to an alien who committed only one crime ; (2) in subclause (I), by inserting the noncitizen committed only one crime, before the crime was committed when ; and (3) by amending subclause (II) to read as follows: (II) the noncitizen committed not more than 2 crimes, the maximum penalty possible for each crime of which the noncitizen was convicted (or which the noncitizen admits having committed or of which the acts that the noncitizen admits having committed constituted the essential elements) did not exceed imprisonment for 1 year and, if the noncitizen was convicted of either crime, the noncitizen was not sentenced to terms of imprisonment with respective sentences imposed in excess of 180 days (regardless of the extent to which either sentence was ultimately executed)..", "id": "HEF6BDA7C96B748CAA68F197D7B3F206B", "header": "Petty offenses", "nested": [], "links": [ { "text": "8 U.S.C. 1182(a)(2)(A)(ii)", "legal-doc": "usc", "parsable-cite": "usc/8/1182" } ] }, { "text": "1204. Restoring fairness to adjudications \n(a) Waiver of grounds of inadmissibility \nSection 212 of the Immigration and Nationality Act ( 8 U.S.C. 1182 ) is amended by inserting after subsection (b) the following: (c) Humanitarian, family unity, and public interest waiver \n(1) In general \nNotwithstanding any other provision of law, except section 245G(c)(1)(B), the Secretary of Homeland Security or the Attorney General may waive the operation of any 1 or more grounds of inadmissibility under this section (excluding inadmissibility under subsection (a)(3)) for any purpose, including eligibility for relief from removal— (A) for humanitarian purposes; (B) to ensure family unity; or (C) if a waiver is otherwise in the public interest. (2) Considerations \nIn making a determination under paragraph (1), the Secretary of Homeland Security or the Attorney General shall consider all mitigating and aggravating factors, including— (A) the severity of the underlying circumstances, conduct, or violation; (B) the duration of the noncitizen’s residence in the United States; (C) evidence of rehabilitation, if applicable; and (D) the extent to which the noncitizen’s removal, or the denial of the noncitizen’s application, would adversely affect the noncitizen or the noncitizen’s United States citizen or lawful permanent resident family members.. (b) Waiver of grounds of deportability \nSection 237(a) of the Immigration and Nationality Act ( 8 U.S.C. 1227(a) ) is amended by adding at the end the following: (8) Humanitarian, family unity, and public interest waiver \n(A) In general \nNotwithstanding any other provision of law, except section 245G(c)(1)(B), the Secretary of Homeland Security or the Attorney General may waive the operation of any 1 or more grounds of deportability under this subsection (excluding deportability under paragraph (2)(A)(iii) based on a conviction described in section 101(a)(43)(A) and deportability under paragraph (4)) for any purpose, including eligibility for relief from removal— (i) for humanitarian purposes; (ii) to ensure family unity; or (iii) if a waiver is otherwise in the public interest. (B) Considerations \nIn making a determination under subparagraph (A), the Secretary of Homeland Security or the Attorney General shall consider all mitigating and aggravating factors, including— (i) the severity of the underlying circumstances, conduct, or violation; (ii) the duration of the noncitizen’s residence in the United States; (iii) evidence of rehabilitation, if applicable; and (iv) the extent to which the noncitizen’s removal, or the denial of the noncitizen’s application, would adversely affect the noncitizen or the noncitizen’s United States citizen or lawful permanent resident family members..", "id": "H2DC2F439317444208980549C913F28D5", "header": "Restoring fairness to adjudications", "nested": [ { "text": "(a) Waiver of grounds of inadmissibility \nSection 212 of the Immigration and Nationality Act ( 8 U.S.C. 1182 ) is amended by inserting after subsection (b) the following: (c) Humanitarian, family unity, and public interest waiver \n(1) In general \nNotwithstanding any other provision of law, except section 245G(c)(1)(B), the Secretary of Homeland Security or the Attorney General may waive the operation of any 1 or more grounds of inadmissibility under this section (excluding inadmissibility under subsection (a)(3)) for any purpose, including eligibility for relief from removal— (A) for humanitarian purposes; (B) to ensure family unity; or (C) if a waiver is otherwise in the public interest. (2) Considerations \nIn making a determination under paragraph (1), the Secretary of Homeland Security or the Attorney General shall consider all mitigating and aggravating factors, including— (A) the severity of the underlying circumstances, conduct, or violation; (B) the duration of the noncitizen’s residence in the United States; (C) evidence of rehabilitation, if applicable; and (D) the extent to which the noncitizen’s removal, or the denial of the noncitizen’s application, would adversely affect the noncitizen or the noncitizen’s United States citizen or lawful permanent resident family members..", "id": "H7B6E614806004BECADE3324B81305D6D", "header": "Waiver of grounds of inadmissibility", "nested": [], "links": [ { "text": "8 U.S.C. 1182", "legal-doc": "usc", "parsable-cite": "usc/8/1182" } ] }, { "text": "(b) Waiver of grounds of deportability \nSection 237(a) of the Immigration and Nationality Act ( 8 U.S.C. 1227(a) ) is amended by adding at the end the following: (8) Humanitarian, family unity, and public interest waiver \n(A) In general \nNotwithstanding any other provision of law, except section 245G(c)(1)(B), the Secretary of Homeland Security or the Attorney General may waive the operation of any 1 or more grounds of deportability under this subsection (excluding deportability under paragraph (2)(A)(iii) based on a conviction described in section 101(a)(43)(A) and deportability under paragraph (4)) for any purpose, including eligibility for relief from removal— (i) for humanitarian purposes; (ii) to ensure family unity; or (iii) if a waiver is otherwise in the public interest. (B) Considerations \nIn making a determination under subparagraph (A), the Secretary of Homeland Security or the Attorney General shall consider all mitigating and aggravating factors, including— (i) the severity of the underlying circumstances, conduct, or violation; (ii) the duration of the noncitizen’s residence in the United States; (iii) evidence of rehabilitation, if applicable; and (iv) the extent to which the noncitizen’s removal, or the denial of the noncitizen’s application, would adversely affect the noncitizen or the noncitizen’s United States citizen or lawful permanent resident family members..", "id": "H3E01E06D51E046F89DD6C41F082E1A74", "header": "Waiver of grounds of deportability", "nested": [], "links": [ { "text": "8 U.S.C. 1227(a)", "legal-doc": "usc", "parsable-cite": "usc/8/1227" } ] } ], "links": [ { "text": "8 U.S.C. 1182", "legal-doc": "usc", "parsable-cite": "usc/8/1182" }, { "text": "8 U.S.C. 1227(a)", "legal-doc": "usc", "parsable-cite": "usc/8/1227" } ] }, { "text": "1205. Judicial review \nSection 242 of the Immigration and Nationality Act ( 8 U.S.C. 1252 ) is amended— (1) in subsection (a)(2)— (A) in subparagraph (B), by inserting the exercise of discretion arising under after no court shall have jurisdiction to review ; (B) in subparagraph (C), by inserting and subsection (h) after subparagraph (D) ; and (C) by amending subparagraph (D) to read as follows: (D) Judicial review of certain legal claims \nNothing in subparagraph (B) or (C), or in any other provision of this Act that limits or eliminates judicial review, shall be construed as precluding review of constitutional claims or questions of law. ; (2) in subsection (b)— (A) in paragraph (2), in the first sentence, by inserting or, in the case of a decision governed by section 245G(g)(6), in the judicial circuit in which the petitioner resides after proceedings ; and (B) in paragraph (9), by striking the first sentence and inserting the following: Except as otherwise provided in this section, judicial review of a determination respecting a removal order shall be available only in judicial review of a final order under this section. ; (3) in subsection (f)— (A) in paragraph (1), by striking or restrain the operation of ; and (B) in paragraph (2), by adding after all administrative and judicial review available to the noncitizen is complete before unless ; and (4) by adding at the end the following: (h) Judicial review of eligibility determinations relating to status under chapter 5 \n(1) Direct review \nIf a noncitizen’s application under section 245B, 245C, 245D, 245E, or 245F is denied, or the approval of such application is revoked, after the exhaustion of administrative appellate review under section 245G(g)(5), the noncitizen may seek review of such decision, in accordance with chapter 7 of title 5, United States Code, in the district court of the United States in which the noncitizen resides. (2) Status during review \nDuring the period in which a review described in paragraph (1) is pending— (A) any unexpired grant of voluntary departure under section 240B shall be tolled; and (B) any order of exclusion, deportation, or removal shall automatically be stayed unless the court, in its discretion, orders otherwise. (3) Review after removal proceedings \nA noncitizen may seek judicial review of a denial or revocation of approval of the noncitizen’s application under section 245B, 245C, 245D, 245E, or 245F in the appropriate court of appeals of the United States in conjunction with the judicial review of an order of removal, deportation, or exclusion if the validity of the denial or revocation has not been upheld in a prior judicial proceeding under paragraph (1). (4) Standard for judicial review \n(A) Basis \nJudicial review of a denial or revocation of approval of an application under section 245B, 245C, 245D, 245E, or 245F shall be based upon the administrative record established at the time of the review. (B) Authority to remand \nThe reviewing court may remand a case under this subsection to the Secretary of Homeland Security (referred to in this subsection as the Secretary ) for consideration of additional evidence if the court finds that— (i) the additional evidence is material; and (ii) there were reasonable grounds for failure to adduce the additional evidence before the Secretary. (C) Scope of review \nNotwithstanding any other provision of law, judicial review of all questions arising from a denial or revocation of approval of an application under section 245B, 245C, 245D, 245E, or 245F shall be governed by the standard of review set forth in section 706 of title 5, United States Code. (5) Remedial powers \n(A) Jurisdiction \nNotwithstanding any other provision of law, the district courts of the United States shall have jurisdiction over any cause or claim arising from a pattern or practice of the Secretary in the operation or implementation of section 245B, 245C, 245D, 245E, 245F, or 245G that is arbitrary, capricious, or otherwise contrary to law. (B) Scope of relief \nThe district courts of the United States may order any appropriate relief in a cause or claim described in subparagraph (A) without regard to exhaustion, ripeness, or other standing requirements (other than constitutionally mandated requirements), if the court determines that— (i) the resolution of such cause or claim will serve judicial and administrative efficiency; or (ii) a remedy would otherwise not be reasonably available or practicable. (6) Challenges to the validity of the system \n(A) In general \nExcept as provided in paragraph (5), any claim that section 245B, 245C, 245D, 245E, 245F, or 245G, or any regulation, written policy, written directive, or issued or unwritten policy or practice initiated by or under the authority of the Secretary to implement such sections, violates the Constitution of the United States or is otherwise in violation of law is available in an action instituted in a district court of the United States in accordance with the procedures prescribed in this paragraph. (B) Savings provision \nExcept as provided in subparagraph (C), nothing in subparagraph (A) may be construed to preclude an applicant under section 245B, 245C, 245D, 245E, or 245F from asserting that an action taken or a decision made by the Secretary with respect to the applicant’s status was contrary to law. (C) Class actions \nAny claim described in subparagraph (A) that is brought as a class action shall be brought in conformity with— (i) the Class Action Fairness Act of 2005 ( Public Law 109–2 ; 119 Stat. 4); and (ii) the Federal Rules of Civil Procedure. (D) Preclusive effect \nThe final disposition of any claim brought under subparagraph (A) shall be preclusive of any such claim asserted by the same individual in a subsequent proceeding under this subsection. (E) Exhaustion and stay of proceedings \n(i) In general \nNo claim brought under this paragraph shall require the plaintiff to exhaust administrative remedies under section 245G(g)(5). (ii) Stay authorized \nNothing in this paragraph may be construed to prevent the court from staying proceedings under this paragraph to permit the Secretary to evaluate an allegation of an unwritten policy or practice or to take corrective action. In determining whether to issue such a stay, the court shall take into account any harm the stay may cause to the claimant..", "id": "HBA3D093D45A04C1EB220B148E3B04FB5", "header": "Judicial review", "nested": [], "links": [ { "text": "8 U.S.C. 1252", "legal-doc": "usc", "parsable-cite": "usc/8/1252" }, { "text": "chapter 7", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/5/7" }, { "text": "Public Law 109–2", "legal-doc": "public-law", "parsable-cite": "pl/109/2" } ] }, { "text": "1206. Modifications to naturalization provisions \nThe Immigration and Nationality Act ( 8 U.S.C. 1101 et seq. ) is amended— (1) in section 316 ( 8 U.S.C. 1427 ), by adding at the end the following: (g) For purposes of this chapter, the phrases lawfully admitted for permanent residence , lawfully admitted to the United States for permanent residence , and lawful admission for permanent residence shall refer to a noncitizen who— (1) was granted the status of lawful permanent resident; (2) did not obtain such status through fraudulent misrepresentation or fraudulent concealment of a material fact, provided that the Secretary shall have the discretion to waive the application of this paragraph; and (3) for good cause shown. ; and (2) in section 319 ( 8 U.S.C. 1430 )— (A) in the section heading, by striking and employees of certain nonprofit organizations and inserting , employees of certain nonprofit organizations, and other lawful residents ; and (B) by adding at the end the following: (f) Notwithstanding section 316(a)(1), any lawful permanent resident who was lawfully present in the United States and eligible for employment authorization for not less than 3 years before becoming a lawful permanent resident may be naturalized upon compliance with all other requirements under this chapter..", "id": "HC34B490545A645B58E1E8C0B0BD6619F", "header": "Modifications to naturalization provisions", "nested": [], "links": [ { "text": "8 U.S.C. 1101 et seq.", "legal-doc": "usc", "parsable-cite": "usc/8/1101" }, { "text": "8 U.S.C. 1427", "legal-doc": "usc", "parsable-cite": "usc/8/1427" }, { "text": "8 U.S.C. 1430", "legal-doc": "usc", "parsable-cite": "usc/8/1430" } ] }, { "text": "1207. Relief for long-term legal residents of the Commonwealth of the Northern Mariana Islands \nThe Joint Resolution entitled A Joint Resolution to approve the Covenant to Establish a Commonwealth of the Northern Mariana Islands in Political Union with the United States of America , and for other purposes , approved March 24, 1976 ( 48 U.S.C. 1806 ), is amended— (1) in subsection (b)(1)— (A) by amending subparagraph (A) to read as follows: (A) Nonimmigrant workers generally \nA noncitizen, if otherwise qualified, may seek admission to Guam or to the Commonwealth during the transition program as a nonimmigrant worker under section 101(a)(15)(H) of the Immigration and Nationality Act ( 8 U.S.C. 1101(a)(15)(H) without counting against the numerical limitations set forth in section 214(g) of such Act ( 8 U.S.C. 1184(g) ). ; and (B) in subparagraph (B)(i), by striking contact and inserting contract ; (2) in subsection (e)— (A) in paragraph (4), in the paragraph heading, by striking aliens and inserting noncitizens ; and (B) by amending paragraph (6) to read as follows: (6) Special provision regarding long-term residents of the Commonwealth \n(A) CNMI Resident status \nA noncitizen described in subparagraph (B) may, upon the application of the noncitizen, be admitted in CNMI Resident status to the Commonwealth subject to the following rules: (i) The noncitizen shall be treated as a noncitizen lawfully admitted to the Commonwealth only, including permitting entry to and exit from the Commonwealth, until the earlier of the date on which— (I) the noncitizen ceases to reside in the Commonwealth; or (II) the noncitizen's status is adjusted under section 245 of the Immigration and Nationality Act ( 8 U.S.C. 1255 ) to that of a noncitizen lawfully admitted for permanent residence in accordance with all applicable eligibility requirements. (ii) The Secretary of Homeland Security— (I) shall establish a process for such noncitizen to apply for CNMI Resident status during the 180-day period beginning on the date that is 90 days after the date of the enactment of the U.S. Citizenship Act ; (II) may, in the Secretary's discretion, authorize deferred action or parole, as appropriate, with work authorization, for such noncitizen until the date of adjudication of the noncitizen's application for CNMI Resident status; and (III) in the case of a noncitizen who has nonimmigrant status on the date on which the noncitizen applies for CNMI Resident status, the Secretary shall extend such nonimmigrant status and work authorization through the end of the 180-day period described in subclause (I) or the date of adjudication of the noncitizen’s application for CNMI Resident status, whichever is later. (iii) Nothing in this subparagraph may be construed to provide any noncitizen granted status under this subparagraph with public assistance to which the noncitizen is not otherwise entitled. (iv) A noncitizen granted status under this paragraph shall be deemed a qualified noncitizen under section 431 of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 ( 8 U.S.C. 1641 ) for purposes of receiving relief during— (I) a major disaster declared by the President under section 401 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C. 5170 ); (II) an emergency declared by the President under section 501 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C. 5191 ); or (III) a national emergency declared by the President under the National Emergencies Act ( 50 U.S.C. 1601 et seq. ). (v) A noncitizen granted status under this paragraph— (I) subject to section 237(a)(8), is subject to all grounds of deportability under section 237 of the Immigration and Nationality Act ( 8 U.S.C. 1227 ); (II) subject to section 212(c), is subject to all grounds of inadmissibility under section 212 of the Immigration and Nationality Act ( 8 U.S.C. 1182 ) if seeking admission to the United States at a port of entry in the Commonwealth; (III) is inadmissible to the United States at any port of entry outside the Commonwealth, except that the Secretary of Homeland Security may in the Secretary's discretion authorize admission of such noncitizen at a port of entry in Guam for the purpose of direct transit to the Commonwealth, which admission shall be considered an admission to the Commonwealth; (IV) automatically shall lose such status if the noncitizen travels from the Commonwealth to any other place in the United States, except that the Secretary of Homeland Security may in the Secretary's discretion establish procedures for the advance approval on a case-by-case basis of such travel for a temporary and legitimate purpose, and the Secretary may in the Secretary's discretion authorize the direct transit of noncitizens with CNMI Resident status through Guam to a foreign place; (V) shall be authorized to work in the Commonwealth incident to status; and (VI) shall be issued appropriate travel documentation and evidence of work authorization by the Secretary. (B) Noncitizens described \nA noncitizen is described in this subparagraph if the noncitizen— (i) was lawfully present on June 25, 2019, or on December 31, 2018, in the Commonwealth under the immigration laws of the United States, including pursuant to a grant of parole under section 212(d)(5) of the Immigration and Nationality Act ( 8 U.S.C. 1182(d)(5) ) or deferred action; (ii) subject to subsection (c) of section 212 of the Immigration and Nationality Act ( 8 U.S.C. 1182 ), is admissible as an immigrant to the United States under that Act ( 8 U.S.C. 1101 et seq. ), except that no immigrant visa is required; (iii) except in the case of a noncitizen who meets the requirements of subclause (III) or (VI) of clause (v), resided continuously and lawfully in the Commonwealth from November 28, 2009, through June 25, 2019; (iv) is not a citizen of the Republic of the Marshall Islands, the Federated States of Micronesia, or the Republic of Palau; and (v) in addition— (I) was born in the Northern Mariana Islands between January 1, 1974, and January 9, 1978; (II) was, on November 27, 2009, a permanent resident of the Commonwealth (as defined in section 4303 of title 3 of the Northern Mariana Islands Commonwealth Code, in effect on May 8, 2008); (III) is the spouse or child (as defined in section 101(b)(1) of the Immigration and Nationality Act ( 8 U.S.C. 1101(b)(1) )) of a noncitizen described in subclause (I), (II), (V), (VI), or (VII); (IV) was, on November 27, 2011, a spouse, child, or parent of a United States citizen, notwithstanding the age of the United States citizen, and continues to have such family relationship with the citizen on the date of the application described in subparagraph (A); (V) had a grant of parole under section 212(d)(5) of the Immigration and Nationality Act ( 8 U.S.C. 1182(d)(5) ) on December 31, 2018, under the former parole program for certain in-home caregivers administered by United States Citizenship and Immigration Services; (VI) was admitted to the Commonwealth as a Commonwealth Only Transitional Worker during fiscal year 2015, and during every subsequent fiscal year beginning before the date of enactment of the Northern Mariana Islands U.S. Workforce Act of 2018 ( Public Law 115–218 ; 132 Stat. 1547); or (VII) resided in the Northern Mariana Islands as an investor under Commonwealth immigration law, and is currently a resident classified as a CNMI-only nonimmigrant under section 101(a)(15)(E)(ii) of the Immigration and Nationality Act ( 8 U.S.C. 1101(a)(15)(E)(ii) ). (C) Authority of Attorney General \nBeginning on the first day of the 180-day period established by the Secretary of Homeland Security under subparagraph (A)(ii)(I), the Attorney General may accept and adjudicate an application for CNMI Resident status under this paragraph by a noncitizen who is in removal proceedings before the Attorney General if the noncitizen— (i) makes an initial application to the Attorney General within such 180-day period; or (ii) applied to the Secretary of Homeland Security during such 180-day period and before being placed in removal proceedings, and the Secretary denied the application. (D) Judicial review \nNotwithstanding any other law, no court shall have jurisdiction to review any decision of the Secretary of Homeland Security or the Attorney General on an application under this paragraph or any other action or determination of the Secretary of Homeland Security or the Attorney General to implement, administer, or enforce this paragraph. (E) Procedure \nThe requirements of chapter 5 of title 5 (commonly referred to as the Administrative Procedure Act), or any other law relating to rulemaking, information collection, or publication in the Federal Register shall not apply to any action to implement, administer, or enforce this paragraph. (F) Adjustment of status for CNMI residents \nA noncitizen with CNMI Resident status may adjust his or her status to that of a noncitizen lawfully admitted for permanent residence 5 years after the date of the enactment of the U.S. Citizenship Act or 5 years after the date on which CNMI Resident status is granted, whichever is later. (G) Waiver of application deadline \nThe Secretary of Homeland Security may, in the Secretary’s sole and unreviewable discretion, accept an application for CNMI Resident status submitted after the application deadline if— (i) the applicant is eligible for CNMI Resident status; (ii) the applicant timely submitted an application for CNMI Resident status and made a good faith effort to comply with the application requirements as determined by the Secretary; and (iii) the application is received not later than 90 days after the expiration of the application deadline or the date on which notice of rejection of the application is submitted, whichever is later. ; (3) by striking an alien each place it appears and inserting a noncitizen ; (4) by striking An alien each place it appears and inserting A noncitizen ; (5) by striking alien each place it appears and inserting noncitizen ; (6) by striking aliens each place it appears and inserting noncitizens ; and (7) by striking alien's each place it appears and inserting noncitizen's.", "id": "HA79616567A40409FB6E60639EFE1E886", "header": "Relief for long-term legal residents of the Commonwealth of the Northern Mariana Islands", "nested": [], "links": [ { "text": "48 U.S.C. 1806", "legal-doc": "usc", "parsable-cite": "usc/48/1806" }, { "text": "8 U.S.C. 1101(a)(15)(H)", "legal-doc": "usc", "parsable-cite": "usc/8/1101" }, { "text": "8 U.S.C. 1184(g)", "legal-doc": "usc", "parsable-cite": "usc/8/1184" }, { "text": "8 U.S.C. 1255", "legal-doc": "usc", "parsable-cite": "usc/8/1255" }, { "text": "8 U.S.C. 1641", "legal-doc": "usc", "parsable-cite": "usc/8/1641" }, { "text": "42 U.S.C. 5170", "legal-doc": "usc", "parsable-cite": "usc/42/5170" }, { "text": "42 U.S.C. 5191", "legal-doc": "usc", "parsable-cite": "usc/42/5191" }, { "text": "50 U.S.C. 1601 et seq.", "legal-doc": "usc", "parsable-cite": "usc/50/1601" }, { "text": "8 U.S.C. 1227", "legal-doc": "usc", "parsable-cite": "usc/8/1227" }, { "text": "8 U.S.C. 1182", "legal-doc": "usc", "parsable-cite": "usc/8/1182" }, { "text": "8 U.S.C. 1182(d)(5)", "legal-doc": "usc", "parsable-cite": "usc/8/1182" }, { "text": "8 U.S.C. 1182", "legal-doc": "usc", "parsable-cite": "usc/8/1182" }, { "text": "8 U.S.C. 1101 et seq.", "legal-doc": "usc", "parsable-cite": "usc/8/1101" }, { "text": "8 U.S.C. 1101(b)(1)", "legal-doc": "usc", "parsable-cite": "usc/8/1101" }, { "text": "8 U.S.C. 1182(d)(5)", "legal-doc": "usc", "parsable-cite": "usc/8/1182" }, { "text": "Public Law 115–218", "legal-doc": "public-law", "parsable-cite": "pl/115/218" }, { "text": "8 U.S.C. 1101(a)(15)(E)(ii)", "legal-doc": "usc", "parsable-cite": "usc/8/1101" }, { "text": "chapter 5", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/5/5" } ] }, { "text": "1208. Government contracting and acquisition of real property interest \n(a) Exemption from Government contracting and hiring rules \n(1) In general \nA determination by a Federal agency to use a procurement competition exemption under section 3304(a) of title 41, United States Code, or to use the authority granted in paragraph (2), for the purpose of implementing this title and the amendments made by this title is not subject to challenge by protest to the Government Accountability Office under chapter 35 of title 31, United States Code, or to the Court of Federal Claims, under section 1491 of title 28, United States Code. An agency shall immediately advise Congress of the exercise of the authority granted under this paragraph. (2) Government contracting exemption \nThe competition requirement under section 3306 of title 41, United States Code, may be waived or modified by a Federal agency for any procurement conducted to implement this title or the amendments made by this title if the senior procurement executive for the agency conducting the procurement— (A) determines that the waiver or modification is necessary; and (B) submits an explanation for such determination to the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Homeland Security of the House of Representatives. (3) Hiring rules exemption \n(A) In general \nNotwithstanding any other provision of law, the Secretary is authorized to make term, temporary limited, and part-time appointments of employees who will implement this title and the amendments made by this title without regard to the number of such employees, their ratio to permanent full-time employees, and the duration of their employment. (B) Savings provision \nNothing in chapter 71 of title 5, United States Code, shall affect the authority of any Department management official to hire term, temporary limited, or part-time employees under this paragraph. (b) Authority To acquire leaseholds \nNotwithstanding any other provision of law, the Secretary may acquire a leasehold interest in real property, and may provide in a lease entered into under this subsection for the construction or modification of any facility on the leased property, if the Secretary determines that the acquisition of such interest, and such construction or modification, are necessary in order to facilitate the implementation of this title and the amendments made by this title.", "id": "H777B266C38384B3E9C4621DA6CF98FA8", "header": "Government contracting and acquisition of real property interest", "nested": [ { "text": "(a) Exemption from Government contracting and hiring rules \n(1) In general \nA determination by a Federal agency to use a procurement competition exemption under section 3304(a) of title 41, United States Code, or to use the authority granted in paragraph (2), for the purpose of implementing this title and the amendments made by this title is not subject to challenge by protest to the Government Accountability Office under chapter 35 of title 31, United States Code, or to the Court of Federal Claims, under section 1491 of title 28, United States Code. An agency shall immediately advise Congress of the exercise of the authority granted under this paragraph. (2) Government contracting exemption \nThe competition requirement under section 3306 of title 41, United States Code, may be waived or modified by a Federal agency for any procurement conducted to implement this title or the amendments made by this title if the senior procurement executive for the agency conducting the procurement— (A) determines that the waiver or modification is necessary; and (B) submits an explanation for such determination to the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Homeland Security of the House of Representatives. (3) Hiring rules exemption \n(A) In general \nNotwithstanding any other provision of law, the Secretary is authorized to make term, temporary limited, and part-time appointments of employees who will implement this title and the amendments made by this title without regard to the number of such employees, their ratio to permanent full-time employees, and the duration of their employment. (B) Savings provision \nNothing in chapter 71 of title 5, United States Code, shall affect the authority of any Department management official to hire term, temporary limited, or part-time employees under this paragraph.", "id": "HCC2C2B1942874D9BB18CFCC47ADA16BE", "header": "Exemption from Government contracting and hiring rules", "nested": [], "links": [ { "text": "chapter 35", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/31/35" }, { "text": "chapter 71", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/5/71" } ] }, { "text": "(b) Authority To acquire leaseholds \nNotwithstanding any other provision of law, the Secretary may acquire a leasehold interest in real property, and may provide in a lease entered into under this subsection for the construction or modification of any facility on the leased property, if the Secretary determines that the acquisition of such interest, and such construction or modification, are necessary in order to facilitate the implementation of this title and the amendments made by this title.", "id": "HFD01F789364B448B8A86B0360AAA5B42", "header": "Authority To acquire leaseholds", "nested": [], "links": [] } ], "links": [ { "text": "chapter 35", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/31/35" }, { "text": "chapter 71", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/5/71" } ] }, { "text": "1209. Conforming amendments to the Social Security Act \n(a) In general \nSection 208(e)(1) of the Social Security Act ( 42 U.S.C. 408(e)(1) ) is amended— (1) in subparagraph (B)(ii), by striking , or and inserting a semicolon at the end; (2) in subparagraph (C), by striking the comma at the end and inserting a semicolon; (3) by inserting after subparagraph (C) the following: (D) who is granted status as a lawful prospective immigrant under section 245B of the Immigration and Nationality Act; or (E) whose status is adjusted to that of lawful permanent resident under section 245C, 245D, 245E, or 245F of the Immigration and Nationality Act, ; and (4) in the undesignated matter at the end, by inserting , or in the case of a noncitizen described in subparagraph (D) or (E), if such conduct is alleged to have occurred before the date on which the noncitizen submitted an application under section 245B, 245C, 245D, 245E, or 245F of such Act before the period at the end. (b) Effective date \nThe amendments made by this section shall take effect on the first day of the tenth month beginning after the date of the enactment of this Act.", "id": "H211B19D24D4D4275A282FF961D64EB14", "header": "Conforming amendments to the Social Security Act", "nested": [ { "text": "(a) In general \nSection 208(e)(1) of the Social Security Act ( 42 U.S.C. 408(e)(1) ) is amended— (1) in subparagraph (B)(ii), by striking , or and inserting a semicolon at the end; (2) in subparagraph (C), by striking the comma at the end and inserting a semicolon; (3) by inserting after subparagraph (C) the following: (D) who is granted status as a lawful prospective immigrant under section 245B of the Immigration and Nationality Act; or (E) whose status is adjusted to that of lawful permanent resident under section 245C, 245D, 245E, or 245F of the Immigration and Nationality Act, ; and (4) in the undesignated matter at the end, by inserting , or in the case of a noncitizen described in subparagraph (D) or (E), if such conduct is alleged to have occurred before the date on which the noncitizen submitted an application under section 245B, 245C, 245D, 245E, or 245F of such Act before the period at the end.", "id": "H79BAE3A123684AE6BBCB930D47A9FBF9", "header": "In general", "nested": [], "links": [ { "text": "42 U.S.C. 408(e)(1)", "legal-doc": "usc", "parsable-cite": "usc/42/408" } ] }, { "text": "(b) Effective date \nThe amendments made by this section shall take effect on the first day of the tenth month beginning after the date of the enactment of this Act.", "id": "H7F2853CCFD0E47CD85FDF02B1765D9EC", "header": "Effective date", "nested": [], "links": [] } ], "links": [ { "text": "42 U.S.C. 408(e)(1)", "legal-doc": "usc", "parsable-cite": "usc/42/408" } ] }, { "text": "2001. Definitions \nIn this title: (1) Best interest determination \nThe term best interest determination means a formal process with procedural safeguards designed to give primary consideration to the child’s best interests in decision making. (2) Internally displaced persons \nThe term internally displaced persons means persons or groups of persons who— (A) have been forced to leave their homes or places of habitual residence because of armed conflict, generalized violence, violations of human rights, or natural or human-made disasters; and (B) have not crossed an internationally recognized border of a nation state. (3) International protection \nThe term international protection means— (A) asylum status; (B) refugee status; (C) protection under the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, done at New York December 10, 1984; and (D) any other regional protection status available in the Western Hemisphere. (4) Large-scale, nonintrusive inspection system \nThe term large-scale, nonintrusive inspection system means a technology, including x-ray, gamma-ray, and passive imaging systems, capable of producing an image of the contents of a commercial or passenger vehicle or freight rail car in 1 pass of such vehicle or car. (5) Pre-primary \nThe term pre-primary means deploying scanning technology before primary inspection booths at land border ports of entry in order to provide images of commercial or passenger vehicles or freight rail cars before they are presented for inspection. (6) Scanning \nThe term scanning means utilizing nonintrusive imaging equipment, radiation detection equipment, or both, to capture data, including images of a commercial or passenger vehicle or freight rail car.", "id": "HF37F4E6541EF4BBBABB36B11AF5EB6DF", "header": "Definitions", "nested": [], "links": [] }, { "text": "2101. United States Strategy for Engagement in Central America \n(a) In general \nThe Secretary of State shall implement a 4-year strategy, to be known as the United States Strategy for Engagement in Central America (referred to in this subtitle as the Strategy )— (1) to advance reforms in Central America; and (2) to address the key factors contributing to the flight of families, unaccompanied noncitizen children, and other individuals from Central America to the United States. (b) Elements \nThe Strategy shall include efforts— (1) to strengthen democratic governance, accountability, transparency, and the rule of law; (2) to combat corruption and impunity; (3) to improve access to justice; (4) to bolster the effectiveness and independence of judicial systems and public prosecutors’ offices; (5) to improve the effectiveness of civilian police forces; (6) to confront and counter the violence, extortion, and other crimes perpetrated by armed criminal gangs, illicit trafficking organizations, and organized crime, while disrupting recruitment efforts by such organizations; (7) to disrupt money laundering and other illicit financial operations of criminal networks, armed gangs, illicit trafficking organizations, and human smuggling networks; (8) to promote greater respect for internationally recognized human rights, labor rights, fundamental freedoms, and the media; (9) to protect the human rights of environmental defenders, civil society activists, and journalists; (10) to enhance accountability for government officials, including police and security force personnel, who are credibly alleged to have committed serious violations of human rights or other crimes; (11) to enhance the capability of governments in Central America to protect and provide for vulnerable and at-risk populations; (12) to address the underlying causes of poverty and inequality and the constraints to inclusive economic growth in Central America; and (13) to prevent and respond to endemic levels of sexual, gender-based, and domestic violence. (c) Coordination and consultation \nIn implementing the Strategy, the Secretary of State shall— (1) coordinate with the Secretary of the Treasury, the Secretary of Defense, the Secretary, the Attorney General, the Administrator of the United States Agency for International Development, and the Chief Executive Officer of the United States Development Finance Corporation; and (2) consult with the Director of National Intelligence, national and local civil society organizations in Central America and the United States, and the governments of Central America. (d) Support for Central American efforts \nTo the degree feasible, the Strategy shall support or complement efforts being carried out by the Governments of El Salvador, of Guatemala, and of Honduras, in coordination with bilateral and multilateral donors and partners, including the Inter-American Development Bank.", "id": "HC87E335FCB314F9AA4A5538B67F51D81", "header": "United States Strategy for Engagement in Central America", "nested": [ { "text": "(a) In general \nThe Secretary of State shall implement a 4-year strategy, to be known as the United States Strategy for Engagement in Central America (referred to in this subtitle as the Strategy )— (1) to advance reforms in Central America; and (2) to address the key factors contributing to the flight of families, unaccompanied noncitizen children, and other individuals from Central America to the United States.", "id": "HDD52E6F9644B438D9A85FD6E69014308", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Elements \nThe Strategy shall include efforts— (1) to strengthen democratic governance, accountability, transparency, and the rule of law; (2) to combat corruption and impunity; (3) to improve access to justice; (4) to bolster the effectiveness and independence of judicial systems and public prosecutors’ offices; (5) to improve the effectiveness of civilian police forces; (6) to confront and counter the violence, extortion, and other crimes perpetrated by armed criminal gangs, illicit trafficking organizations, and organized crime, while disrupting recruitment efforts by such organizations; (7) to disrupt money laundering and other illicit financial operations of criminal networks, armed gangs, illicit trafficking organizations, and human smuggling networks; (8) to promote greater respect for internationally recognized human rights, labor rights, fundamental freedoms, and the media; (9) to protect the human rights of environmental defenders, civil society activists, and journalists; (10) to enhance accountability for government officials, including police and security force personnel, who are credibly alleged to have committed serious violations of human rights or other crimes; (11) to enhance the capability of governments in Central America to protect and provide for vulnerable and at-risk populations; (12) to address the underlying causes of poverty and inequality and the constraints to inclusive economic growth in Central America; and (13) to prevent and respond to endemic levels of sexual, gender-based, and domestic violence.", "id": "H98DE3EA8826A43D2A74C1F231BD3F50E", "header": "Elements", "nested": [], "links": [] }, { "text": "(c) Coordination and consultation \nIn implementing the Strategy, the Secretary of State shall— (1) coordinate with the Secretary of the Treasury, the Secretary of Defense, the Secretary, the Attorney General, the Administrator of the United States Agency for International Development, and the Chief Executive Officer of the United States Development Finance Corporation; and (2) consult with the Director of National Intelligence, national and local civil society organizations in Central America and the United States, and the governments of Central America.", "id": "HF4E41A8C7E62440CB370C0A5EB0D4157", "header": "Coordination and consultation", "nested": [], "links": [] }, { "text": "(d) Support for Central American efforts \nTo the degree feasible, the Strategy shall support or complement efforts being carried out by the Governments of El Salvador, of Guatemala, and of Honduras, in coordination with bilateral and multilateral donors and partners, including the Inter-American Development Bank.", "id": "H97C1BBE65D864A089ECC45C59700836C", "header": "Support for Central American efforts", "nested": [], "links": [] } ], "links": [] }, { "text": "2102. Securing support of international donors and partners \n(a) Plan \nThe Secretary of State shall implement a 4-year plan— (1) to secure support from international donors and regional partners to enhance the implementation of the Strategy; (2) to identify governments that are willing to provide financial and technical assistance for the implementation of the Strategy and the specific assistance that will be provided; and (3) to identify and describe the financial and technical assistance to be provided by multilateral institutions, including the Inter-American Development Bank, the World Bank, the International Monetary Fund, the Andean Development Corporation–Development Bank of Latin America, and the Organization of American States. (b) Diplomatic engagement and coordination \nThe Secretary of State, in coordination with the Secretary of the Treasury, as appropriate, shall— (1) carry out diplomatic engagement to secure contributions of financial and technical assistance from international donors and partners in support of the Strategy; and (2) take all necessary steps to ensure effective cooperation among international donors and partners supporting the Strategy.", "id": "H32CC7EE960354EEDB2AE0B11A319EE10", "header": "Securing support of international donors and partners", "nested": [ { "text": "(a) Plan \nThe Secretary of State shall implement a 4-year plan— (1) to secure support from international donors and regional partners to enhance the implementation of the Strategy; (2) to identify governments that are willing to provide financial and technical assistance for the implementation of the Strategy and the specific assistance that will be provided; and (3) to identify and describe the financial and technical assistance to be provided by multilateral institutions, including the Inter-American Development Bank, the World Bank, the International Monetary Fund, the Andean Development Corporation–Development Bank of Latin America, and the Organization of American States.", "id": "H8346F2B4312243948C05B28F04D71234", "header": "Plan", "nested": [], "links": [] }, { "text": "(b) Diplomatic engagement and coordination \nThe Secretary of State, in coordination with the Secretary of the Treasury, as appropriate, shall— (1) carry out diplomatic engagement to secure contributions of financial and technical assistance from international donors and partners in support of the Strategy; and (2) take all necessary steps to ensure effective cooperation among international donors and partners supporting the Strategy.", "id": "H0476537869CA4B14B401263CD2154994", "header": "Diplomatic engagement and coordination", "nested": [], "links": [] } ], "links": [] }, { "text": "2103. Combating corruption, strengthening the rule of law, and consolidating democratic governance \nThe Secretary of State and the Administrator of the United States Agency for International Development are authorized— (1) to combat corruption in Central America by supporting— (A) Inspectors General and oversight institutions, including— (i) support for multilateral support missions for key ministries, including ministries responsible for tax, customs, procurement, and citizen security; and (ii) relevant training for inspectors and auditors; (B) multilateral support missions against corruption and impunity; (C) civil society organizations conducting oversight of executive and legislative branch officials and functions, police and security forces, and judicial officials and public prosecutors; and (D) the enhancement of freedom of information mechanisms; (2) to strengthen the rule of law in Central America by supporting— (A) Attorney General offices, public prosecutors, and the judiciary, including enhancing investigative and forensics capabilities; (B) independent, merit-based selection processes for judges and prosecutors, independent internal controls, and relevant ethics and professional training, including training on sexual, gender-based, and domestic violence; (C) improved victim, witness, and whistleblower protection and access to justice; and (D) reforms to and the improvement of prison facilities and management; (3) to consolidate democratic governance in Central America by supporting— (A) reforms of civil services, related training programs, and relevant laws and processes that lead to independent, merit-based selection processes; (B) national legislatures and their capacity to conduct oversight of executive branch functions; (C) reforms to, and strengthening of, political party and campaign finance laws and electoral tribunals; (D) local governments and their capacity to provide critical safety, education, health, and sanitation services to citizens; and (4) to defend human rights by supporting— (A) human rights ombudsman offices; (B) government protection programs that provide physical protection and security to human rights defenders, journalists, trade unionists, whistleblowers, and civil society activists who are at risk; (C) civil society organizations that promote and defend human rights, freedom of expression, freedom of the press, labor rights, environmental protection, and the rights of individuals with diverse sexual orientations or gender identities; and (D) civil society organizations that address sexual, gender-based, and domestic violence, and that protect victims of such violence.", "id": "HBF40038050024DC59EEACA33AED314F6", "header": "Combating corruption, strengthening the rule of law, and consolidating democratic governance", "nested": [], "links": [] }, { "text": "2104. Combating criminal violence and improving citizen security \nThe Secretary of State and the Administrator of the United States Agency for International Development are authorized— (1) to counter the violence and crime perpetrated by armed criminal gangs, illicit trafficking organizations, and human smuggling networks in Central America by providing assistance to civilian law enforcement, including support for— (A) the execution and management of complex, multi-actor criminal cases; (B) the enhancement of intelligence collection capacity, and training on civilian intelligence collection (including safeguards for privacy and basic civil liberties), investigative techniques, forensic analysis, and evidence preservation; (C) community policing policies and programs; (D) the enhancement of capacity to identify, investigate, and prosecute crimes involving sexual, gender-based, and domestic violence; and (E) port, airport, and border security officials, agencies and systems, including— (i) the professionalization of immigration personnel; (ii) improvements to computer infrastructure and data management systems, secure communications technologies, nonintrusive inspection equipment, and radar and aerial surveillance equipment; and (iii) assistance to canine units; (2) to disrupt illicit financial networks in Central America, including by supporting— (A) finance ministries, including the imposition of financial sanctions to block the assets of individuals and organizations involved in money laundering or the financing of armed criminal gangs, illicit trafficking networks, human smuggling networks, or organized crime; (B) financial intelligence units, including the establishment and enhancement of anti-money laundering programs; and (C) the reform of bank secrecy laws; (3) to assist in the professionalization of civilian police forces in Central America by supporting— (A) reforms with respect to personnel recruitment, vetting, and dismissal processes, including the enhancement of polygraph capability for use in such processes; (B) Inspectors General and oversight offices, including relevant training for inspectors and auditors, and independent oversight mechanisms, as appropriate; and (C) training and the development of protocols regarding the appropriate use of force and human rights; (4) to improve crime prevention and to reduce violence, extortion, child recruitment into gangs, and sexual slavery by supporting— (A) the improvement of child protection systems; (B) the enhancement of programs for at-risk youth, including the improvement of community centers and programs aimed at successfully reinserting former gang members; (C) livelihood programming that provides youth and other at-risk individuals with legal and sustainable alternatives to gang membership; (D) safe shelter and humanitarian responses for victims of crime and internal displacement; and (E) programs to receive and effectively reintegrate repatriated migrants in El Salvador, Guatemala, and Honduras.", "id": "HBDE903AF83E34C29AE2674BC6480E39F", "header": "Combating criminal violence and improving citizen security", "nested": [], "links": [] }, { "text": "2105. Combating sexual, gender-based, and domestic violence \nThe Secretary of State and the Administrator of the United States Agency for International Development are authorized to counter sexual, gender-based, and domestic violence in Central American countries by— (1) broadening engagement among national and local institutions to address sexual, gender-based, and domestic violence; (2) supporting educational initiatives to reduce sexual, gender-based, and domestic violence; (3) supporting outreach efforts tailored to meet the needs of women, girls, individuals of diverse sexual orientations or gender identities, and other vulnerable individuals at risk of violence and exploitation; (4) formalizing standards of care and confidentiality at police, health facilities, and other government facilities; and (5) establishing accountability mechanisms for perpetrators of violence.", "id": "H9D61B4605627414ABA345B222F5CF23D", "header": "Combating sexual, gender-based, and domestic violence", "nested": [], "links": [] }, { "text": "2106. Tackling extreme poverty and advancing economic development \nThe Secretary of State and the Administrator of the United States Agency for International Development are authorized to tackle extreme poverty and the underlying causes of poverty in Central American countries by— (1) strengthening human capital by supporting— (A) workforce development and entrepreneurship training programs that are driven by market demand, including programs that prioritize women, at-risk youth, and indigenous communities; (B) improving early-grade literacy, and primary and secondary school curricula; (C) relevant professional training for teachers and educational administrators; (D) educational policy reform and improvement of education sector budgeting; and (E) establishment and expansion of safe schools and related facilities for children; (2) enhancing economic competitiveness and investment climate by supporting— (A) small business development centers and programs that strengthen supply chain integration; (B) the improvement of protections for investors, including dispute resolution and arbitration mechanisms; (C) trade facilitation and customs harmonization programs; and (D) reducing energy costs through investments in clean technologies and the reform of energy policies and regulations; (3) strengthening food security by supporting— (A) small and medium-scale sustainable agriculture, including by providing technical training, improving access to credit, and promoting policies and programs that incentivize government agencies and private institutions to buy from local producers; (B) agricultural value chain development for farming communities; (C) nutrition programs to reduce childhood malnutrition and stunting rates; and (D) mitigation, adaptation, and recovery programs in response to natural disasters and other external shocks; and (4) improving fiscal and financial affairs by supporting— (A) domestic revenue generation, including programs to improve tax administration, collection, and enforcement; (B) strengthening public sector financial management, including strategic budgeting and expenditure tracking; and (C) reform of customs and procurement policies and processes.", "id": "H1CBA04C3C6D64844B21CE29151CA26BE", "header": "Tackling extreme poverty and advancing economic development", "nested": [], "links": [] }, { "text": "2107. Authorization of appropriations for United States Strategy for Engagement in Central America \n(a) In general \nThere are authorized to be appropriated $1,000,000,000 for each of the fiscal years 2024 through 2027 to carry out the Strategy. (b) Portion of funding available without condition \nThe Secretary of State or the Administrator of the United States Agency for International Development, as appropriate, may obligate up to 50 percent of the amounts appropriated in each fiscal year pursuant to subsection (a) to carry out the Strategy on the first day of the fiscal year for which they are appropriated. (c) Portion of funding available after progress on specific issues \nThe remaining 50 percent of the amounts appropriated pursuant to subsection (a) (after the obligations authorized under subsection (b)) may only be made available for assistance to the Government of El Salvador, of Guatemala, or of Honduras after the Secretary of State consults with, and subsequently certifies and reports to, the Committee on Foreign Relations of the Senate , the Committee on Appropriations of the Senate , the Committee on Foreign Affairs of the House of Representatives , and the Committee on Appropriations of the House of Representatives that the respective government is taking effective steps (in addition to steps taken during the previous calendar year)— (1) to combat corruption and impunity, including investigating and prosecuting government officials, military personnel, and civilian police officers credibly alleged to be corrupt; (2) to implement reforms, policies, and programs to strengthen the rule of law, including increasing the transparency of public institutions and the independence of the judiciary and electoral institutions; (3) to protect the rights of civil society, opposition political parties, trade unionists, human rights defenders, and the independence of the media; (4) to provide effective and accountable civilian law enforcement and security for its citizens, and curtailing the role of the military in internal policing; (5) to implement policies to reduce poverty and promote equitable economic growth and opportunity; (6) to increase government revenues, including by enhancing tax collection, strengthening customs agencies, and reforming procurement processes; (7) to improve border security and countering human smuggling, criminal gangs, drug traffickers, and transnational criminal organizations; (8) to counter and prevent sexual and gender-based violence; (9) to inform its citizens of the dangers of the journey to the southwest border of the United States; (10) to resolve disputes involving the confiscation of real property of United States entities; and (11) to implement reforms to strengthen educational systems, vocational training programs, and programs for at-risk youth.", "id": "HD5E8B7C8ACC143F1A8D998893CBB83DE", "header": "Authorization of appropriations for United States Strategy for Engagement in Central America", "nested": [ { "text": "(a) In general \nThere are authorized to be appropriated $1,000,000,000 for each of the fiscal years 2024 through 2027 to carry out the Strategy.", "id": "H119F6849C26D4CC6ADD13439EDAF6ABD", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Portion of funding available without condition \nThe Secretary of State or the Administrator of the United States Agency for International Development, as appropriate, may obligate up to 50 percent of the amounts appropriated in each fiscal year pursuant to subsection (a) to carry out the Strategy on the first day of the fiscal year for which they are appropriated.", "id": "HD8331234DD154E8C87AFA6A3EFA7CF24", "header": "Portion of funding available without condition", "nested": [], "links": [] }, { "text": "(c) Portion of funding available after progress on specific issues \nThe remaining 50 percent of the amounts appropriated pursuant to subsection (a) (after the obligations authorized under subsection (b)) may only be made available for assistance to the Government of El Salvador, of Guatemala, or of Honduras after the Secretary of State consults with, and subsequently certifies and reports to, the Committee on Foreign Relations of the Senate , the Committee on Appropriations of the Senate , the Committee on Foreign Affairs of the House of Representatives , and the Committee on Appropriations of the House of Representatives that the respective government is taking effective steps (in addition to steps taken during the previous calendar year)— (1) to combat corruption and impunity, including investigating and prosecuting government officials, military personnel, and civilian police officers credibly alleged to be corrupt; (2) to implement reforms, policies, and programs to strengthen the rule of law, including increasing the transparency of public institutions and the independence of the judiciary and electoral institutions; (3) to protect the rights of civil society, opposition political parties, trade unionists, human rights defenders, and the independence of the media; (4) to provide effective and accountable civilian law enforcement and security for its citizens, and curtailing the role of the military in internal policing; (5) to implement policies to reduce poverty and promote equitable economic growth and opportunity; (6) to increase government revenues, including by enhancing tax collection, strengthening customs agencies, and reforming procurement processes; (7) to improve border security and countering human smuggling, criminal gangs, drug traffickers, and transnational criminal organizations; (8) to counter and prevent sexual and gender-based violence; (9) to inform its citizens of the dangers of the journey to the southwest border of the United States; (10) to resolve disputes involving the confiscation of real property of United States entities; and (11) to implement reforms to strengthen educational systems, vocational training programs, and programs for at-risk youth.", "id": "H7093B017771A4A51AFB6EEA3A2CD3763", "header": "Portion of funding available after progress on specific issues", "nested": [], "links": [] } ], "links": [] }, { "text": "2201. Expanding refugee and asylum processing in the Western Hemisphere \n(a) Refugee processing \nThe Secretary of State, in coordination with the Secretary, shall work with international partners, including the United Nations High Commissioner for Refugees and international nongovernmental organizations, to support and strengthen the domestic capacity of countries in the Western Hemisphere to process and accept refugees for resettlement and adjudicate asylum claims by— (1) providing support and technical assistance to expand and improve the capacity to identify, process, and adjudicate refugee claims, adjudicate applications for asylum, or otherwise accept refugees referred for resettlement by the United Nations High Commissioner for Refugees or host nations, including by increasing the number of refugee and asylum officers who are trained in the relevant legal standards for adjudicating claims for protection; (2) establishing and expanding safe and secure locations to facilitate the safe and orderly movement of individuals and families seeking international protection; (3) improving national refugee and asylum registration systems to ensure that any person seeking refugee status, asylum, or other humanitarian protections— (A) receives due process and meaningful access to existing humanitarian protections; (B) is provided with adequate information about his or her rights, including the right to seek protection; (C) is properly screened for security, including biographic and biometric capture; and (D) receives appropriate documents to prevent fraud and ensure freedom of movement and access to basic social services; and (4) developing the capacity to conduct best interest determinations for unaccompanied children with international protection needs to ensure that such children are properly registered and that their claims are appropriately considered. (b) Diplomatic engagement and coordination \nThe Secretary of State, in coordination with the Secretary, as appropriate, shall— (1) carry out diplomatic engagement to secure commitments from governments to resettle refugees from Central America; and (2) take all necessary steps to ensure effective cooperation among governments resettling refugees from Central America.", "id": "H8E41D9B519E2444FA87791FB2217E3A5", "header": "Expanding refugee and asylum processing in the Western Hemisphere", "nested": [ { "text": "(a) Refugee processing \nThe Secretary of State, in coordination with the Secretary, shall work with international partners, including the United Nations High Commissioner for Refugees and international nongovernmental organizations, to support and strengthen the domestic capacity of countries in the Western Hemisphere to process and accept refugees for resettlement and adjudicate asylum claims by— (1) providing support and technical assistance to expand and improve the capacity to identify, process, and adjudicate refugee claims, adjudicate applications for asylum, or otherwise accept refugees referred for resettlement by the United Nations High Commissioner for Refugees or host nations, including by increasing the number of refugee and asylum officers who are trained in the relevant legal standards for adjudicating claims for protection; (2) establishing and expanding safe and secure locations to facilitate the safe and orderly movement of individuals and families seeking international protection; (3) improving national refugee and asylum registration systems to ensure that any person seeking refugee status, asylum, or other humanitarian protections— (A) receives due process and meaningful access to existing humanitarian protections; (B) is provided with adequate information about his or her rights, including the right to seek protection; (C) is properly screened for security, including biographic and biometric capture; and (D) receives appropriate documents to prevent fraud and ensure freedom of movement and access to basic social services; and (4) developing the capacity to conduct best interest determinations for unaccompanied children with international protection needs to ensure that such children are properly registered and that their claims are appropriately considered.", "id": "HAF136613CF954CBE8D85E08677F04E6F", "header": "Refugee processing", "nested": [], "links": [] }, { "text": "(b) Diplomatic engagement and coordination \nThe Secretary of State, in coordination with the Secretary, as appropriate, shall— (1) carry out diplomatic engagement to secure commitments from governments to resettle refugees from Central America; and (2) take all necessary steps to ensure effective cooperation among governments resettling refugees from Central America.", "id": "HDA780F3BA3A145338607DED873B4B110", "header": "Diplomatic engagement and coordination", "nested": [], "links": [] } ], "links": [] }, { "text": "2202. Further strengthening regional humanitarian responses in the Western Hemisphere \nThe Secretary of State, in coordination with international partners, including the United Nations High Commissioner for Refugees, shall support and coordinate with the government of each country hosting a significant population of refugees and asylum seekers from El Salvador, Guatemala, and Honduras— (1) to establish and expand temporary shelter and shelter network capacity to meet the immediate protection and humanitarian needs of refugees and asylum seekers, including shelters for families, women, unaccompanied children, and other vulnerable populations; (2) to deliver gender-, trauma-, and age-sensitive humanitarian assistance to refugees and asylum seekers, including access to accurate information, legal representation, education, livelihood opportunities, cash assistance, and health care; (3) to establish and expand sexual, gender-based, and domestic violence prevention, recovery, and humanitarian programming; (4) to fund national- and community-led humanitarian organizations in humanitarian response; (5) to support local integration initiatives to help refugees and asylum seekers rebuild their lives and contribute in a meaningful way to the local economy in their host country; and (6) to support technical assistance for refugee relocation and resettlement.", "id": "H08C289147C874810B6AB065ED3F1EFB2", "header": "Further strengthening regional humanitarian responses in the Western Hemisphere", "nested": [], "links": [] }, { "text": "2203. Information campaign on dangers of irregular migration \n(a) In general \nThe Secretary of State, in coordination with the Secretary, shall design and implement public information campaigns in El Salvador, Guatemala, Honduras, and other appropriate Central American countries— (1) to disseminate information about the potential dangers of travel to the United States; (2) to provide accurate information about United States immigration law and policy; and (3) to provide accurate information about the availability of asylum, other humanitarian protections in countries in the Western Hemisphere, and other legal means for migration. (b) Elements \nThe information campaigns implemented pursuant to subsection (a), to the greatest extent possible— (1) shall be targeted at regions with high levels of outbound migration or significant populations of internally displaced persons; (2) shall be conducted in local languages; (3) shall employ a variety of communications media, including social media; and (4) shall be developed in coordination with program officials at the Department of Homeland Security, the Department of State, and other government, nonprofit, or academic entities in close contact with migrant populations from El Salvador, Guatemala, and Honduras, including repatriated migrants.", "id": "H9A46D2E5C9BC48C3A65D0D97BA6FA3E2", "header": "Information campaign on dangers of irregular migration", "nested": [ { "text": "(a) In general \nThe Secretary of State, in coordination with the Secretary, shall design and implement public information campaigns in El Salvador, Guatemala, Honduras, and other appropriate Central American countries— (1) to disseminate information about the potential dangers of travel to the United States; (2) to provide accurate information about United States immigration law and policy; and (3) to provide accurate information about the availability of asylum, other humanitarian protections in countries in the Western Hemisphere, and other legal means for migration.", "id": "H1409D46EE7124636BF49312AF671E2C2", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Elements \nThe information campaigns implemented pursuant to subsection (a), to the greatest extent possible— (1) shall be targeted at regions with high levels of outbound migration or significant populations of internally displaced persons; (2) shall be conducted in local languages; (3) shall employ a variety of communications media, including social media; and (4) shall be developed in coordination with program officials at the Department of Homeland Security, the Department of State, and other government, nonprofit, or academic entities in close contact with migrant populations from El Salvador, Guatemala, and Honduras, including repatriated migrants.", "id": "HEF629CE14238485698CBE84D9C721635", "header": "Elements", "nested": [], "links": [] } ], "links": [] }, { "text": "2204. Identification, screening, and processing of refugees and other individuals eligible for lawful admission to the United States \n(a) Designated processing centers \n(1) In general \nThe Secretary of State, in coordination with the Secretary, shall establish designated processing centers for the registration, screening, and processing of refugees and other eligible individuals, and the resettlement or relocation of these individuals to the United States or other countries. (2) Locations \nNot fewer than 1 designated processing center shall be established in a safe and secure location identified by the United States and the host government in— (A) El Salvador; (B) Guatemala; (C) Honduras; and (D) any other Central American country that the Secretary of State considers appropriate to accept and process requests and applications under this subtitle. (b) Personnel \n(1) Refugee officers and related personnel \nThe Secretary shall ensure that sufficient numbers of refugee officers and other personnel are assigned to each designated processing center to fulfill the requirements under this subtitle. (2) Support personnel \nThe Secretary and the Attorney General shall hire and assign sufficient personnel to ensure, absent exceptional circumstances, that all security and law enforcement background checks required under this subtitle and family verification checks carried out by the Refugee Access Verification Unit are completed within 180 days. (c) Operations \n(1) In general \nAbsent extraordinary circumstances, each designated processing center shall commence operations as expeditiously as possible. (2) Productivity and quality control \nThe Secretary of State, in coordination with the Secretary, shall monitor the activities of each designated processing center and establish metrics and criteria for evaluating the productivity and quality control of each designated processing center.", "id": "HCF8B813E92004BCABA76D0E6C3BBEF4E", "header": "Identification, screening, and processing of refugees and other individuals eligible for lawful admission to the United States", "nested": [ { "text": "(a) Designated processing centers \n(1) In general \nThe Secretary of State, in coordination with the Secretary, shall establish designated processing centers for the registration, screening, and processing of refugees and other eligible individuals, and the resettlement or relocation of these individuals to the United States or other countries. (2) Locations \nNot fewer than 1 designated processing center shall be established in a safe and secure location identified by the United States and the host government in— (A) El Salvador; (B) Guatemala; (C) Honduras; and (D) any other Central American country that the Secretary of State considers appropriate to accept and process requests and applications under this subtitle.", "id": "H1F8CD76B3D1A441EB693118F0FB164C5", "header": "Designated processing centers", "nested": [], "links": [] }, { "text": "(b) Personnel \n(1) Refugee officers and related personnel \nThe Secretary shall ensure that sufficient numbers of refugee officers and other personnel are assigned to each designated processing center to fulfill the requirements under this subtitle. (2) Support personnel \nThe Secretary and the Attorney General shall hire and assign sufficient personnel to ensure, absent exceptional circumstances, that all security and law enforcement background checks required under this subtitle and family verification checks carried out by the Refugee Access Verification Unit are completed within 180 days.", "id": "H7D9E4EE360324151A477B10713FC74FF", "header": "Personnel", "nested": [], "links": [] }, { "text": "(c) Operations \n(1) In general \nAbsent extraordinary circumstances, each designated processing center shall commence operations as expeditiously as possible. (2) Productivity and quality control \nThe Secretary of State, in coordination with the Secretary, shall monitor the activities of each designated processing center and establish metrics and criteria for evaluating the productivity and quality control of each designated processing center.", "id": "HF548A0149A3D425B869010B9CA422155", "header": "Operations", "nested": [], "links": [] } ], "links": [] }, { "text": "2205. Registration and intake \n(a) Registration \nEach designated processing center shall receive and register individuals seeking to apply for benefits under this subtitle who meet criteria specified by the Secretary of State, in coordination with the Secretary. (b) Intake \nThe designated processing center shall assess registered individuals to determine the benefits for which they may be eligible, including— (1) refugee resettlement pursuant to the Central American Refugee Program described in section 2206; (2) the Central American Minors Program described in section 2207; and (3) the Central American Family Reunification Parole Program described in section 2208. (c) Expedited processing \nThe Secretary of State shall provide expedited processing of applications and requests under this subtitle in emergency situations, for humanitarian reasons, or if the Secretary of State otherwise determines that circumstances warrant expedited treatment.", "id": "H0862078E00A442AD9BF2E7BA39845B7C", "header": "Registration and intake", "nested": [ { "text": "(a) Registration \nEach designated processing center shall receive and register individuals seeking to apply for benefits under this subtitle who meet criteria specified by the Secretary of State, in coordination with the Secretary.", "id": "H8743352B6B354B85A9BB15504C4175AB", "header": "Registration", "nested": [], "links": [] }, { "text": "(b) Intake \nThe designated processing center shall assess registered individuals to determine the benefits for which they may be eligible, including— (1) refugee resettlement pursuant to the Central American Refugee Program described in section 2206; (2) the Central American Minors Program described in section 2207; and (3) the Central American Family Reunification Parole Program described in section 2208.", "id": "H25E597D3082D4A5FBD88AECBB36068D7", "header": "Intake", "nested": [], "links": [] }, { "text": "(c) Expedited processing \nThe Secretary of State shall provide expedited processing of applications and requests under this subtitle in emergency situations, for humanitarian reasons, or if the Secretary of State otherwise determines that circumstances warrant expedited treatment.", "id": "HF88F52EE20E9417D883057C71FF35F19", "header": "Expedited processing", "nested": [], "links": [] } ], "links": [] }, { "text": "2206. Central American Refugee Program \n(a) Processing at designated processing centers \n(1) In general \nAny individual who registers at a designated processing center, expresses a fear of persecution or an intention to apply for refugee status, and who is a national of El Salvador, of Honduras, of Guatemala, or of any other Central American country whose nationals the Secretary of State has determined are eligible for refugee status under this section may apply for refugee resettlement under this section. Upon filing of a completed application, the applicant may be referred to a refugee officer for further processing in accordance with this section. (2) Submission of biographic and biometric data \nAn applicant described in paragraph (1) shall submit biographic and biometric data in accordance with procedures established by the Secretary of State, in coordination with the Secretary. An alternative procedure shall be provided for applicants who are unable to provide all required biographic and biometric data because of a physical or mental impairment. (3) Background checks \nThe Secretary of State shall utilize biometric, biographic, and other appropriate data to conduct security and law enforcement background checks of applicants to determine whether there is any criminal, national security, or other ground that would render the applicant ineligible for admission as a refugee under section 207 of the Immigration and Nationality Act ( 8 U.S.C. 1157 ). (4) Orientation \nThe Secretary of State shall provide prospective applicants for refugee resettlement with information on applicable requirements and legal standards. All orientation materials, including application forms and instructions, shall be provided in English and Spanish. (5) International organizations \nThe Secretary of State, in consultation with the Secretary, shall enter into agreements with international organizations, including the United Nations High Commissioner for Refugees, to facilitate the processing and preparation of case files for applicants under this section. (b) Optional referral to other countries \n(1) In general \nAn applicant for refugee resettlement under this section may be referred to another country for the processing of the applicant’s refugee claim if another country agrees to promptly process the applicant’s refugee claim in accordance with the terms and procedures of a bilateral agreement described in paragraph (2). (2) Bilateral agreements for referral of refugees \n(A) In general \nThe Secretary of State, in consultation with the Secretary, may enter into bilateral agreements with other countries for the referral, processing, and resettlement of individuals who register at a designated processing center and seek to apply for refugee resettlement under this section. Such agreements shall be limited to countries with the demonstrated capacity to accept and adjudicate applications for refugee status and other forms of international protection, and to resettle refugees consistent with obligations under the Convention Relating to the Status of Refugees, done at Geneva July 28, 1951, and made applicable by the Protocol Relating to the Status of Refugees, done at New York January 31, 1967 (19 UST 6223). (B) International organizations \nThe Secretary of State, in consultation with the Secretary, may enter into agreements with international organizations, including the United Nations High Commissioner for Refugees, to facilitate the referral, processing, and resettlement of individuals described in subparagraph (A). (c) Emergency relocation coordination \nThe Secretary of State, in coordination with the Secretary, may enter into bilateral or multilateral agreements with other countries in the Western Hemisphere to establish safe and secure emergency transit centers for individuals who register at a designated processing center, are deemed to face an imminent risk of harm, and require temporary placement in a safe location pending a final decision on an application under this section. Such agreements may be developed in consultation with the United Nations High Commissioner for Refugees and shall conform to international humanitarian standards. (d) Expansion of refugee corps \nSubject to the availability of amounts provided in advance in appropriation Acts, the Secretary shall appoint additional refugee officers as may be necessary to carry out this section.", "id": "H6381207B28EB4ACFBB0DD22817A3532B", "header": "Central American Refugee Program", "nested": [ { "text": "(a) Processing at designated processing centers \n(1) In general \nAny individual who registers at a designated processing center, expresses a fear of persecution or an intention to apply for refugee status, and who is a national of El Salvador, of Honduras, of Guatemala, or of any other Central American country whose nationals the Secretary of State has determined are eligible for refugee status under this section may apply for refugee resettlement under this section. Upon filing of a completed application, the applicant may be referred to a refugee officer for further processing in accordance with this section. (2) Submission of biographic and biometric data \nAn applicant described in paragraph (1) shall submit biographic and biometric data in accordance with procedures established by the Secretary of State, in coordination with the Secretary. An alternative procedure shall be provided for applicants who are unable to provide all required biographic and biometric data because of a physical or mental impairment. (3) Background checks \nThe Secretary of State shall utilize biometric, biographic, and other appropriate data to conduct security and law enforcement background checks of applicants to determine whether there is any criminal, national security, or other ground that would render the applicant ineligible for admission as a refugee under section 207 of the Immigration and Nationality Act ( 8 U.S.C. 1157 ). (4) Orientation \nThe Secretary of State shall provide prospective applicants for refugee resettlement with information on applicable requirements and legal standards. All orientation materials, including application forms and instructions, shall be provided in English and Spanish. (5) International organizations \nThe Secretary of State, in consultation with the Secretary, shall enter into agreements with international organizations, including the United Nations High Commissioner for Refugees, to facilitate the processing and preparation of case files for applicants under this section.", "id": "H92CC34D4344D4BEC8CD5F8BBFF2AA16E", "header": "Processing at designated processing centers", "nested": [], "links": [ { "text": "8 U.S.C. 1157", "legal-doc": "usc", "parsable-cite": "usc/8/1157" } ] }, { "text": "(b) Optional referral to other countries \n(1) In general \nAn applicant for refugee resettlement under this section may be referred to another country for the processing of the applicant’s refugee claim if another country agrees to promptly process the applicant’s refugee claim in accordance with the terms and procedures of a bilateral agreement described in paragraph (2). (2) Bilateral agreements for referral of refugees \n(A) In general \nThe Secretary of State, in consultation with the Secretary, may enter into bilateral agreements with other countries for the referral, processing, and resettlement of individuals who register at a designated processing center and seek to apply for refugee resettlement under this section. Such agreements shall be limited to countries with the demonstrated capacity to accept and adjudicate applications for refugee status and other forms of international protection, and to resettle refugees consistent with obligations under the Convention Relating to the Status of Refugees, done at Geneva July 28, 1951, and made applicable by the Protocol Relating to the Status of Refugees, done at New York January 31, 1967 (19 UST 6223). (B) International organizations \nThe Secretary of State, in consultation with the Secretary, may enter into agreements with international organizations, including the United Nations High Commissioner for Refugees, to facilitate the referral, processing, and resettlement of individuals described in subparagraph (A).", "id": "HC2D611B409A5496BBAE00EF737913594", "header": "Optional referral to other countries", "nested": [], "links": [] }, { "text": "(c) Emergency relocation coordination \nThe Secretary of State, in coordination with the Secretary, may enter into bilateral or multilateral agreements with other countries in the Western Hemisphere to establish safe and secure emergency transit centers for individuals who register at a designated processing center, are deemed to face an imminent risk of harm, and require temporary placement in a safe location pending a final decision on an application under this section. Such agreements may be developed in consultation with the United Nations High Commissioner for Refugees and shall conform to international humanitarian standards.", "id": "H3A53FD14B203488684B67178DC59BA1F", "header": "Emergency relocation coordination", "nested": [], "links": [] }, { "text": "(d) Expansion of refugee corps \nSubject to the availability of amounts provided in advance in appropriation Acts, the Secretary shall appoint additional refugee officers as may be necessary to carry out this section.", "id": "HB5937317288E48D7BEF12A80898080CB", "header": "Expansion of refugee corps", "nested": [], "links": [] } ], "links": [ { "text": "8 U.S.C. 1157", "legal-doc": "usc", "parsable-cite": "usc/8/1157" } ] }, { "text": "2207. Central American Minors Program \n(a) Eligibility \n(1) Petition \nIf an assessment under section 2205(b) results in a determination that a noncitizen is eligible for special immigrant status in accordance with this subsection— (A) the designated processing center that conducted such assessment may accept a petition for such status filed by the noncitizen, or on behalf of the noncitizen by a parent or legal guardian; and (B) subject to subsection (d), and notwithstanding any other provision of law, the Secretary may provide such noncitizen with status as a special immigrant under section 101(a)(27) of the Immigration and Nationality Act ( 8 U.S.C. 1101(a)(27) ). (2) Criteria \nA noncitizen shall be eligible under this subsection if he or she— (A) is a national of El Salvador, of Honduras, of Guatemala, or of any other Central American country whose nationals the Secretary has determined are eligible for special immigrant status under this section; (B) is a child (as defined in section 101(b)(1) of the Immigration and Nationality Act ( 8 U.S.C. 1101(b)(1) )) of an individual who is lawfully present in the United States; and (C) is otherwise admissible to the United States (excluding the grounds of inadmissibility specified in section 212(a)(4) of the Immigration and Nationality Act ( 8 U.S.C. 1182(a)(4) )). (b) Minor children \nAny child (as defined in section 101(b)(1) of the Immigration and Nationality Act ( 8 U.S.C. 1101(b)(1) )) of a noncitizen described in subsection (a) is entitled to special immigrant status if accompanying or following to join such noncitizen. (c) Exclusion from numerical limitations \nNoncitizens provided special immigrant status under this section shall not be counted against any numerical limitation under the Immigration and Nationality Act ( 8 U.S.C. 1101 et seq. ). (d) Applicants under prior Central American Minors Refugee Program \n(1) In general \nThe Secretary shall deem an application filed under the Central American Minors Refugee Program, established on December 1, 2014, and terminated on August 16, 2017, which was not the subject of a final disposition before January 31, 2018, to be a petition filed under this section. (2) Final determination \nAbsent exceptional circumstances, the Secretary shall make a final determination on applications described in paragraph (1) not later than 180 days after the date of the enactment of this Act. (3) Notice \nThe Secretary shall— (A) promptly notify all relevant parties of the conversion of an application described in paragraph (1) into a special immigrant petition; and (B) provide instructions for withdrawal of the petition if the noncitizen does not want to proceed with the requested relief. (e) Biometrics and background checks \n(1) Submission of biometric and biographic data \nPetitioners for special immigrant status under this section shall submit biometric and biographic data in accordance with procedures established by the Secretary. An alternative procedure shall be provided for applicants who are unable to provide all required biometric data because of a physical or mental impairment. (2) Background checks \nThe Secretary shall utilize biometric, biographic, and other appropriate data to conduct security and law enforcement background checks of petitioners to determine whether there is any criminal, national security, or other ground that would render the applicant ineligible for special immigrant status under this section. (3) Completion of background checks \nThe security and law enforcement background checks required under paragraph (2) shall be completed, to the satisfaction of the Secretary, before the date on which a petition for special immigrant status under this section may be approved.", "id": "HB6297565671F4405B5038329DFDF150A", "header": "Central American Minors Program", "nested": [ { "text": "(a) Eligibility \n(1) Petition \nIf an assessment under section 2205(b) results in a determination that a noncitizen is eligible for special immigrant status in accordance with this subsection— (A) the designated processing center that conducted such assessment may accept a petition for such status filed by the noncitizen, or on behalf of the noncitizen by a parent or legal guardian; and (B) subject to subsection (d), and notwithstanding any other provision of law, the Secretary may provide such noncitizen with status as a special immigrant under section 101(a)(27) of the Immigration and Nationality Act ( 8 U.S.C. 1101(a)(27) ). (2) Criteria \nA noncitizen shall be eligible under this subsection if he or she— (A) is a national of El Salvador, of Honduras, of Guatemala, or of any other Central American country whose nationals the Secretary has determined are eligible for special immigrant status under this section; (B) is a child (as defined in section 101(b)(1) of the Immigration and Nationality Act ( 8 U.S.C. 1101(b)(1) )) of an individual who is lawfully present in the United States; and (C) is otherwise admissible to the United States (excluding the grounds of inadmissibility specified in section 212(a)(4) of the Immigration and Nationality Act ( 8 U.S.C. 1182(a)(4) )).", "id": "HEA441020ED8D4F84887775CD558F96FB", "header": "Eligibility", "nested": [], "links": [ { "text": "8 U.S.C. 1101(a)(27)", "legal-doc": "usc", "parsable-cite": "usc/8/1101" }, { "text": "8 U.S.C. 1101(b)(1)", "legal-doc": "usc", "parsable-cite": "usc/8/1101" }, { "text": "8 U.S.C. 1182(a)(4)", "legal-doc": "usc", "parsable-cite": "usc/8/1182" } ] }, { "text": "(b) Minor children \nAny child (as defined in section 101(b)(1) of the Immigration and Nationality Act ( 8 U.S.C. 1101(b)(1) )) of a noncitizen described in subsection (a) is entitled to special immigrant status if accompanying or following to join such noncitizen.", "id": "H0B23B467C217493FABE48554BB307F86", "header": "Minor children", "nested": [], "links": [ { "text": "8 U.S.C. 1101(b)(1)", "legal-doc": "usc", "parsable-cite": "usc/8/1101" } ] }, { "text": "(c) Exclusion from numerical limitations \nNoncitizens provided special immigrant status under this section shall not be counted against any numerical limitation under the Immigration and Nationality Act ( 8 U.S.C. 1101 et seq. ).", "id": "H5CE6A6A590EA480797D410DA2F058866", "header": "Exclusion from numerical limitations", "nested": [], "links": [ { "text": "8 U.S.C. 1101 et seq.", "legal-doc": "usc", "parsable-cite": "usc/8/1101" } ] }, { "text": "(d) Applicants under prior Central American Minors Refugee Program \n(1) In general \nThe Secretary shall deem an application filed under the Central American Minors Refugee Program, established on December 1, 2014, and terminated on August 16, 2017, which was not the subject of a final disposition before January 31, 2018, to be a petition filed under this section. (2) Final determination \nAbsent exceptional circumstances, the Secretary shall make a final determination on applications described in paragraph (1) not later than 180 days after the date of the enactment of this Act. (3) Notice \nThe Secretary shall— (A) promptly notify all relevant parties of the conversion of an application described in paragraph (1) into a special immigrant petition; and (B) provide instructions for withdrawal of the petition if the noncitizen does not want to proceed with the requested relief.", "id": "H7604770B83074AC4BE2BB554C403AFA8", "header": "Applicants under prior Central American Minors Refugee Program", "nested": [], "links": [] }, { "text": "(e) Biometrics and background checks \n(1) Submission of biometric and biographic data \nPetitioners for special immigrant status under this section shall submit biometric and biographic data in accordance with procedures established by the Secretary. An alternative procedure shall be provided for applicants who are unable to provide all required biometric data because of a physical or mental impairment. (2) Background checks \nThe Secretary shall utilize biometric, biographic, and other appropriate data to conduct security and law enforcement background checks of petitioners to determine whether there is any criminal, national security, or other ground that would render the applicant ineligible for special immigrant status under this section. (3) Completion of background checks \nThe security and law enforcement background checks required under paragraph (2) shall be completed, to the satisfaction of the Secretary, before the date on which a petition for special immigrant status under this section may be approved.", "id": "H2E7D6533ED8343A39E473ADF7CC26B91", "header": "Biometrics and background checks", "nested": [], "links": [] } ], "links": [ { "text": "8 U.S.C. 1101(a)(27)", "legal-doc": "usc", "parsable-cite": "usc/8/1101" }, { "text": "8 U.S.C. 1101(b)(1)", "legal-doc": "usc", "parsable-cite": "usc/8/1101" }, { "text": "8 U.S.C. 1182(a)(4)", "legal-doc": "usc", "parsable-cite": "usc/8/1182" }, { "text": "8 U.S.C. 1101(b)(1)", "legal-doc": "usc", "parsable-cite": "usc/8/1101" }, { "text": "8 U.S.C. 1101 et seq.", "legal-doc": "usc", "parsable-cite": "usc/8/1101" } ] }, { "text": "2208. Central American Family Reunification Parole Program \n(a) Eligibility \n(1) Application \nIf an assessment under section 2205(b) results in a determination that a noncitizen is eligible for parole in accordance with this section— (A) the designated processing center may accept a completed application for parole filed by the noncitizen, or on behalf of the noncitizen by a parent or legal guardian; and (B) the Secretary may grant parole under section 212(d)(5) of the Immigration and Nationality Act ( 8 U.S.C. 1182(d)(5) ) to such noncitizen. (2) Criteria \nA noncitizen shall be eligible for parole under this section if he or she— (A) is a national of El Salvador, of Guatemala, of Honduras, or of any other Central American country whose nationals the Secretary has determined are eligible for parole under this section; (B) is the beneficiary of an approved immigrant visa petition under section 203(a) of the Immigration and Nationality Act ( 8 U.S.C. 1153(a) ); and (C) an immigrant visa is not immediately available for the noncitizen, but is expected to be available within a period designated by the Secretary. (b) Biometrics and background checks \n(1) Submission of biometric and biographic data \nApplicants for parole under this section shall be required to submit biometric and biographic data in accordance with procedures established by the Secretary. An alternative procedure shall be provided for applicants who are unable to provide all required biometric data because of a physical or mental impairment. (2) Background checks \nThe Secretary shall utilize biometric, biographic, and other appropriate data to conduct security and law enforcement background checks of applicants to determine whether there is any criminal, national security, or other ground that would render the applicant ineligible for parole under this section. (3) Completion of background checks \nThe security and law enforcement background checks required under paragraph (2) shall be completed to the satisfaction of the Secretary before the date on which an application for parole may be approved.", "id": "HF78B7C3106E548C093C4DB64B5E5F6D8", "header": "Central American Family Reunification Parole Program", "nested": [ { "text": "(a) Eligibility \n(1) Application \nIf an assessment under section 2205(b) results in a determination that a noncitizen is eligible for parole in accordance with this section— (A) the designated processing center may accept a completed application for parole filed by the noncitizen, or on behalf of the noncitizen by a parent or legal guardian; and (B) the Secretary may grant parole under section 212(d)(5) of the Immigration and Nationality Act ( 8 U.S.C. 1182(d)(5) ) to such noncitizen. (2) Criteria \nA noncitizen shall be eligible for parole under this section if he or she— (A) is a national of El Salvador, of Guatemala, of Honduras, or of any other Central American country whose nationals the Secretary has determined are eligible for parole under this section; (B) is the beneficiary of an approved immigrant visa petition under section 203(a) of the Immigration and Nationality Act ( 8 U.S.C. 1153(a) ); and (C) an immigrant visa is not immediately available for the noncitizen, but is expected to be available within a period designated by the Secretary.", "id": "H62D84BEF041B4A278723D1D11394364E", "header": "Eligibility", "nested": [], "links": [ { "text": "8 U.S.C. 1182(d)(5)", "legal-doc": "usc", "parsable-cite": "usc/8/1182" }, { "text": "8 U.S.C. 1153(a)", "legal-doc": "usc", "parsable-cite": "usc/8/1153" } ] }, { "text": "(b) Biometrics and background checks \n(1) Submission of biometric and biographic data \nApplicants for parole under this section shall be required to submit biometric and biographic data in accordance with procedures established by the Secretary. An alternative procedure shall be provided for applicants who are unable to provide all required biometric data because of a physical or mental impairment. (2) Background checks \nThe Secretary shall utilize biometric, biographic, and other appropriate data to conduct security and law enforcement background checks of applicants to determine whether there is any criminal, national security, or other ground that would render the applicant ineligible for parole under this section. (3) Completion of background checks \nThe security and law enforcement background checks required under paragraph (2) shall be completed to the satisfaction of the Secretary before the date on which an application for parole may be approved.", "id": "HA6F7F6099CDF4EF98515087FFA94BA04", "header": "Biometrics and background checks", "nested": [], "links": [] } ], "links": [ { "text": "8 U.S.C. 1182(d)(5)", "legal-doc": "usc", "parsable-cite": "usc/8/1182" }, { "text": "8 U.S.C. 1153(a)", "legal-doc": "usc", "parsable-cite": "usc/8/1153" } ] }, { "text": "2209. Informational campaign; case status hotline \n(a) Informational campaign \nThe Secretary shall implement an informational campaign, in English and Spanish, in the United States, El Salvador, Guatemala, Honduras, and other appropriate Central American countries to increase awareness of the programs authorized under this subtitle. (b) Case status hotline \nThe Secretary shall establish a case status hotline to provide confidential processing information on pending cases.", "id": "HB632055FA75E47F5BC298CA09E98A6A8", "header": "Informational campaign; case status hotline", "nested": [ { "text": "(a) Informational campaign \nThe Secretary shall implement an informational campaign, in English and Spanish, in the United States, El Salvador, Guatemala, Honduras, and other appropriate Central American countries to increase awareness of the programs authorized under this subtitle.", "id": "H6C9C0FB1EE284FFCA67CE09FC6424B9E", "header": "Informational campaign", "nested": [], "links": [] }, { "text": "(b) Case status hotline \nThe Secretary shall establish a case status hotline to provide confidential processing information on pending cases.", "id": "HE4FCA72426AD425F93CC32B3CDC13CB3", "header": "Case status hotline", "nested": [], "links": [] } ], "links": [] }, { "text": "2301. Expediting legitimate trade and travel at ports of entry \n(a) Technology deployment plan \nThe Secretary is authorized to develop and implement a plan to deploy technology— (1) to expedite the screening of legitimate trade and travel; and (2) to enhance the ability to identify narcotics and other contraband, at every land, air, and sea port of entry. (b) Elements \nThe technology deployment plan developed pursuant to subsection (a) shall include— (1) the specific steps that will be taken to increase the rate of high-throughput scanning of commercial and passenger vehicles and freight rail traffic entering the United States at land ports of entry and rail-border crossings along the border using large-scale, nonintrusive inspection systems or similar technology before primary inspections booths to enhance border security; (2) a comprehensive description of the technologies and improvements needed to facilitate legal travel and trade, reduce wait times, and better identify contraband at land and rail ports of entry, including— (A) the specific steps the Secretary will take to ensure, to the greatest extent practicable, that high-throughput scanning technologies are deployed within 5 years at all land border ports of entry to ensure that all commercial and passenger vehicles and freight rail traffic entering the United States at land ports of entry and rail-border crossings along the border undergo pre-primary scanning; and (B) the specific steps the Secretary will take to increase the amount of cargo that is subject to nonintrusive inspections systems at all ports of entry; (3) a comprehensive description of the technologies and improvements needed to enhance traveler experience, reduce inspection and wait times, and better identify potential criminals and terrorists at airports of entry; (4) a comprehensive description of the technologies and improvements needed— (A) to enhance the security of maritime trade; (B) to increase the percent of shipping containers that are scanned; and (C) to enhance the speed and quality of inspections without adversely impacting trade flows; (5) any projected impacts identified by the Commissioner of U.S. Customs and Border Protection regarding— (A) the number of commercial and passenger vehicles and freight rail traffic entering at land ports of entry and rail-border crossings; (B) where such systems are in use; and (C) the average wait times at peak and non-peak travel times, by lane type (if applicable), as scanning rates are increased; (6) any projected impacts, as identified by the Commissioner of U.S. Customs and Border Protection, regarding border security operations at ports of entry as a result of implementation actions, including any required changes to the number of U.S. Customs and Border Protection officers or their duties and assignments; (7) any projected impact on— (A) the ability of regular border crossers and border community residents to cross the border efficiently; and (B) the privacy and civil liberties of border community residents (as identified by medical professionals), border community stakeholders (including elected officials, educators, and business leaders), and civil rights experts; (8) detailed performance measures and benchmarks that can be used to evaluate how effective these technologies are in helping to expedite legal trade and travel while enhancing security at ports of entry; and (9) the estimated costs and an acquisition plan for implementing the steps identified in the plan, including— (A) achieving pre-primary, high-throughput scanning at all feasible land and rail ports of entry within the timeframes specified in paragraph (1); (B) reducing passenger and pedestrian wait times; (C) the acquisition, operations, and maintenance costs for large-scale, nonintrusive inspection systems and other technologies identified in the plan; and (D) associated costs for any necessary infrastructure enhancements or configuration changes at each port of entry. (c) Small business opportunities \nThe acquisition plan required under subsection (b)(9) shall promote, to the extent practicable, opportunities for entities that qualify as small business concerns (as defined under section 3(a) of the Small Business Act ( 15 U.S.C. 632(a) )). (d) Modernization of port of entry infrastructure \nThe Secretary is authorized to develop and implement a plan that— (1) identifies infrastructure improvements at ports of entry that would— (A) enhance the ability to process asylum seekers; (B) facilitate daily pedestrian and vehicular trade and traffic; and (C) detect, interdict, disrupt, and prevent fentanyl, other synthetic opioids, and other narcotics and psychoactive substances and associated contraband from entering the United States; (2) describes circumstances in which effective technology in use at certain ports of entry cannot be implemented at other ports of entry, including— (A) infrastructure constraints that would impact the ability to deploy detection equipment to improve the ability of such officers to identify such drugs and other dangers that are being illegally transported into the United States; and (B) mitigation measures that could be implemented at these ports of entry; and (3) includes other improvements to infrastructure and safety equipment that are needed to protect officers from inclement weather, surveillance by smugglers, and accidental exposure to narcotics or other dangers associated with the inspection of potential drug traffickers. (e) Authorization of appropriations \nThere are authorized to be appropriated such funds as may be necessary to implement the plans required under this section.", "id": "H0F29CE391FFE444AB4A7D077C2456F70", "header": "Expediting legitimate trade and travel at ports of entry", "nested": [ { "text": "(a) Technology deployment plan \nThe Secretary is authorized to develop and implement a plan to deploy technology— (1) to expedite the screening of legitimate trade and travel; and (2) to enhance the ability to identify narcotics and other contraband, at every land, air, and sea port of entry.", "id": "HEBE29EFE07DD47439F47FD7F5744667E", "header": "Technology deployment plan", "nested": [], "links": [] }, { "text": "(b) Elements \nThe technology deployment plan developed pursuant to subsection (a) shall include— (1) the specific steps that will be taken to increase the rate of high-throughput scanning of commercial and passenger vehicles and freight rail traffic entering the United States at land ports of entry and rail-border crossings along the border using large-scale, nonintrusive inspection systems or similar technology before primary inspections booths to enhance border security; (2) a comprehensive description of the technologies and improvements needed to facilitate legal travel and trade, reduce wait times, and better identify contraband at land and rail ports of entry, including— (A) the specific steps the Secretary will take to ensure, to the greatest extent practicable, that high-throughput scanning technologies are deployed within 5 years at all land border ports of entry to ensure that all commercial and passenger vehicles and freight rail traffic entering the United States at land ports of entry and rail-border crossings along the border undergo pre-primary scanning; and (B) the specific steps the Secretary will take to increase the amount of cargo that is subject to nonintrusive inspections systems at all ports of entry; (3) a comprehensive description of the technologies and improvements needed to enhance traveler experience, reduce inspection and wait times, and better identify potential criminals and terrorists at airports of entry; (4) a comprehensive description of the technologies and improvements needed— (A) to enhance the security of maritime trade; (B) to increase the percent of shipping containers that are scanned; and (C) to enhance the speed and quality of inspections without adversely impacting trade flows; (5) any projected impacts identified by the Commissioner of U.S. Customs and Border Protection regarding— (A) the number of commercial and passenger vehicles and freight rail traffic entering at land ports of entry and rail-border crossings; (B) where such systems are in use; and (C) the average wait times at peak and non-peak travel times, by lane type (if applicable), as scanning rates are increased; (6) any projected impacts, as identified by the Commissioner of U.S. Customs and Border Protection, regarding border security operations at ports of entry as a result of implementation actions, including any required changes to the number of U.S. Customs and Border Protection officers or their duties and assignments; (7) any projected impact on— (A) the ability of regular border crossers and border community residents to cross the border efficiently; and (B) the privacy and civil liberties of border community residents (as identified by medical professionals), border community stakeholders (including elected officials, educators, and business leaders), and civil rights experts; (8) detailed performance measures and benchmarks that can be used to evaluate how effective these technologies are in helping to expedite legal trade and travel while enhancing security at ports of entry; and (9) the estimated costs and an acquisition plan for implementing the steps identified in the plan, including— (A) achieving pre-primary, high-throughput scanning at all feasible land and rail ports of entry within the timeframes specified in paragraph (1); (B) reducing passenger and pedestrian wait times; (C) the acquisition, operations, and maintenance costs for large-scale, nonintrusive inspection systems and other technologies identified in the plan; and (D) associated costs for any necessary infrastructure enhancements or configuration changes at each port of entry.", "id": "H12B9F7FD8649455686C0B716CBF30D3A", "header": "Elements", "nested": [], "links": [] }, { "text": "(c) Small business opportunities \nThe acquisition plan required under subsection (b)(9) shall promote, to the extent practicable, opportunities for entities that qualify as small business concerns (as defined under section 3(a) of the Small Business Act ( 15 U.S.C. 632(a) )).", "id": "H978360A058F24FD190AFE1833EECC9EC", "header": "Small business opportunities", "nested": [], "links": [ { "text": "15 U.S.C. 632(a)", "legal-doc": "usc", "parsable-cite": "usc/15/632" } ] }, { "text": "(d) Modernization of port of entry infrastructure \nThe Secretary is authorized to develop and implement a plan that— (1) identifies infrastructure improvements at ports of entry that would— (A) enhance the ability to process asylum seekers; (B) facilitate daily pedestrian and vehicular trade and traffic; and (C) detect, interdict, disrupt, and prevent fentanyl, other synthetic opioids, and other narcotics and psychoactive substances and associated contraband from entering the United States; (2) describes circumstances in which effective technology in use at certain ports of entry cannot be implemented at other ports of entry, including— (A) infrastructure constraints that would impact the ability to deploy detection equipment to improve the ability of such officers to identify such drugs and other dangers that are being illegally transported into the United States; and (B) mitigation measures that could be implemented at these ports of entry; and (3) includes other improvements to infrastructure and safety equipment that are needed to protect officers from inclement weather, surveillance by smugglers, and accidental exposure to narcotics or other dangers associated with the inspection of potential drug traffickers.", "id": "H32B236E3912C48199C36A03ED575A77C", "header": "Modernization of port of entry infrastructure", "nested": [], "links": [] }, { "text": "(e) Authorization of appropriations \nThere are authorized to be appropriated such funds as may be necessary to implement the plans required under this section.", "id": "HE84429A968DC4C729B2665B5E7A84840", "header": "Authorization of appropriations", "nested": [], "links": [] } ], "links": [ { "text": "15 U.S.C. 632(a)", "legal-doc": "usc", "parsable-cite": "usc/15/632" } ] }, { "text": "2302. Deploying smart technology at the southern border \n(a) In general \nThe Secretary is authorized to develop and implement a strategy to manage and secure the southern border of the United States by deploying smart technology— (1) to enhance situational awareness along the border; and (2) to counter transnational criminal networks. (b) Contents \nThe smart technology strategy described in subsection (a) shall include— (1) a comprehensive assessment of the physical barriers, levees, technologies, tools, and other devices that are currently in use along the southern border of the United States; (2) the deployment of technology between ports of entry that focuses on flexible solutions that can expand the ability to detect illicit activity, evaluate the effectiveness of border security operations, and be easily relocated, broken out by U.S. Border Patrol sector; (3) the specific steps that may be taken in each U.S. Border Patrol sector during the next 5 years to identify technology systems and tools that can help provide situational awareness of the southern border; (4) an explanation for why each technology, tool, or other device was recommended to achieve and maintain situational awareness of the southern border, including— (A) the methodology used to determine which type of technology, tool, or other device was recommended; (B) a specific description of how each technology will contribute to the goal of evaluating the performance and identifying the effectiveness rate of U.S. Border Patrol agents and operations; and (C) a privacy evaluation of each technology, tool, or other device that examines their potential impact on border communities; (5) cost-effectiveness calculations for each technology, tool, or other device that will be deployed, including an analysis of the cost per mile of border surveillance; (6) a cost justification for each instance a more expensive technology, tool, or other device is recommended over a less expensive option in a given U.S. Border Patrol sector; and (7) performance measures that can be used to evaluate the effectiveness of each technology deployed and of U.S. Border Patrol operations in each sector. (c) Authorization of appropriations \nThere are authorized to be appropriated such sums as may be necessary to implement this section.", "id": "HDC83FC44405E4FFA8146393374FF6F6D", "header": "Deploying smart technology at the southern border", "nested": [ { "text": "(a) In general \nThe Secretary is authorized to develop and implement a strategy to manage and secure the southern border of the United States by deploying smart technology— (1) to enhance situational awareness along the border; and (2) to counter transnational criminal networks.", "id": "H4F02765383614567B29381FF351489F6", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Contents \nThe smart technology strategy described in subsection (a) shall include— (1) a comprehensive assessment of the physical barriers, levees, technologies, tools, and other devices that are currently in use along the southern border of the United States; (2) the deployment of technology between ports of entry that focuses on flexible solutions that can expand the ability to detect illicit activity, evaluate the effectiveness of border security operations, and be easily relocated, broken out by U.S. Border Patrol sector; (3) the specific steps that may be taken in each U.S. Border Patrol sector during the next 5 years to identify technology systems and tools that can help provide situational awareness of the southern border; (4) an explanation for why each technology, tool, or other device was recommended to achieve and maintain situational awareness of the southern border, including— (A) the methodology used to determine which type of technology, tool, or other device was recommended; (B) a specific description of how each technology will contribute to the goal of evaluating the performance and identifying the effectiveness rate of U.S. Border Patrol agents and operations; and (C) a privacy evaluation of each technology, tool, or other device that examines their potential impact on border communities; (5) cost-effectiveness calculations for each technology, tool, or other device that will be deployed, including an analysis of the cost per mile of border surveillance; (6) a cost justification for each instance a more expensive technology, tool, or other device is recommended over a less expensive option in a given U.S. Border Patrol sector; and (7) performance measures that can be used to evaluate the effectiveness of each technology deployed and of U.S. Border Patrol operations in each sector.", "id": "H9910F6E1829A4104A33201A8B2C997D2", "header": "Contents", "nested": [], "links": [] }, { "text": "(c) Authorization of appropriations \nThere are authorized to be appropriated such sums as may be necessary to implement this section.", "id": "HC20FB51E12464540B25E87CC87F87B6C", "header": "Authorization of appropriations", "nested": [], "links": [] } ], "links": [] }, { "text": "2303. Independent oversight on privacy rights \nThe Office of the Inspector General for the Department of Homeland Security shall conduct oversight to ensure that— (1) the technology used by U.S. Customs and Border Protection is— (A) effective in serving a legitimate agency purpose; (B) the least intrusive means of serving such purpose; and (C) cost effective; (2) guidelines are developed for using such technology to ensure appropriate limits on data collection, processing, sharing, and retention; and (3) the Department of Homeland Security has consulted with stakeholders, including affected border communities, in the development of any plans to expand technology.", "id": "HD8A28DEDB724411D89963F9C5D4F60E2", "header": "Independent oversight on privacy rights", "nested": [], "links": [] }, { "text": "2304. Training and continuing education \n(a) Mandatory training and continuing education To promote agent and officer safety and professionalism \nThe Secretary is authorized to establish policies and guidelines to ensure that every agent and officer of U.S. Customs and Border Protection and U.S. Immigration and Customs Enforcement receives training upon onboarding regarding accountability, standards for professional and ethical conduct, and oversight. (b) Curriculum \nThe training required under subsection (a) shall include— (1) best practices in community policing, cultural awareness, and carrying out enforcement actions near sensitive locations, responding to grievances, and how to refer complaints to the Immigration Detention Ombudsman; (2) interaction with vulnerable populations; and (3) standards of professional and ethical conduct. (c) Continuing education \n(1) In general \nThe Secretary shall require all agents and officers of U.S. Customs and Border Protection and U.S. Immigration and Customs Enforcement who are required to undergo training under subsection (a) to participate in continuing education. (2) Constitutional authority subject matter \nContinuing education required under paragraph (1) shall include training regarding— (A) the protection of the civil, constitutional, human, and privacy rights of individuals; and (B) use of force policies applicable to agents and officers. (3) Administration \nCourses offered as part of continuing education under this subsection shall be administered in coordination with the Federal Law Enforcement Training Centers. (d) Medical training for U.S. Border Patrol agents \n(1) In general \nSection 411 of the Homeland Security Act of 2002 ( 6 U.S.C. 211 ) is amended— (A) in subsection (l)— (i) by striking The Commissioner and inserting the following: (1) Continuing education \nThe Commissioner ; and (ii) by adding at the end the following: (2) Medical training for U.S. border patrol agents \n(A) In general \n(i) Availability \nBeginning not later than 6 months after the date of the enactment of the U.S. Citizenship Act , the Commissioner shall make available, in each U.S. Border Patrol sector, at no cost to U.S. Border Patrol agents selected for such training, emergency medical technician (referred to in this paragraph as EMT ) and paramedic training, including pediatric medical training, which shall utilize nationally recognized pediatric training curricula that includes emergency pediatric care. (ii) Use of official duty time \nA U.S. Border Patrol agent shall be credited with work time for any EMT or paramedic training provided to such agent under clause (i) in order to achieve or maintain an EMT or paramedic certification. (iii) Obligated overtime \nA U.S. Border Patrol agent shall not accrue any debt of obligated overtime hours that the agent may have incurred, pursuant to section 5550(b) of title 5, United States Code, in order to achieve or maintain a paramedic certification. (iv) Lodging and per diem \nLodging and per diem shall be made available to U.S. Border Patrol agents attending training described in clause (i) if such training is not available at a location within commuting distance of the agent’s residence or worksite. (v) Service commitment \nAny U.S. Border Patrol agent who completes a certification preparation program pursuant to clause (i) shall— (I) complete 1 year of service as a U.S. Border Patrol agent following the completion of EMT training; (II) complete 3 years of service as a U.S. Border Patrol agent following the completion of paramedic training; or (III) reimburse U.S. Customs and Border Protection in an amount equal to the product of— (aa) the cost of providing such training to such agent; multiplied by (bb) the percentage of the service required under subclauses (I) and (II) that the agent failed to complete. (B) Increase in rate of pay for border patrol medical certification \n(i) EMT certification \nA U.S. Border Patrol agent who has completed EMT training pursuant to subparagraph (A)(i) and has a current, State-issued or State-recognized certification as an EMT shall receive, in addition to the pay to which the agent is otherwise entitled under this section, an amount equal to 5 percent of such pay. (ii) Paramedic certification \nA U.S. Border Patrol agent who has completed paramedic training pursuant to subparagraph (A)(i) and has a current, State-issued or State-recognized certification as a paramedic shall receive, in addition to the pay to which the agent is otherwise entitled under this section (except for subparagraph (A)), an amount equal to 10 percent of such pay. (iii) Existing certifications \nA U.S. Border Patrol agent who did not participate in the training made available pursuant to subparagraph (A)(i), but, as of the date of the enactment of the U.S. Citizenship Act , has a current State-issued or State-recognized EMT or paramedic certification, shall receive, in addition to the pay to which the agent is otherwise entitled under this section (excluding the application of clause (i) and (ii)), an amount equal to— (I) 5 percent of such pay for an EMT certification; and (II) 10 percent of such pay for a paramedic certification. (C) Availability of medically trained border patrol agents \nNot later than 6 months after the date of the enactment of the U.S. Citizenship Act , the Commissioner of U.S. Customs and Border Protection shall— (i) ensure that— (I) U.S. Border Patrol agents with current EMT or paramedic certifications are stationed at each U.S. Border Patrol sector and remote station along the southern border to the greatest extent possible; (II) not fewer than 10 percent of all U.S. Border Patrol agents assigned to each U.S. Border Patrol sector have EMT certifications; and (III) not fewer than 1 percent of all U.S. Border Patrol agents assigned to each U.S. Border Patrol sector have paramedic certifications; and (ii) in determining the assigned posts of U.S. Border Patrol agents who have received training under subparagraph (A)(i), give priority to remote stations and forward operating bases. (D) Medical supplies \n(i) Minimum list \nThe Commissioner of U.S. Customs and Border Protection shall provide minimum medical supplies to each U.S. Border Patrol agent with an EMT or paramedic certification and to each U.S. Border Patrol sector, including all remote stations and forward operating bases, for use while on patrol, including— (I) supplies designed for children; (II) first aid kits; and (III) oral hydration, such as water. (ii) Consultation \nIn developing the minimum list of medical supplies required under clause (i), the Commissioner shall consult national organizations with expertise in emergency medical care, including emergency medical care of children. (E) Motor vehicles \nThe Commissioner of U.S. Customs and Border Protection shall make available appropriate motor vehicles to U.S. Border Patrol agents with current EMT or paramedic certifications to enable them to provide necessary emergency medical assistance. (F) GAO report \nNot later than 3 years after the date of the enactment of the U.S. Citizenship Act , the Comptroller General of the United States shall— (i) review the progress of the U.S. Customs and Border Protection’s promotion in reaching the goal of up to 10 percent of all U.S. Border Patrol agents having EMT or paramedic certifications; and (ii) provide a recommendation to Congress as to whether— (I) the Commissioner of U.S. Customs and Border Protection has effectively and vigorously undertaken an agency-wide effort to encourage and promote the mandate for medical training for U.S. Border Patrol agents under this paragraph; (II) additional incentive modifications are needed to achieve or maintain the goal, including pay differentials; and (III) the 10 percent goal is properly scoped to materially contribute to the preservation of life and the effectiveness and efficiency of U.S. Border Patrol operations, including whether the number is too high or too low. ; and (B) in subsection (r), by striking section, the terms and inserting the following: section— (1) the term child means any individual who has not reached 18 years of age; and (2) the terms. (2) Authorization of appropriations \nThere are authorized to be appropriated such sums as may be necessary to carry out section 411(l)(2) of the Homeland Security Act of 2002, as added by paragraph (1). (e) Identifying and treating individuals experiencing medical distress \n(1) Online training \n(A) In general \nBeginning on the date that is 90 days after the date of the enactment of this Act, the Commissioner of U.S. Customs and Border Protection shall require all U.S. Border Patrol agents, including agents with EMT or paramedic certification, to complete an online training program that meets nationally recognized standards for the medical care of children to enable U.S. Border Patrol agents— (i) to identify common signs of medical distress in children; and (ii) to ensure the timely transport of sick or injured children to an appropriate medical provider. (B) Contract \nIn developing or selecting an online training program under subparagraph (A), the Commissioner may enter into a contract with a national professional medical association of pediatric medical providers. (2) Voice access to medical professionals \n(A) In general \nThe Commissioner of U.S. Customs and Border Protection shall ensure that all remote U.S. Border Patrol stations, forward operating bases, and remote ports of entry along the southern border of the United States have 24-hour voice access to a medical command physician whose board certification includes the ability to perform this role or a mid-level health care provider with pediatric training for consultations regarding the medical needs of individuals, including children, taken into custody near the United States border. (B) Acceptable means of access \nAccess under subparagraph (A) may be accomplished through mobile phones, satellite mobile radios, or other means prescribed by the Commissioner. (f) Commercial driver program \n(1) Establishment \nThe Commissioner of U.S. Customs and Border Protection shall establish a program to expedite detainee transport to border patrol processing facilities by ensuring, beginning not later than 1 year after the date of the enactment of this Act, that— (A) not fewer than 300 U.S. Border Patrol agents assigned to remote U.S. Border Patrol stations have a commercial driver’s license with a passenger endorsement for detainee transport; (B) in each of the El Paso, Laredo, Rio Grande Valley, San Diego, Yuma, and Tucson U.S. Border Patrol Sectors— (i) not fewer than 5 U.S. Border Patrol agents with a commercial driver’s license are available during every shift; and (ii) not fewer than 3 buses are assigned to the sector; and (C) in each of the Big Bend, Del Rio, and El Centro U.S. Border Patrol Sectors— (i) not fewer than 2 U.S. Border Patrol agents with a commercial driver’s license are available during every shift; and (ii) not fewer than 1 bus is assigned to the sector. (2) Relocation \nBuses assigned to specific U.S. Border Patrol sectors pursuant to paragraph (1) may be relocated to other sectors in response to changing patterns. (3) Reducing wait times at remote U.S. Border Patrol stations \nThe Commissioner of U.S. Customs and Border Protection shall ensure that sufficient buses are available in each U.S. Border Patrol sector to avoid subjecting detainees to long wait times at remote border patrol stations. (4) Use of official duty time \nA U.S. Border Patrol agent shall be credited with work time for the process of obtaining and maintaining a commercial driver’s license under paragraph (1). (5) Reports to congress \nThe Secretary shall submit quarterly reports regarding the average length of detainees’ stay at U.S. Border Patrol stations to— (A) the Committee on Homeland Security and Governmental Affairs of the Senate ; and (B) the Committee on Homeland Security of the House of Representatives.", "id": "HF435699027394402AD9E3B94BA379EF7", "header": "Training and continuing education", "nested": [ { "text": "(a) Mandatory training and continuing education To promote agent and officer safety and professionalism \nThe Secretary is authorized to establish policies and guidelines to ensure that every agent and officer of U.S. Customs and Border Protection and U.S. Immigration and Customs Enforcement receives training upon onboarding regarding accountability, standards for professional and ethical conduct, and oversight.", "id": "HBD1EAD6B63F94025A47C80F789C1D50A", "header": "Mandatory training and continuing education To promote agent and officer safety and professionalism", "nested": [], "links": [] }, { "text": "(b) Curriculum \nThe training required under subsection (a) shall include— (1) best practices in community policing, cultural awareness, and carrying out enforcement actions near sensitive locations, responding to grievances, and how to refer complaints to the Immigration Detention Ombudsman; (2) interaction with vulnerable populations; and (3) standards of professional and ethical conduct.", "id": "H0232C1EF078D4D889884B8DA29A8322B", "header": "Curriculum", "nested": [], "links": [] }, { "text": "(c) Continuing education \n(1) In general \nThe Secretary shall require all agents and officers of U.S. Customs and Border Protection and U.S. Immigration and Customs Enforcement who are required to undergo training under subsection (a) to participate in continuing education. (2) Constitutional authority subject matter \nContinuing education required under paragraph (1) shall include training regarding— (A) the protection of the civil, constitutional, human, and privacy rights of individuals; and (B) use of force policies applicable to agents and officers. (3) Administration \nCourses offered as part of continuing education under this subsection shall be administered in coordination with the Federal Law Enforcement Training Centers.", "id": "H5EF5D980CAA14539B47EBD15E154E17C", "header": "Continuing education", "nested": [], "links": [] }, { "text": "(d) Medical training for U.S. Border Patrol agents \n(1) In general \nSection 411 of the Homeland Security Act of 2002 ( 6 U.S.C. 211 ) is amended— (A) in subsection (l)— (i) by striking The Commissioner and inserting the following: (1) Continuing education \nThe Commissioner ; and (ii) by adding at the end the following: (2) Medical training for U.S. border patrol agents \n(A) In general \n(i) Availability \nBeginning not later than 6 months after the date of the enactment of the U.S. Citizenship Act , the Commissioner shall make available, in each U.S. Border Patrol sector, at no cost to U.S. Border Patrol agents selected for such training, emergency medical technician (referred to in this paragraph as EMT ) and paramedic training, including pediatric medical training, which shall utilize nationally recognized pediatric training curricula that includes emergency pediatric care. (ii) Use of official duty time \nA U.S. Border Patrol agent shall be credited with work time for any EMT or paramedic training provided to such agent under clause (i) in order to achieve or maintain an EMT or paramedic certification. (iii) Obligated overtime \nA U.S. Border Patrol agent shall not accrue any debt of obligated overtime hours that the agent may have incurred, pursuant to section 5550(b) of title 5, United States Code, in order to achieve or maintain a paramedic certification. (iv) Lodging and per diem \nLodging and per diem shall be made available to U.S. Border Patrol agents attending training described in clause (i) if such training is not available at a location within commuting distance of the agent’s residence or worksite. (v) Service commitment \nAny U.S. Border Patrol agent who completes a certification preparation program pursuant to clause (i) shall— (I) complete 1 year of service as a U.S. Border Patrol agent following the completion of EMT training; (II) complete 3 years of service as a U.S. Border Patrol agent following the completion of paramedic training; or (III) reimburse U.S. Customs and Border Protection in an amount equal to the product of— (aa) the cost of providing such training to such agent; multiplied by (bb) the percentage of the service required under subclauses (I) and (II) that the agent failed to complete. (B) Increase in rate of pay for border patrol medical certification \n(i) EMT certification \nA U.S. Border Patrol agent who has completed EMT training pursuant to subparagraph (A)(i) and has a current, State-issued or State-recognized certification as an EMT shall receive, in addition to the pay to which the agent is otherwise entitled under this section, an amount equal to 5 percent of such pay. (ii) Paramedic certification \nA U.S. Border Patrol agent who has completed paramedic training pursuant to subparagraph (A)(i) and has a current, State-issued or State-recognized certification as a paramedic shall receive, in addition to the pay to which the agent is otherwise entitled under this section (except for subparagraph (A)), an amount equal to 10 percent of such pay. (iii) Existing certifications \nA U.S. Border Patrol agent who did not participate in the training made available pursuant to subparagraph (A)(i), but, as of the date of the enactment of the U.S. Citizenship Act , has a current State-issued or State-recognized EMT or paramedic certification, shall receive, in addition to the pay to which the agent is otherwise entitled under this section (excluding the application of clause (i) and (ii)), an amount equal to— (I) 5 percent of such pay for an EMT certification; and (II) 10 percent of such pay for a paramedic certification. (C) Availability of medically trained border patrol agents \nNot later than 6 months after the date of the enactment of the U.S. Citizenship Act , the Commissioner of U.S. Customs and Border Protection shall— (i) ensure that— (I) U.S. Border Patrol agents with current EMT or paramedic certifications are stationed at each U.S. Border Patrol sector and remote station along the southern border to the greatest extent possible; (II) not fewer than 10 percent of all U.S. Border Patrol agents assigned to each U.S. Border Patrol sector have EMT certifications; and (III) not fewer than 1 percent of all U.S. Border Patrol agents assigned to each U.S. Border Patrol sector have paramedic certifications; and (ii) in determining the assigned posts of U.S. Border Patrol agents who have received training under subparagraph (A)(i), give priority to remote stations and forward operating bases. (D) Medical supplies \n(i) Minimum list \nThe Commissioner of U.S. Customs and Border Protection shall provide minimum medical supplies to each U.S. Border Patrol agent with an EMT or paramedic certification and to each U.S. Border Patrol sector, including all remote stations and forward operating bases, for use while on patrol, including— (I) supplies designed for children; (II) first aid kits; and (III) oral hydration, such as water. (ii) Consultation \nIn developing the minimum list of medical supplies required under clause (i), the Commissioner shall consult national organizations with expertise in emergency medical care, including emergency medical care of children. (E) Motor vehicles \nThe Commissioner of U.S. Customs and Border Protection shall make available appropriate motor vehicles to U.S. Border Patrol agents with current EMT or paramedic certifications to enable them to provide necessary emergency medical assistance. (F) GAO report \nNot later than 3 years after the date of the enactment of the U.S. Citizenship Act , the Comptroller General of the United States shall— (i) review the progress of the U.S. Customs and Border Protection’s promotion in reaching the goal of up to 10 percent of all U.S. Border Patrol agents having EMT or paramedic certifications; and (ii) provide a recommendation to Congress as to whether— (I) the Commissioner of U.S. Customs and Border Protection has effectively and vigorously undertaken an agency-wide effort to encourage and promote the mandate for medical training for U.S. Border Patrol agents under this paragraph; (II) additional incentive modifications are needed to achieve or maintain the goal, including pay differentials; and (III) the 10 percent goal is properly scoped to materially contribute to the preservation of life and the effectiveness and efficiency of U.S. Border Patrol operations, including whether the number is too high or too low. ; and (B) in subsection (r), by striking section, the terms and inserting the following: section— (1) the term child means any individual who has not reached 18 years of age; and (2) the terms. (2) Authorization of appropriations \nThere are authorized to be appropriated such sums as may be necessary to carry out section 411(l)(2) of the Homeland Security Act of 2002, as added by paragraph (1).", "id": "HA62CAE03BA804E5A81DE98DF8908E13F", "header": "Medical training for U.S. Border Patrol agents", "nested": [], "links": [ { "text": "6 U.S.C. 211", "legal-doc": "usc", "parsable-cite": "usc/6/211" } ] }, { "text": "(e) Identifying and treating individuals experiencing medical distress \n(1) Online training \n(A) In general \nBeginning on the date that is 90 days after the date of the enactment of this Act, the Commissioner of U.S. Customs and Border Protection shall require all U.S. Border Patrol agents, including agents with EMT or paramedic certification, to complete an online training program that meets nationally recognized standards for the medical care of children to enable U.S. Border Patrol agents— (i) to identify common signs of medical distress in children; and (ii) to ensure the timely transport of sick or injured children to an appropriate medical provider. (B) Contract \nIn developing or selecting an online training program under subparagraph (A), the Commissioner may enter into a contract with a national professional medical association of pediatric medical providers. (2) Voice access to medical professionals \n(A) In general \nThe Commissioner of U.S. Customs and Border Protection shall ensure that all remote U.S. Border Patrol stations, forward operating bases, and remote ports of entry along the southern border of the United States have 24-hour voice access to a medical command physician whose board certification includes the ability to perform this role or a mid-level health care provider with pediatric training for consultations regarding the medical needs of individuals, including children, taken into custody near the United States border. (B) Acceptable means of access \nAccess under subparagraph (A) may be accomplished through mobile phones, satellite mobile radios, or other means prescribed by the Commissioner.", "id": "H754C61947C634DB99CEBEB0AFBA48736", "header": "Identifying and treating individuals experiencing medical distress", "nested": [], "links": [] }, { "text": "(f) Commercial driver program \n(1) Establishment \nThe Commissioner of U.S. Customs and Border Protection shall establish a program to expedite detainee transport to border patrol processing facilities by ensuring, beginning not later than 1 year after the date of the enactment of this Act, that— (A) not fewer than 300 U.S. Border Patrol agents assigned to remote U.S. Border Patrol stations have a commercial driver’s license with a passenger endorsement for detainee transport; (B) in each of the El Paso, Laredo, Rio Grande Valley, San Diego, Yuma, and Tucson U.S. Border Patrol Sectors— (i) not fewer than 5 U.S. Border Patrol agents with a commercial driver’s license are available during every shift; and (ii) not fewer than 3 buses are assigned to the sector; and (C) in each of the Big Bend, Del Rio, and El Centro U.S. Border Patrol Sectors— (i) not fewer than 2 U.S. Border Patrol agents with a commercial driver’s license are available during every shift; and (ii) not fewer than 1 bus is assigned to the sector. (2) Relocation \nBuses assigned to specific U.S. Border Patrol sectors pursuant to paragraph (1) may be relocated to other sectors in response to changing patterns. (3) Reducing wait times at remote U.S. Border Patrol stations \nThe Commissioner of U.S. Customs and Border Protection shall ensure that sufficient buses are available in each U.S. Border Patrol sector to avoid subjecting detainees to long wait times at remote border patrol stations. (4) Use of official duty time \nA U.S. Border Patrol agent shall be credited with work time for the process of obtaining and maintaining a commercial driver’s license under paragraph (1). (5) Reports to congress \nThe Secretary shall submit quarterly reports regarding the average length of detainees’ stay at U.S. Border Patrol stations to— (A) the Committee on Homeland Security and Governmental Affairs of the Senate ; and (B) the Committee on Homeland Security of the House of Representatives.", "id": "H32563D1BFD9046C3BB865DA17C277C39", "header": "Commercial driver program", "nested": [], "links": [] } ], "links": [ { "text": "6 U.S.C. 211", "legal-doc": "usc", "parsable-cite": "usc/6/211" } ] }, { "text": "2305. GAO study of waiver of environmental and other laws \nThe Comptroller General of the United States shall study the impact of the authority of the Secretary, under section 102(c) of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (division C of Public Law 104–208 ; 8 U.S.C. 1103 note), to waive otherwise applicable legal requirements to expedite the construction of barriers and roads near United States borders, including the impact of such waiver on the environment, Indian lands, and border communities.", "id": "HFD007F0F185846F9AD119514E886893B", "header": "GAO study of waiver of environmental and other laws", "nested": [], "links": [ { "text": "Public Law 104–208", "legal-doc": "public-law", "parsable-cite": "pl/104/208" }, { "text": "8 U.S.C. 1103", "legal-doc": "usc", "parsable-cite": "usc/8/1103" } ] }, { "text": "2306. Establishment of Border Community Stakeholder Advisory Committee \n(a) In general \nSubtitle B of title IV of the Homeland Security Act of 2002 ( 6 U.S.C. 211 et seq. ) is amended by inserting after section 415 the following: 416. Border Community Stakeholder Advisory Committee \n(a) Definitions \nIn this section: (1) Advisory committee \nThe term Advisory Committee means the Border Community Stakeholder Advisory committee established pursuant to subsection (b). (2) Border community stakeholder \nThe term border community stakeholder means an individual who has ownership interests or resides near an international land border of the United States, including— (A) an individual who owns land within 10 miles of an international land border of the United States; (B) a business leader of a company operating within 100 miles of a land border of the United States; (C) a local official from a community on a land border of the United States; (D) a representative of an Indian Tribe possessing Tribal lands on a land border of the United States; and (E) a representative of a human rights or civil rights organization operating near a land border of the United States. (b) Establishment \nThe Secretary shall establish, within the Department, the Border Community Stakeholder Advisory Committee. (c) Duties \n(1) In general \nThe Secretary shall consult with the Advisory Committee, as appropriate, regarding border security and immigration enforcement matters, including on the development, refinement, and implementation of policies, protocols, programs, and rulemaking pertaining to border security and immigration enforcement that may impact border communities. (2) Recommendations \nThe Advisory Committee shall develop, at the request of the Secretary, recommendations regarding policies, protocols, programs, and rulemaking pertaining to border security and immigration enforcement that may impact border communities. (d) Membership \n(1) Appointment \n(A) In general \nThe Secretary shall appoint the members of the Advisory Committee. (B) Composition \nThe Advisory Committee shall be composed of— (i) 1 border community stakeholder from each of the 9 U.S. Border Patrol sectors; and (ii) 3 individuals with significant expertise and experience in immigration law, civil rights, and civil liberties, particularly relating to the interests of residents of border communities. (2) Term of office \n(A) Terms \nThe term of each member of the Advisory Committee shall be 2 years. The Secretary may reappoint members for additional terms. (B) Removal \nThe Secretary may review the participation of a member of the Advisory Committee and remove such member for cause at any time. (3) Prohibition on compensation \nThe members of the Advisory Committee may not receive pay, allowances, or benefits from the Federal Government by reason of their service on the Advisory Committee. (4) Meetings \n(A) In general \nThe Secretary shall require the Advisory Committee to meet at least semiannually and may convene additional meetings as necessary. (B) Public meetings \nAt least 1 of the meetings described in subparagraph (A) shall be open to the public. (C) Attendance \nThe Advisory Committee shall maintain a record of the persons present at each meeting. (5) Member access to sensitive security information \n(A) Access \nIf the Secretary determines that there is no cause to restrict a member of the Advisory Committee from possessing sensitive security information, the member may be granted access to such information that is relevant to the member’s advisory duties after voluntarily signing a nondisclosure agreement. (B) Restrictions on use \nThe member shall protect the sensitive security information referred to in subparagraph (A) in accordance with part 1520 of title 49, Code of Federal Regulations. (6) Chairperson \nA stakeholder representative on the Advisory Committee who is elected by the appointed membership of the Advisory Committee shall chair the Advisory Committee. (e) Nonapplicability of FACA \nThe Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to the Advisory Committee or any of its subcommittees.. (b) Appropriations \nThere are authorized to be appropriated such sums as may be necessary to implement this section. (c) Clerical amendment \nThe table of contents in section 1(b) of the Homeland Security Act of 2002 ( Public Law 107–296 ) is amended by inserting after the item relating to section 415 the following: Sec. 416. Border Community Stakeholder Advisory Committee..", "id": "H023223556D7E45218AFB509279089474", "header": "Establishment of Border Community Stakeholder Advisory Committee", "nested": [ { "text": "(a) In general \nSubtitle B of title IV of the Homeland Security Act of 2002 ( 6 U.S.C. 211 et seq. ) is amended by inserting after section 415 the following: 416. Border Community Stakeholder Advisory Committee \n(a) Definitions \nIn this section: (1) Advisory committee \nThe term Advisory Committee means the Border Community Stakeholder Advisory committee established pursuant to subsection (b). (2) Border community stakeholder \nThe term border community stakeholder means an individual who has ownership interests or resides near an international land border of the United States, including— (A) an individual who owns land within 10 miles of an international land border of the United States; (B) a business leader of a company operating within 100 miles of a land border of the United States; (C) a local official from a community on a land border of the United States; (D) a representative of an Indian Tribe possessing Tribal lands on a land border of the United States; and (E) a representative of a human rights or civil rights organization operating near a land border of the United States. (b) Establishment \nThe Secretary shall establish, within the Department, the Border Community Stakeholder Advisory Committee. (c) Duties \n(1) In general \nThe Secretary shall consult with the Advisory Committee, as appropriate, regarding border security and immigration enforcement matters, including on the development, refinement, and implementation of policies, protocols, programs, and rulemaking pertaining to border security and immigration enforcement that may impact border communities. (2) Recommendations \nThe Advisory Committee shall develop, at the request of the Secretary, recommendations regarding policies, protocols, programs, and rulemaking pertaining to border security and immigration enforcement that may impact border communities. (d) Membership \n(1) Appointment \n(A) In general \nThe Secretary shall appoint the members of the Advisory Committee. (B) Composition \nThe Advisory Committee shall be composed of— (i) 1 border community stakeholder from each of the 9 U.S. Border Patrol sectors; and (ii) 3 individuals with significant expertise and experience in immigration law, civil rights, and civil liberties, particularly relating to the interests of residents of border communities. (2) Term of office \n(A) Terms \nThe term of each member of the Advisory Committee shall be 2 years. The Secretary may reappoint members for additional terms. (B) Removal \nThe Secretary may review the participation of a member of the Advisory Committee and remove such member for cause at any time. (3) Prohibition on compensation \nThe members of the Advisory Committee may not receive pay, allowances, or benefits from the Federal Government by reason of their service on the Advisory Committee. (4) Meetings \n(A) In general \nThe Secretary shall require the Advisory Committee to meet at least semiannually and may convene additional meetings as necessary. (B) Public meetings \nAt least 1 of the meetings described in subparagraph (A) shall be open to the public. (C) Attendance \nThe Advisory Committee shall maintain a record of the persons present at each meeting. (5) Member access to sensitive security information \n(A) Access \nIf the Secretary determines that there is no cause to restrict a member of the Advisory Committee from possessing sensitive security information, the member may be granted access to such information that is relevant to the member’s advisory duties after voluntarily signing a nondisclosure agreement. (B) Restrictions on use \nThe member shall protect the sensitive security information referred to in subparagraph (A) in accordance with part 1520 of title 49, Code of Federal Regulations. (6) Chairperson \nA stakeholder representative on the Advisory Committee who is elected by the appointed membership of the Advisory Committee shall chair the Advisory Committee. (e) Nonapplicability of FACA \nThe Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to the Advisory Committee or any of its subcommittees..", "id": "H238799F1C8C14FADB60A19E0780E7564", "header": "In general", "nested": [], "links": [ { "text": "6 U.S.C. 211 et seq.", "legal-doc": "usc", "parsable-cite": "usc/6/211" } ] }, { "text": "(b) Appropriations \nThere are authorized to be appropriated such sums as may be necessary to implement this section.", "id": "HCF0FC3FC534C4F62AE09DE363AB8ABED", "header": "Appropriations", "nested": [], "links": [] }, { "text": "(c) Clerical amendment \nThe table of contents in section 1(b) of the Homeland Security Act of 2002 ( Public Law 107–296 ) is amended by inserting after the item relating to section 415 the following: Sec. 416. Border Community Stakeholder Advisory Committee..", "id": "HBBF0B05CCC4E43F2B722767CF7FEBC7A", "header": "Clerical amendment", "nested": [], "links": [ { "text": "Public Law 107–296", "legal-doc": "public-law", "parsable-cite": "pl/107/296" } ] } ], "links": [ { "text": "6 U.S.C. 211 et seq.", "legal-doc": "usc", "parsable-cite": "usc/6/211" }, { "text": "Public Law 107–296", "legal-doc": "public-law", "parsable-cite": "pl/107/296" } ] }, { "text": "416. Border Community Stakeholder Advisory Committee \n(a) Definitions \nIn this section: (1) Advisory committee \nThe term Advisory Committee means the Border Community Stakeholder Advisory committee established pursuant to subsection (b). (2) Border community stakeholder \nThe term border community stakeholder means an individual who has ownership interests or resides near an international land border of the United States, including— (A) an individual who owns land within 10 miles of an international land border of the United States; (B) a business leader of a company operating within 100 miles of a land border of the United States; (C) a local official from a community on a land border of the United States; (D) a representative of an Indian Tribe possessing Tribal lands on a land border of the United States; and (E) a representative of a human rights or civil rights organization operating near a land border of the United States. (b) Establishment \nThe Secretary shall establish, within the Department, the Border Community Stakeholder Advisory Committee. (c) Duties \n(1) In general \nThe Secretary shall consult with the Advisory Committee, as appropriate, regarding border security and immigration enforcement matters, including on the development, refinement, and implementation of policies, protocols, programs, and rulemaking pertaining to border security and immigration enforcement that may impact border communities. (2) Recommendations \nThe Advisory Committee shall develop, at the request of the Secretary, recommendations regarding policies, protocols, programs, and rulemaking pertaining to border security and immigration enforcement that may impact border communities. (d) Membership \n(1) Appointment \n(A) In general \nThe Secretary shall appoint the members of the Advisory Committee. (B) Composition \nThe Advisory Committee shall be composed of— (i) 1 border community stakeholder from each of the 9 U.S. Border Patrol sectors; and (ii) 3 individuals with significant expertise and experience in immigration law, civil rights, and civil liberties, particularly relating to the interests of residents of border communities. (2) Term of office \n(A) Terms \nThe term of each member of the Advisory Committee shall be 2 years. The Secretary may reappoint members for additional terms. (B) Removal \nThe Secretary may review the participation of a member of the Advisory Committee and remove such member for cause at any time. (3) Prohibition on compensation \nThe members of the Advisory Committee may not receive pay, allowances, or benefits from the Federal Government by reason of their service on the Advisory Committee. (4) Meetings \n(A) In general \nThe Secretary shall require the Advisory Committee to meet at least semiannually and may convene additional meetings as necessary. (B) Public meetings \nAt least 1 of the meetings described in subparagraph (A) shall be open to the public. (C) Attendance \nThe Advisory Committee shall maintain a record of the persons present at each meeting. (5) Member access to sensitive security information \n(A) Access \nIf the Secretary determines that there is no cause to restrict a member of the Advisory Committee from possessing sensitive security information, the member may be granted access to such information that is relevant to the member’s advisory duties after voluntarily signing a nondisclosure agreement. (B) Restrictions on use \nThe member shall protect the sensitive security information referred to in subparagraph (A) in accordance with part 1520 of title 49, Code of Federal Regulations. (6) Chairperson \nA stakeholder representative on the Advisory Committee who is elected by the appointed membership of the Advisory Committee shall chair the Advisory Committee. (e) Nonapplicability of FACA \nThe Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to the Advisory Committee or any of its subcommittees.", "id": "H5EBB3AD0B9934728A5A0DB82DC541CF6", "header": "Border Community Stakeholder Advisory Committee", "nested": [ { "text": "(a) Definitions \nIn this section: (1) Advisory committee \nThe term Advisory Committee means the Border Community Stakeholder Advisory committee established pursuant to subsection (b). (2) Border community stakeholder \nThe term border community stakeholder means an individual who has ownership interests or resides near an international land border of the United States, including— (A) an individual who owns land within 10 miles of an international land border of the United States; (B) a business leader of a company operating within 100 miles of a land border of the United States; (C) a local official from a community on a land border of the United States; (D) a representative of an Indian Tribe possessing Tribal lands on a land border of the United States; and (E) a representative of a human rights or civil rights organization operating near a land border of the United States.", "id": "HF44F91E8F6304CF3922DA8826172404F", "header": "Definitions", "nested": [], "links": [] }, { "text": "(b) Establishment \nThe Secretary shall establish, within the Department, the Border Community Stakeholder Advisory Committee.", "id": "H585FA43471E9456691E6522E72F56B07", "header": "Establishment", "nested": [], "links": [] }, { "text": "(c) Duties \n(1) In general \nThe Secretary shall consult with the Advisory Committee, as appropriate, regarding border security and immigration enforcement matters, including on the development, refinement, and implementation of policies, protocols, programs, and rulemaking pertaining to border security and immigration enforcement that may impact border communities. (2) Recommendations \nThe Advisory Committee shall develop, at the request of the Secretary, recommendations regarding policies, protocols, programs, and rulemaking pertaining to border security and immigration enforcement that may impact border communities.", "id": "H33899CA886594DEDA0B39EF2FD711731", "header": "Duties", "nested": [], "links": [] }, { "text": "(d) Membership \n(1) Appointment \n(A) In general \nThe Secretary shall appoint the members of the Advisory Committee. (B) Composition \nThe Advisory Committee shall be composed of— (i) 1 border community stakeholder from each of the 9 U.S. Border Patrol sectors; and (ii) 3 individuals with significant expertise and experience in immigration law, civil rights, and civil liberties, particularly relating to the interests of residents of border communities. (2) Term of office \n(A) Terms \nThe term of each member of the Advisory Committee shall be 2 years. The Secretary may reappoint members for additional terms. (B) Removal \nThe Secretary may review the participation of a member of the Advisory Committee and remove such member for cause at any time. (3) Prohibition on compensation \nThe members of the Advisory Committee may not receive pay, allowances, or benefits from the Federal Government by reason of their service on the Advisory Committee. (4) Meetings \n(A) In general \nThe Secretary shall require the Advisory Committee to meet at least semiannually and may convene additional meetings as necessary. (B) Public meetings \nAt least 1 of the meetings described in subparagraph (A) shall be open to the public. (C) Attendance \nThe Advisory Committee shall maintain a record of the persons present at each meeting. (5) Member access to sensitive security information \n(A) Access \nIf the Secretary determines that there is no cause to restrict a member of the Advisory Committee from possessing sensitive security information, the member may be granted access to such information that is relevant to the member’s advisory duties after voluntarily signing a nondisclosure agreement. (B) Restrictions on use \nThe member shall protect the sensitive security information referred to in subparagraph (A) in accordance with part 1520 of title 49, Code of Federal Regulations. (6) Chairperson \nA stakeholder representative on the Advisory Committee who is elected by the appointed membership of the Advisory Committee shall chair the Advisory Committee.", "id": "H15ECEA71684247529631E482E68AF1D8", "header": "Membership", "nested": [], "links": [] }, { "text": "(e) Nonapplicability of FACA \nThe Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to the Advisory Committee or any of its subcommittees.", "id": "H900144F567AB4ACEBF6E3E318A9D84FC", "header": "Nonapplicability of FACA", "nested": [], "links": [] } ], "links": [] }, { "text": "2307. Rescue beacons \nSection 411(o) of the Homeland Security Act of 2002 ( 6 U.S.C. 211(o) ) is amended by adding at the end the following: (3) Rescue beacons \nBeginning on October 1, 2023, in carrying out subsection (c)(8), the Commissioner shall purchase, deploy, and maintain additional self-powering, 9–1–1 cellular relay rescue beacons along the southern border of the United States at appropriate locations, as determined by the Commissioner, to effectively mitigate migrant deaths..", "id": "H784B515FA907445887E16B81D65F762D", "header": "Rescue beacons", "nested": [], "links": [ { "text": "6 U.S.C. 211(o)", "legal-doc": "usc", "parsable-cite": "usc/6/211" } ] }, { "text": "2308. Use of force \n(a) Department of Homeland Security policies \n(1) Issuance \nThe Secretary, in coordination with the Assistant Attorney General for the Civil Rights, shall issue policies governing the use of force by all Department of Homeland Security personnel. (2) Consultation requirement \nIn developing policies pursuant to paragraph (1), the Secretary shall consult with law enforcement and civil rights organizations to ensure that such policies— (A) focus law enforcement efforts and tactics on protecting public safety and national security that are consistent with our Nation’s values; and (B) leverage best practices and technology to provide such protection. (b) Public reporting \nNot later than 24 hours after any use-of-force incident that results in serious injury to, or the death of, an officer, agent, or member of the public, the Secretary shall— (1) make the facts of such incident public; and (2) comply fully with the requirements set forth in section 3 of the Death in Custody Reporting Act of 2013 ( 42 U.S.C. 13727a ).", "id": "H7003A41471874EC5AAC7DD933316BB1F", "header": "Use of force", "nested": [ { "text": "(a) Department of Homeland Security policies \n(1) Issuance \nThe Secretary, in coordination with the Assistant Attorney General for the Civil Rights, shall issue policies governing the use of force by all Department of Homeland Security personnel. (2) Consultation requirement \nIn developing policies pursuant to paragraph (1), the Secretary shall consult with law enforcement and civil rights organizations to ensure that such policies— (A) focus law enforcement efforts and tactics on protecting public safety and national security that are consistent with our Nation’s values; and (B) leverage best practices and technology to provide such protection.", "id": "H920A0EDD8D484EC88B7DCD956550A7B3", "header": "Department of Homeland Security policies", "nested": [], "links": [] }, { "text": "(b) Public reporting \nNot later than 24 hours after any use-of-force incident that results in serious injury to, or the death of, an officer, agent, or member of the public, the Secretary shall— (1) make the facts of such incident public; and (2) comply fully with the requirements set forth in section 3 of the Death in Custody Reporting Act of 2013 ( 42 U.S.C. 13727a ).", "id": "HB63298D061B94C62AAEC9FDA81E8F64D", "header": "Public reporting", "nested": [], "links": [ { "text": "42 U.S.C. 13727a", "legal-doc": "usc", "parsable-cite": "usc/42/13727a" } ] } ], "links": [ { "text": "42 U.S.C. 13727a", "legal-doc": "usc", "parsable-cite": "usc/42/13727a" } ] }, { "text": "2309. Office of Professional Responsibility \n(a) In general \nThe Commissioner of U.S. Customs and Border Protection shall hire, train, and assign sufficient Office of Professional Responsibility special agents to ensure that there is 1 such special agent for every 30 officers to investigate criminal and administrative matters and misconduct by officers and other employees of U.S. Customs and Border Protection. (b) Contracts \nThe Commissioner is authorized to enter into such contracts as may be necessary to carry out this section.", "id": "H11FACD68F5B048448CC68E9890770179", "header": "Office of Professional Responsibility", "nested": [ { "text": "(a) In general \nThe Commissioner of U.S. Customs and Border Protection shall hire, train, and assign sufficient Office of Professional Responsibility special agents to ensure that there is 1 such special agent for every 30 officers to investigate criminal and administrative matters and misconduct by officers and other employees of U.S. Customs and Border Protection.", "id": "HD733C7B381B747DB9BDAAA2450A93635", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Contracts \nThe Commissioner is authorized to enter into such contracts as may be necessary to carry out this section.", "id": "HEB55CAE994534C09B98601408351F267", "header": "Contracts", "nested": [], "links": [] } ], "links": [] }, { "text": "2401. Humanitarian and medical standards for individuals in U.S. Customs and Border Protection custody \n(a) In general \nThe Secretary, in coordination with the Secretary of Health and Human Services, and in consultation with nongovernmental experts in the delivery of humanitarian response and health care, shall develop guidelines and protocols for basic minimum standards of care for individuals in the custody of U.S. Customs and Border Protection. (b) Issues addressed \nThe guidelines and protocols described in subsection (a) shall ensure that the staffing, physical facilities, furnishings, and supplies are adequate to provide each detainee with appropriate— (1) medical care, including initial health screenings and medical assessments; (2) water, sanitation, and hygiene; (3) food and nutrition; (4) clothing and shelter; (5) quiet, dimly illuminated sleeping quarters if he or she is detained overnight; (6) information about available services and legal rights, in the common language spoken by the detainee, and access to a telephone; and (7) freedom to practice the detainee’s religion.", "id": "HA60D6076BDE3414C893BD37B73808F84", "header": "Humanitarian and medical standards for individuals in U.S. Customs and Border Protection custody", "nested": [ { "text": "(a) In general \nThe Secretary, in coordination with the Secretary of Health and Human Services, and in consultation with nongovernmental experts in the delivery of humanitarian response and health care, shall develop guidelines and protocols for basic minimum standards of care for individuals in the custody of U.S. Customs and Border Protection.", "id": "H9F1E5E955723480280275B145C558ABD", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Issues addressed \nThe guidelines and protocols described in subsection (a) shall ensure that the staffing, physical facilities, furnishings, and supplies are adequate to provide each detainee with appropriate— (1) medical care, including initial health screenings and medical assessments; (2) water, sanitation, and hygiene; (3) food and nutrition; (4) clothing and shelter; (5) quiet, dimly illuminated sleeping quarters if he or she is detained overnight; (6) information about available services and legal rights, in the common language spoken by the detainee, and access to a telephone; and (7) freedom to practice the detainee’s religion.", "id": "H714270CA6DD3407A8BF573F9825FFAC9", "header": "Issues addressed", "nested": [], "links": [] } ], "links": [] }, { "text": "2402. Child welfare at the border \n(a) Guidelines \nThe Secretary, in consultation with appropriate Federal, State, and local government officials, pediatricians, and child welfare experts and private sector agencies, shall develop additional guidelines for the treatment of children in the custody of U.S. Customs and Border Protection. (b) Guiding principle \nThe guiding principle of the guidelines developed pursuant to subsection (a) shall be the best interest of the child and shall include— (1) appropriate training for all Department of Homeland Security personnel and cooperating entity personnel who have contact with children relating to the care and custody of children; (2) ensuring the availability of qualified child welfare professionals and licensed medical professionals, as appropriate; (3) a reliable system for identifying and reporting allegations of child abuse or neglect; (4) prohibiting the removal of a child from a parent or legal guardian for the purpose of deterring individuals from migrating to the United States or promoting compliance with the United States immigration laws; (5) reasonable arrangements for unannounced visits and inspections by the Office of Inspector General of the Department of Homeland Security, nongovernmental organizations, and State and local child welfare agencies; and (6) the preservation of all records associated with children in the custody of the Department of Homeland Security, including records of— (A) the identities of the children; (B) any known family members of the children; and (C) reported incidents of abuse of the children while in custody. (c) Authorization of appropriations \nThere are authorized to be appropriated such sums as may be necessary to implement this section.", "id": "H6367D41661714A759697A79630B05704", "header": "Child welfare at the border", "nested": [ { "text": "(a) Guidelines \nThe Secretary, in consultation with appropriate Federal, State, and local government officials, pediatricians, and child welfare experts and private sector agencies, shall develop additional guidelines for the treatment of children in the custody of U.S. Customs and Border Protection.", "id": "H3A51C9CC4F854CA38D90C35404EB34EE", "header": "Guidelines", "nested": [], "links": [] }, { "text": "(b) Guiding principle \nThe guiding principle of the guidelines developed pursuant to subsection (a) shall be the best interest of the child and shall include— (1) appropriate training for all Department of Homeland Security personnel and cooperating entity personnel who have contact with children relating to the care and custody of children; (2) ensuring the availability of qualified child welfare professionals and licensed medical professionals, as appropriate; (3) a reliable system for identifying and reporting allegations of child abuse or neglect; (4) prohibiting the removal of a child from a parent or legal guardian for the purpose of deterring individuals from migrating to the United States or promoting compliance with the United States immigration laws; (5) reasonable arrangements for unannounced visits and inspections by the Office of Inspector General of the Department of Homeland Security, nongovernmental organizations, and State and local child welfare agencies; and (6) the preservation of all records associated with children in the custody of the Department of Homeland Security, including records of— (A) the identities of the children; (B) any known family members of the children; and (C) reported incidents of abuse of the children while in custody.", "id": "H545C8360A8F04BEFA63061B22F8DD4FE", "header": "Guiding principle", "nested": [], "links": [] }, { "text": "(c) Authorization of appropriations \nThere are authorized to be appropriated such sums as may be necessary to implement this section.", "id": "HCF131079C65647558C3429385E754606", "header": "Authorization of appropriations", "nested": [], "links": [] } ], "links": [] }, { "text": "2403. Office of Inspector General oversight \nNot later than 6 months after the date of the enactment of this Act and every 6 months thereafter, the Inspector General of the Department of Homeland Security, in coordination with the Secretary of Health and Human Services, shall submit a report to the appropriate congressional committees regarding— (1) the status of the implementation of sections 2401 and 2402; and (2) findings made after announced and unannounced inspections to Department of Homeland Security facilities.", "id": "HB05AD4A17C104D538CDB65DD5E79C77D", "header": "Office of Inspector General oversight", "nested": [], "links": [] }, { "text": "2404. Enhanced investigation and prosecution of human smuggling networks and trafficking organizations \nThe Attorney General and the Secretary shall expand collaboration on the investigation and prosecution of human smuggling networks and trafficking organizations targeting migrants, asylum seekers, and unaccompanied children and operating at the southwestern border of the United States, including the continuation and expansion of anti-trafficking coordination teams.", "id": "H6F089A830AC04CC49C5B5C2B9297F15F", "header": "Enhanced investigation and prosecution of human smuggling networks and trafficking organizations", "nested": [], "links": [] }, { "text": "2405. Enhanced penalties for organized smuggling schemes \n(a) In general \nSection 274(a)(1)(B) of the Immigration and Nationality Act ( 8 U.S.C. 1324(a)(1)(B) ) is amended— (1) by redesignating clauses (iii) and (iv) as clauses (iv) and (v), respectively; (2) by inserting after clause (ii) the following: (iii) in the case of a violation of subparagraph (A)(i) during and in relation to which the person, while acting for profit or other financial gain, knowingly directs or participates in a scheme to cause 10 or more persons (other than a parent, spouse, sibling, son or daughter, grandparent, or grandchild of the offender) to enter or to attempt to enter the United States at the same time at a place other than a designated port of entry or place other than designated by the Secretary, be fined under title 18, United States Code, imprisoned not more than 15 years, or both; ; and (3) in clause (iv), as redesignated, by inserting commits or attempts to commit sexual assault of, after section 1365 of title 18, United States Code) to,. (b) Bulk cash smuggling \nSection 5332(b)(1) of title 31, United States Code, is amended— (1) in the paragraph heading, by striking Term of imprisonment.— and inserting In general.— ; and (2) by inserting , fined under title 18, or both after 5 years.", "id": "HE8F71A2E109044949F796A80DE96FAD1", "header": "Enhanced penalties for organized smuggling schemes", "nested": [ { "text": "(a) In general \nSection 274(a)(1)(B) of the Immigration and Nationality Act ( 8 U.S.C. 1324(a)(1)(B) ) is amended— (1) by redesignating clauses (iii) and (iv) as clauses (iv) and (v), respectively; (2) by inserting after clause (ii) the following: (iii) in the case of a violation of subparagraph (A)(i) during and in relation to which the person, while acting for profit or other financial gain, knowingly directs or participates in a scheme to cause 10 or more persons (other than a parent, spouse, sibling, son or daughter, grandparent, or grandchild of the offender) to enter or to attempt to enter the United States at the same time at a place other than a designated port of entry or place other than designated by the Secretary, be fined under title 18, United States Code, imprisoned not more than 15 years, or both; ; and (3) in clause (iv), as redesignated, by inserting commits or attempts to commit sexual assault of, after section 1365 of title 18, United States Code) to,.", "id": "H894E68E9C246451189BCE5884E74F96F", "header": "In general", "nested": [], "links": [ { "text": "8 U.S.C. 1324(a)(1)(B)", "legal-doc": "usc", "parsable-cite": "usc/8/1324" } ] }, { "text": "(b) Bulk cash smuggling \nSection 5332(b)(1) of title 31, United States Code, is amended— (1) in the paragraph heading, by striking Term of imprisonment.— and inserting In general.— ; and (2) by inserting , fined under title 18, or both after 5 years.", "id": "HDB2086FC293A49C88ABE5C9290595AE7", "header": "Bulk cash smuggling", "nested": [], "links": [] } ], "links": [ { "text": "8 U.S.C. 1324(a)(1)(B)", "legal-doc": "usc", "parsable-cite": "usc/8/1324" } ] }, { "text": "2406. Expanding financial sanctions on narcotics trafficking and money laundering \n(a) Financial sanctions expansion \nThe Secretary of the Treasury, the Attorney General, the Secretary of State, the Secretary of Defense, and the Director of Central Intelligence shall expand investigations, intelligence collection, and analysis pursuant to the Foreign Narcotics Kingpin Designation Act ( 21 U.S.C. 1901 et seq. ) to increase the identification and application of sanctions against— (1) significant foreign narcotics traffickers and their organizations and networks; and (2) foreign persons, including government officials, who provide material, financial, or technological support to such traffickers, organizations, or networks. (b) Specific targets \nThe activities described in subsection (a) shall specifically target foreign narcotics traffickers, their organizations and networks, and the foreign persons, including government officials, who provide material, financial, or technological support to such traffickers, organizations, and networks that are present and operating in Central America. (c) Authorization of appropriations \nThere are authorized to be appropriated such sums as may be necessary to carry out subsection (a).", "id": "HE3C3339C67AD4E789BB1B78CFD3FA44F", "header": "Expanding financial sanctions on narcotics trafficking and money laundering", "nested": [ { "text": "(a) Financial sanctions expansion \nThe Secretary of the Treasury, the Attorney General, the Secretary of State, the Secretary of Defense, and the Director of Central Intelligence shall expand investigations, intelligence collection, and analysis pursuant to the Foreign Narcotics Kingpin Designation Act ( 21 U.S.C. 1901 et seq. ) to increase the identification and application of sanctions against— (1) significant foreign narcotics traffickers and their organizations and networks; and (2) foreign persons, including government officials, who provide material, financial, or technological support to such traffickers, organizations, or networks.", "id": "HE957254EDD2B4BCA9727B49CDACD4C27", "header": "Financial sanctions expansion", "nested": [], "links": [ { "text": "21 U.S.C. 1901 et seq.", "legal-doc": "usc", "parsable-cite": "usc/21/1901" } ] }, { "text": "(b) Specific targets \nThe activities described in subsection (a) shall specifically target foreign narcotics traffickers, their organizations and networks, and the foreign persons, including government officials, who provide material, financial, or technological support to such traffickers, organizations, and networks that are present and operating in Central America.", "id": "H93668E60C626402AB4FFD46DD47B1A5E", "header": "Specific targets", "nested": [], "links": [] }, { "text": "(c) Authorization of appropriations \nThere are authorized to be appropriated such sums as may be necessary to carry out subsection (a).", "id": "H21FC8952B7F64F32B3A33A8D750938A9", "header": "Authorization of appropriations", "nested": [], "links": [] } ], "links": [ { "text": "21 U.S.C. 1901 et seq.", "legal-doc": "usc", "parsable-cite": "usc/21/1901" } ] }, { "text": "2407. Support for transnational anti-gang task forces for countering criminal gangs \nThe Director of the Federal Bureau of Investigation, the Director of the Drug Enforcement Administration, and the Secretary, in coordination with the Secretary of State, shall expand the use of transnational task forces that seek to address transnational crime perpetrated by gangs in El Salvador, Guatemala, Honduras, and any other identified country by— (1) expanding transnational criminal investigations focused on criminal gangs in identified countries, such as MS–13 and 18th Street; (2) expanding training and partnership efforts with law enforcement entities in identified countries to disrupt and dismantle criminal gangs, both internationally and in their respective countries; (3) establishing or expanding gang-related investigative units; (4) collecting and disseminating intelligence to support related United States-based investigations; and (5) expanding programming related to gang intervention and prevention for at-risk youth.", "id": "H4E6B2D9DF1A1423CB37EB718D6BAC390", "header": "Support for transnational anti-gang task forces for countering criminal gangs", "nested": [], "links": [] }, { "text": "2408. Hindering immigration, border, and customs controls \n(a) Personnel and structures \nTitle II of the Immigration and Nationality Act ( 8 U.S.C. 1151 et seq. ) is amended by inserting after section 274D the following: 274E. Hindering immigration, border, and customs controls \n(a) Illicit spotting \n(1) In general \nIt shall be unlawful to knowingly surveil, track, monitor, or transmit the location, movement, or activities of any officer or employee of a Federal, State, or Tribal law enforcement agency with the intent— (A) to gain financially; and (B) to violate— (i) the immigration laws; (ii) the customs and trade laws of the United States (as defined in section 2(4) of the Trade Facilitation and Trade Enforcement Act of 2015 ( Public Law 114–125 )); (iii) any other Federal law relating to transporting controlled substances, agriculture, or monetary instruments into the United States; or (iv) any Federal law relating to border controls measures of the United States. (2) Penalty \nAny person who violates paragraph (1) shall be fined under title 18, United States Code, imprisoned for not more than 5 years, or both. (b) Destruction of United States border controls \n(1) In general \nIt shall be unlawful to knowingly and without lawful authorization— (A) destroy or significantly damage any fence, barrier, sensor, camera, or other physical or electronic device deployed by the Federal Government to control an international border of, or a port of entry to, the United States; or (B) otherwise construct, excavate, or make any structure intended to defeat, circumvent or evade such a fence, barrier, sensor camera, or other physical or electronic device deployed by the Federal Government to control an international border of, or a port of entry to, the United States. (2) Penalty \nAny person who violates paragraph (1) shall be fined under title 18, United States Code, imprisoned for not more than 5 years, or both.. (b) Clerical amendment \nThe table of contents of the Immigration and Nationality Act ( 8 U.S.C. 1101 et seq. ) is amended by inserting after the item relating to section 274D the following: Sec. 274E. Hindering immigration, border, and customs controls..", "id": "HF9D437AB469C4A5E8A81B47A003426D4", "header": "Hindering immigration, border, and customs controls", "nested": [ { "text": "(a) Personnel and structures \nTitle II of the Immigration and Nationality Act ( 8 U.S.C. 1151 et seq. ) is amended by inserting after section 274D the following: 274E. Hindering immigration, border, and customs controls \n(a) Illicit spotting \n(1) In general \nIt shall be unlawful to knowingly surveil, track, monitor, or transmit the location, movement, or activities of any officer or employee of a Federal, State, or Tribal law enforcement agency with the intent— (A) to gain financially; and (B) to violate— (i) the immigration laws; (ii) the customs and trade laws of the United States (as defined in section 2(4) of the Trade Facilitation and Trade Enforcement Act of 2015 ( Public Law 114–125 )); (iii) any other Federal law relating to transporting controlled substances, agriculture, or monetary instruments into the United States; or (iv) any Federal law relating to border controls measures of the United States. (2) Penalty \nAny person who violates paragraph (1) shall be fined under title 18, United States Code, imprisoned for not more than 5 years, or both. (b) Destruction of United States border controls \n(1) In general \nIt shall be unlawful to knowingly and without lawful authorization— (A) destroy or significantly damage any fence, barrier, sensor, camera, or other physical or electronic device deployed by the Federal Government to control an international border of, or a port of entry to, the United States; or (B) otherwise construct, excavate, or make any structure intended to defeat, circumvent or evade such a fence, barrier, sensor camera, or other physical or electronic device deployed by the Federal Government to control an international border of, or a port of entry to, the United States. (2) Penalty \nAny person who violates paragraph (1) shall be fined under title 18, United States Code, imprisoned for not more than 5 years, or both..", "id": "H23383692840B447092820539325D3D47", "header": "Personnel and structures", "nested": [], "links": [ { "text": "8 U.S.C. 1151 et seq.", "legal-doc": "usc", "parsable-cite": "usc/8/1151" }, { "text": "Public Law 114–125", "legal-doc": "public-law", "parsable-cite": "pl/114/125" } ] }, { "text": "(b) Clerical amendment \nThe table of contents of the Immigration and Nationality Act ( 8 U.S.C. 1101 et seq. ) is amended by inserting after the item relating to section 274D the following: Sec. 274E. Hindering immigration, border, and customs controls..", "id": "H0A0058073DBE4A879672B09B743B9EB2", "header": "Clerical amendment", "nested": [], "links": [ { "text": "8 U.S.C. 1101 et seq.", "legal-doc": "usc", "parsable-cite": "usc/8/1101" } ] } ], "links": [ { "text": "8 U.S.C. 1151 et seq.", "legal-doc": "usc", "parsable-cite": "usc/8/1151" }, { "text": "Public Law 114–125", "legal-doc": "public-law", "parsable-cite": "pl/114/125" }, { "text": "8 U.S.C. 1101 et seq.", "legal-doc": "usc", "parsable-cite": "usc/8/1101" } ] }, { "text": "274E. Hindering immigration, border, and customs controls \n(a) Illicit spotting \n(1) In general \nIt shall be unlawful to knowingly surveil, track, monitor, or transmit the location, movement, or activities of any officer or employee of a Federal, State, or Tribal law enforcement agency with the intent— (A) to gain financially; and (B) to violate— (i) the immigration laws; (ii) the customs and trade laws of the United States (as defined in section 2(4) of the Trade Facilitation and Trade Enforcement Act of 2015 ( Public Law 114–125 )); (iii) any other Federal law relating to transporting controlled substances, agriculture, or monetary instruments into the United States; or (iv) any Federal law relating to border controls measures of the United States. (2) Penalty \nAny person who violates paragraph (1) shall be fined under title 18, United States Code, imprisoned for not more than 5 years, or both. (b) Destruction of United States border controls \n(1) In general \nIt shall be unlawful to knowingly and without lawful authorization— (A) destroy or significantly damage any fence, barrier, sensor, camera, or other physical or electronic device deployed by the Federal Government to control an international border of, or a port of entry to, the United States; or (B) otherwise construct, excavate, or make any structure intended to defeat, circumvent or evade such a fence, barrier, sensor camera, or other physical or electronic device deployed by the Federal Government to control an international border of, or a port of entry to, the United States. (2) Penalty \nAny person who violates paragraph (1) shall be fined under title 18, United States Code, imprisoned for not more than 5 years, or both.", "id": "H6C753D1C462346C8A5F479BBFC79A71F", "header": "Hindering immigration, border, and customs controls", "nested": [ { "text": "(a) Illicit spotting \n(1) In general \nIt shall be unlawful to knowingly surveil, track, monitor, or transmit the location, movement, or activities of any officer or employee of a Federal, State, or Tribal law enforcement agency with the intent— (A) to gain financially; and (B) to violate— (i) the immigration laws; (ii) the customs and trade laws of the United States (as defined in section 2(4) of the Trade Facilitation and Trade Enforcement Act of 2015 ( Public Law 114–125 )); (iii) any other Federal law relating to transporting controlled substances, agriculture, or monetary instruments into the United States; or (iv) any Federal law relating to border controls measures of the United States. (2) Penalty \nAny person who violates paragraph (1) shall be fined under title 18, United States Code, imprisoned for not more than 5 years, or both.", "id": "HE2A13EF100A44CF587908CDF8EE72DCF", "header": "Illicit spotting", "nested": [], "links": [ { "text": "Public Law 114–125", "legal-doc": "public-law", "parsable-cite": "pl/114/125" } ] }, { "text": "(b) Destruction of United States border controls \n(1) In general \nIt shall be unlawful to knowingly and without lawful authorization— (A) destroy or significantly damage any fence, barrier, sensor, camera, or other physical or electronic device deployed by the Federal Government to control an international border of, or a port of entry to, the United States; or (B) otherwise construct, excavate, or make any structure intended to defeat, circumvent or evade such a fence, barrier, sensor camera, or other physical or electronic device deployed by the Federal Government to control an international border of, or a port of entry to, the United States. (2) Penalty \nAny person who violates paragraph (1) shall be fined under title 18, United States Code, imprisoned for not more than 5 years, or both.", "id": "H7A3B01A54EE345B0B3056EBC96102C6E", "header": "Destruction of United States border controls", "nested": [], "links": [] } ], "links": [ { "text": "Public Law 114–125", "legal-doc": "public-law", "parsable-cite": "pl/114/125" } ] }, { "text": "3101. Recapture of immigrant visas lost to bureaucratic delay \n(a) Worldwide level of family-Sponsored immigrants \nSection 201(c) of the Immigration and Nationality Act ( 8 U.S.C. 1151(c) ) is amended to read as follows: (c) Worldwide level of family-Sponsored immigrants \n(1) In general \nThe worldwide level of family-sponsored immigrants under this subsection for a fiscal year is equal to the sum of— (A) 480,000; (B) the number computed under paragraph (2); and (C) the number computed under paragraph (3). (2) Unused visa numbers from previous fiscal year \nThe number computed under this paragraph for a fiscal year is the difference, if any, between— (A) the worldwide level of employment-based immigrant visas established for the previous fiscal year; and (B) the number of visas issued under section 203(b) during the previous fiscal year. (3) Unused visa numbers from fiscal years 1992 through 2022 \nThe number computed under this paragraph is the difference, if any, between— (A) the difference, if any, between— (i) the sum of the worldwide levels of family-sponsored immigrant visas established for fiscal years 1992 through 2022; and (ii) the number of visas issued under section 203(a) during such fiscal years; and (B) the number of visas resulting from the calculation under subparagraph (A) that were issued after fiscal year 2022 under section 203(a).. (b) Worldwide level of employment-Based immigrants \nSection 201(d) of the Immigration and Nationality Act ( 8 U.S.C. 1151(d) ) is amended to read as follows: (d) Worldwide level of employment-Based immigrants \n(1) In general \nThe worldwide level of employment-based immigrants under this subsection for a fiscal year is equal to the sum of— (A) 170,000; (B) the number computed under paragraph (2); and (C) the number computed under paragraph (3). (2) Unused visa numbers from previous fiscal year \nThe number computed under this paragraph for a fiscal year is the difference, if any, between— (A) the worldwide level of family-sponsored immigrant visas established for the previous fiscal year; and (B) the number of visas issued under section 203(a) during the previous fiscal year. (3) Unused visa numbers from fiscal years 1992 through 2022 \nThe number computed under this paragraph is the difference, if any, between— (A) the difference, if any, between— (i) the sum of the worldwide levels of employment-based immigrant visas established for each of fiscal years 1992 through 2022; and (ii) the number of visas issued under section 203(b) during such fiscal years; and (B) the number of visas resulting from the calculation under subparagraph (A) that were issued after fiscal year 2022 under section 203(b).. (c) Effective date \nThe amendments made by this section shall apply to each fiscal year beginning with fiscal year 2024.", "id": "HBA383844F01B473886751464B2239B06", "header": "Recapture of immigrant visas lost to bureaucratic delay", "nested": [ { "text": "(a) Worldwide level of family-Sponsored immigrants \nSection 201(c) of the Immigration and Nationality Act ( 8 U.S.C. 1151(c) ) is amended to read as follows: (c) Worldwide level of family-Sponsored immigrants \n(1) In general \nThe worldwide level of family-sponsored immigrants under this subsection for a fiscal year is equal to the sum of— (A) 480,000; (B) the number computed under paragraph (2); and (C) the number computed under paragraph (3). (2) Unused visa numbers from previous fiscal year \nThe number computed under this paragraph for a fiscal year is the difference, if any, between— (A) the worldwide level of employment-based immigrant visas established for the previous fiscal year; and (B) the number of visas issued under section 203(b) during the previous fiscal year. (3) Unused visa numbers from fiscal years 1992 through 2022 \nThe number computed under this paragraph is the difference, if any, between— (A) the difference, if any, between— (i) the sum of the worldwide levels of family-sponsored immigrant visas established for fiscal years 1992 through 2022; and (ii) the number of visas issued under section 203(a) during such fiscal years; and (B) the number of visas resulting from the calculation under subparagraph (A) that were issued after fiscal year 2022 under section 203(a)..", "id": "H05822A7C21C14E218D274903EA7C1111", "header": "Worldwide level of family-Sponsored immigrants", "nested": [], "links": [ { "text": "8 U.S.C. 1151(c)", "legal-doc": "usc", "parsable-cite": "usc/8/1151" } ] }, { "text": "(b) Worldwide level of employment-Based immigrants \nSection 201(d) of the Immigration and Nationality Act ( 8 U.S.C. 1151(d) ) is amended to read as follows: (d) Worldwide level of employment-Based immigrants \n(1) In general \nThe worldwide level of employment-based immigrants under this subsection for a fiscal year is equal to the sum of— (A) 170,000; (B) the number computed under paragraph (2); and (C) the number computed under paragraph (3). (2) Unused visa numbers from previous fiscal year \nThe number computed under this paragraph for a fiscal year is the difference, if any, between— (A) the worldwide level of family-sponsored immigrant visas established for the previous fiscal year; and (B) the number of visas issued under section 203(a) during the previous fiscal year. (3) Unused visa numbers from fiscal years 1992 through 2022 \nThe number computed under this paragraph is the difference, if any, between— (A) the difference, if any, between— (i) the sum of the worldwide levels of employment-based immigrant visas established for each of fiscal years 1992 through 2022; and (ii) the number of visas issued under section 203(b) during such fiscal years; and (B) the number of visas resulting from the calculation under subparagraph (A) that were issued after fiscal year 2022 under section 203(b)..", "id": "H5D801385CD894D1E8E84AC766328E930", "header": "Worldwide level of employment-Based immigrants", "nested": [], "links": [ { "text": "8 U.S.C. 1151(d)", "legal-doc": "usc", "parsable-cite": "usc/8/1151" } ] }, { "text": "(c) Effective date \nThe amendments made by this section shall apply to each fiscal year beginning with fiscal year 2024.", "id": "HF7D27C8553624965A11E0DA6686C75C8", "header": "Effective date", "nested": [], "links": [] } ], "links": [ { "text": "8 U.S.C. 1151(c)", "legal-doc": "usc", "parsable-cite": "usc/8/1151" }, { "text": "8 U.S.C. 1151(d)", "legal-doc": "usc", "parsable-cite": "usc/8/1151" } ] }, { "text": "3102. Reclassification of spouses and minor children of lawful permanent residents as immediate relatives \n(a) In general \nSection 201(b)(2) of the Immigration and Nationality Act ( 8 U.S.C. 1151(b)(2) ) is amended to read as follows: (2) Immediate relatives \n(A) In general \n(i) Immediate relative defined \nIn this Act, the term immediate relative includes— (I) a child, spouse, and parent of a citizen of the United States, except that, in the case of parents, such citizen of the United States shall be at least 21 years of age; (II) a child or spouse of a lawful permanent resident; and (III) for each family member of a citizen of the United States or lawful permanent resident described in subclauses (I) and (II), the family member’s spouse or child who is accompanying or following to join the family member. (ii) Previously issued visa \nA noncitizen admitted under section 211(a) on the basis of a prior issuance of a visa under section 203(a) to his or her immediate relative accompanying parent is an immediate relative. (iii) Parents and children \nA noncitizen who was the child or parent of a citizen of the United States or a child of a lawful permanent resident on the date of the death of the United States citizen or lawful permanent resident is an immediate relative if the noncitizen files a petition under section 204(a)(1)(A)(ii) not later than 2 years after such date or before attaining 21 years of age. (iv) Spouses \nA noncitizen who was the spouse of a citizen of the United States or lawful permanent resident for not less than 2 years on the date of death of the United States citizen or lawful permanent resident (or, if married for less than 2 years on such date, proves by a preponderance of the evidence that the marriage was entered into in good faith and not solely for the purpose of obtaining an immigration benefit and the noncitizen was not legally separated from the citizen of the United States or lawful permanent resident on such date) and each child of such noncitizen shall be considered, for purposes of this subsection, an immediate relative after such date if the spouse files a petition under section 204(a)(1)(A)(ii) before the date on which the spouse remarries. (v) Special rule \nFor purposes of this subparagraph, a noncitizen who has filed a petition under clause (iii) or (iv) of section 204(a)(1)(A) remains an immediate relative if the United States citizen or lawful permanent resident spouse or parent loses United States citizenship or lawful permanent residence on account of the abuse. (B) Birth during temporary visit abroad \nA noncitizen born to a lawful permanent resident during a temporary visit abroad is an immediate relative.. (b) Allocation of immigrant visas \nSection 203(a) of the Immigration and Nationality Act ( 8 U.S.C. 1153(a) ) is amended— (1) in paragraph (1), by striking 23,400 and inserting 26.5 percent of such worldwide level ; (2) by striking paragraph (2) and inserting the following: (2) Unmarried sons and unmarried daughters of lawful permanent residents \nQualified immigrants who are the unmarried sons or unmarried daughters (but are not the children) of lawful permanent residents shall be allocated visas in a number not to exceed 16.8 percent of such worldwide level, plus any visas not required for the class specified in paragraph (1). ; (3) in paragraph (3), by striking 23,400 and inserting 16.8 percent of such worldwide level ; and (4) in paragraph (4), by striking 65,000 and inserting 39.9 percent of such worldwide level. (c) Conforming amendments \n(1) Rules for determining whether certain noncitizens are immediate relatives \nSection 201(f) of the Immigration and Nationality Act ( 8 U.S.C. 1151(f) ) is amended— (A) in paragraph (1), by striking paragraphs (2) and (3), and inserting paragraph (2), ; (B) by striking paragraph (2); (C) by redesignating paragraphs (3) and (4) as paragraphs (2) and (3), respectively; and (D) in paragraph (3), as redesignated by subparagraph (C), by striking through (3) and inserting and (2). (2) Allocation of immigration visas \nSection 203(h) of the Immigration and Nationality Act ( 8 U.S.C. 1153(h) ) is amended— (A) in paragraph (1)— (i) in the matter preceding subparagraph (A), by striking subsections (a)(2)(A) and (d) and inserting subsection (d) ; (ii) in subparagraph (A), by striking becomes available for such noncitizen (or, in the case of subsection (d), the date on which an immigrant visa number became available for the noncitizen’s parent), and inserting became available for the noncitizen’s parent, ; and (iii) in subparagraph (B), by striking applicable ; (B) by amending paragraph (2) to read as follows: (2) Petition described \nThe petition described in this paragraph is a petition filed under section 204 for classification of a noncitizen’s parent under subsection (a), (b), or (c). ; and (C) in paragraph (3), by striking subsections (a)(2)(A) and (d) and inserting subsection (d). (3) Procedure for granting immigrant status \nSection 204 of the Immigration and Nationality Act ( 8 U.S.C. 1154 ) is amended— (A) in subsection (a)(1)— (i) in subparagraph (A)— (I) in clause (i), by inserting or lawful permanent resident after citizen of the United States ; (II) in clause (ii), by striking described in the second sentence of section 201(b)(2)(A)(i) also and inserting , noncitizen child, or noncitizen parent described in section 201(b)(2)(A) ; (III) in clause (iii)— (aa) in subclause (I)(aa), by inserting or lawful permanent resident after citizen ; and (bb) in subclause (II)(aa)— (AA) in subitems (AA) and (BB), by inserting or lawful permanent resident; after citizen of the United States each place it appears; and (BB) in subitem (CC), by inserting or lawful permanent resident after United States citizen each place it appears and by inserting or lawful permanent resident after citizenship ; (IV) in clause (iv)— (aa) by striking citizen of the United States and inserting United States citizen or lawful permanent resident parent ; (bb) by inserting or lawful permanent resident after United States citizen ; (cc) by inserting or lawful permanent resident after citizenship ; (dd) by striking citizen parent may and inserting United States citizen or lawful permanent resident parent may ; (ee) by striking citizen parent. and inserting United States citizen or lawful permanent resident parent. ; and (ff) by striking residence includes and inserting residence with a parent includes ; (V) in clause (v)(I), by inserting or lawful permanent resident after citizen ; (VI) in clause (vi)— (aa) by inserting or lawful permanent resident status after renunciation of citizenship ; and (bb) by inserting or lawful permanent resident after abuser’s citizenship ; and (VII) in clause (viii)(I)— (aa) by striking citizen of the United States and inserting United States citizen or lawful permanent resident ; and (bb) by inserting or lawful permanent resident after the citizen ; (ii) by striking subparagraph (B); (iii) in subparagraph (C), by striking subparagraph (A)(iii), (A)(iv), (B)(ii), or (B)(iii) and inserting clause (iii) or (iv) of subparagraph (A) ; (iv) in subparagraph (D)— (I) in clause (i)(I), by striking clause (iv) of section 204(a)(1)(A) or section 204(a)(1)(B)(iii) each place it appears and inserting subparagraph (A)(iv) ; (II) in clause (ii), by striking subparagraph (A)(iii), (A)(iv), (B)(ii) or (B)(iii) and inserting clause (iii) or (iv) of subparagraph (A) ; (III) in clause (iv), by striking subparagraph (A)(iii), (A)(iv), (B)(ii), or (B)(iii) and inserting clause (iii) or (iv) of subparagraph (A) ; and (IV) in clause (v), by striking or (B)(iii) ; (v) in subparagraph (J)— (I) by striking or clause (ii) or (iii) of subparagraph (B) ; and (II) by striking subparagraphs (C) and (D) and inserting subparagraphs (B) and (C) ; and (vi) by redesignating subparagraphs (C) through (L) as subparagraphs (B) through (K), respectively; (B) in subsection (a), by striking paragraph (2); (C) in subsection (h)— (i) in the first sentence, by striking or a petition filed under subsection (a)(1)(B)(ii) pursuant to conditions described in subsection (a)(1)(A)(iii)(1) ; and (ii) in the second sentence— (I) by striking section 204(a)(1)(B)(ii) or 204(a)(1)(A)(iii) and inserting subsection (a)(1)(A)(iii) ; and (II) by striking section 204(a)(1)(A) or in section 204(a)(1)(B)(iii) and inserting subsection (a)(1)(A) ; (D) in subsection (i)(1), by striking subsection (a)(4)(D) and inserting subsection (a)(1)(D) ; (E) in subsection (j), by striking subsection (a)(1)(D) and inserting subsection (a)(1)(E) ; and (F) in subsection l(1)— (i) by striking who resided in the United States at the time of the death of the qualifying relative and who continues to reside in the United States ; and (ii) by striking any related applications, and inserting any related applications (including affidavits of support),. (4) Additional conforming amendments \n(A) Section 101(a) of the Immigration and Nationality Act ( 8 U.S.C. 1101(a) ) is amended— (i) in paragraph (50), by striking , 204(a)(1)(B)(ii)(II)(aa)(BB), ; and (ii) in paragraph (51)— (I) by striking subparagraph (B); and (II) by redesignating subparagraphs (C) through (G) as subparagraphs (B) through (F), respectively. (B) Section 212(a)(4)(C)(i) of the Immigration and Nationality Act ( 8 U.S.C. 1182(a)(4)(C)(i) ) is amended— (i) by striking subclause (II); and (ii) by redesignating subclause (III) as subclause (II). (C) Section 240(c)(7)(C)(iv)(I) of the Immigration and Nationality Act ( 8 U.S.C. 1229a(c)(7)(C)(iv)(I) ) is amended by striking , clause (ii) or (iii) of section 204(a)(1)(B),.", "id": "H1A505E3DD10444718039B5F9E49A311D", "header": "Reclassification of spouses and minor children of lawful permanent residents as immediate relatives", "nested": [ { "text": "(a) In general \nSection 201(b)(2) of the Immigration and Nationality Act ( 8 U.S.C. 1151(b)(2) ) is amended to read as follows: (2) Immediate relatives \n(A) In general \n(i) Immediate relative defined \nIn this Act, the term immediate relative includes— (I) a child, spouse, and parent of a citizen of the United States, except that, in the case of parents, such citizen of the United States shall be at least 21 years of age; (II) a child or spouse of a lawful permanent resident; and (III) for each family member of a citizen of the United States or lawful permanent resident described in subclauses (I) and (II), the family member’s spouse or child who is accompanying or following to join the family member. (ii) Previously issued visa \nA noncitizen admitted under section 211(a) on the basis of a prior issuance of a visa under section 203(a) to his or her immediate relative accompanying parent is an immediate relative. (iii) Parents and children \nA noncitizen who was the child or parent of a citizen of the United States or a child of a lawful permanent resident on the date of the death of the United States citizen or lawful permanent resident is an immediate relative if the noncitizen files a petition under section 204(a)(1)(A)(ii) not later than 2 years after such date or before attaining 21 years of age. (iv) Spouses \nA noncitizen who was the spouse of a citizen of the United States or lawful permanent resident for not less than 2 years on the date of death of the United States citizen or lawful permanent resident (or, if married for less than 2 years on such date, proves by a preponderance of the evidence that the marriage was entered into in good faith and not solely for the purpose of obtaining an immigration benefit and the noncitizen was not legally separated from the citizen of the United States or lawful permanent resident on such date) and each child of such noncitizen shall be considered, for purposes of this subsection, an immediate relative after such date if the spouse files a petition under section 204(a)(1)(A)(ii) before the date on which the spouse remarries. (v) Special rule \nFor purposes of this subparagraph, a noncitizen who has filed a petition under clause (iii) or (iv) of section 204(a)(1)(A) remains an immediate relative if the United States citizen or lawful permanent resident spouse or parent loses United States citizenship or lawful permanent residence on account of the abuse. (B) Birth during temporary visit abroad \nA noncitizen born to a lawful permanent resident during a temporary visit abroad is an immediate relative..", "id": "H69615CB68C0D48E4B4A54265E9D8714B", "header": "In general", "nested": [], "links": [ { "text": "8 U.S.C. 1151(b)(2)", "legal-doc": "usc", "parsable-cite": "usc/8/1151" } ] }, { "text": "(b) Allocation of immigrant visas \nSection 203(a) of the Immigration and Nationality Act ( 8 U.S.C. 1153(a) ) is amended— (1) in paragraph (1), by striking 23,400 and inserting 26.5 percent of such worldwide level ; (2) by striking paragraph (2) and inserting the following: (2) Unmarried sons and unmarried daughters of lawful permanent residents \nQualified immigrants who are the unmarried sons or unmarried daughters (but are not the children) of lawful permanent residents shall be allocated visas in a number not to exceed 16.8 percent of such worldwide level, plus any visas not required for the class specified in paragraph (1). ; (3) in paragraph (3), by striking 23,400 and inserting 16.8 percent of such worldwide level ; and (4) in paragraph (4), by striking 65,000 and inserting 39.9 percent of such worldwide level.", "id": "H61BF8C0B464B498ABF39FD8226CF507B", "header": "Allocation of immigrant visas", "nested": [], "links": [ { "text": "8 U.S.C. 1153(a)", "legal-doc": "usc", "parsable-cite": "usc/8/1153" } ] }, { "text": "(c) Conforming amendments \n(1) Rules for determining whether certain noncitizens are immediate relatives \nSection 201(f) of the Immigration and Nationality Act ( 8 U.S.C. 1151(f) ) is amended— (A) in paragraph (1), by striking paragraphs (2) and (3), and inserting paragraph (2), ; (B) by striking paragraph (2); (C) by redesignating paragraphs (3) and (4) as paragraphs (2) and (3), respectively; and (D) in paragraph (3), as redesignated by subparagraph (C), by striking through (3) and inserting and (2). (2) Allocation of immigration visas \nSection 203(h) of the Immigration and Nationality Act ( 8 U.S.C. 1153(h) ) is amended— (A) in paragraph (1)— (i) in the matter preceding subparagraph (A), by striking subsections (a)(2)(A) and (d) and inserting subsection (d) ; (ii) in subparagraph (A), by striking becomes available for such noncitizen (or, in the case of subsection (d), the date on which an immigrant visa number became available for the noncitizen’s parent), and inserting became available for the noncitizen’s parent, ; and (iii) in subparagraph (B), by striking applicable ; (B) by amending paragraph (2) to read as follows: (2) Petition described \nThe petition described in this paragraph is a petition filed under section 204 for classification of a noncitizen’s parent under subsection (a), (b), or (c). ; and (C) in paragraph (3), by striking subsections (a)(2)(A) and (d) and inserting subsection (d). (3) Procedure for granting immigrant status \nSection 204 of the Immigration and Nationality Act ( 8 U.S.C. 1154 ) is amended— (A) in subsection (a)(1)— (i) in subparagraph (A)— (I) in clause (i), by inserting or lawful permanent resident after citizen of the United States ; (II) in clause (ii), by striking described in the second sentence of section 201(b)(2)(A)(i) also and inserting , noncitizen child, or noncitizen parent described in section 201(b)(2)(A) ; (III) in clause (iii)— (aa) in subclause (I)(aa), by inserting or lawful permanent resident after citizen ; and (bb) in subclause (II)(aa)— (AA) in subitems (AA) and (BB), by inserting or lawful permanent resident; after citizen of the United States each place it appears; and (BB) in subitem (CC), by inserting or lawful permanent resident after United States citizen each place it appears and by inserting or lawful permanent resident after citizenship ; (IV) in clause (iv)— (aa) by striking citizen of the United States and inserting United States citizen or lawful permanent resident parent ; (bb) by inserting or lawful permanent resident after United States citizen ; (cc) by inserting or lawful permanent resident after citizenship ; (dd) by striking citizen parent may and inserting United States citizen or lawful permanent resident parent may ; (ee) by striking citizen parent. and inserting United States citizen or lawful permanent resident parent. ; and (ff) by striking residence includes and inserting residence with a parent includes ; (V) in clause (v)(I), by inserting or lawful permanent resident after citizen ; (VI) in clause (vi)— (aa) by inserting or lawful permanent resident status after renunciation of citizenship ; and (bb) by inserting or lawful permanent resident after abuser’s citizenship ; and (VII) in clause (viii)(I)— (aa) by striking citizen of the United States and inserting United States citizen or lawful permanent resident ; and (bb) by inserting or lawful permanent resident after the citizen ; (ii) by striking subparagraph (B); (iii) in subparagraph (C), by striking subparagraph (A)(iii), (A)(iv), (B)(ii), or (B)(iii) and inserting clause (iii) or (iv) of subparagraph (A) ; (iv) in subparagraph (D)— (I) in clause (i)(I), by striking clause (iv) of section 204(a)(1)(A) or section 204(a)(1)(B)(iii) each place it appears and inserting subparagraph (A)(iv) ; (II) in clause (ii), by striking subparagraph (A)(iii), (A)(iv), (B)(ii) or (B)(iii) and inserting clause (iii) or (iv) of subparagraph (A) ; (III) in clause (iv), by striking subparagraph (A)(iii), (A)(iv), (B)(ii), or (B)(iii) and inserting clause (iii) or (iv) of subparagraph (A) ; and (IV) in clause (v), by striking or (B)(iii) ; (v) in subparagraph (J)— (I) by striking or clause (ii) or (iii) of subparagraph (B) ; and (II) by striking subparagraphs (C) and (D) and inserting subparagraphs (B) and (C) ; and (vi) by redesignating subparagraphs (C) through (L) as subparagraphs (B) through (K), respectively; (B) in subsection (a), by striking paragraph (2); (C) in subsection (h)— (i) in the first sentence, by striking or a petition filed under subsection (a)(1)(B)(ii) pursuant to conditions described in subsection (a)(1)(A)(iii)(1) ; and (ii) in the second sentence— (I) by striking section 204(a)(1)(B)(ii) or 204(a)(1)(A)(iii) and inserting subsection (a)(1)(A)(iii) ; and (II) by striking section 204(a)(1)(A) or in section 204(a)(1)(B)(iii) and inserting subsection (a)(1)(A) ; (D) in subsection (i)(1), by striking subsection (a)(4)(D) and inserting subsection (a)(1)(D) ; (E) in subsection (j), by striking subsection (a)(1)(D) and inserting subsection (a)(1)(E) ; and (F) in subsection l(1)— (i) by striking who resided in the United States at the time of the death of the qualifying relative and who continues to reside in the United States ; and (ii) by striking any related applications, and inserting any related applications (including affidavits of support),. (4) Additional conforming amendments \n(A) Section 101(a) of the Immigration and Nationality Act ( 8 U.S.C. 1101(a) ) is amended— (i) in paragraph (50), by striking , 204(a)(1)(B)(ii)(II)(aa)(BB), ; and (ii) in paragraph (51)— (I) by striking subparagraph (B); and (II) by redesignating subparagraphs (C) through (G) as subparagraphs (B) through (F), respectively. (B) Section 212(a)(4)(C)(i) of the Immigration and Nationality Act ( 8 U.S.C. 1182(a)(4)(C)(i) ) is amended— (i) by striking subclause (II); and (ii) by redesignating subclause (III) as subclause (II). (C) Section 240(c)(7)(C)(iv)(I) of the Immigration and Nationality Act ( 8 U.S.C. 1229a(c)(7)(C)(iv)(I) ) is amended by striking , clause (ii) or (iii) of section 204(a)(1)(B),.", "id": "H08ADA49D19E34865821C25910E1235E7", "header": "Conforming amendments", "nested": [], "links": [ { "text": "8 U.S.C. 1151(f)", "legal-doc": "usc", "parsable-cite": "usc/8/1151" }, { "text": "8 U.S.C. 1153(h)", "legal-doc": "usc", "parsable-cite": "usc/8/1153" }, { "text": "8 U.S.C. 1154", "legal-doc": "usc", "parsable-cite": "usc/8/1154" }, { "text": "8 U.S.C. 1101(a)", "legal-doc": "usc", "parsable-cite": "usc/8/1101" }, { "text": "8 U.S.C. 1182(a)(4)(C)(i)", "legal-doc": "usc", "parsable-cite": "usc/8/1182" }, { "text": "8 U.S.C. 1229a(c)(7)(C)(iv)(I)", "legal-doc": "usc", "parsable-cite": "usc/8/1229a" } ] } ], "links": [ { "text": "8 U.S.C. 1151(b)(2)", "legal-doc": "usc", "parsable-cite": "usc/8/1151" }, { "text": "8 U.S.C. 1153(a)", "legal-doc": "usc", "parsable-cite": "usc/8/1153" }, { "text": "8 U.S.C. 1151(f)", "legal-doc": "usc", "parsable-cite": "usc/8/1151" }, { "text": "8 U.S.C. 1153(h)", "legal-doc": "usc", "parsable-cite": "usc/8/1153" }, { "text": "8 U.S.C. 1154", "legal-doc": "usc", "parsable-cite": "usc/8/1154" }, { "text": "8 U.S.C. 1101(a)", "legal-doc": "usc", "parsable-cite": "usc/8/1101" }, { "text": "8 U.S.C. 1182(a)(4)(C)(i)", "legal-doc": "usc", "parsable-cite": "usc/8/1182" }, { "text": "8 U.S.C. 1229a(c)(7)(C)(iv)(I)", "legal-doc": "usc", "parsable-cite": "usc/8/1229a" } ] }, { "text": "3103. Adjustment of family-sponsored per-country limits \nSection 202(a) of the Immigration and Nationality Act ( 8 U.S.C. 1152(a) ) is amended— (1) in paragraph (2), by striking 7 percent (in the case of a single foreign state) or 2 percent and inserting 20 percent (in the case of a single foreign state) or 5 percent ; and (2) by amending paragraph (4) to read as follows: (4) Limiting pass down for certain countries subject to subsection ( e ) \nIn the case of a foreign state or dependent area to which subsection (e) applies, if the total number of visas issued under section 203(a)(2) exceeds the maximum number of visas that may be made available to immigrants of the state or area under section 203(a)(2) consistent with subsection (e) (determined without regard to this paragraph), in applying paragraphs (3) and (4) of section 203(a) under subsection (e)(2) all visas shall be deemed to have been required for the classes specified in paragraphs (1) and (2) of such section..", "id": "H8B541771B0794811B55BD72C872418FA", "header": "Adjustment of family-sponsored per-country limits", "nested": [], "links": [ { "text": "8 U.S.C. 1152(a)", "legal-doc": "usc", "parsable-cite": "usc/8/1152" } ] }, { "text": "3104. Promoting family unity \n(a) Repeal of 3-Year, 10-Year, and permanent bars \nSection 212(a)(9) of the Immigration and Nationality Act ( 8 U.S.C. 1182(a)(9) ) is amended to read as follows: (9) Noncitizens previously removed \n(A) Arriving noncitizen \nAny noncitizen who has been ordered removed under section 235(b)(1) or at the end of proceedings under section 240 initiated upon the noncitizen's arrival in the United States and who again seeks admission within 5 years of the date of such removal (or within 20 years in the case of a second or subsequent removal or at any time in the case of a noncitizen convicted of an aggravated felony) is inadmissible. (B) Other noncitizens \nAny noncitizen not described in subparagraph (A) who seeks admission within 10 years of the date of such noncitizen’s departure or removal (or within 20 years of such date in the case of a second or subsequent removal or at any time in the case of a noncitizen convicted of an aggravated felony) is inadmissible if the noncitizen— (i) has been ordered removed under section 240 or any other provision of law; or (ii) departed the United States while an order of removal was outstanding. (C) Exception \nSubparagraphs (A) and (B) shall not apply to a noncitizen seeking admission within a period if, prior to the date of the noncitizen’s reembarkation at a place outside the United States or attempt to be admitted from foreign contiguous territory, the Secretary of Homeland Security has consented to the noncitizen’s reapplying for admission.. (b) Misrepresentation of citizenship \nThe Immigration and Nationality Act ( 8 U.S.C. 1101 et seq. ) is amended— (1) in section 212(a)(6)(C) ( 8 U.S.C. 1182(a)(6)(C) ), by amending clause (ii) to read as follows: (ii) Misrepresentation of citizenship \n(I) In general \nAny noncitizen who willfully misrepresents, or has willfully misrepresented, himself or herself to be a citizen of the United States for any purpose or benefit under this Act (including section 274A) or any Federal or State law is inadmissible. (II) Exception \nIn the case of a noncitizen who was under the age of 21 years at the time of making a misrepresentation described in subclause (I), the noncitizen shall not be considered to be inadmissible under any provision of this subsection based on such misrepresentation. ; and (2) in section 237(a)(3) ( 8 U.S.C. 1227(a)(3) ), by amending subparagraph (D) to read as follows: (D) Misrepresentation of citizenship \n(i) In general \nAny noncitizen who willfully misrepresents, or has willfully misrepresented, himself or herself to be a citizen of the United States for any purpose or benefit under this Act (including section 274A) or any Federal or State law is deportable. (ii) Exception \nIn the case of a noncitizen who was under the age of 21 years at the time of making a misrepresentation described in clause (i), the noncitizen shall not be considered to be deportable under any provision of this subsection based on such misrepresentation..", "id": "H6EDDCA70EFDF43B5A38EBB9B5BE8697A", "header": "Promoting family unity", "nested": [ { "text": "(a) Repeal of 3-Year, 10-Year, and permanent bars \nSection 212(a)(9) of the Immigration and Nationality Act ( 8 U.S.C. 1182(a)(9) ) is amended to read as follows: (9) Noncitizens previously removed \n(A) Arriving noncitizen \nAny noncitizen who has been ordered removed under section 235(b)(1) or at the end of proceedings under section 240 initiated upon the noncitizen's arrival in the United States and who again seeks admission within 5 years of the date of such removal (or within 20 years in the case of a second or subsequent removal or at any time in the case of a noncitizen convicted of an aggravated felony) is inadmissible. (B) Other noncitizens \nAny noncitizen not described in subparagraph (A) who seeks admission within 10 years of the date of such noncitizen’s departure or removal (or within 20 years of such date in the case of a second or subsequent removal or at any time in the case of a noncitizen convicted of an aggravated felony) is inadmissible if the noncitizen— (i) has been ordered removed under section 240 or any other provision of law; or (ii) departed the United States while an order of removal was outstanding. (C) Exception \nSubparagraphs (A) and (B) shall not apply to a noncitizen seeking admission within a period if, prior to the date of the noncitizen’s reembarkation at a place outside the United States or attempt to be admitted from foreign contiguous territory, the Secretary of Homeland Security has consented to the noncitizen’s reapplying for admission..", "id": "H80839F9A6C304C6DA27F76B7BC54E97E", "header": "Repeal of 3-Year, 10-Year, and permanent bars", "nested": [], "links": [ { "text": "8 U.S.C. 1182(a)(9)", "legal-doc": "usc", "parsable-cite": "usc/8/1182" } ] }, { "text": "(b) Misrepresentation of citizenship \nThe Immigration and Nationality Act ( 8 U.S.C. 1101 et seq. ) is amended— (1) in section 212(a)(6)(C) ( 8 U.S.C. 1182(a)(6)(C) ), by amending clause (ii) to read as follows: (ii) Misrepresentation of citizenship \n(I) In general \nAny noncitizen who willfully misrepresents, or has willfully misrepresented, himself or herself to be a citizen of the United States for any purpose or benefit under this Act (including section 274A) or any Federal or State law is inadmissible. (II) Exception \nIn the case of a noncitizen who was under the age of 21 years at the time of making a misrepresentation described in subclause (I), the noncitizen shall not be considered to be inadmissible under any provision of this subsection based on such misrepresentation. ; and (2) in section 237(a)(3) ( 8 U.S.C. 1227(a)(3) ), by amending subparagraph (D) to read as follows: (D) Misrepresentation of citizenship \n(i) In general \nAny noncitizen who willfully misrepresents, or has willfully misrepresented, himself or herself to be a citizen of the United States for any purpose or benefit under this Act (including section 274A) or any Federal or State law is deportable. (ii) Exception \nIn the case of a noncitizen who was under the age of 21 years at the time of making a misrepresentation described in clause (i), the noncitizen shall not be considered to be deportable under any provision of this subsection based on such misrepresentation..", "id": "H57DB3FABF4CE42738A24F0140CDACFD4", "header": "Misrepresentation of citizenship", "nested": [], "links": [ { "text": "8 U.S.C. 1101 et seq.", "legal-doc": "usc", "parsable-cite": "usc/8/1101" }, { "text": "8 U.S.C. 1182(a)(6)(C)", "legal-doc": "usc", "parsable-cite": "usc/8/1182" }, { "text": "8 U.S.C. 1227(a)(3)", "legal-doc": "usc", "parsable-cite": "usc/8/1227" } ] } ], "links": [ { "text": "8 U.S.C. 1182(a)(9)", "legal-doc": "usc", "parsable-cite": "usc/8/1182" }, { "text": "8 U.S.C. 1101 et seq.", "legal-doc": "usc", "parsable-cite": "usc/8/1101" }, { "text": "8 U.S.C. 1182(a)(6)(C)", "legal-doc": "usc", "parsable-cite": "usc/8/1182" }, { "text": "8 U.S.C. 1227(a)(3)", "legal-doc": "usc", "parsable-cite": "usc/8/1227" } ] }, { "text": "3105. Relief for orphans, widows, and widowers \n(a) Processing of immigrant visas and derivative petitions \n(1) In general \nSection 204(b) of the Immigration and Nationality Act ( 8 U.S.C. 1154(b) ) is amended— (A) by striking (b) After an investigation and inserting the following: (b) Approval of petition \n(1) In general \nAfter an investigation ; and (B) by adding at the end the following: (2) Death of qualifying relative \n(A) In general \nA noncitizen described in subparagraph (C) the qualifying relative of whom dies before the completion of immigrant visa processing may have an immigrant visa application adjudicated as if such death had not occurred. (B) Continued validity of visa \nAn immigrant visa issued to a noncitizen before the death of his or her qualifying relative shall remain valid after such death. (C) Noncitizen described \nA noncitizen described in this subparagraph is a noncitizen who, at the time of the death of his or her qualifying relative, was— (i) an immediate relative (as described in section 201(b)(2)(A)); (ii) a family-sponsored immigrant (as described in subsection (a) or (d) of section 203); (iii) a derivative beneficiary of an employment-based immigrant under section 203(b) (as described in section 203(d)); or (iv) the spouse or child of a refugee (as described in section 207(c)(2)) or an asylee (as described in section 208(b)(3)).. (2) Transition period \n(A) In general \nNotwithstanding a denial or revocation of an application for an immigrant visa for a noncitizen the qualifying relative of whom dies before the date of the enactment of this Act, such application may be renewed by the noncitizen by a motion to reopen, without fee. (B) Inapplicability of bars to entry \nNotwithstanding section 212(a)(9) of the Immigration and Nationality Act ( 8 U.S.C. 1182(a)(9) ), the application for an immigrant visa of a noncitizen the qualifying relative of whom died before the date of the enactment of this Act shall be considered if the noncitizen was excluded, deported, removed, or departed voluntarily before the date of the enactment of this Act. (b) Eligibility for parole \nIf a noncitizen described in section 204(l) of the Immigration and Nationality Act ( 8 U.S.C. 1154(l) ), was excluded, deported, removed, or departed voluntarily before the date of the enactment of this Act— (1) such noncitizen shall be eligible for parole into the United States pursuant to the Secretary’s discretionary authority under section 212(d)(5) of such Act ( 8 U.S.C. 1182(d)(5) ); and (2) such noncitizen’s application for adjustment of status shall be considered notwithstanding section 212(a)(9) of such Act ( 8 U.S.C. 1182(a)(9) ). (c) Naturalization \nSection 319(a) of the Immigration and Nationality Act ( 8 U.S.C. 1430(a) ) is amended by inserting (or, if the spouse is deceased, the spouse was a citizen of the United States) after citizen of the United States. (d) Family-Sponsored immigrants \nSection 212(a)(4)(C)(i) of the Immigration and Nationality Act ( 8 U.S.C. 1182(a)(4)(C)(i) ), as amended by section 3102, is further amended— (1) in subclause (I), by striking , or and inserting a semicolon; and (2) by adding at the end the following: (III) status as a surviving relative under section 204(l); or.", "id": "H9D940D6B18EA4DF2933D4C455DDEF001", "header": "Relief for orphans, widows, and widowers", "nested": [ { "text": "(a) Processing of immigrant visas and derivative petitions \n(1) In general \nSection 204(b) of the Immigration and Nationality Act ( 8 U.S.C. 1154(b) ) is amended— (A) by striking (b) After an investigation and inserting the following: (b) Approval of petition \n(1) In general \nAfter an investigation ; and (B) by adding at the end the following: (2) Death of qualifying relative \n(A) In general \nA noncitizen described in subparagraph (C) the qualifying relative of whom dies before the completion of immigrant visa processing may have an immigrant visa application adjudicated as if such death had not occurred. (B) Continued validity of visa \nAn immigrant visa issued to a noncitizen before the death of his or her qualifying relative shall remain valid after such death. (C) Noncitizen described \nA noncitizen described in this subparagraph is a noncitizen who, at the time of the death of his or her qualifying relative, was— (i) an immediate relative (as described in section 201(b)(2)(A)); (ii) a family-sponsored immigrant (as described in subsection (a) or (d) of section 203); (iii) a derivative beneficiary of an employment-based immigrant under section 203(b) (as described in section 203(d)); or (iv) the spouse or child of a refugee (as described in section 207(c)(2)) or an asylee (as described in section 208(b)(3)).. (2) Transition period \n(A) In general \nNotwithstanding a denial or revocation of an application for an immigrant visa for a noncitizen the qualifying relative of whom dies before the date of the enactment of this Act, such application may be renewed by the noncitizen by a motion to reopen, without fee. (B) Inapplicability of bars to entry \nNotwithstanding section 212(a)(9) of the Immigration and Nationality Act ( 8 U.S.C. 1182(a)(9) ), the application for an immigrant visa of a noncitizen the qualifying relative of whom died before the date of the enactment of this Act shall be considered if the noncitizen was excluded, deported, removed, or departed voluntarily before the date of the enactment of this Act.", "id": "H01312ED955C140B785BEB5A3AD70D17B", "header": "Processing of immigrant visas and derivative petitions", "nested": [], "links": [ { "text": "8 U.S.C. 1154(b)", "legal-doc": "usc", "parsable-cite": "usc/8/1154" }, { "text": "8 U.S.C. 1182(a)(9)", "legal-doc": "usc", "parsable-cite": "usc/8/1182" } ] }, { "text": "(b) Eligibility for parole \nIf a noncitizen described in section 204(l) of the Immigration and Nationality Act ( 8 U.S.C. 1154(l) ), was excluded, deported, removed, or departed voluntarily before the date of the enactment of this Act— (1) such noncitizen shall be eligible for parole into the United States pursuant to the Secretary’s discretionary authority under section 212(d)(5) of such Act ( 8 U.S.C. 1182(d)(5) ); and (2) such noncitizen’s application for adjustment of status shall be considered notwithstanding section 212(a)(9) of such Act ( 8 U.S.C. 1182(a)(9) ).", "id": "HFBE30128821C40309D4562C011078C33", "header": "Eligibility for parole", "nested": [], "links": [ { "text": "8 U.S.C. 1154(l)", "legal-doc": "usc", "parsable-cite": "usc/8/1154" }, { "text": "8 U.S.C. 1182(d)(5)", "legal-doc": "usc", "parsable-cite": "usc/8/1182" }, { "text": "8 U.S.C. 1182(a)(9)", "legal-doc": "usc", "parsable-cite": "usc/8/1182" } ] }, { "text": "(c) Naturalization \nSection 319(a) of the Immigration and Nationality Act ( 8 U.S.C. 1430(a) ) is amended by inserting (or, if the spouse is deceased, the spouse was a citizen of the United States) after citizen of the United States.", "id": "H397BE18DADB944AAAC0AA1E46BA1E389", "header": "Naturalization", "nested": [], "links": [ { "text": "8 U.S.C. 1430(a)", "legal-doc": "usc", "parsable-cite": "usc/8/1430" } ] }, { "text": "(d) Family-Sponsored immigrants \nSection 212(a)(4)(C)(i) of the Immigration and Nationality Act ( 8 U.S.C. 1182(a)(4)(C)(i) ), as amended by section 3102, is further amended— (1) in subclause (I), by striking , or and inserting a semicolon; and (2) by adding at the end the following: (III) status as a surviving relative under section 204(l); or.", "id": "HFB4E20560BB9434F8819B84B5D369402", "header": "Family-Sponsored immigrants", "nested": [], "links": [ { "text": "8 U.S.C. 1182(a)(4)(C)(i)", "legal-doc": "usc", "parsable-cite": "usc/8/1182" } ] } ], "links": [ { "text": "8 U.S.C. 1154(b)", "legal-doc": "usc", "parsable-cite": "usc/8/1154" }, { "text": "8 U.S.C. 1182(a)(9)", "legal-doc": "usc", "parsable-cite": "usc/8/1182" }, { "text": "8 U.S.C. 1154(l)", "legal-doc": "usc", "parsable-cite": "usc/8/1154" }, { "text": "8 U.S.C. 1182(d)(5)", "legal-doc": "usc", "parsable-cite": "usc/8/1182" }, { "text": "8 U.S.C. 1182(a)(9)", "legal-doc": "usc", "parsable-cite": "usc/8/1182" }, { "text": "8 U.S.C. 1430(a)", "legal-doc": "usc", "parsable-cite": "usc/8/1430" }, { "text": "8 U.S.C. 1182(a)(4)(C)(i)", "legal-doc": "usc", "parsable-cite": "usc/8/1182" } ] }, { "text": "3106. Exemption from immigrant visa limit for certain veterans who are natives of the Philippines \n(a) Short title \nThis section may be cited as the Filipino Veterans Family Reunification Act. (b) Noncitizens not subject to direct numerical limitations \nSection 201(b)(1) of the Immigration and Nationality Act ( 8 U.S.C. 1151(b)(1) ) is amended by adding at the end the following: (F) Noncitizens who are eligible for an immigrant visa under paragraph (1) or (3) of section 203(a) and who have a parent who was naturalized pursuant to section 405 of the Immigration Act of 1990 ( 8 U.S.C. 1440 note)..", "id": "H04D31ACFD65344F989C4B68BE9337CBA", "header": "Exemption from immigrant visa limit for certain veterans who are natives of the Philippines", "nested": [ { "text": "(a) Short title \nThis section may be cited as the Filipino Veterans Family Reunification Act.", "id": "H38E7C5A7982F4E8E86858C616F8D85BF", "header": "Short title", "nested": [], "links": [] }, { "text": "(b) Noncitizens not subject to direct numerical limitations \nSection 201(b)(1) of the Immigration and Nationality Act ( 8 U.S.C. 1151(b)(1) ) is amended by adding at the end the following: (F) Noncitizens who are eligible for an immigrant visa under paragraph (1) or (3) of section 203(a) and who have a parent who was naturalized pursuant to section 405 of the Immigration Act of 1990 ( 8 U.S.C. 1440 note)..", "id": "H5B2C57DA6C9E45258C09C8EB9423F8F5", "header": "Noncitizens not subject to direct numerical limitations", "nested": [], "links": [ { "text": "8 U.S.C. 1151(b)(1)", "legal-doc": "usc", "parsable-cite": "usc/8/1151" }, { "text": "8 U.S.C. 1440", "legal-doc": "usc", "parsable-cite": "usc/8/1440" } ] } ], "links": [ { "text": "8 U.S.C. 1151(b)(1)", "legal-doc": "usc", "parsable-cite": "usc/8/1151" }, { "text": "8 U.S.C. 1440", "legal-doc": "usc", "parsable-cite": "usc/8/1440" } ] }, { "text": "3107. Fiancée or fiancé child status protection \n(a) In general \nSection 101(a)(15)(K) of the Immigration and Nationality Act ( 8 U.S.C. 1101(a)(15)(K) ) is amended— (1) in clause (ii), by striking section 201(b)(2)(A)(i) and inserting section 201(b)(2)(A)(i)(I) ; and (2) by amending clause (iii) to read as follows: (iii) is the minor child of a noncitizen described in clause (i) or (ii) and is accompanying or following to join the noncitizen, the age of such child to be determined as of the date on which the petition is submitted to the Secretary of Homeland Security to classify the noncitizen’s parent as the fiancée or fiancé of a United States citizen (in the case of a noncitizen parent described in clause (i)) or as the spouse of a United States citizen under section 201(b)(2)(A)(i)(I) (in the case of a noncitizen parent described in clause (ii));. (b) Adjustment of status authorized \nSection 214(d) of the Immigration and Nationality Act ( 8 U.S.C. 1184(d) ) is amended— (1) by redesignating paragraphs (2) and (3) as paragraphs (3) and (4), respectively; (2) in paragraph (1)— (A) in the third sentence— (i) by striking paragraph (3)(B) and inserting paragraph (4)(B) ; and (ii) by striking paragraph (3)(B)(i) and inserting paragraph (4)(B)(i) ; and (B) by striking the last sentence; and (3) by inserting after paragraph (1) the following: (2) (A) If a noncitizen does not marry the petitioner under paragraph (1) within 90 days after the noncitizen and the noncitizen’s minor children are admitted into the United States, such noncitizen and children shall be required to depart from the United States. If such noncitizens fail to depart from the United States, they shall be removed in accordance with sections 240 and 241. (B) Subject to subparagraphs (C) and (D), if a noncitizen marries the petitioner described in section 101(a)(15)(K)(i) within 90 days after the noncitizen and the noncitizen’s minor children are admitted into the United States, the Secretary of Homeland Security or the Attorney General, subject to the provisions of section 245(d), may adjust the status of the noncitizen, and any minor children accompanying or following to join the noncitizen, to that of a lawful permanent resident on a conditional basis under section 216 if the noncitizen and any such minor children apply for such adjustment and are not determined to be inadmissible to the United States. (C) Paragraphs (5) and (7)(A) of section 212(a) shall not apply to a noncitizen who is eligible to apply for adjustment of status to that of a lawful permanent resident under this section. (D) A noncitizen eligible for a waiver of inadmissibility as otherwise authorized under this Act shall be permitted to apply for adjustment of status to that of a lawful permanent resident under this section.. (c) Age determination \nSection 245(d) of the Immigration and Nationality Act ( 8 U.S.C. 1255(d) ) is amended— (1) by inserting (1) before The Attorney General ; and (2) by adding at the end the following: (2) A determination of the age of a noncitizen admitted to the United States under section 101(a)(15)(K)(iii) shall be made, for purposes of adjustment of status to lawful permanent resident on a conditional basis under section 216, using the age of the noncitizen on the date on which the petition is submitted to the Secretary of Homeland Security to classify the noncitizen’s parent as the fiancée or fiancé of a United States citizen (in the case of a noncitizen parent admitted to the United States under section 101(a)(15)(K)(i)) or as the spouse of a United States citizen under section 201(b)(2)(A)(i)(I) (in the case of a noncitizen parent admitted to the United States under section 101(a)(15)(K)(ii)).. (d) Effective date \n(1) In general \nThe amendments made by this section shall be effective as if included in the Immigration Marriage Fraud Amendments of 1986 ( Public Law 99–639 ; 100 Stat. 3537). (2) Applicability \nThe amendments made by this section shall apply to all petitions or applications described in such amendments that— (A) are pending as of the date of the enactment of this Act; or (B) have been denied, but would have been approved if such amendments had been in effect at the time of adjudication of the petition or application. (3) Motion to reopen or reconsider \nA motion to reopen or reconsider a petition or an application described in paragraph (2)(B) shall be granted if such motion is submitted to the Secretary or the Attorney General not later than 2 years after the date of the enactment of this Act.", "id": "HAEA381EF994E4BA2806B99DBD5D0364F", "header": "Fiancée or fiancé child status protection", "nested": [ { "text": "(a) In general \nSection 101(a)(15)(K) of the Immigration and Nationality Act ( 8 U.S.C. 1101(a)(15)(K) ) is amended— (1) in clause (ii), by striking section 201(b)(2)(A)(i) and inserting section 201(b)(2)(A)(i)(I) ; and (2) by amending clause (iii) to read as follows: (iii) is the minor child of a noncitizen described in clause (i) or (ii) and is accompanying or following to join the noncitizen, the age of such child to be determined as of the date on which the petition is submitted to the Secretary of Homeland Security to classify the noncitizen’s parent as the fiancée or fiancé of a United States citizen (in the case of a noncitizen parent described in clause (i)) or as the spouse of a United States citizen under section 201(b)(2)(A)(i)(I) (in the case of a noncitizen parent described in clause (ii));.", "id": "HC5CA09827BD14A60BF2166ECB6F222FD", "header": "In general", "nested": [], "links": [ { "text": "8 U.S.C. 1101(a)(15)(K)", "legal-doc": "usc", "parsable-cite": "usc/8/1101" } ] }, { "text": "(b) Adjustment of status authorized \nSection 214(d) of the Immigration and Nationality Act ( 8 U.S.C. 1184(d) ) is amended— (1) by redesignating paragraphs (2) and (3) as paragraphs (3) and (4), respectively; (2) in paragraph (1)— (A) in the third sentence— (i) by striking paragraph (3)(B) and inserting paragraph (4)(B) ; and (ii) by striking paragraph (3)(B)(i) and inserting paragraph (4)(B)(i) ; and (B) by striking the last sentence; and (3) by inserting after paragraph (1) the following: (2) (A) If a noncitizen does not marry the petitioner under paragraph (1) within 90 days after the noncitizen and the noncitizen’s minor children are admitted into the United States, such noncitizen and children shall be required to depart from the United States. If such noncitizens fail to depart from the United States, they shall be removed in accordance with sections 240 and 241. (B) Subject to subparagraphs (C) and (D), if a noncitizen marries the petitioner described in section 101(a)(15)(K)(i) within 90 days after the noncitizen and the noncitizen’s minor children are admitted into the United States, the Secretary of Homeland Security or the Attorney General, subject to the provisions of section 245(d), may adjust the status of the noncitizen, and any minor children accompanying or following to join the noncitizen, to that of a lawful permanent resident on a conditional basis under section 216 if the noncitizen and any such minor children apply for such adjustment and are not determined to be inadmissible to the United States. (C) Paragraphs (5) and (7)(A) of section 212(a) shall not apply to a noncitizen who is eligible to apply for adjustment of status to that of a lawful permanent resident under this section. (D) A noncitizen eligible for a waiver of inadmissibility as otherwise authorized under this Act shall be permitted to apply for adjustment of status to that of a lawful permanent resident under this section..", "id": "HF385108D5E804F8F98A0C252939672A3", "header": "Adjustment of status authorized", "nested": [], "links": [ { "text": "8 U.S.C. 1184(d)", "legal-doc": "usc", "parsable-cite": "usc/8/1184" } ] }, { "text": "(c) Age determination \nSection 245(d) of the Immigration and Nationality Act ( 8 U.S.C. 1255(d) ) is amended— (1) by inserting (1) before The Attorney General ; and (2) by adding at the end the following: (2) A determination of the age of a noncitizen admitted to the United States under section 101(a)(15)(K)(iii) shall be made, for purposes of adjustment of status to lawful permanent resident on a conditional basis under section 216, using the age of the noncitizen on the date on which the petition is submitted to the Secretary of Homeland Security to classify the noncitizen’s parent as the fiancée or fiancé of a United States citizen (in the case of a noncitizen parent admitted to the United States under section 101(a)(15)(K)(i)) or as the spouse of a United States citizen under section 201(b)(2)(A)(i)(I) (in the case of a noncitizen parent admitted to the United States under section 101(a)(15)(K)(ii))..", "id": "HAE7A1C14BC654F24BA06F52217A4BED9", "header": "Age determination", "nested": [], "links": [ { "text": "8 U.S.C. 1255(d)", "legal-doc": "usc", "parsable-cite": "usc/8/1255" } ] }, { "text": "(d) Effective date \n(1) In general \nThe amendments made by this section shall be effective as if included in the Immigration Marriage Fraud Amendments of 1986 ( Public Law 99–639 ; 100 Stat. 3537). (2) Applicability \nThe amendments made by this section shall apply to all petitions or applications described in such amendments that— (A) are pending as of the date of the enactment of this Act; or (B) have been denied, but would have been approved if such amendments had been in effect at the time of adjudication of the petition or application. (3) Motion to reopen or reconsider \nA motion to reopen or reconsider a petition or an application described in paragraph (2)(B) shall be granted if such motion is submitted to the Secretary or the Attorney General not later than 2 years after the date of the enactment of this Act.", "id": "H243A43ADAA6D464AB5DF91CD1ADC3A08", "header": "Effective date", "nested": [], "links": [ { "text": "Public Law 99–639", "legal-doc": "public-law", "parsable-cite": "pl/99/639" } ] } ], "links": [ { "text": "8 U.S.C. 1101(a)(15)(K)", "legal-doc": "usc", "parsable-cite": "usc/8/1101" }, { "text": "8 U.S.C. 1184(d)", "legal-doc": "usc", "parsable-cite": "usc/8/1184" }, { "text": "8 U.S.C. 1255(d)", "legal-doc": "usc", "parsable-cite": "usc/8/1255" }, { "text": "Public Law 99–639", "legal-doc": "public-law", "parsable-cite": "pl/99/639" } ] }, { "text": "3108. Retention of priority dates \nSection 203 of the Immigration and Nationality Act ( 8 U.S.C. 1153 ) is amended— (1) in subsection (h), by amending paragraph (3) to read as follows: (3) Retention of priority date \nIf the age of a noncitizen is determined under paragraph (1) to be 21 years or older for purposes of subsection (d), and a parent of the noncitizen files a family-based petition for such noncitizen, the priority date for such petition shall be the original priority date issued upon receipt of the original family-based or employment-based petition for which either parent was a beneficiary. ; and (2) by adding at the end the following: (i) Permanent priority dates \n(1) In general \nThe priority date for any family-based or employment-based petition shall be the date of filing of the petition with the Secretary of Homeland Security (or the Secretary of State, if applicable), unless the filing of the petition was preceded by the filing of a labor certification with the Secretary of Labor, in which case that date shall constitute the priority date. (2) Retention of earliest priority date \nThe beneficiary of any petition shall retain his or her earliest priority date based on any petition filed on his or her behalf that was approvable on the date on which it was filed, regardless of the category of subsequent petitions..", "id": "H94A73F40D00F45F48FF696C623C83EB8", "header": "Retention of priority dates", "nested": [], "links": [ { "text": "8 U.S.C. 1153", "legal-doc": "usc", "parsable-cite": "usc/8/1153" } ] }, { "text": "3109. Inclusion of permanent partners \n(a) Immigration and Nationality Act \nSection 101(a) of the Immigration and Nationality Act ( 8 U.S.C. 1101(a) ), as amended by section 1102, is further amended by adding at the end: (55) Permanent partner \n(A) The term permanent partner means an individual 18 years of age or older who— (i) is in a committed, intimate relationship with another individual 18 years of age or older in which both parties intend a lifelong commitment; (ii) is financially interdependent with such other individual, except that the Secretary of Homeland Security or the Secretary of State shall have the discretion to waive this requirement on a case-by-case basis for good cause; (iii) is not married to or in a permanent partnership with anyone other than such other individual; (iv) is unable, in the jurisdiction of his or her domicile or the domicile of such other individual, to contract with such other individual a marriage cognizable under this Act; and (v) is not a first-degree, second-degree, or third-degree blood relation of such other individual. (B) Any reference to spouse , husband , or wife , or to the plurals of such terms, shall be equally applicable to a permanent partner. (C) Any reference to marriage , marital union , married , unmarried , wedlock , or any similar term shall be equally applicable to the union of permanent partners.. (b) Other immigration legislation \nThe definition of permanent partner under section 101(a)(55) of the Immigration and Nationality Act ( 8 U.S.C. 1101(a)(55) ), as added by subsection (a), and the meanings of the references described in that section shall apply to— (1) the LIFE Act (division B of the Miscellaneous Appropriations Act, 2001, as enacted into law by section 1(a)(4) of Public Law 106–554 ); (2) the Cuban Adjustment Act ( 8 U.S.C. 1255 note); and (3) the Violence Against Women Act of 2000 (division B of Public Law 106–386 ; 114 Stat. 1491). (c) Inapplicability of ceremony requirement \nParagraph (35) of section 101(a) of the Immigration and Nationality Act ( 8 U.S.C. 1101(a) ) is amended by striking The term and inserting Subject to paragraph (55), the term.", "id": "HCD456C4A10414786A69A8821469FF9B1", "header": "Inclusion of permanent partners", "nested": [ { "text": "(a) Immigration and Nationality Act \nSection 101(a) of the Immigration and Nationality Act ( 8 U.S.C. 1101(a) ), as amended by section 1102, is further amended by adding at the end: (55) Permanent partner \n(A) The term permanent partner means an individual 18 years of age or older who— (i) is in a committed, intimate relationship with another individual 18 years of age or older in which both parties intend a lifelong commitment; (ii) is financially interdependent with such other individual, except that the Secretary of Homeland Security or the Secretary of State shall have the discretion to waive this requirement on a case-by-case basis for good cause; (iii) is not married to or in a permanent partnership with anyone other than such other individual; (iv) is unable, in the jurisdiction of his or her domicile or the domicile of such other individual, to contract with such other individual a marriage cognizable under this Act; and (v) is not a first-degree, second-degree, or third-degree blood relation of such other individual. (B) Any reference to spouse , husband , or wife , or to the plurals of such terms, shall be equally applicable to a permanent partner. (C) Any reference to marriage , marital union , married , unmarried , wedlock , or any similar term shall be equally applicable to the union of permanent partners..", "id": "H5B920AE22BF745FBBF53117D04D709A6", "header": "Immigration and Nationality Act", "nested": [], "links": [ { "text": "8 U.S.C. 1101(a)", "legal-doc": "usc", "parsable-cite": "usc/8/1101" } ] }, { "text": "(b) Other immigration legislation \nThe definition of permanent partner under section 101(a)(55) of the Immigration and Nationality Act ( 8 U.S.C. 1101(a)(55) ), as added by subsection (a), and the meanings of the references described in that section shall apply to— (1) the LIFE Act (division B of the Miscellaneous Appropriations Act, 2001, as enacted into law by section 1(a)(4) of Public Law 106–554 ); (2) the Cuban Adjustment Act ( 8 U.S.C. 1255 note); and (3) the Violence Against Women Act of 2000 (division B of Public Law 106–386 ; 114 Stat. 1491).", "id": "HCA67C90CFFE04204A9A7DB1E5DB1CBE8", "header": "Other immigration legislation", "nested": [], "links": [ { "text": "8 U.S.C. 1101(a)(55)", "legal-doc": "usc", "parsable-cite": "usc/8/1101" }, { "text": "Public Law 106–554", "legal-doc": "public-law", "parsable-cite": "pl/106/554" }, { "text": "8 U.S.C. 1255", "legal-doc": "usc", "parsable-cite": "usc/8/1255" }, { "text": "Public Law 106–386", "legal-doc": "public-law", "parsable-cite": "pl/106/386" } ] }, { "text": "(c) Inapplicability of ceremony requirement \nParagraph (35) of section 101(a) of the Immigration and Nationality Act ( 8 U.S.C. 1101(a) ) is amended by striking The term and inserting Subject to paragraph (55), the term.", "id": "H4FE163B73B72440184B8FFC273CD6DE7", "header": " Inapplicability of ceremony requirement", "nested": [], "links": [ { "text": "8 U.S.C. 1101(a)", "legal-doc": "usc", "parsable-cite": "usc/8/1101" } ] } ], "links": [ { "text": "8 U.S.C. 1101(a)", "legal-doc": "usc", "parsable-cite": "usc/8/1101" }, { "text": "8 U.S.C. 1101(a)(55)", "legal-doc": "usc", "parsable-cite": "usc/8/1101" }, { "text": "Public Law 106–554", "legal-doc": "public-law", "parsable-cite": "pl/106/554" }, { "text": "8 U.S.C. 1255", "legal-doc": "usc", "parsable-cite": "usc/8/1255" }, { "text": "Public Law 106–386", "legal-doc": "public-law", "parsable-cite": "pl/106/386" }, { "text": "8 U.S.C. 1101(a)", "legal-doc": "usc", "parsable-cite": "usc/8/1101" } ] }, { "text": "3110. Definition of child \n(a) Titles I and II \nSection 101(b)(1) of the Immigration and Nationality Act ( 8 U.S.C. 1101(b)(1) ) is amended— (1) in subparagraph (B), by striking , provided the child had not reached the age of eighteen years at the time the marriage creating the status of stepchild occurred ; and (2) by adding at the end the following: (H) (i) a biological child of a noncitizen permanent partner if the child was under the age of 18 years on the date on which the permanent partnership was formed; or (ii) a child adopted by a noncitizen permanent partner while under the age of 16 years if the child— (I) has been in the legal custody of, and has resided with, such adoptive parent for at least 2 years; and (II) was under the age of 18 years at the time the permanent partnership was formed.. (b) Title III \nSection 101(c) of the Immigration and Nationality Act ( 8 U.S.C. 1101(c) ) is amended— (1) in paragraph (1), by inserting and an individual described in subsection (b)(1)(H) after The term child means an unmarried person under twenty-one years of age ; and (2) in paragraph (2), by inserting and the deceased permanent partner of a deceased parent, father, or mother, after deceased parent, father, and mother.", "id": "H9C1A5E09488D400BACA3930B9B0C0BE2", "header": "Definition of child", "nested": [ { "text": "(a) Titles I and II \nSection 101(b)(1) of the Immigration and Nationality Act ( 8 U.S.C. 1101(b)(1) ) is amended— (1) in subparagraph (B), by striking , provided the child had not reached the age of eighteen years at the time the marriage creating the status of stepchild occurred ; and (2) by adding at the end the following: (H) (i) a biological child of a noncitizen permanent partner if the child was under the age of 18 years on the date on which the permanent partnership was formed; or (ii) a child adopted by a noncitizen permanent partner while under the age of 16 years if the child— (I) has been in the legal custody of, and has resided with, such adoptive parent for at least 2 years; and (II) was under the age of 18 years at the time the permanent partnership was formed..", "id": "HCB1E58635D2345C68BB81D23D01FD05C", "header": "Titles I and II", "nested": [], "links": [ { "text": "8 U.S.C. 1101(b)(1)", "legal-doc": "usc", "parsable-cite": "usc/8/1101" } ] }, { "text": "(b) Title III \nSection 101(c) of the Immigration and Nationality Act ( 8 U.S.C. 1101(c) ) is amended— (1) in paragraph (1), by inserting and an individual described in subsection (b)(1)(H) after The term child means an unmarried person under twenty-one years of age ; and (2) in paragraph (2), by inserting and the deceased permanent partner of a deceased parent, father, or mother, after deceased parent, father, and mother.", "id": "H01F8071965EE42C69AEA1693F7164BAE", "header": "Title III", "nested": [], "links": [ { "text": "8 U.S.C. 1101(c)", "legal-doc": "usc", "parsable-cite": "usc/8/1101" } ] } ], "links": [ { "text": "8 U.S.C. 1101(b)(1)", "legal-doc": "usc", "parsable-cite": "usc/8/1101" }, { "text": "8 U.S.C. 1101(c)", "legal-doc": "usc", "parsable-cite": "usc/8/1101" } ] }, { "text": "3111. Termination of conditional permanent resident status for certain noncitizen permanent partners and sons and daughters upon finding qualifying permanent partnership improper \nSection 216 of the Immigration and Nationality Act ( 8 U.S.C. 1186a ) is amended— (1) in subsection (b)(1)(A)(ii), by inserting or has ceased to satisfy the criteria for being considered a permanent partnership under this Act, after terminated, ; (2) in subsection (c)(4)(B), by striking terminated (other than through the death of the spouse) and inserting terminated, or has ceased to satisfy the criteria for being considered a permanent partnership under this Act, other than through the death of the spouse, ; and (3) in subsection (d)(1)(A)(i)(II), by inserting or has not ceased to satisfy the criteria for being considered a permanent partnership under this Act, after terminated,.", "id": "HA63C75C7E9934B6AA3B47B630ED65ED1", "header": "Termination of conditional permanent resident status for certain noncitizen permanent partners and sons and daughters upon finding qualifying permanent partnership improper", "nested": [], "links": [ { "text": "8 U.S.C. 1186a", "legal-doc": "usc", "parsable-cite": "usc/8/1186a" } ] }, { "text": "3112. Nationality at birth \nSection 301 of the Immigration and Nationality Act ( 8 U.S.C. 1401 ) is amended by adding at the end the following: (i) Any reference to a person born of parents in this section shall include— (1) any legally recognized parent-child relationship formed within the first year of a person’s life regardless of any genetic or gestational relationship; (2) either parent of a child born through assisted reproductive technology who is legally recognized as a parent in the relevant jurisdiction regardless of any genetic or gestational relationship; and (3) the spouse of a parent at the time of birth, in any case in which— (A) at least 1 parent is a legally recognized parent; and (B) the marriage occurred before the child’s birth and is recognized in the United States, regardless of where the parents reside..", "id": "H310C932008A14434802E23DAF9B580E9", "header": "Nationality at birth", "nested": [], "links": [ { "text": "8 U.S.C. 1401", "legal-doc": "usc", "parsable-cite": "usc/8/1401" } ] }, { "text": "3201. Expansion of nondiscrimination provision \nSection 202(a)(1)(A) of the Immigration and Nationality Act ( 8 U.S.C. 1152(a)(1)(A) ) is amended— (1) by inserting or a nonimmigrant visa, admission or other entry into the United States, or the approval or revocation of any immigration benefit after immigrant visa ; (2) by inserting religion, after sex, ; and (3) by inserting , except if expressly required by statute, or if a statutorily authorized benefit takes into consideration such factors before the period at the end.", "id": "HF5C1FE6F4F834805A9E201530A6DC47C", "header": "Expansion of nondiscrimination provision", "nested": [], "links": [ { "text": "8 U.S.C. 1152(a)(1)(A)", "legal-doc": "usc", "parsable-cite": "usc/8/1152" } ] }, { "text": "3202. Transfer and limitations on authority to suspend or restrict the entry of a class of noncitizens \nSection 212(f) of the Immigration and Nationality Act ( 8 U.S.C. 1182(f) ) is amended to read as follows: (f) Authority To suspend or restrict the entry of a class of noncitizens \n(1) In general \nSubject to paragraph (2), if the Secretary of State, in consultation with the Secretary of Homeland Security, determines, based on specific and credible facts, that the entry of any noncitizens or any class of noncitizens into the United States would undermine the security or public safety of the United States, or the preservation of human rights, democratic processes or institutions, or international stability, the President may temporarily— (A) suspend the entry of such noncitizens or class of noncitizens as immigrants or nonimmigrants; or (B) impose any restriction on the entry of such noncitizens that the President considers appropriate. (2) Limitations \nIn carrying out paragraph (1), the President, the Secretary of State, and the Secretary of Homeland Security shall— (A) issue a suspension or restriction only to the extent required to address specific acts implicating a compelling government interest in a factor identified in paragraph (1); (B) narrowly tailor the suspension or restriction, using the least restrictive means, to achieve such compelling government interest; (C) specify the duration of the suspension or restriction and set forth evidence justifying such duration; (D) consider waivers to any class-based restriction or suspension and apply a rebuttable presumption in favor of granting family-based and humanitarian waivers; and (E) comply with all provisions of this Act, including section 202(a)(1)(A). (3) Congressional notification \n(A) In general \nPrior to the President exercising the authority under paragraph (1), the Secretary of State and the Secretary of Homeland Security shall consult Congress and provide Congress with specific evidence supporting the need for the suspension or restriction and its proposed duration. (B) Briefing and report \nNot later than 48 hours after the President exercises the authority under paragraph (1), the Secretary of State and the Secretary of Homeland Security shall provide a briefing and submit a written report to the appropriate committees of Congress that describes— (i) the action taken pursuant to paragraph (1) and the specified objective of such action; and (ii) the estimated number of individuals who will be impacted by such action; (I) the constitutional and legislative authority under which such action took place; and (II) the circumstances necessitating such action, including how such action complies with paragraph (2) and any intelligence informing such action. (C) Termination \nIf the briefing and report described in subparagraph (B) are not provided to the appropriate committees of Congress during the 48-hour period after the President exercises the authority under paragraph (1), the suspension or restriction shall immediately terminate absent intervening congressional action. (D) Publication \nThe Secretary of State and the Secretary of Homeland Security shall publicly announce and publish an unclassified version of the report described in subparagraph (B) in the Federal Register. (4) Judicial review \n(A) In general \nNotwithstanding any other provision of law, an individual or entity who is present in the United States and has been harmed by a violation of this subsection may file an action in an appropriate district court of the United States to seek declaratory or injunctive relief. (B) Class action \nNothing in this Act may be construed to preclude an action filed pursuant to subparagraph (A) from proceeding as a class action. (5) Treatment of commercial airlines \nIf the Secretary of Homeland Security finds that a commercial airline has failed to comply with regulations of the Secretary relating to requirements of airlines for the detection of fraudulent documents used by passengers traveling to the United States (including the training of personnel in such detection), the Secretary may suspend the entry of some or all noncitizens transported to the United States by such airline. (6) Reporting requirements \n(A) In general \nNot later than 30 days after the date on which the President exercises the authority under this subsection, and every 30 days thereafter until the conclusion of such an exercise of authority, the Secretary of State, in coordination with the Secretary of Homeland Security and the heads of other relevant Federal agencies, shall submit to the appropriate committees of Congress a report that includes the following: (i) For each country affected by such a suspension or restriction— (I) the total number of individuals who applied for a visa, disaggregated by visa category; (II) the total number of such visa applicants who were approved, disaggregated by visa category; (III) the total number of such visa applicants who were refused, disaggregated by visa category, and the reasons they were refused; (IV) the total number of such visa applicants whose applications remain pending, disaggregated by visa category; (V) the total number of such visa applicants who were granted a waiver, disaggregated by visa category; (VI) the total number of such visa applicants who were denied a waiver, disaggregated by visa category, and the reasons such waiver requests were denied; and (VII) the total number of refugees admitted. (ii) Specific evidence supporting the need for the continued exercise of presidential authority under this subsection, including the information described in paragraph (3)(B). (B) Effect of noncompliance \nIf a report required by subparagraph (A) is not timely submitted, the suspension or restriction shall immediately terminate absent intervening congressional action. (C) Final report \nNot later than 30 days after the conclusion of a suspension or restriction under this subsection, the Secretary of State, in coordination with the Secretary of Homeland Security and the heads of other relevant Federal agencies, shall submit to the appropriate committees of Congress a report that includes, for the entire period of the suspension or restriction, the information described clauses (i) and (ii) of subparagraph (A). (D) Form; availability \nEach report required by this paragraph shall be made publicly available on an internet website in unclassified form. (7) Rule of construction \nNothing in this subsection may be construed to authorize the President, the Secretary of State, or the Secretary of Homeland Security to act in a manner inconsistent with the policy decisions expressed in the immigration laws. (8) Appropriate committees of Congress defined \nIn this subsection, the term appropriate committees of Congress means— (A) the Select Committee on Intelligence, the Committee on Foreign Relations, the Committee on the Judiciary, and the Committee on Homeland Security and Governmental Affairs of the Senate; and (B) the Permanent Select Committee on Intelligence, the Committee on Foreign Affairs, the Committee on the Judiciary, and the Committee on Homeland Security of the House of Representatives..", "id": "H54BA0A9DE8204DBA9A74545297B6B945", "header": "Transfer and limitations on authority to suspend or restrict the entry of a class of noncitizens", "nested": [], "links": [ { "text": "8 U.S.C. 1182(f)", "legal-doc": "usc", "parsable-cite": "usc/8/1182" } ] }, { "text": "3301. Increasing diversity visas \nSection 201(e) of the Immigration and Nationality Act ( 8 U.S.C. 1151(e) ) is amended by striking 55,000 and inserting 80,000.", "id": "HF8EDEDB8EDA24DC1908B5BA97A4E11C0", "header": "Increasing diversity visas", "nested": [], "links": [ { "text": "8 U.S.C. 1151(e)", "legal-doc": "usc", "parsable-cite": "usc/8/1151" } ] }, { "text": "3401. Doctoral STEM graduates from accredited United States universities \n(a) In general \nSection 201(b)(1) of the Immigration and Nationality Act ( 8 U.S.C. 1151(b)(1) ), as amended by section 3106, is further amended by adding at the end the following: (G) Noncitizens who have earned a doctoral degree in a field of science, technology, engineering, or mathematics from an accredited United States institution of higher education.. (b) Definitions \nSection 204 of the Immigration and Nationality Act ( 8 U.S.C. 1154 ) is amended by adding at the end the following: (m) Doctoral STEM graduates from accredited United States universities \nFor purposes of section 201(b)(1)— (1) the term field of science, technology, engineering, or mathematics — (A) means a field included in the Department of Education’s Classification of Instructional Programs taxonomy within the summary groups of computer and information sciences and support services, engineering, mathematics and statistics, physical sciences, and the summary group subsets of accounting and related services and taxation; and (B) may include, at the discretion of the Secretary of Homeland Security, other fields not specifically referred to in subparagraph (A) if the accredited United States institution of higher education verifies that the core curriculum for the specific field is primarily based in science, technology, engineering, or mathematics; and (2) the term accredited United States institution of higher education means an institution that— (A) (i) is described in section 101(a) of the Higher Education Act of 1965 ( 20 U.S.C. 1001(a) ); or (ii) is a proprietary institution of higher education (as defined in section 102(b) of such Act ( 20 U.S.C. 1002(b) )); and (B) is accredited by an accrediting body that is itself accredited by— (i) the Department of Education; or (ii) the Council for Higher Education Accreditation..", "id": "HD1C4290E1D9747C5BB0BF6BCF5355995", "header": "Doctoral STEM graduates from accredited United States universities", "nested": [ { "text": "(a) In general \nSection 201(b)(1) of the Immigration and Nationality Act ( 8 U.S.C. 1151(b)(1) ), as amended by section 3106, is further amended by adding at the end the following: (G) Noncitizens who have earned a doctoral degree in a field of science, technology, engineering, or mathematics from an accredited United States institution of higher education..", "id": "H6AD37BEC365B411BAE60B22C7AC12960", "header": "In general", "nested": [], "links": [ { "text": "8 U.S.C. 1151(b)(1)", "legal-doc": "usc", "parsable-cite": "usc/8/1151" } ] }, { "text": "(b) Definitions \nSection 204 of the Immigration and Nationality Act ( 8 U.S.C. 1154 ) is amended by adding at the end the following: (m) Doctoral STEM graduates from accredited United States universities \nFor purposes of section 201(b)(1)— (1) the term field of science, technology, engineering, or mathematics — (A) means a field included in the Department of Education’s Classification of Instructional Programs taxonomy within the summary groups of computer and information sciences and support services, engineering, mathematics and statistics, physical sciences, and the summary group subsets of accounting and related services and taxation; and (B) may include, at the discretion of the Secretary of Homeland Security, other fields not specifically referred to in subparagraph (A) if the accredited United States institution of higher education verifies that the core curriculum for the specific field is primarily based in science, technology, engineering, or mathematics; and (2) the term accredited United States institution of higher education means an institution that— (A) (i) is described in section 101(a) of the Higher Education Act of 1965 ( 20 U.S.C. 1001(a) ); or (ii) is a proprietary institution of higher education (as defined in section 102(b) of such Act ( 20 U.S.C. 1002(b) )); and (B) is accredited by an accrediting body that is itself accredited by— (i) the Department of Education; or (ii) the Council for Higher Education Accreditation..", "id": "H21285CD779A84B4BA0D2800F8A60C307", "header": "Definitions", "nested": [], "links": [ { "text": "8 U.S.C. 1154", "legal-doc": "usc", "parsable-cite": "usc/8/1154" }, { "text": "20 U.S.C. 1001(a)", "legal-doc": "usc", "parsable-cite": "usc/20/1001" }, { "text": "20 U.S.C. 1002(b)", "legal-doc": "usc", "parsable-cite": "usc/20/1002" } ] } ], "links": [ { "text": "8 U.S.C. 1151(b)(1)", "legal-doc": "usc", "parsable-cite": "usc/8/1151" }, { "text": "8 U.S.C. 1154", "legal-doc": "usc", "parsable-cite": "usc/8/1154" }, { "text": "20 U.S.C. 1001(a)", "legal-doc": "usc", "parsable-cite": "usc/20/1001" }, { "text": "20 U.S.C. 1002(b)", "legal-doc": "usc", "parsable-cite": "usc/20/1002" } ] }, { "text": "3402. Addressing visa backlogs \n(a) Noncitizens not subject to direct numerical limitations \nSection 201(b)(1) of the Immigration and Nationality Act ( 8 U.S.C. 1151(b) ), as amended by section 3106 and 3401, is further amended by adding at the end the following: (H) Noncitizens who are beneficiaries (including derivative beneficiaries) of an approved immigrant petition bearing a priority date that is more than 10 years before the noncitizen’s application for admission as an immigrant or for adjustment of status. (I) Noncitizens described in section 203(d).. (b) Effective date \nThe amendments made by this section shall take effect on the date which is 60 days after the date of the enactment of this Act.", "id": "HFBB94771014240FCA83ABCC74E5F4879", "header": "Addressing visa backlogs", "nested": [ { "text": "(a) Noncitizens not subject to direct numerical limitations \nSection 201(b)(1) of the Immigration and Nationality Act ( 8 U.S.C. 1151(b) ), as amended by section 3106 and 3401, is further amended by adding at the end the following: (H) Noncitizens who are beneficiaries (including derivative beneficiaries) of an approved immigrant petition bearing a priority date that is more than 10 years before the noncitizen’s application for admission as an immigrant or for adjustment of status. (I) Noncitizens described in section 203(d)..", "id": "HA6C78389AD324E37B46D5A332C473FBF", "header": "Noncitizens not subject to direct numerical limitations", "nested": [], "links": [ { "text": "8 U.S.C. 1151(b)", "legal-doc": "usc", "parsable-cite": "usc/8/1151" } ] }, { "text": "(b) Effective date \nThe amendments made by this section shall take effect on the date which is 60 days after the date of the enactment of this Act.", "id": "H4E180416DBDF44B1BD426CCA00478566", "header": "Effective date", "nested": [], "links": [] } ], "links": [ { "text": "8 U.S.C. 1151(b)", "legal-doc": "usc", "parsable-cite": "usc/8/1151" } ] }, { "text": "3403. Eliminating employment-based per country levels \n(a) In general \nSection 202(a)(2) of the Immigration and Nationality Act ( 8 U.S.C. 1152(a)(2) ), as amended by section 3103(a), is further amended— (1) in the paragraph heading, by striking and employment-based ; (2) by striking (3), (4), and (5), and inserting (3) and (4), ; (3) by striking subsections (a) and (b) of section 203 and inserting section 203(a) ; and (4) by striking such subsections and inserting such section. (b) Conforming amendments \nSection 202 of the Immigration and Nationality Act ( 8 U.S.C. 1152 ), as amended by sections 3103, 3201, and subsection (a), is further amended— (1) in subsection (a)— (A) in paragraph (3), by striking both subsections (a) and (b) of section 203 and inserting section 203(a) ; and (B) by striking paragraph (5); and (2) by amending subsection (e) to read as follows: (e) Special rules for countries at ceiling \nIf the total number of immigrant visas made available under section 203(a) to natives of any single foreign state or dependent area is expected to exceed the numerical limitation specified in subsection (a)(2) in any fiscal year, immigrant visas to natives of that state or area under section 203(a) shall be allocated (to the extent practicable and otherwise consistent with this section and section 203) so that, except as provided in subsection (a)(4), the proportion of the visa numbers made available under each of paragraphs (1) through (4) of section 203(a) is equal to the ratio of the total number of visas made available under the respective paragraph to the total number of visas made available under section 203(a).. (c) Country-Specific offset \nSection 2 of the Chinese Student Protection Act of 1992 ( 8 U.S.C. 1255 note) is amended— (1) in subsection (a), by striking subsection (e) and inserting subsection (d) ; (2) by striking subsection (d); and (3) by redesignating subsection (e) as subsection (d). (d) Effective date \nThe amendments made by this section shall apply to fiscal year 2024 and each subsequent fiscal year.", "id": "H8FDB1AB1F34D462B87430150C4022090", "header": "Eliminating employment-based per country levels", "nested": [ { "text": "(a) In general \nSection 202(a)(2) of the Immigration and Nationality Act ( 8 U.S.C. 1152(a)(2) ), as amended by section 3103(a), is further amended— (1) in the paragraph heading, by striking and employment-based ; (2) by striking (3), (4), and (5), and inserting (3) and (4), ; (3) by striking subsections (a) and (b) of section 203 and inserting section 203(a) ; and (4) by striking such subsections and inserting such section.", "id": "H2F1C5B7EE24744F49F14FFE977D2C717", "header": "In general", "nested": [], "links": [ { "text": "8 U.S.C. 1152(a)(2)", "legal-doc": "usc", "parsable-cite": "usc/8/1152" } ] }, { "text": "(b) Conforming amendments \nSection 202 of the Immigration and Nationality Act ( 8 U.S.C. 1152 ), as amended by sections 3103, 3201, and subsection (a), is further amended— (1) in subsection (a)— (A) in paragraph (3), by striking both subsections (a) and (b) of section 203 and inserting section 203(a) ; and (B) by striking paragraph (5); and (2) by amending subsection (e) to read as follows: (e) Special rules for countries at ceiling \nIf the total number of immigrant visas made available under section 203(a) to natives of any single foreign state or dependent area is expected to exceed the numerical limitation specified in subsection (a)(2) in any fiscal year, immigrant visas to natives of that state or area under section 203(a) shall be allocated (to the extent practicable and otherwise consistent with this section and section 203) so that, except as provided in subsection (a)(4), the proportion of the visa numbers made available under each of paragraphs (1) through (4) of section 203(a) is equal to the ratio of the total number of visas made available under the respective paragraph to the total number of visas made available under section 203(a)..", "id": "H373A650C82E9457DB6677EF46A131B8E", "header": "Conforming amendments", "nested": [], "links": [ { "text": "8 U.S.C. 1152", "legal-doc": "usc", "parsable-cite": "usc/8/1152" } ] }, { "text": "(c) Country-Specific offset \nSection 2 of the Chinese Student Protection Act of 1992 ( 8 U.S.C. 1255 note) is amended— (1) in subsection (a), by striking subsection (e) and inserting subsection (d) ; (2) by striking subsection (d); and (3) by redesignating subsection (e) as subsection (d).", "id": "H7CE415FC9BE74E849914C1B05F6D2875", "header": "Country-Specific offset", "nested": [], "links": [ { "text": "8 U.S.C. 1255", "legal-doc": "usc", "parsable-cite": "usc/8/1255" } ] }, { "text": "(d) Effective date \nThe amendments made by this section shall apply to fiscal year 2024 and each subsequent fiscal year.", "id": "HD7890D489AB64BA8B6A8294E987ECE3E", "header": "Effective date", "nested": [], "links": [] } ], "links": [ { "text": "8 U.S.C. 1152(a)(2)", "legal-doc": "usc", "parsable-cite": "usc/8/1152" }, { "text": "8 U.S.C. 1152", "legal-doc": "usc", "parsable-cite": "usc/8/1152" }, { "text": "8 U.S.C. 1255", "legal-doc": "usc", "parsable-cite": "usc/8/1255" } ] }, { "text": "3404. Increased immigrant visas for other workers \nSection 203(b) of the Immigration and Nationality Act ( 8 U.S.C. 1153(b) ) is amended— (1) in paragraph (1) by striking 28.6 and inserting 23.55 ; (2) in paragraph (2)(A) by striking 28.6 and inserting 23.55 ; (3) in paragraph (3)— (A) in subparagraph (A), in the matter before clause (i), by striking 28.6 and inserting 41.2 ; and (B) in subparagraph (B), by striking 10,000 and inserting 40,000 ; (4) in paragraph (4), by striking 7.1 and inserting 5.85 ; and (5) in paragraph (5)(A), in the matter before clause (i), by striking 7.1 and inserting 5.85.", "id": "HF745B00944BB448CA999B97E73E43B11", "header": "Increased immigrant visas for other workers", "nested": [], "links": [ { "text": "8 U.S.C. 1153(b)", "legal-doc": "usc", "parsable-cite": "usc/8/1153" } ] }, { "text": "3405. Flexible adjustments to employment-based immigrant visa program \nSection 203(b) of the Immigration and Nationality Act ( 8 U.S.C. 1153(b) ), as amended by section 3404, is further amended by adding at the end the following: (7) Geographic and labor market adjustments \nThe Secretary of Homeland Security, in consultation with the Secretary of Labor, may establish, by regulation, a procedure for temporarily limiting the admission of immigrants described in paragraphs (2) and (3) in geographic areas or labor market sectors that are experiencing high levels of unemployment..", "id": "HF73580C247C74E95BBB6AD784C35D679", "header": "Flexible adjustments to employment-based immigrant visa program", "nested": [], "links": [ { "text": "8 U.S.C. 1153(b)", "legal-doc": "usc", "parsable-cite": "usc/8/1153" } ] }, { "text": "3406. Regional Economic Development Immigrant Visa Pilot Program \n(a) Pilot program for regional economic development visas \nNotwithstanding the numerical limitations in the Immigration and Nationality Act ( 8 U.S.C. 1101 et seq. ), the Secretary may establish a pilot program for the annual admission of not more than 10,000 admissible immigrants whose employment is essential to the economic development strategies of the cities or counties in which they will live or work. (b) Labor certification \nThe requirements of section 212(a)(5) of the Immigration and Nationality Act ( 8 U.S.C. 1182(a)(5) ) shall apply to the pilot program authorized under this section. (c) Duration \nThe Secretary shall determine the duration of the pilot program authorized under this section, which may not exceed 5 years. (d) Rulemaking \nThe Secretary, in consultation with the Secretary of Labor, shall issue regulations to implement the pilot program authorized under this section.", "id": "H437FAC42A37C4D93A3F6B84942279F2B", "header": "Regional Economic Development Immigrant Visa Pilot Program", "nested": [ { "text": "(a) Pilot program for regional economic development visas \nNotwithstanding the numerical limitations in the Immigration and Nationality Act ( 8 U.S.C. 1101 et seq. ), the Secretary may establish a pilot program for the annual admission of not more than 10,000 admissible immigrants whose employment is essential to the economic development strategies of the cities or counties in which they will live or work.", "id": "H64DC3A35344443B695B0BBA362C985FD", "header": "Pilot program for regional economic development visas", "nested": [], "links": [ { "text": "8 U.S.C. 1101 et seq.", "legal-doc": "usc", "parsable-cite": "usc/8/1101" } ] }, { "text": "(b) Labor certification \nThe requirements of section 212(a)(5) of the Immigration and Nationality Act ( 8 U.S.C. 1182(a)(5) ) shall apply to the pilot program authorized under this section.", "id": "HC5A2F9D794C141C0BABE3661189187B6", "header": "Labor certification", "nested": [], "links": [ { "text": "8 U.S.C. 1182(a)(5)", "legal-doc": "usc", "parsable-cite": "usc/8/1182" } ] }, { "text": "(c) Duration \nThe Secretary shall determine the duration of the pilot program authorized under this section, which may not exceed 5 years.", "id": "H80A46BA9E2964D89B99DFA6B8C73CF82", "header": "Duration", "nested": [], "links": [] }, { "text": "(d) Rulemaking \nThe Secretary, in consultation with the Secretary of Labor, shall issue regulations to implement the pilot program authorized under this section.", "id": "HB62CD74851E943EFB00ACF7FCFCCDD2C", "header": "Rulemaking", "nested": [], "links": [] } ], "links": [ { "text": "8 U.S.C. 1101 et seq.", "legal-doc": "usc", "parsable-cite": "usc/8/1101" }, { "text": "8 U.S.C. 1182(a)(5)", "legal-doc": "usc", "parsable-cite": "usc/8/1182" } ] }, { "text": "3407. Wage-based consideration of temporary workers \nSection 212(p) is amended by adding at the end the following: (5) In determining the order in which visas shall be made available to nonimmigrants described in section 101(a)(15)(H)(i)(b), and to any other category of nonimmigrants deemed appropriate by the Secretary of Homeland Security, the Secretary of Homeland Security, in consultation with the Secretary of Labor, may issue regulations to establish procedures for prioritizing such visas based on the wages offered by employers..", "id": "H261942387CA9474F932B5DA620AF3867", "header": "Wage-based consideration of temporary workers", "nested": [], "links": [] }, { "text": "3408. Clarifying dual intent for postsecondary students \n(a) In general \nSection 101(a)(15)(F)(i) of the Immigration and Nationality Act ( 8 U.S.C. 1101(a)(15)(F)(i) ) is amended by striking an alien having a residence in a foreign country which he has no intention of abandoning, who is a bona fide student qualified to pursue a full course of study and who and inserting a noncitizen who is a bona fide student qualified to pursue a full course of study, who (except for a student qualified to pursue a full course of study at an institution of higher education) has a residence in a foreign country which the noncitizen has no intention of abandoning, and who. (b) Conforming amendments \nSection 214 of the Immigration and Nationality Act ( 8 U.S.C. 1184 ) is amended— (1) in subsection (b), by striking (other than a nonimmigrant and inserting (other than a nonimmigrant described in section 101(a)(15)(F) if the noncitizen is qualified to pursue a full course of study at an institution of higher education, other than a nonimmigrant ; and (2) in subsection (h), by inserting (F) (if the noncitizen is qualified to pursue a full course of study at an institution of higher education), before H(i)(b).", "id": "HEBBD8EBA705043D3BEE9D07DB6060283", "header": "Clarifying dual intent for postsecondary students", "nested": [ { "text": "(a) In general \nSection 101(a)(15)(F)(i) of the Immigration and Nationality Act ( 8 U.S.C. 1101(a)(15)(F)(i) ) is amended by striking an alien having a residence in a foreign country which he has no intention of abandoning, who is a bona fide student qualified to pursue a full course of study and who and inserting a noncitizen who is a bona fide student qualified to pursue a full course of study, who (except for a student qualified to pursue a full course of study at an institution of higher education) has a residence in a foreign country which the noncitizen has no intention of abandoning, and who.", "id": "H22AB5634BD8748DCB92EECB54D443240", "header": "In general", "nested": [], "links": [ { "text": "8 U.S.C. 1101(a)(15)(F)(i)", "legal-doc": "usc", "parsable-cite": "usc/8/1101" } ] }, { "text": "(b) Conforming amendments \nSection 214 of the Immigration and Nationality Act ( 8 U.S.C. 1184 ) is amended— (1) in subsection (b), by striking (other than a nonimmigrant and inserting (other than a nonimmigrant described in section 101(a)(15)(F) if the noncitizen is qualified to pursue a full course of study at an institution of higher education, other than a nonimmigrant ; and (2) in subsection (h), by inserting (F) (if the noncitizen is qualified to pursue a full course of study at an institution of higher education), before H(i)(b).", "id": "HA06D44BC05A949AAA929C7C41A4F60A1", "header": "Conforming amendments", "nested": [], "links": [ { "text": "8 U.S.C. 1184", "legal-doc": "usc", "parsable-cite": "usc/8/1184" } ] } ], "links": [ { "text": "8 U.S.C. 1101(a)(15)(F)(i)", "legal-doc": "usc", "parsable-cite": "usc/8/1101" }, { "text": "8 U.S.C. 1184", "legal-doc": "usc", "parsable-cite": "usc/8/1184" } ] }, { "text": "3409. H–4 visa reform \n(a) Protecting children with H–4 visas who age out of status \n(1) In general \nSection 214(g)(4) of the Immigration and Nationality Act ( 8 U.S.C. 1184(g)(4) ) is amended to read as follows: (4) (A) Except as provided in subparagraphs (B) and (C), the period of authorized admission of a nonimmigrant described in section 101(a)(15)(H)(i)(b) may not exceed 6 years. (B) The Secretary of Homeland Security may grant an extension of nonimmigrant status under section 101(a)(15)(H)(i)(b) to a nonimmigrant until such nonimmigrant’s application for adjustment of status has been processed if such nonimmigrant— (i) is the beneficiary of a petition filed under section 204(a) for a preference status under paragraph (1), (2), or (3) of section 203(b); and (ii) is eligible to be granted such status. (C) A child of a nonimmigrant described in subparagraph (B) who accompanied or followed to join such nonimmigrant may apply for and receive an extension of his or her nonimmigrant status regardless of age, if— (i) the nonimmigrant parent described in subparagraph (B) maintains his or her nonimmigrant status; and (ii) the child was younger than 18 years of age when he or she was first granted nonimmigrant status as a noncitizen accompanying or following to join such nonimmigrant parent.. (2) Conforming amendment \nSection 203(h) of the Immigration and Nationality Act ( 8 U.S.C. 1153(h) ) is amended by adding at the end the following: (5) H–4 visa holders \nNotwithstanding paragraph (1), a determination of whether a nonimmigrant described in section 214(g)(4)(C) satisfies the age requirement for purposes of a derivative visa or adjustment of status application under paragraph (1), (2), or (3) of section 203(b) shall be made using the age of the nonimmigrant on the date on which the petitioner files a petition on behalf of the parent beneficiary with the Secretary of Homeland Security (or the Secretary of State, if applicable), unless the filing of the petition was preceded by the filing of a labor certification with the Secretary of Labor, in which case that date shall be used to identify the age of such nonimmigrant.. (b) Work authorization for H–4 nonimmigrants \nSection 214 of the Immigration and Nationality Act ( 8 U.S.C. 1184 ), as amended by subsection (a)(1), is further amended by adding at the end the following: (s) Work authorization for H–4 nonimmigrants \nThe Secretary of Homeland Security shall authorize a nonimmigrant spouse or child who is accompanying or following to join a nonimmigrant described in section 101(a)(15)(H)(i)(b) to engage in employment in the United States and shall provide such nonimmigrant spouse or child with an employment authorized endorsement or other appropriate work permit..", "id": "H0FCD5FCEBAD04DC6A4ED9A4C4D0E645F", "header": "H–4 visa reform", "nested": [ { "text": "(a) Protecting children with H–4 visas who age out of status \n(1) In general \nSection 214(g)(4) of the Immigration and Nationality Act ( 8 U.S.C. 1184(g)(4) ) is amended to read as follows: (4) (A) Except as provided in subparagraphs (B) and (C), the period of authorized admission of a nonimmigrant described in section 101(a)(15)(H)(i)(b) may not exceed 6 years. (B) The Secretary of Homeland Security may grant an extension of nonimmigrant status under section 101(a)(15)(H)(i)(b) to a nonimmigrant until such nonimmigrant’s application for adjustment of status has been processed if such nonimmigrant— (i) is the beneficiary of a petition filed under section 204(a) for a preference status under paragraph (1), (2), or (3) of section 203(b); and (ii) is eligible to be granted such status. (C) A child of a nonimmigrant described in subparagraph (B) who accompanied or followed to join such nonimmigrant may apply for and receive an extension of his or her nonimmigrant status regardless of age, if— (i) the nonimmigrant parent described in subparagraph (B) maintains his or her nonimmigrant status; and (ii) the child was younger than 18 years of age when he or she was first granted nonimmigrant status as a noncitizen accompanying or following to join such nonimmigrant parent.. (2) Conforming amendment \nSection 203(h) of the Immigration and Nationality Act ( 8 U.S.C. 1153(h) ) is amended by adding at the end the following: (5) H–4 visa holders \nNotwithstanding paragraph (1), a determination of whether a nonimmigrant described in section 214(g)(4)(C) satisfies the age requirement for purposes of a derivative visa or adjustment of status application under paragraph (1), (2), or (3) of section 203(b) shall be made using the age of the nonimmigrant on the date on which the petitioner files a petition on behalf of the parent beneficiary with the Secretary of Homeland Security (or the Secretary of State, if applicable), unless the filing of the petition was preceded by the filing of a labor certification with the Secretary of Labor, in which case that date shall be used to identify the age of such nonimmigrant..", "id": "HAD13FADDF2F24099AF22CC21F624868E", "header": "Protecting children with H–4 visas who age out of status", "nested": [], "links": [ { "text": "8 U.S.C. 1184(g)(4)", "legal-doc": "usc", "parsable-cite": "usc/8/1184" }, { "text": "8 U.S.C. 1153(h)", "legal-doc": "usc", "parsable-cite": "usc/8/1153" } ] }, { "text": "(b) Work authorization for H–4 nonimmigrants \nSection 214 of the Immigration and Nationality Act ( 8 U.S.C. 1184 ), as amended by subsection (a)(1), is further amended by adding at the end the following: (s) Work authorization for H–4 nonimmigrants \nThe Secretary of Homeland Security shall authorize a nonimmigrant spouse or child who is accompanying or following to join a nonimmigrant described in section 101(a)(15)(H)(i)(b) to engage in employment in the United States and shall provide such nonimmigrant spouse or child with an employment authorized endorsement or other appropriate work permit..", "id": "H4068D76A62034773912DDC6CB30291D7", "header": "Work authorization for H–4 nonimmigrants", "nested": [], "links": [ { "text": "8 U.S.C. 1184", "legal-doc": "usc", "parsable-cite": "usc/8/1184" } ] } ], "links": [ { "text": "8 U.S.C. 1184(g)(4)", "legal-doc": "usc", "parsable-cite": "usc/8/1184" }, { "text": "8 U.S.C. 1153(h)", "legal-doc": "usc", "parsable-cite": "usc/8/1153" }, { "text": "8 U.S.C. 1184", "legal-doc": "usc", "parsable-cite": "usc/8/1184" } ] }, { "text": "3410. Extensions related to pending petitions \nSection 214 of the Immigration and Nationality Act ( 8 U.S.C. 1184 ), as amended by sections 1204(b), 3107(b), 3408(b), and 3409, is further amended by adding at the end the following: (t) Extension of status in cases of lengthy adjudications \n(1) Exemption from limitations \nNotwithstanding subsections (c)(2)(D), (g)(4), and (m)(1)(B)(i), the authorized stay of a noncitizen who was previously issued a visa or otherwise provided nonimmigrant status under subparagraph (F), (H)(i)(B), (L), or (O) of section 101(a)(15) may be extended pursuant to paragraph (2) if 365 days or more have elapsed since the filing of— (A) an application for labor certification under section 212(a)(5)(A) if certification is required or used by a noncitizen to obtain status under section 203(b); or (B) a petition described in section 204(b) to obtain immigrant status under section 203(b). (2) Extension of status \nThe Secretary of Homeland Security shall extend the stay of a noncitizen who qualifies for an extension under paragraph (1) in 1-year increments until a final decision is made— (A) to deny the application described in paragraph (1)(A) or, in a case in which such application is granted, to deny a petition described in paragraph (1)(B) filed on behalf of the noncitizen pursuant to such grant; (B) to deny the petition described in paragraph (1)(B); or (C) to grant or deny the noncitizen’s application for an immigrant visa or adjustment of status to that of a noncitizen lawfully admitted for permanent residence. (3) Work authorization \nThe Secretary of Homeland Security shall authorize any noncitizen whose stay is extended under this subsection to engage in employment in the United States and provide such noncitizen with an employment authorized endorsement or other appropriate work permit..", "id": "H3BFFD33129324526995F41284CB7ED40", "header": "Extensions related to pending petitions", "nested": [], "links": [ { "text": "8 U.S.C. 1184", "legal-doc": "usc", "parsable-cite": "usc/8/1184" } ] }, { "text": "3501. Definition of Foundation \nIn this subtitle, the term Foundation means the United States Citizenship and Integration Foundation established under section 3502.", "id": "HDFC76E7E4FBA4B23A973CD1ED944C0EF", "header": "Definition of Foundation", "nested": [], "links": [] }, { "text": "3502. United States Citizenship and Integration Foundation \n(a) Establishment \nThe Secretary, acting through the Director of U.S. Citizenship and Immigration Services, shall establish a nonprofit corporation or a not-for-profit, public benefit, or similar entity, which shall be known as the United States Citizenship and Integration Foundation. (b) Gifts to Foundation \nTo carry out the purposes set forth in subsection (c), the Foundation may— (1) solicit, accept, and make gifts of money and other property in accordance with section 501(c)(3) of the Internal Revenue Code of 1986; (2) engage in coordinated work with the Department of Homeland Security, including U.S. Citizenship and Immigration Services; and (3) accept, hold, administer, invest, and spend any gift, devise, or bequest of real or personal property made to the Foundation. (c) Purposes \nThe purposes of the Foundation are— (1) to spur innovation in the promotion and expansion of citizenship preparation programs for lawful permanent residents; (2) to evaluate and identify best practices in citizenship promotion and preparation and to make recommendations to the Secretary about how to bring such best practices to scale; (3) to support direct assistance for noncitizens seeking lawful permanent resident status or naturalization as a United States citizen; and (4) to coordinate immigrant integration with State and local entities. (d) Activities \nThe Foundation shall carry out the purposes described in subsection (c) by— (1) making United States citizenship instruction and naturalization application services accessible to low-income and other underserved lawful permanent resident populations; (2) developing, identifying, and sharing best practices in United States citizenship promotion and preparation; (3) supporting innovative and creative solutions to barriers faced by noncitizens seeking naturalization; (4) increasing the use of, and access to, technology in United States citizenship preparation programs; (5) engaging communities receiving immigrants in the United States citizenship and civic integration process; (6) fostering public education and awareness; (7) coordinating the immigrant integration efforts of the Foundation with such efforts of U.S. Citizenship and Immigration Services; and (8) awarding grants to State and local governments under section 3503. (e) Council of directors \n(1) Members \nTo the extent consistent with section 501(c)(3) of the Internal Revenue Code of 1986, the Foundation shall have a council of directors (referred to in this section as the Council ), which shall be composed of— (A) the Director of U.S. Citizenship and Immigration Services; and (B) 10 individuals appointed by the Director of U.S. Citizenship and Immigration Services. (2) Qualifications \nIn appointing individuals under paragraph (1)(B), the Director of U.S. Citizenship and Immigration Services shall consider individuals with experience in national private and public nonprofit organizations that promote and assist lawful permanent residents with naturalization. (3) Terms \nA member of the Council described in paragraph (1)(B) shall be appointed for a term of 4 years, except that, of the members first appointed, 5 members shall be appointed for a term of 2 years, which may be followed by renewable 4-year terms. (f) Executive director \n(1) In general \nThe Council shall, by majority vote, appoint for 6-year renewable terms an executive director of the Foundation, who shall oversee the day-to-day operations of the Foundation. (2) Responsibilities \nThe executive director shall carry out the purposes described in subsection (c) on behalf of the Foundation by— (A) accepting, holding, administering, investing, and spending any gift, devise, or bequest of real or personal property made to the Foundation; (B) entering into contracts and other financial assistance agreements with individuals, public or private organizations, professional societies, and government agencies to carry out the purposes of the Foundation; (C) entering into such other contracts, leases, cooperative agreements, and other transactions as the executive director considers appropriate to carry out the activities of the Foundation; and (D) charging such fees for professional services furnished by the Foundation as the executive director considers reasonable and appropriate. (g) Timeline \nThe Foundation shall be established and operational not later than 1 year after the date of the enactment of this Act.", "id": "HEB0B4E6237CC4599A1CC54B83851166C", "header": "United States Citizenship and Integration Foundation", "nested": [ { "text": "(a) Establishment \nThe Secretary, acting through the Director of U.S. Citizenship and Immigration Services, shall establish a nonprofit corporation or a not-for-profit, public benefit, or similar entity, which shall be known as the United States Citizenship and Integration Foundation.", "id": "HD49A64FA881948A08ACC5A417C9D4558", "header": "Establishment", "nested": [], "links": [] }, { "text": "(b) Gifts to Foundation \nTo carry out the purposes set forth in subsection (c), the Foundation may— (1) solicit, accept, and make gifts of money and other property in accordance with section 501(c)(3) of the Internal Revenue Code of 1986; (2) engage in coordinated work with the Department of Homeland Security, including U.S. Citizenship and Immigration Services; and (3) accept, hold, administer, invest, and spend any gift, devise, or bequest of real or personal property made to the Foundation.", "id": "H685600AD12424D4188C8F94C097E28F0", "header": "Gifts to Foundation", "nested": [], "links": [ { "text": "section 501(c)(3)", "legal-doc": "usc", "parsable-cite": "usc/26/501" } ] }, { "text": "(c) Purposes \nThe purposes of the Foundation are— (1) to spur innovation in the promotion and expansion of citizenship preparation programs for lawful permanent residents; (2) to evaluate and identify best practices in citizenship promotion and preparation and to make recommendations to the Secretary about how to bring such best practices to scale; (3) to support direct assistance for noncitizens seeking lawful permanent resident status or naturalization as a United States citizen; and (4) to coordinate immigrant integration with State and local entities.", "id": "H15A488379AD243A2ADBAE1DEF995F587", "header": "Purposes", "nested": [], "links": [] }, { "text": "(d) Activities \nThe Foundation shall carry out the purposes described in subsection (c) by— (1) making United States citizenship instruction and naturalization application services accessible to low-income and other underserved lawful permanent resident populations; (2) developing, identifying, and sharing best practices in United States citizenship promotion and preparation; (3) supporting innovative and creative solutions to barriers faced by noncitizens seeking naturalization; (4) increasing the use of, and access to, technology in United States citizenship preparation programs; (5) engaging communities receiving immigrants in the United States citizenship and civic integration process; (6) fostering public education and awareness; (7) coordinating the immigrant integration efforts of the Foundation with such efforts of U.S. Citizenship and Immigration Services; and (8) awarding grants to State and local governments under section 3503.", "id": "H7CD1A3D395CC40D2870DCC402F0230E6", "header": "Activities", "nested": [], "links": [] }, { "text": "(e) Council of directors \n(1) Members \nTo the extent consistent with section 501(c)(3) of the Internal Revenue Code of 1986, the Foundation shall have a council of directors (referred to in this section as the Council ), which shall be composed of— (A) the Director of U.S. Citizenship and Immigration Services; and (B) 10 individuals appointed by the Director of U.S. Citizenship and Immigration Services. (2) Qualifications \nIn appointing individuals under paragraph (1)(B), the Director of U.S. Citizenship and Immigration Services shall consider individuals with experience in national private and public nonprofit organizations that promote and assist lawful permanent residents with naturalization. (3) Terms \nA member of the Council described in paragraph (1)(B) shall be appointed for a term of 4 years, except that, of the members first appointed, 5 members shall be appointed for a term of 2 years, which may be followed by renewable 4-year terms.", "id": "HE474E9AF655D45C793BFCC26E8571772", "header": "Council of directors", "nested": [], "links": [ { "text": "section 501(c)(3)", "legal-doc": "usc", "parsable-cite": "usc/26/501" } ] }, { "text": "(f) Executive director \n(1) In general \nThe Council shall, by majority vote, appoint for 6-year renewable terms an executive director of the Foundation, who shall oversee the day-to-day operations of the Foundation. (2) Responsibilities \nThe executive director shall carry out the purposes described in subsection (c) on behalf of the Foundation by— (A) accepting, holding, administering, investing, and spending any gift, devise, or bequest of real or personal property made to the Foundation; (B) entering into contracts and other financial assistance agreements with individuals, public or private organizations, professional societies, and government agencies to carry out the purposes of the Foundation; (C) entering into such other contracts, leases, cooperative agreements, and other transactions as the executive director considers appropriate to carry out the activities of the Foundation; and (D) charging such fees for professional services furnished by the Foundation as the executive director considers reasonable and appropriate.", "id": "H6AFD054CC1B44202B64E1BCD43AFC438", "header": "Executive director", "nested": [], "links": [] }, { "text": "(g) Timeline \nThe Foundation shall be established and operational not later than 1 year after the date of the enactment of this Act.", "id": "HF63CD4279686462491FBDC6B4083B0E3", "header": "Timeline", "nested": [], "links": [] } ], "links": [ { "text": "section 501(c)(3)", "legal-doc": "usc", "parsable-cite": "usc/26/501" }, { "text": "section 501(c)(3)", "legal-doc": "usc", "parsable-cite": "usc/26/501" } ] }, { "text": "3503. Pilot program to promote immigrant integration at State and local levels \n(a) Grants authorized \nThe Chief of the Office of Citizenship of U.S. Citizenship and Immigration Services (referred to in this section as the Chief ) shall establish a pilot program through which the Chief may award grants, on a competitive basis, to States and local governments and other qualifying entities in collaboration with States and local governments— (1) to establish new immigrant councils to carry out programs to integrate new immigrants; and (2) to carry out programs to integrate new immigrants. (b) Qualifying entities \nQualifying entities under this section may include— (1) an educational institution; (2) a private organization; (3) a community-based organization; or (4) a nonprofit organization. (c) Application \nA State or local government, or other qualifying entity in collaboration with a State or local government, seeking a grant under this section shall submit an application to the Chief at such time, in such manner, and containing such information as the Chief may reasonably require, including— (1) a proposal to carry out 1 or more activities described in subsection (d)(3); (2) the estimated number of new immigrants residing in the geographic area of the applicant; and (3) a description of the challenges in introducing and integrating new immigrants into the State or local community. (d) Activities \nA grant awarded under this subsection shall be used— (1) to form a new immigrant council, which shall— (A) consist of not fewer than 15 individuals and not more than 19 representatives of the State or local government or qualifying organization, as applicable; (B) include, to the extent practicable, representatives from— (i) business; (ii) faith-based organizations; (iii) civic organizations; (iv) philanthropic organizations; (v) nonprofit organizations, including nonprofit organizations with legal and advocacy experience working with immigrant communities; (vi) key education stakeholders, such as State educational agencies, local educational agencies (as defined in section 8101 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7801 )), community colleges, and teachers; (vii) State adult education offices; (viii) State or local public libraries; and (ix) State or local governments; and (C) meet not less frequently than quarterly; (2) to provide subgrants to local communities, city governments, municipalities, nonprofit organizations (including veterans’ and patriotic organizations), or other qualifying entities; (3) to develop, implement, expand, or enhance a comprehensive plan to introduce and integrate new immigrants into the applicable State by— (A) improving English language skills; (B) engaging caretakers with limited English proficiency in their child’s education through interactive parent and child literacy activities; (C) improving and expanding access to workforce training programs; (D) teaching United States history, civics education, and citizenship rights and responsibilities; (E) promoting an understanding of the form of government and history of the United States and the principles of the Constitution of the United States; (F) improving financial literacy; and (G) focusing on other key areas of importance to integration in United States society; and (4) to engage communities receiving immigrants in the citizenship and civic integration process by— (A) increasing local service capacity; (B) building meaningful connections between new immigrants and long-time residents; (C) communicating the contributions of communities receiving new immigrants; and (D) engaging leaders from all sectors of the community. (e) Reporting and evaluation \n(1) Annual report \nNot less frequently than annually, each recipient of a grant under this section shall submit to the Chief a report that describes, for the preceding calendar year— (A) the activities undertaken by the grant recipient, including the manner in which such activities meet the goals of the Foundation and the comprehensive plan referred to in subsection (d)(3); (B) the geographic area being served; (C) the estimated number of immigrants in such area; and (D) the primary languages spoken in such area. (2) Annual evaluation \nNot less frequently than annually, the Chief shall conduct an evaluation of the grant program under this section— (A) to assess and improve the effectiveness of the grant program; (B) to assess the future needs of immigrants and of State and local governments with respect to immigrants; and (C) to ensure that grantees, recipients, and subgrantees are acting within the scope and purpose of this section.", "id": "H97A5B4DFF6684A9286C6A41AF8E477FE", "header": "Pilot program to promote immigrant integration at State and local levels", "nested": [ { "text": "(a) Grants authorized \nThe Chief of the Office of Citizenship of U.S. Citizenship and Immigration Services (referred to in this section as the Chief ) shall establish a pilot program through which the Chief may award grants, on a competitive basis, to States and local governments and other qualifying entities in collaboration with States and local governments— (1) to establish new immigrant councils to carry out programs to integrate new immigrants; and (2) to carry out programs to integrate new immigrants.", "id": "HF14A1BC5A61E42F6ADC01F12955F2BA8", "header": "Grants authorized", "nested": [], "links": [] }, { "text": "(b) Qualifying entities \nQualifying entities under this section may include— (1) an educational institution; (2) a private organization; (3) a community-based organization; or (4) a nonprofit organization.", "id": "H7154D9F06CE04E4A9E2AFB87821C4D1A", "header": "Qualifying entities", "nested": [], "links": [] }, { "text": "(c) Application \nA State or local government, or other qualifying entity in collaboration with a State or local government, seeking a grant under this section shall submit an application to the Chief at such time, in such manner, and containing such information as the Chief may reasonably require, including— (1) a proposal to carry out 1 or more activities described in subsection (d)(3); (2) the estimated number of new immigrants residing in the geographic area of the applicant; and (3) a description of the challenges in introducing and integrating new immigrants into the State or local community.", "id": "H6C73FC7C874747DEB3325EB919AF49CB", "header": "Application", "nested": [], "links": [] }, { "text": "(d) Activities \nA grant awarded under this subsection shall be used— (1) to form a new immigrant council, which shall— (A) consist of not fewer than 15 individuals and not more than 19 representatives of the State or local government or qualifying organization, as applicable; (B) include, to the extent practicable, representatives from— (i) business; (ii) faith-based organizations; (iii) civic organizations; (iv) philanthropic organizations; (v) nonprofit organizations, including nonprofit organizations with legal and advocacy experience working with immigrant communities; (vi) key education stakeholders, such as State educational agencies, local educational agencies (as defined in section 8101 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7801 )), community colleges, and teachers; (vii) State adult education offices; (viii) State or local public libraries; and (ix) State or local governments; and (C) meet not less frequently than quarterly; (2) to provide subgrants to local communities, city governments, municipalities, nonprofit organizations (including veterans’ and patriotic organizations), or other qualifying entities; (3) to develop, implement, expand, or enhance a comprehensive plan to introduce and integrate new immigrants into the applicable State by— (A) improving English language skills; (B) engaging caretakers with limited English proficiency in their child’s education through interactive parent and child literacy activities; (C) improving and expanding access to workforce training programs; (D) teaching United States history, civics education, and citizenship rights and responsibilities; (E) promoting an understanding of the form of government and history of the United States and the principles of the Constitution of the United States; (F) improving financial literacy; and (G) focusing on other key areas of importance to integration in United States society; and (4) to engage communities receiving immigrants in the citizenship and civic integration process by— (A) increasing local service capacity; (B) building meaningful connections between new immigrants and long-time residents; (C) communicating the contributions of communities receiving new immigrants; and (D) engaging leaders from all sectors of the community.", "id": "H6C1204AD2BD04EE08CDFBD3E69354714", "header": "Activities", "nested": [], "links": [ { "text": "20 U.S.C. 7801", "legal-doc": "usc", "parsable-cite": "usc/20/7801" } ] }, { "text": "(e) Reporting and evaluation \n(1) Annual report \nNot less frequently than annually, each recipient of a grant under this section shall submit to the Chief a report that describes, for the preceding calendar year— (A) the activities undertaken by the grant recipient, including the manner in which such activities meet the goals of the Foundation and the comprehensive plan referred to in subsection (d)(3); (B) the geographic area being served; (C) the estimated number of immigrants in such area; and (D) the primary languages spoken in such area. (2) Annual evaluation \nNot less frequently than annually, the Chief shall conduct an evaluation of the grant program under this section— (A) to assess and improve the effectiveness of the grant program; (B) to assess the future needs of immigrants and of State and local governments with respect to immigrants; and (C) to ensure that grantees, recipients, and subgrantees are acting within the scope and purpose of this section.", "id": "H9E021A2A43834DD8B3B650816932E46C", "header": "Reporting and evaluation", "nested": [], "links": [] } ], "links": [ { "text": "20 U.S.C. 7801", "legal-doc": "usc", "parsable-cite": "usc/20/7801" } ] }, { "text": "3504. English as a Gateway to Integration grant program \n(a) Authorization \nThe Assistant Secretary for Career, Technical, and Adult Education in the Department of Education (referred to in this section as the Assistant Secretary ) shall award English as a Gateway to Integration grants to eligible entities. (b) Eligibility \nAn entity eligible to receive a grant under this section is a State or unit of local government, a private organization, an educational institution, a community-based organization, or a nonprofit organization that— (1) in the case of any applicant that has previously received a grant under this section, uses matching funds from non-Federal sources, which may include in-kind contributions, equal to 25 percent of the amount received from the English as a Gateway to Integration program to carry out such program; (2) submits to the Assistant Secretary an application at such time, in such manner, and containing such information as the Assistant Secretary may reasonably require, including— (A) a description of the target population to be served, including demographics, literacy levels, and English language levels of the target population; and (B) the assessment and performance measures that the grant recipient plans to use to evaluate the English language learning progress of students and overall success of the instruction and program; (3) demonstrates collaboration with public and private entities to provide the instruction and assistance described in subsection (c)(1); (4) provides English language programs that— (A) teach English language skills to limited English proficient (LEP) individuals who— (i) have less than a United States high school diploma; or (ii) are parents who are caretakers of young children; (B) support and promote the social, economic, and civic integration of adult English language learners and their families; (C) equip adult English language learners for ongoing, independent study and learning beyond the classroom or formal instruction; and (D) incorporate the use of technology to help students develop digital literacy skills; and (5) is located in— (A) 1 of the 10 States with the highest rate of foreign-born residents; or (B) a State that has experienced a large increase in the population of immigrants during the most recent 10-year period, based on data compiled by the Office of Immigration Statistics or the Census Bureau. (c) Use of funds \n(1) In general \nFunds awarded under this section shall be used to provide English language instruction to adult English language learners. Such instruction shall advance the integration of students to help them— (A) build their knowledge of United States history and civics; (B) prepare for United States citizenship and the naturalization process; (C) gain digital literacy; (D) understand and navigate the early childhood, K–12, and postsecondary education systems; (E) gain financial literacy; (F) build an understanding of the housing market and systems in the United States; (G) learn about and access the United States, State, and local health care systems; (H) prepare for a high school equivalency diploma or postsecondary training or education; and (I) prepare for and secure employment. (2) Design of program \nFunds awarded under this section shall be used to support an instructional program that may include the following elements: (A) English language instruction in a classroom setting, provided that such setting is in a geographic location accessible to the population served. (B) Online English language instruction and distance learning platforms. (C) Educational support and specialized instruction for English language learners with low levels of literacy in their first language. (D) Other online and digital components, including the use of mobile phones. (d) Certification \nTo receive a payment under this section, a participating entity shall submit to the Assistant Secretary a certification that the proposed uses of grant funds by the entity are consistent with this section and meet all necessary criteria determined by the Assistant Secretary. (e) Annual report and evaluation \nNot later than 90 days after the end of each fiscal year for which an entity receives grant funds under this section, the entity shall submit to the Assistant Secretary the following: (1) A report that describes— (A) the activities undertaken by the entity that were funded entirely or partially by the grant funds; (B) the geographic area served by the grant funds; (C) the number of immigrants in such area; (D) the primary languages spoken in such area; (E) the number of adult English language learners receiving assistance that was funded entirely or partially by grant funds received by the entity; and (F) a breakdown of the costs of the instruction services provided and the average per capita cost of providing such instruction. (2) An evaluation of any program of the entity using grant funds under this section, including— (A) an assessment of— (i) the effectiveness of such program and recommendations for improving the program; and (ii) whether the English language instruction needs of the geographic area served have been met; and (B) in the case of an assessment under subparagraph (A)(ii) that such needs have not been met, a description of the additional assistance required to meet such needs. (f) Definitions \nIn this section: (1) Adult English language learner \nThe term adult English language learner refers to an individual age 16 years and older who is not enrolled in secondary school and who is limited English proficient. (2) English language learner; limited English proficient \nThe terms English language learner and limited English proficient describe an individual who does not speak English as their primary language and who has a limited ability to read, speak, write, or understand English. (3) State \nThe term State means each of the several States, the District of Columbia, the Commonwealth of Puerto Rico, the United States Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands. (g) Authorization of appropriations \nThere is authorized to be appropriated to carry out this section $100,000,000 for fiscal years 2024 through 2025.", "id": "H28F8868E0432432789E63D4679759B7F", "header": "English as a Gateway to Integration grant program", "nested": [ { "text": "(a) Authorization \nThe Assistant Secretary for Career, Technical, and Adult Education in the Department of Education (referred to in this section as the Assistant Secretary ) shall award English as a Gateway to Integration grants to eligible entities.", "id": "H1DF5D648D3EF48248F387870CB81D383", "header": "Authorization", "nested": [], "links": [] }, { "text": "(b) Eligibility \nAn entity eligible to receive a grant under this section is a State or unit of local government, a private organization, an educational institution, a community-based organization, or a nonprofit organization that— (1) in the case of any applicant that has previously received a grant under this section, uses matching funds from non-Federal sources, which may include in-kind contributions, equal to 25 percent of the amount received from the English as a Gateway to Integration program to carry out such program; (2) submits to the Assistant Secretary an application at such time, in such manner, and containing such information as the Assistant Secretary may reasonably require, including— (A) a description of the target population to be served, including demographics, literacy levels, and English language levels of the target population; and (B) the assessment and performance measures that the grant recipient plans to use to evaluate the English language learning progress of students and overall success of the instruction and program; (3) demonstrates collaboration with public and private entities to provide the instruction and assistance described in subsection (c)(1); (4) provides English language programs that— (A) teach English language skills to limited English proficient (LEP) individuals who— (i) have less than a United States high school diploma; or (ii) are parents who are caretakers of young children; (B) support and promote the social, economic, and civic integration of adult English language learners and their families; (C) equip adult English language learners for ongoing, independent study and learning beyond the classroom or formal instruction; and (D) incorporate the use of technology to help students develop digital literacy skills; and (5) is located in— (A) 1 of the 10 States with the highest rate of foreign-born residents; or (B) a State that has experienced a large increase in the population of immigrants during the most recent 10-year period, based on data compiled by the Office of Immigration Statistics or the Census Bureau.", "id": "H1FA026D95FFB43ACA40D4A5D42B11394", "header": "Eligibility", "nested": [], "links": [] }, { "text": "(c) Use of funds \n(1) In general \nFunds awarded under this section shall be used to provide English language instruction to adult English language learners. Such instruction shall advance the integration of students to help them— (A) build their knowledge of United States history and civics; (B) prepare for United States citizenship and the naturalization process; (C) gain digital literacy; (D) understand and navigate the early childhood, K–12, and postsecondary education systems; (E) gain financial literacy; (F) build an understanding of the housing market and systems in the United States; (G) learn about and access the United States, State, and local health care systems; (H) prepare for a high school equivalency diploma or postsecondary training or education; and (I) prepare for and secure employment. (2) Design of program \nFunds awarded under this section shall be used to support an instructional program that may include the following elements: (A) English language instruction in a classroom setting, provided that such setting is in a geographic location accessible to the population served. (B) Online English language instruction and distance learning platforms. (C) Educational support and specialized instruction for English language learners with low levels of literacy in their first language. (D) Other online and digital components, including the use of mobile phones.", "id": "H405DB05E5EF144BB910E147EB1FFFB5D", "header": "Use of funds", "nested": [], "links": [] }, { "text": "(d) Certification \nTo receive a payment under this section, a participating entity shall submit to the Assistant Secretary a certification that the proposed uses of grant funds by the entity are consistent with this section and meet all necessary criteria determined by the Assistant Secretary.", "id": "HB74C5907A14A4781A6733F2AB75E9777", "header": "Certification", "nested": [], "links": [] }, { "text": "(e) Annual report and evaluation \nNot later than 90 days after the end of each fiscal year for which an entity receives grant funds under this section, the entity shall submit to the Assistant Secretary the following: (1) A report that describes— (A) the activities undertaken by the entity that were funded entirely or partially by the grant funds; (B) the geographic area served by the grant funds; (C) the number of immigrants in such area; (D) the primary languages spoken in such area; (E) the number of adult English language learners receiving assistance that was funded entirely or partially by grant funds received by the entity; and (F) a breakdown of the costs of the instruction services provided and the average per capita cost of providing such instruction. (2) An evaluation of any program of the entity using grant funds under this section, including— (A) an assessment of— (i) the effectiveness of such program and recommendations for improving the program; and (ii) whether the English language instruction needs of the geographic area served have been met; and (B) in the case of an assessment under subparagraph (A)(ii) that such needs have not been met, a description of the additional assistance required to meet such needs.", "id": "HA069950C0FB545F4AF9FC83624903DD7", "header": "Annual report and evaluation", "nested": [], "links": [] }, { "text": "(f) Definitions \nIn this section: (1) Adult English language learner \nThe term adult English language learner refers to an individual age 16 years and older who is not enrolled in secondary school and who is limited English proficient. (2) English language learner; limited English proficient \nThe terms English language learner and limited English proficient describe an individual who does not speak English as their primary language and who has a limited ability to read, speak, write, or understand English. (3) State \nThe term State means each of the several States, the District of Columbia, the Commonwealth of Puerto Rico, the United States Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands.", "id": "H2C736CBC8C874226807EA725E6D12C4D", "header": "Definitions", "nested": [], "links": [] }, { "text": "(g) Authorization of appropriations \nThere is authorized to be appropriated to carry out this section $100,000,000 for fiscal years 2024 through 2025.", "id": "HF1596E4AF488453D8112D969FA69C854", "header": "Authorization of appropriations", "nested": [], "links": [] } ], "links": [] }, { "text": "3505. Workforce Development and Shared Prosperity grant program \n(a) Declaration of policy \nIt is the policy of the United States— (1) that adults have adequate and equitable access to education and workforce programs that— (A) help them learn basic skills in reading, writing, mathematics, and the English language; and (B) equip them with occupational skills needed to secure or advance in employment, fill employer needs, and support themselves and their families; (2) that helping adults with limited skills to attain industry-recognized postsecondary credentials strengthens the economy; and (3) that workforce programs for adults with limited skills should incorporate an integrated education and training approach that allows adults to acquire basic skills while pursuing occupational or industry-specific training. (b) Authorization \nThe Assistant Secretary for Career, Technical, and Adult Education at the Department of Education (referred to in this section as the Assistant Secretary ) shall award Workforce Development and Shared Prosperity grants, on a competitive basis, to States or local governments, or other qualifying entities described in subsection (c) in collaboration with States and local governments. (c) Qualifying entities \nQualifying entities under this section may include— (1) an educational institution; (2) a private organization; (3) a community-based organization; or (4) a nonprofit organization. (d) Eligibility \nA State or local government, or a qualifying entity in collaboration with a State or local government, is eligible to receive a grant under this section provided that the State or local government or entity— (1) supports and promotes the economic integration of immigrants and refugees and their families; (2) has expertise in workforce development and adult education for the purpose of developing and implementing State or local programs of integrated education and training; (3) in carrying out the grant program, has, or collaborates with at least 1 entity that has— (A) expertise in workforce development for immigrants and refugees; and (B) expertise in adult education of immigrants and refugees; (4) uses matching funds from non-Federal sources, which may include in-kind contributions, equal to 25 percent of the amount received from the Workforce Development and Shared Prosperity grant program; and (5) submits to the Assistant Secretary an application at such time, in such manner, and containing such information as the Assistant Secretary may reasonably require, including— (A) a description of the target population to be served, including demographics, English language levels, educational levels, and skill levels; (B) the specific integrated education and training instructional model to be implemented; (C) how the program will be designed and implemented by educators with expertise in adult education, English language instruction, and occupational skills training; (D) how the program will prepare students to receive a high school equivalency credential; (E) how the program will prepare students to receive a postsecondary credential; (F) the occupations or industries for which the program will prepare students for employment; (G) evidence of employer demand for the skills or occupational training offered by the grant program; (H) the extent to which the program reduces the time required for students to acquire English and workforce skills; (I) how the program will increase digital literacy skills; (J) how the program will provide student support services, including guidance counseling, so as to promote student success; and (K) the assessment and performance measures that the grant recipient plans to use to evaluate— (i) the progress of adult learners in acquiring basic skills such as reading, writing, mathematics, and the English language; and (ii) the success of the grant program in preparing students for employment and in helping them find employment or advance in employment. (e) Certification \nTo receive a payment under this section, a participating entity shall submit to the Assistant Secretary a certification that the proposed uses of grant funds by the entity are consistent with this section and meet all necessary criteria determined by the Assistant Secretary. (f) Technical assistance \nThe Assistant Secretary shall provide technical assistance to adult education providers on how to provide integrated education and training. (g) Annual report and evaluation \nNot later than 90 days after the end of each fiscal year for which an entity receives grant funds under this section, the entity shall submit to the Assistant Secretary the following: (1) A report that describes— (A) the activities undertaken by the entity that were funded entirely or partially by the grant funds; (B) the geographic area served by the grant funds; (C) the number of immigrants in such area; (D) the primary languages spoken in such area; and (E) a breakdown of the costs of each of the services provided and the average per capita cost of providing such services. (2) An evaluation of any program of the entity using grant funds under this section, including— (A) an assessment of— (i) the effectiveness of such program and recommendations for improving the program; and (ii) whether the adult education and workforce development needs of the geographic area served have been met; and (B) in the case of an assessment under subparagraph (A)(ii) that such needs have not been met, a description of the additional assistance required to meet such needs. (h) Definitions \nIn this section: (1) Adult education \nThe term adult education means academic instruction and education services below the postsecondary level that increase an individual’s ability to read, write, speak, and understand English and perform mathematical or other activities necessary to attain a secondary school diploma or its recognized equivalent, to transition to postsecondary education and training, or to obtain employment. (2) Integrated education and training \nThe term integrated education and training means instruction that provides adult education, literacy, and English language activities concurrently and contextually with workforce preparation activities and workforce training for a specific occupation or occupational cluster for the purpose of educational and career advancement. (3) State \nThe term State means each of the several States, the District of Columbia, the Commonwealth of Puerto Rico, the United States Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands. (i) Authorization of appropriations \nThere is authorized to be appropriated to carry out this section $100,000,000 for fiscal years 2024 through 2025.", "id": "H6BC6FFEF9A4945928AAC3B3E85AB3185", "header": "Workforce Development and Shared Prosperity grant program", "nested": [ { "text": "(a) Declaration of policy \nIt is the policy of the United States— (1) that adults have adequate and equitable access to education and workforce programs that— (A) help them learn basic skills in reading, writing, mathematics, and the English language; and (B) equip them with occupational skills needed to secure or advance in employment, fill employer needs, and support themselves and their families; (2) that helping adults with limited skills to attain industry-recognized postsecondary credentials strengthens the economy; and (3) that workforce programs for adults with limited skills should incorporate an integrated education and training approach that allows adults to acquire basic skills while pursuing occupational or industry-specific training.", "id": "H7DDF7C5260AA45EB83EDA3AB9A7A8437", "header": "Declaration of policy", "nested": [], "links": [] }, { "text": "(b) Authorization \nThe Assistant Secretary for Career, Technical, and Adult Education at the Department of Education (referred to in this section as the Assistant Secretary ) shall award Workforce Development and Shared Prosperity grants, on a competitive basis, to States or local governments, or other qualifying entities described in subsection (c) in collaboration with States and local governments.", "id": "HD05201826B4240888B65FD3E645AC8A8", "header": "Authorization", "nested": [], "links": [] }, { "text": "(c) Qualifying entities \nQualifying entities under this section may include— (1) an educational institution; (2) a private organization; (3) a community-based organization; or (4) a nonprofit organization.", "id": "H4B9F754985DB47F388838E5EB498EB4B", "header": "Qualifying entities", "nested": [], "links": [] }, { "text": "(d) Eligibility \nA State or local government, or a qualifying entity in collaboration with a State or local government, is eligible to receive a grant under this section provided that the State or local government or entity— (1) supports and promotes the economic integration of immigrants and refugees and their families; (2) has expertise in workforce development and adult education for the purpose of developing and implementing State or local programs of integrated education and training; (3) in carrying out the grant program, has, or collaborates with at least 1 entity that has— (A) expertise in workforce development for immigrants and refugees; and (B) expertise in adult education of immigrants and refugees; (4) uses matching funds from non-Federal sources, which may include in-kind contributions, equal to 25 percent of the amount received from the Workforce Development and Shared Prosperity grant program; and (5) submits to the Assistant Secretary an application at such time, in such manner, and containing such information as the Assistant Secretary may reasonably require, including— (A) a description of the target population to be served, including demographics, English language levels, educational levels, and skill levels; (B) the specific integrated education and training instructional model to be implemented; (C) how the program will be designed and implemented by educators with expertise in adult education, English language instruction, and occupational skills training; (D) how the program will prepare students to receive a high school equivalency credential; (E) how the program will prepare students to receive a postsecondary credential; (F) the occupations or industries for which the program will prepare students for employment; (G) evidence of employer demand for the skills or occupational training offered by the grant program; (H) the extent to which the program reduces the time required for students to acquire English and workforce skills; (I) how the program will increase digital literacy skills; (J) how the program will provide student support services, including guidance counseling, so as to promote student success; and (K) the assessment and performance measures that the grant recipient plans to use to evaluate— (i) the progress of adult learners in acquiring basic skills such as reading, writing, mathematics, and the English language; and (ii) the success of the grant program in preparing students for employment and in helping them find employment or advance in employment.", "id": "H1809B851F76546B49FB22AF7242C48D2", "header": "Eligibility", "nested": [], "links": [] }, { "text": "(e) Certification \nTo receive a payment under this section, a participating entity shall submit to the Assistant Secretary a certification that the proposed uses of grant funds by the entity are consistent with this section and meet all necessary criteria determined by the Assistant Secretary.", "id": "HDDC7B57F9C084BFCADD6F9662E15C572", "header": "Certification", "nested": [], "links": [] }, { "text": "(f) Technical assistance \nThe Assistant Secretary shall provide technical assistance to adult education providers on how to provide integrated education and training.", "id": "H051CCB7E387844199EA1DD6DD38B9006", "header": "Technical assistance", "nested": [], "links": [] }, { "text": "(g) Annual report and evaluation \nNot later than 90 days after the end of each fiscal year for which an entity receives grant funds under this section, the entity shall submit to the Assistant Secretary the following: (1) A report that describes— (A) the activities undertaken by the entity that were funded entirely or partially by the grant funds; (B) the geographic area served by the grant funds; (C) the number of immigrants in such area; (D) the primary languages spoken in such area; and (E) a breakdown of the costs of each of the services provided and the average per capita cost of providing such services. (2) An evaluation of any program of the entity using grant funds under this section, including— (A) an assessment of— (i) the effectiveness of such program and recommendations for improving the program; and (ii) whether the adult education and workforce development needs of the geographic area served have been met; and (B) in the case of an assessment under subparagraph (A)(ii) that such needs have not been met, a description of the additional assistance required to meet such needs.", "id": "H912418E85C2E438EA2FDDE283E6A2957", "header": "Annual report and evaluation", "nested": [], "links": [] }, { "text": "(h) Definitions \nIn this section: (1) Adult education \nThe term adult education means academic instruction and education services below the postsecondary level that increase an individual’s ability to read, write, speak, and understand English and perform mathematical or other activities necessary to attain a secondary school diploma or its recognized equivalent, to transition to postsecondary education and training, or to obtain employment. (2) Integrated education and training \nThe term integrated education and training means instruction that provides adult education, literacy, and English language activities concurrently and contextually with workforce preparation activities and workforce training for a specific occupation or occupational cluster for the purpose of educational and career advancement. (3) State \nThe term State means each of the several States, the District of Columbia, the Commonwealth of Puerto Rico, the United States Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands.", "id": "HC239366DEFC04F3A850774D77D2D6943", "header": "Definitions", "nested": [], "links": [] }, { "text": "(i) Authorization of appropriations \nThere is authorized to be appropriated to carry out this section $100,000,000 for fiscal years 2024 through 2025.", "id": "H72158AC11223424080FF96D29A9AF449", "header": "Authorization of appropriations", "nested": [], "links": [] } ], "links": [] }, { "text": "3506. Existing citizenship education grants \n(a) In general \nThere is authorized to be appropriated to the Secretary not less than $25,000,000 for the purpose of awarding grants to public or private nonprofit entities for citizenship education and training (as described in number 97.010 of the Catalog of Federal Domestic Assistance), to remain available until expended. (b) Consideration of grant recipients \nWith respect to grants administered and awarded to public or private nonprofit organizations by the Secretary, unless otherwise required by law, in making determinations about such grants, the Secretary may not consider an entity's enrollment in or use of the E-Verify Program described in section 403(a) of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 ( 8 U.S.C. 1324a note).", "id": "H978379011A6F401C956E0C89B8AB5243", "header": "Existing citizenship education grants", "nested": [ { "text": "(a) In general \nThere is authorized to be appropriated to the Secretary not less than $25,000,000 for the purpose of awarding grants to public or private nonprofit entities for citizenship education and training (as described in number 97.010 of the Catalog of Federal Domestic Assistance), to remain available until expended.", "id": "H5A447F5080EC45E2A7B257ED0A772861", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Consideration of grant recipients \nWith respect to grants administered and awarded to public or private nonprofit organizations by the Secretary, unless otherwise required by law, in making determinations about such grants, the Secretary may not consider an entity's enrollment in or use of the E-Verify Program described in section 403(a) of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 ( 8 U.S.C. 1324a note).", "id": "HC6BAD64D60D84BF5AD32BE91EE54C07D", "header": "Consideration of grant recipients", "nested": [], "links": [ { "text": "8 U.S.C. 1324a", "legal-doc": "usc", "parsable-cite": "usc/8/1324a" } ] } ], "links": [ { "text": "8 U.S.C. 1324a", "legal-doc": "usc", "parsable-cite": "usc/8/1324a" } ] }, { "text": "3507. Grant program to assist eligible applicants \n(a) Establishment \nThe Secretary shall establish, within U.S. Citizenship and Immigration Services, a program to award grants, on a competitive basis, to eligible nonprofit organizations to carry out a program described in subsection (c) for the purpose of assisting applicants for status under sections 245B, 245C, 245D, 245E, and 245F of the Immigration and Nationality Act. (b) Eligible nonprofit organization \nA nonprofit organization eligible to receive a grant under this section is a nonprofit tax-exempt organization, including a community, faith-based, or other immigrant-serving organization, the staff of which has demonstrated qualifications, experience, and expertise in providing quality services to immigrants, refugees, noncitizens granted asylum, or noncitizens applying for such statuses. (c) Use of funds \nGrant funds awarded under this section may be used for the design and implementation of programs that provide— (1) information to the public relating to eligibility for and benefits of lawful prospective immigrant status under section 245B of the Immigration and Nationality Act, particularly to individuals who may be eligible for such status; (2) assistance, within the scope of authorized practice of immigration law, to individuals in submitting applications for lawful prospective immigrant status, including— (A) screening prospective applicants to assess eligibility for such status; (B) completing applications and petitions, including providing assistance in obtaining the requisite documents and supporting evidence; (C) applying for any waivers for which applicants and qualifying family members may be eligible; and (D) providing any other assistance that the Secretary or grantees consider useful or necessary in applying for lawful prospective immigrant status; (3) assistance, within the scope of authorized practice of immigration law, to individuals seeking to adjust their status to that of a lawful permanent resident under section 245C, 245D, 245E, or 245F of the Immigration and Nationality Act; (4) instruction to individuals with respect to— (A) the rights and responsibilities of United States citizenship; and (B) civics and civics-based English as a second language; and (5) assistance, within the scope of authorized practice of immigration law, to individuals seeking to apply for United States citizenship. (d) Source of grant funds \nTo carry out this section, the Secretary may use not more than $50,000,000 from the Immigration Examinations Fee Account pursuant to section 286(m) of the Immigration and Nationality Act (U.S.C. 1356(m)). (e) Availability of appropriations \nAny amounts appropriated to carry out this section shall remain available until expended.", "id": "HFF68853F1E144EA2943AB33558FBB9D7", "header": "Grant program to assist eligible applicants", "nested": [ { "text": "(a) Establishment \nThe Secretary shall establish, within U.S. Citizenship and Immigration Services, a program to award grants, on a competitive basis, to eligible nonprofit organizations to carry out a program described in subsection (c) for the purpose of assisting applicants for status under sections 245B, 245C, 245D, 245E, and 245F of the Immigration and Nationality Act.", "id": "H194FCADD4E9F4C5E82CBF38636FC54FE", "header": "Establishment", "nested": [], "links": [] }, { "text": "(b) Eligible nonprofit organization \nA nonprofit organization eligible to receive a grant under this section is a nonprofit tax-exempt organization, including a community, faith-based, or other immigrant-serving organization, the staff of which has demonstrated qualifications, experience, and expertise in providing quality services to immigrants, refugees, noncitizens granted asylum, or noncitizens applying for such statuses.", "id": "HA75D40FFBEC243468F43106C08E685FE", "header": "Eligible nonprofit organization", "nested": [], "links": [] }, { "text": "(c) Use of funds \nGrant funds awarded under this section may be used for the design and implementation of programs that provide— (1) information to the public relating to eligibility for and benefits of lawful prospective immigrant status under section 245B of the Immigration and Nationality Act, particularly to individuals who may be eligible for such status; (2) assistance, within the scope of authorized practice of immigration law, to individuals in submitting applications for lawful prospective immigrant status, including— (A) screening prospective applicants to assess eligibility for such status; (B) completing applications and petitions, including providing assistance in obtaining the requisite documents and supporting evidence; (C) applying for any waivers for which applicants and qualifying family members may be eligible; and (D) providing any other assistance that the Secretary or grantees consider useful or necessary in applying for lawful prospective immigrant status; (3) assistance, within the scope of authorized practice of immigration law, to individuals seeking to adjust their status to that of a lawful permanent resident under section 245C, 245D, 245E, or 245F of the Immigration and Nationality Act; (4) instruction to individuals with respect to— (A) the rights and responsibilities of United States citizenship; and (B) civics and civics-based English as a second language; and (5) assistance, within the scope of authorized practice of immigration law, to individuals seeking to apply for United States citizenship.", "id": "H9EF4EBDF8495439DB8E3E9F12B575340", "header": "Use of funds", "nested": [], "links": [] }, { "text": "(d) Source of grant funds \nTo carry out this section, the Secretary may use not more than $50,000,000 from the Immigration Examinations Fee Account pursuant to section 286(m) of the Immigration and Nationality Act (U.S.C. 1356(m)).", "id": "HA3C5EAACF59E4F829D4F702C43B19205", "header": "Source of grant funds", "nested": [], "links": [] }, { "text": "(e) Availability of appropriations \nAny amounts appropriated to carry out this section shall remain available until expended.", "id": "H3A00FDAB081B43318380D0C9398A2DC0", "header": "Availability of appropriations", "nested": [], "links": [] } ], "links": [] }, { "text": "3508. Study on factors affecting employment opportunities for immigrants and refugees with professional credentials obtained in foreign countries \n(a) In general \nThe Secretary of Labor, in coordination with the Secretary of State, the Secretary of Education, the Secretary of Health and Human Services, the Secretary of Commerce, the Secretary, the Administrator of the Internal Revenue Service, and the Commissioner of the Social Security Administration, shall conduct a study on the factors affecting employment opportunities in the United States for applicable immigrants and refugees with professional credentials obtained in countries other than the United States. (b) Elements \nThe study required by subsection (a) shall include the following: (1) An analysis of the employment history of applicable immigrants and refugees admitted to the United States during the most recent 5-year period for which data are available at the time of the study, including, to the extent practicable— (A) an analysis of the employment held by applicable immigrants and refugees before immigrating to the United States as compared to the employment obtained in the United States, if any, since the arrival of such applicable immigrants and refugees; and (B) a consideration of the occupational and professional credentials and academic degrees held by applicable immigrants and refugees before immigrating to the United States. (2) An assessment of any barrier that prevents applicable immigrants and refugees from using occupational experience obtained outside the United States to obtain employment in the United States. (3) An analysis of existing public and private resources available to assist applicable immigrants and refugees who have professional experience and qualifications obtained outside the United States in using such professional experience and qualifications to obtain skills-appropriate employment opportunities in the United States. (4) Policy recommendations for better enabling applicable immigrants and refugees who have professional experience and qualifications obtained outside the United States to use such professional experience and qualifications to obtain skills-appropriate employment opportunities in the United States. (c) Collaboration with nonprofit organizations and State agencies \nIn conducting the study required by subsection (a), the Secretary of Labor shall seek to collaborate with relevant nonprofit organizations and State agencies to use the existing data and resources of such entities. (d) Applicable immigrants and refugees \nIn this section, the term applicable immigrants and refugees means— (1) noncitizens who are lawfully present and authorized to be employed in the United States; and (2) citizens of the United States born outside the United States and its outlying possessions.", "id": "H9B4155592ACE4F6F8729E8AF708FCC3E", "header": "Study on factors affecting employment opportunities for immigrants and refugees with professional credentials obtained in foreign countries", "nested": [ { "text": "(a) In general \nThe Secretary of Labor, in coordination with the Secretary of State, the Secretary of Education, the Secretary of Health and Human Services, the Secretary of Commerce, the Secretary, the Administrator of the Internal Revenue Service, and the Commissioner of the Social Security Administration, shall conduct a study on the factors affecting employment opportunities in the United States for applicable immigrants and refugees with professional credentials obtained in countries other than the United States.", "id": "H5E9AD270B4354A79A70124384CC67B42", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Elements \nThe study required by subsection (a) shall include the following: (1) An analysis of the employment history of applicable immigrants and refugees admitted to the United States during the most recent 5-year period for which data are available at the time of the study, including, to the extent practicable— (A) an analysis of the employment held by applicable immigrants and refugees before immigrating to the United States as compared to the employment obtained in the United States, if any, since the arrival of such applicable immigrants and refugees; and (B) a consideration of the occupational and professional credentials and academic degrees held by applicable immigrants and refugees before immigrating to the United States. (2) An assessment of any barrier that prevents applicable immigrants and refugees from using occupational experience obtained outside the United States to obtain employment in the United States. (3) An analysis of existing public and private resources available to assist applicable immigrants and refugees who have professional experience and qualifications obtained outside the United States in using such professional experience and qualifications to obtain skills-appropriate employment opportunities in the United States. (4) Policy recommendations for better enabling applicable immigrants and refugees who have professional experience and qualifications obtained outside the United States to use such professional experience and qualifications to obtain skills-appropriate employment opportunities in the United States.", "id": "HA250CB0C4DB245DBAB29E9E18ED99403", "header": "Elements", "nested": [], "links": [] }, { "text": "(c) Collaboration with nonprofit organizations and State agencies \nIn conducting the study required by subsection (a), the Secretary of Labor shall seek to collaborate with relevant nonprofit organizations and State agencies to use the existing data and resources of such entities.", "id": "H3036B75D6E3340639A1E04B3D9EBBA3B", "header": "Collaboration with nonprofit organizations and State agencies", "nested": [], "links": [] }, { "text": "(d) Applicable immigrants and refugees \nIn this section, the term applicable immigrants and refugees means— (1) noncitizens who are lawfully present and authorized to be employed in the United States; and (2) citizens of the United States born outside the United States and its outlying possessions.", "id": "H566E751BC7D74E3598BEB6A5308991EC", "header": "Applicable immigrants and refugees", "nested": [], "links": [] } ], "links": [] }, { "text": "3509. In-State tuition rates for refugees, asylees, and certain special immigrants \n(a) In general \nThe Higher Education Act of 1965 ( 20 U.S.C. 1001 et seq. ) is amended by inserting after section 135 the following: 135A. In-State tuition rates for refugees, asylees, and certain special immigrants \n(a) Requirement \nIn the case of a noncitizen described in subsection (b) whose domicile is in a State that receives assistance under this Act, such State shall not charge such noncitizen tuition for attendance at a public institution of higher education in the State at a rate that is greater than the rate charged for residents of the State. (b) Noncitizen described \nA noncitizen is described in this subsection if the noncitizen was granted— (1) refugee status and admitted to the United States under section 207 of the Immigration and Nationality Act ( 8 U.S.C. 1157 ); (2) asylum under section 208 of such Act ( 8 U.S.C. 1158 ); or (3) special immigrant status under section 101(a)(27) of such Act ( 8 U.S.C. 1101(a)(27) ) pursuant to— (A) section 1244 of the National Defense Authorization Act for Fiscal Year 2008 ( 8 U.S.C. 1157 note); (B) section 1059 of the National Defense Authorization Act for Fiscal Year 2006 ( 8 U.S.C. 1101 note); or (C) section 602 of the Afghan Allies Protection Act of 2009 ( 8 U.S.C. 1101 note). (c) Limitations \nThe requirement under subsection (a) shall apply with respect to a noncitizen only until the noncitizen has established residency in the State, and only with respect to the first State in which the noncitizen was first domiciled after being admitted into the United States as a refugee or special immigrant or being granted asylum. (d) Effective date \nThis section shall take effect at each public institution of higher education in a State that receives assistance under this Act for the first period of enrollment at such institution that begins after January 1, 2023.. (b) Conforming amendment \nThe table of contents for the Higher Education Act of 1965 ( 20 U.S.C. 1001 et seq. ) is amended by inserting after the item relating to section 135 the following: Sec. 135A. In-State tuition rates for refugees, asylees, and certain special immigrants..", "id": "HF33F871C3FC94B7E99A1ED5C2E5338ED", "header": "In-State tuition rates for refugees, asylees, and certain special immigrants", "nested": [ { "text": "(a) In general \nThe Higher Education Act of 1965 ( 20 U.S.C. 1001 et seq. ) is amended by inserting after section 135 the following: 135A. In-State tuition rates for refugees, asylees, and certain special immigrants \n(a) Requirement \nIn the case of a noncitizen described in subsection (b) whose domicile is in a State that receives assistance under this Act, such State shall not charge such noncitizen tuition for attendance at a public institution of higher education in the State at a rate that is greater than the rate charged for residents of the State. (b) Noncitizen described \nA noncitizen is described in this subsection if the noncitizen was granted— (1) refugee status and admitted to the United States under section 207 of the Immigration and Nationality Act ( 8 U.S.C. 1157 ); (2) asylum under section 208 of such Act ( 8 U.S.C. 1158 ); or (3) special immigrant status under section 101(a)(27) of such Act ( 8 U.S.C. 1101(a)(27) ) pursuant to— (A) section 1244 of the National Defense Authorization Act for Fiscal Year 2008 ( 8 U.S.C. 1157 note); (B) section 1059 of the National Defense Authorization Act for Fiscal Year 2006 ( 8 U.S.C. 1101 note); or (C) section 602 of the Afghan Allies Protection Act of 2009 ( 8 U.S.C. 1101 note). (c) Limitations \nThe requirement under subsection (a) shall apply with respect to a noncitizen only until the noncitizen has established residency in the State, and only with respect to the first State in which the noncitizen was first domiciled after being admitted into the United States as a refugee or special immigrant or being granted asylum. (d) Effective date \nThis section shall take effect at each public institution of higher education in a State that receives assistance under this Act for the first period of enrollment at such institution that begins after January 1, 2023..", "id": "H01ED997065914EB49023F64EDB9E865E", "header": "In general", "nested": [], "links": [ { "text": "20 U.S.C. 1001 et seq.", "legal-doc": "usc", "parsable-cite": "usc/20/1001" }, { "text": "8 U.S.C. 1157", "legal-doc": "usc", "parsable-cite": "usc/8/1157" }, { "text": "8 U.S.C. 1158", "legal-doc": "usc", "parsable-cite": "usc/8/1158" }, { "text": "8 U.S.C. 1101(a)(27)", "legal-doc": "usc", "parsable-cite": "usc/8/1101" }, { "text": "8 U.S.C. 1157", "legal-doc": "usc", "parsable-cite": "usc/8/1157" }, { "text": "8 U.S.C. 1101", "legal-doc": "usc", "parsable-cite": "usc/8/1101" }, { "text": "8 U.S.C. 1101", "legal-doc": "usc", "parsable-cite": "usc/8/1101" } ] }, { "text": "(b) Conforming amendment \nThe table of contents for the Higher Education Act of 1965 ( 20 U.S.C. 1001 et seq. ) is amended by inserting after the item relating to section 135 the following: Sec. 135A. In-State tuition rates for refugees, asylees, and certain special immigrants..", "id": "H478C423F045D4F16883E6480127324CC", "header": "Conforming amendment", "nested": [], "links": [ { "text": "20 U.S.C. 1001 et seq.", "legal-doc": "usc", "parsable-cite": "usc/20/1001" } ] } ], "links": [ { "text": "20 U.S.C. 1001 et seq.", "legal-doc": "usc", "parsable-cite": "usc/20/1001" }, { "text": "8 U.S.C. 1157", "legal-doc": "usc", "parsable-cite": "usc/8/1157" }, { "text": "8 U.S.C. 1158", "legal-doc": "usc", "parsable-cite": "usc/8/1158" }, { "text": "8 U.S.C. 1101(a)(27)", "legal-doc": "usc", "parsable-cite": "usc/8/1101" }, { "text": "8 U.S.C. 1157", "legal-doc": "usc", "parsable-cite": "usc/8/1157" }, { "text": "8 U.S.C. 1101", "legal-doc": "usc", "parsable-cite": "usc/8/1101" }, { "text": "8 U.S.C. 1101", "legal-doc": "usc", "parsable-cite": "usc/8/1101" }, { "text": "20 U.S.C. 1001 et seq.", "legal-doc": "usc", "parsable-cite": "usc/20/1001" } ] }, { "text": "135A. In-State tuition rates for refugees, asylees, and certain special immigrants \n(a) Requirement \nIn the case of a noncitizen described in subsection (b) whose domicile is in a State that receives assistance under this Act, such State shall not charge such noncitizen tuition for attendance at a public institution of higher education in the State at a rate that is greater than the rate charged for residents of the State. (b) Noncitizen described \nA noncitizen is described in this subsection if the noncitizen was granted— (1) refugee status and admitted to the United States under section 207 of the Immigration and Nationality Act ( 8 U.S.C. 1157 ); (2) asylum under section 208 of such Act ( 8 U.S.C. 1158 ); or (3) special immigrant status under section 101(a)(27) of such Act ( 8 U.S.C. 1101(a)(27) ) pursuant to— (A) section 1244 of the National Defense Authorization Act for Fiscal Year 2008 ( 8 U.S.C. 1157 note); (B) section 1059 of the National Defense Authorization Act for Fiscal Year 2006 ( 8 U.S.C. 1101 note); or (C) section 602 of the Afghan Allies Protection Act of 2009 ( 8 U.S.C. 1101 note). (c) Limitations \nThe requirement under subsection (a) shall apply with respect to a noncitizen only until the noncitizen has established residency in the State, and only with respect to the first State in which the noncitizen was first domiciled after being admitted into the United States as a refugee or special immigrant or being granted asylum. (d) Effective date \nThis section shall take effect at each public institution of higher education in a State that receives assistance under this Act for the first period of enrollment at such institution that begins after January 1, 2023.", "id": "HFBC57DE1C3284C90B5AFF9014BF7838C", "header": "In-State tuition rates for refugees, asylees, and certain special immigrants", "nested": [ { "text": "(a) Requirement \nIn the case of a noncitizen described in subsection (b) whose domicile is in a State that receives assistance under this Act, such State shall not charge such noncitizen tuition for attendance at a public institution of higher education in the State at a rate that is greater than the rate charged for residents of the State.", "id": "HE57651A658A443EDB660E1703A87DAA0", "header": "Requirement", "nested": [], "links": [] }, { "text": "(b) Noncitizen described \nA noncitizen is described in this subsection if the noncitizen was granted— (1) refugee status and admitted to the United States under section 207 of the Immigration and Nationality Act ( 8 U.S.C. 1157 ); (2) asylum under section 208 of such Act ( 8 U.S.C. 1158 ); or (3) special immigrant status under section 101(a)(27) of such Act ( 8 U.S.C. 1101(a)(27) ) pursuant to— (A) section 1244 of the National Defense Authorization Act for Fiscal Year 2008 ( 8 U.S.C. 1157 note); (B) section 1059 of the National Defense Authorization Act for Fiscal Year 2006 ( 8 U.S.C. 1101 note); or (C) section 602 of the Afghan Allies Protection Act of 2009 ( 8 U.S.C. 1101 note).", "id": "H80F83E84178F43B8B87A9D66DA955422", "header": "Noncitizen described", "nested": [], "links": [ { "text": "8 U.S.C. 1157", "legal-doc": "usc", "parsable-cite": "usc/8/1157" }, { "text": "8 U.S.C. 1158", "legal-doc": "usc", "parsable-cite": "usc/8/1158" }, { "text": "8 U.S.C. 1101(a)(27)", "legal-doc": "usc", "parsable-cite": "usc/8/1101" }, { "text": "8 U.S.C. 1157", "legal-doc": "usc", "parsable-cite": "usc/8/1157" }, { "text": "8 U.S.C. 1101", "legal-doc": "usc", "parsable-cite": "usc/8/1101" }, { "text": "8 U.S.C. 1101", "legal-doc": "usc", "parsable-cite": "usc/8/1101" } ] }, { "text": "(c) Limitations \nThe requirement under subsection (a) shall apply with respect to a noncitizen only until the noncitizen has established residency in the State, and only with respect to the first State in which the noncitizen was first domiciled after being admitted into the United States as a refugee or special immigrant or being granted asylum.", "id": "H2B65DAD38CD54C49AD229FAD51785DE4", "header": "Limitations", "nested": [], "links": [] }, { "text": "(d) Effective date \nThis section shall take effect at each public institution of higher education in a State that receives assistance under this Act for the first period of enrollment at such institution that begins after January 1, 2023.", "id": "HDBC75D1A112646B4A1C0F63380825D79", "header": "Effective date", "nested": [], "links": [] } ], "links": [ { "text": "8 U.S.C. 1157", "legal-doc": "usc", "parsable-cite": "usc/8/1157" }, { "text": "8 U.S.C. 1158", "legal-doc": "usc", "parsable-cite": "usc/8/1158" }, { "text": "8 U.S.C. 1101(a)(27)", "legal-doc": "usc", "parsable-cite": "usc/8/1101" }, { "text": "8 U.S.C. 1157", "legal-doc": "usc", "parsable-cite": "usc/8/1157" }, { "text": "8 U.S.C. 1101", "legal-doc": "usc", "parsable-cite": "usc/8/1101" }, { "text": "8 U.S.C. 1101", "legal-doc": "usc", "parsable-cite": "usc/8/1101" } ] }, { "text": "3510. Waiver of English requirement for senior new Americans \nSection 312 ( 8 U.S.C. 1423 ) is amended by striking subsection (b) and inserting the following: (b) The requirements under subsection (a) shall not apply to any person who— (1) is unable to comply with such requirements because of physical or mental disability, including developmental or intellectual disability; or (2) on the date on which the person’s application for naturalization is submitted under section 334— (A) is older than 65 years of age; and (B) has been living in the United States for 1 or more periods totaling not less than 5 years after being lawfully admitted for permanent residence. (c) The requirement under subsection (a)(1) shall not apply to any person who, on the date on which the person’s application for naturalization is submitted under section 334— (1) is older than 50 years of age and has been living in the United States for 1 or more periods totaling not less than 20 years after being lawfully admitted for permanent residence; (2) is older than 55 years of age and has been living in the United States for 1 or more periods totaling not less than 15 years after being lawfully admitted for permanent residence; or (3) is older than 60 years of age and has been living in the United States for 1 or more periods totaling not less than 10 years after being lawfully admitted for permanent residence. (d) The Secretary of Homeland Security may waive, on a case-by-case basis, the requirement under subsection (a)(2) for any person who, on the date on which the person’s application for naturalization is submitted under section 334— (1) is older than 60 years of age; and (2) has been living in the United States for 1 or more periods totaling not less than 10 years after being lawfully admitted for permanent residence..", "id": "HD1635914D620461E936E453E2264270F", "header": "Waiver of English requirement for senior new Americans", "nested": [], "links": [ { "text": "8 U.S.C. 1423", "legal-doc": "usc", "parsable-cite": "usc/8/1423" } ] }, { "text": "3511. Naturalization for certain United States high school graduates \n(a) In general \nTitle III of the Immigration and Nationality Act ( 8 U.S.C. 1401 et seq. ) is amended by inserting after section 320 the following: 321. Citizenship for certain United States high school graduates \n(a) Requirements considered satisfied \nIn the case of a noncitizen described in subsection (b), the noncitizen shall be considered to have satisfied the requirements of section 312(a). (b) Noncitizen described \nA noncitizen is described in this subsection if the noncitizen submits an application for naturalization under section 334 that contains the following: (1) Transcripts from public or private schools in the United States that demonstrate the following: (A) The noncitizen completed grades 9 through 12 in the United States and graduated with a high school diploma. (B) The noncitizen completed a curriculum that reflects knowledge of United States history, government, and civics. (2) A copy of the noncitizen’s high school diploma.. (b) Clerical amendment \nThe table of contents for the Immigration and Nationality Act ( 8 U.S.C. 1101 et seq. ) is amended by inserting after the item relating to section 320 the following: Sec. 321. Citizenship for certain United States high school graduates.. (c) Applicability \nThe amendments made by this section shall take effect on the date of the enactment of this Act and shall apply to applicants for naturalization who apply for naturalization on or after such date. (d) Regulations \nNot later than 180 days after the date of the enactment of this Act, the Secretary shall promulgate regulations to carry out this section and the amendments made by this section.", "id": "HD655F8D7F2BD48B28AD778FEC999E97E", "header": "Naturalization for certain United States high school graduates", "nested": [ { "text": "(a) In general \nTitle III of the Immigration and Nationality Act ( 8 U.S.C. 1401 et seq. ) is amended by inserting after section 320 the following: 321. Citizenship for certain United States high school graduates \n(a) Requirements considered satisfied \nIn the case of a noncitizen described in subsection (b), the noncitizen shall be considered to have satisfied the requirements of section 312(a). (b) Noncitizen described \nA noncitizen is described in this subsection if the noncitizen submits an application for naturalization under section 334 that contains the following: (1) Transcripts from public or private schools in the United States that demonstrate the following: (A) The noncitizen completed grades 9 through 12 in the United States and graduated with a high school diploma. (B) The noncitizen completed a curriculum that reflects knowledge of United States history, government, and civics. (2) A copy of the noncitizen’s high school diploma..", "id": "HDC09F048DEBB4EB9B1796C487BC8BA1E", "header": "In general", "nested": [], "links": [ { "text": "8 U.S.C. 1401 et seq.", "legal-doc": "usc", "parsable-cite": "usc/8/1401" } ] }, { "text": "(b) Clerical amendment \nThe table of contents for the Immigration and Nationality Act ( 8 U.S.C. 1101 et seq. ) is amended by inserting after the item relating to section 320 the following: Sec. 321. Citizenship for certain United States high school graduates..", "id": "H385BEC00A51D40DA81CC19D2B84150D1", "header": "Clerical amendment", "nested": [], "links": [ { "text": "8 U.S.C. 1101 et seq.", "legal-doc": "usc", "parsable-cite": "usc/8/1101" } ] }, { "text": "(c) Applicability \nThe amendments made by this section shall take effect on the date of the enactment of this Act and shall apply to applicants for naturalization who apply for naturalization on or after such date.", "id": "H3A1B319960E948B29D130DC69470CAED", "header": "Applicability", "nested": [], "links": [] }, { "text": "(d) Regulations \nNot later than 180 days after the date of the enactment of this Act, the Secretary shall promulgate regulations to carry out this section and the amendments made by this section.", "id": "H0A9D2B0F562347E5856E6EAD026B3867", "header": "Regulations", "nested": [], "links": [] } ], "links": [ { "text": "8 U.S.C. 1401 et seq.", "legal-doc": "usc", "parsable-cite": "usc/8/1401" }, { "text": "8 U.S.C. 1101 et seq.", "legal-doc": "usc", "parsable-cite": "usc/8/1101" } ] }, { "text": "321. Citizenship for certain United States high school graduates \n(a) Requirements considered satisfied \nIn the case of a noncitizen described in subsection (b), the noncitizen shall be considered to have satisfied the requirements of section 312(a). (b) Noncitizen described \nA noncitizen is described in this subsection if the noncitizen submits an application for naturalization under section 334 that contains the following: (1) Transcripts from public or private schools in the United States that demonstrate the following: (A) The noncitizen completed grades 9 through 12 in the United States and graduated with a high school diploma. (B) The noncitizen completed a curriculum that reflects knowledge of United States history, government, and civics. (2) A copy of the noncitizen’s high school diploma.", "id": "HC1B9EB576A5F40D3BD2D9C4884A5089E", "header": "Citizenship for certain United States high school graduates", "nested": [ { "text": "(a) Requirements considered satisfied \nIn the case of a noncitizen described in subsection (b), the noncitizen shall be considered to have satisfied the requirements of section 312(a).", "id": "H8891B5CEA9D24A60B07D0560A1AFAF67", "header": "Requirements considered satisfied", "nested": [], "links": [] }, { "text": "(b) Noncitizen described \nA noncitizen is described in this subsection if the noncitizen submits an application for naturalization under section 334 that contains the following: (1) Transcripts from public or private schools in the United States that demonstrate the following: (A) The noncitizen completed grades 9 through 12 in the United States and graduated with a high school diploma. (B) The noncitizen completed a curriculum that reflects knowledge of United States history, government, and civics. (2) A copy of the noncitizen’s high school diploma.", "id": "H14AD88FEBCD84510B3A3323638606ED2", "header": "Noncitizen described", "nested": [], "links": [] } ], "links": [] }, { "text": "3512. Naturalization ceremonies \n(a) In general \nThe Chief of the Office of Citizenship of U.S. Citizenship and Immigration Services, in consultation with the Director of the National Park Service, the Archivist of the United States, and other appropriate Federal officials, shall develop and implement a strategy to enhance public awareness of naturalization ceremonies. (b) Venues \nIn developing the strategy under subsection (a), the Chief of the Office of Citizenship of U.S. Citizenship and Immigration Services shall consider the use of outstanding and historic locations as venues for select naturalization ceremonies.", "id": "H751E11B1E8FF44C4A3FE9BA18E3BC25E", "header": "Naturalization ceremonies", "nested": [ { "text": "(a) In general \nThe Chief of the Office of Citizenship of U.S. Citizenship and Immigration Services, in consultation with the Director of the National Park Service, the Archivist of the United States, and other appropriate Federal officials, shall develop and implement a strategy to enhance public awareness of naturalization ceremonies.", "id": "H796ADF0BD6944145A7038CA878C78F6C", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Venues \nIn developing the strategy under subsection (a), the Chief of the Office of Citizenship of U.S. Citizenship and Immigration Services shall consider the use of outstanding and historic locations as venues for select naturalization ceremonies.", "id": "HA19D2781FE1E4CE296739AF025FC8961", "header": "Venues", "nested": [], "links": [] } ], "links": [] }, { "text": "3513. National citizenship promotion program \n(a) Establishment \nNot later than 1 year after the date of the enactment of this Act, the Secretary shall establish a program to promote United States citizenship. (b) Activities \nAs part of the program required by subsection (a), the Secretary shall carry out outreach activities in accordance with subsection (c). (c) Outreach \nThe Secretary shall— (1) develop outreach materials targeted to noncitizens who have been lawfully admitted for permanent residence to encourage such noncitizens to apply to become citizens of the United States; (2) make such outreach materials available through— (A) public service announcements; (B) advertisements; and (C) such other media as the Secretary considers appropriate; and (3) conduct outreach activities targeted to noncitizens eligible to apply for naturalization, including communication by text, email, and the United States Postal Service, that provides, on paper or in electronic form— (A) notice that the individual is possibly eligible to apply for naturalization; (B) information about the requirements of United States citizenship; (C) information about the benefits of United States citizenship; (D) a pre-filled naturalization application containing the data the agency already has about the individual; (E) instructions on how to complete the application; and (F) resources for free or low-cost assistance with applying for naturalization and preparing for the English and civics exams.", "id": "H9223686A3DA34463B47E7AA4CE188F1C", "header": "National citizenship promotion program", "nested": [ { "text": "(a) Establishment \nNot later than 1 year after the date of the enactment of this Act, the Secretary shall establish a program to promote United States citizenship.", "id": "H2B6BED95346E45BDB3957CA083BE4EBF", "header": "Establishment", "nested": [], "links": [] }, { "text": "(b) Activities \nAs part of the program required by subsection (a), the Secretary shall carry out outreach activities in accordance with subsection (c).", "id": "HA0E204D14CEE454EB438A2838378507E", "header": "Activities", "nested": [], "links": [] }, { "text": "(c) Outreach \nThe Secretary shall— (1) develop outreach materials targeted to noncitizens who have been lawfully admitted for permanent residence to encourage such noncitizens to apply to become citizens of the United States; (2) make such outreach materials available through— (A) public service announcements; (B) advertisements; and (C) such other media as the Secretary considers appropriate; and (3) conduct outreach activities targeted to noncitizens eligible to apply for naturalization, including communication by text, email, and the United States Postal Service, that provides, on paper or in electronic form— (A) notice that the individual is possibly eligible to apply for naturalization; (B) information about the requirements of United States citizenship; (C) information about the benefits of United States citizenship; (D) a pre-filled naturalization application containing the data the agency already has about the individual; (E) instructions on how to complete the application; and (F) resources for free or low-cost assistance with applying for naturalization and preparing for the English and civics exams.", "id": "HC7224569C736478F8F6A8B9C65BBC927", "header": "Outreach", "nested": [], "links": [] } ], "links": [] }, { "text": "3514. Authorization of appropriations for Foundation and pilot program \n(a) In general \nThere are authorized to be appropriated for the first 2 fiscal years after the date of the enactment of this Act such sums as may be necessary to establish the Foundation and carry out the pilot program under section 3502. (b) Use of funds \nAmounts appropriated to establish the Foundation and carry out the pilot program under section 3502 may be invested, and any amounts resulting from such investments shall remain available for the operations of the Foundation and the pilot program without further appropriation.", "id": "H11D820AA34A14F42B8B529F9086853AB", "header": "Authorization of appropriations for Foundation and pilot program", "nested": [ { "text": "(a) In general \nThere are authorized to be appropriated for the first 2 fiscal years after the date of the enactment of this Act such sums as may be necessary to establish the Foundation and carry out the pilot program under section 3502.", "id": "HF2029AC9B74C4FE9B01F0C0DC62A538B", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Use of funds \nAmounts appropriated to establish the Foundation and carry out the pilot program under section 3502 may be invested, and any amounts resulting from such investments shall remain available for the operations of the Foundation and the pilot program without further appropriation.", "id": "H2520FDC1671B4238998073AC4DF21BD0", "header": "Use of funds", "nested": [], "links": [] } ], "links": [] }, { "text": "4101. Expanding alternatives to detention \n(a) Family case management program \nThe Secretary shall— (1) expand the use of the family case management program (described in section 218 of the Department of Homeland Security Appropriations Act, 2020 ( 8 U.S.C. 1378a )) for apprehended noncitizens who are members of family units arriving in the United States; and (2) develop additional community-based programs to increase the number of enrollees in the alternatives to detention program. (b) Nonprofit entity contracting partner \nThe Secretary shall contract with qualified nonprofit entities for the operation of the alternatives to detention program, including the family case management program and other community-based programs described in subsection (a). (c) Legal orientation \nThe Secretary shall ensure that enrollees in the alternatives to detention program, including the family case management program and other community-based programs described in subsection (a), are provided a legal orientation consistent with the program elements described in section 4105(a)(2).", "id": "HFE18F05EF9634F258B930E16BECDD54C", "header": "Expanding alternatives to detention", "nested": [ { "text": "(a) Family case management program \nThe Secretary shall— (1) expand the use of the family case management program (described in section 218 of the Department of Homeland Security Appropriations Act, 2020 ( 8 U.S.C. 1378a )) for apprehended noncitizens who are members of family units arriving in the United States; and (2) develop additional community-based programs to increase the number of enrollees in the alternatives to detention program.", "id": "H8880B480A7B6432C98546EF9BC327B7F", "header": "Family case management program", "nested": [], "links": [ { "text": "8 U.S.C. 1378a", "legal-doc": "usc", "parsable-cite": "usc/8/1378a" } ] }, { "text": "(b) Nonprofit entity contracting partner \nThe Secretary shall contract with qualified nonprofit entities for the operation of the alternatives to detention program, including the family case management program and other community-based programs described in subsection (a).", "id": "HF17653800753482AB8A9054CEDA7E3BD", "header": "Nonprofit entity contracting partner", "nested": [], "links": [] }, { "text": "(c) Legal orientation \nThe Secretary shall ensure that enrollees in the alternatives to detention program, including the family case management program and other community-based programs described in subsection (a), are provided a legal orientation consistent with the program elements described in section 4105(a)(2).", "id": "H67665386111641A0B411FF86A7AB0569", "header": "Legal orientation", "nested": [], "links": [] } ], "links": [ { "text": "8 U.S.C. 1378a", "legal-doc": "usc", "parsable-cite": "usc/8/1378a" } ] }, { "text": "4102. Eliminating immigration court backlogs \n(a) Addressing immigration judge shortages \nThe Attorney General shall increase the total number of immigration judges by not fewer than 55 judges during each of fiscal years 2025, 2026, 2027, and 2028. (b) Qualifications and selection \nThe Attorney General shall— (1) ensure that all newly hired immigration judges and members of the Board of Immigration Appeals are— (A) highly qualified experts on immigration law; and (B) trained to conduct fair, impartial adjudications in accordance with applicable due process requirements; and (2) with respect to immigration judges and members of the Board of Immigration Appeals, to the extent practicable, strive to achieve an equal numerical balance in the hiring of candidates with Government experience in immigration and candidates with sufficient knowledge or experience in immigration in the private sector, including nonprofit, private bar, or academic experience. (c) Addressing support staff shortages \nSubject to the availability of funds made available in advance in appropriations Acts, the Attorney General shall ensure that each immigration judge has sufficient support staff, adequate technological and security resources, and appropriate courtroom facilities. (d) Additional Board of Immigration Appeals personnel \nThe Attorney General shall increase the number of Board of Immigration Appeals staff attorneys (including necessary additional support staff) to efficiently process cases by not fewer than 23 attorneys during each of fiscal years 2025, 2026, and 2027. (e) GAO report \nThe Comptroller General of the United States shall— (1) conduct a study of the impediments to efficient hiring of immigration court judges within the Department of Justice; and (2) propose solutions to Congress for improving the efficiency of the hiring process.", "id": "H7E31A7822C614D339A6F29F3AFA29182", "header": "Eliminating immigration court backlogs", "nested": [ { "text": "(a) Addressing immigration judge shortages \nThe Attorney General shall increase the total number of immigration judges by not fewer than 55 judges during each of fiscal years 2025, 2026, 2027, and 2028.", "id": "HC88116B0E4F84546B2FD84478D6FF434", "header": "Addressing immigration judge shortages", "nested": [], "links": [] }, { "text": "(b) Qualifications and selection \nThe Attorney General shall— (1) ensure that all newly hired immigration judges and members of the Board of Immigration Appeals are— (A) highly qualified experts on immigration law; and (B) trained to conduct fair, impartial adjudications in accordance with applicable due process requirements; and (2) with respect to immigration judges and members of the Board of Immigration Appeals, to the extent practicable, strive to achieve an equal numerical balance in the hiring of candidates with Government experience in immigration and candidates with sufficient knowledge or experience in immigration in the private sector, including nonprofit, private bar, or academic experience.", "id": "HF08297479F6C44AB9EC2FCC74DAC2BC9", "header": "Qualifications and selection", "nested": [], "links": [] }, { "text": "(c) Addressing support staff shortages \nSubject to the availability of funds made available in advance in appropriations Acts, the Attorney General shall ensure that each immigration judge has sufficient support staff, adequate technological and security resources, and appropriate courtroom facilities.", "id": "HCA8C409EBF97415587EA2CE52256A9EC", "header": "Addressing support staff shortages", "nested": [], "links": [] }, { "text": "(d) Additional Board of Immigration Appeals personnel \nThe Attorney General shall increase the number of Board of Immigration Appeals staff attorneys (including necessary additional support staff) to efficiently process cases by not fewer than 23 attorneys during each of fiscal years 2025, 2026, and 2027.", "id": "HE83F542A66A14B34A842D301666728BF", "header": "Additional Board of Immigration Appeals personnel", "nested": [], "links": [] }, { "text": "(e) GAO report \nThe Comptroller General of the United States shall— (1) conduct a study of the impediments to efficient hiring of immigration court judges within the Department of Justice; and (2) propose solutions to Congress for improving the efficiency of the hiring process.", "id": "H6DD1A3E65BF34D49A9A113509A1C09B0", "header": "GAO report", "nested": [], "links": [] } ], "links": [] }, { "text": "4103. Improved training for immigration judges and members of the Board of Immigration Appeals \n(a) In general \nTo ensure efficient and fair proceedings, the Director of the Executive Office for Immigration Review shall establish or expand, as applicable, training programs for immigration judges and members of the Board of Immigration Appeals. (b) Mandatory training \nTraining referred to under subsection (a) shall include the following: (1) Expansion of the training program for new immigration judges and members of the Board of Immigration Appeals to include age sensitivity, gender sensitivity, and trauma sensitivity. (2) Continuing education regarding current developments in immigration law, including through regularly available training resources and an annual conference. (3) Training on properly crafting and dictating decisions and standards of review, including improved on-bench reference materials and decision templates.", "id": "HF32A141B06C34402A3DEA2B1F15A68BA", "header": "Improved training for immigration judges and members of the Board of Immigration Appeals", "nested": [ { "text": "(a) In general \nTo ensure efficient and fair proceedings, the Director of the Executive Office for Immigration Review shall establish or expand, as applicable, training programs for immigration judges and members of the Board of Immigration Appeals.", "id": "H4B53630FF5F540C0A06F10855B7B2145", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Mandatory training \nTraining referred to under subsection (a) shall include the following: (1) Expansion of the training program for new immigration judges and members of the Board of Immigration Appeals to include age sensitivity, gender sensitivity, and trauma sensitivity. (2) Continuing education regarding current developments in immigration law, including through regularly available training resources and an annual conference. (3) Training on properly crafting and dictating decisions and standards of review, including improved on-bench reference materials and decision templates.", "id": "HB5E61CCA676E44EA963644F478AACA15", "header": "Mandatory training", "nested": [], "links": [] } ], "links": [] }, { "text": "4104. New technology to improve court efficiency \nThe Director of the Executive Office for Immigration Review shall modernize its case management, video-teleconferencing, digital audio recording, and related electronic and computer-based systems, including by allowing for electronic filing, to improve efficiency in the processing of immigration proceedings.", "id": "H96452888EAD442C7BE6A6D5858C9D95A", "header": "New technology to improve court efficiency", "nested": [], "links": [] }, { "text": "4105. Court appearance compliance and legal orientation \n(a) Access to legal orientation programs To ensure court appearance compliance \n(1) In general \nThe Secretary, in consultation with the Attorney General, shall establish procedures to ensure that legal orientation programs are available for all noncitizens detained by the Secretary. (2) Program elements \nPrograms under paragraph (1) shall provide information to noncitizens regarding the following: (A) The basic procedures of immigration hearings. (B) The rights and obligations of noncitizens relating to immigration hearings, including the consequences of filing frivolous legal claims and of failing to appear for proceedings. (C) Legal protections available to noncitizens and the procedures for requesting such protections. (D) Legal resources available to noncitizens and lists of potential legal services providers. (E) Any other subject the Attorney General considers necessary and appropriate. (3) Eligibility \nA noncitizen shall be given access to legal orientation programs under this subsection regardless of the noncitizen’s current immigration status, prior immigration history, or potential for immigration relief. (b) Expansion of the information help desk program for nondetained noncitizens in removal proceedings \nThe Attorney General shall expand the information help desk program to all immigration courts so as to provide noncitizens who are not detained and who have pending asylum claims access to information relating to their immigration status.", "id": "HF64152A636DF474F80A6A36B0BE7BA27", "header": "Court appearance compliance and legal orientation", "nested": [ { "text": "(a) Access to legal orientation programs To ensure court appearance compliance \n(1) In general \nThe Secretary, in consultation with the Attorney General, shall establish procedures to ensure that legal orientation programs are available for all noncitizens detained by the Secretary. (2) Program elements \nPrograms under paragraph (1) shall provide information to noncitizens regarding the following: (A) The basic procedures of immigration hearings. (B) The rights and obligations of noncitizens relating to immigration hearings, including the consequences of filing frivolous legal claims and of failing to appear for proceedings. (C) Legal protections available to noncitizens and the procedures for requesting such protections. (D) Legal resources available to noncitizens and lists of potential legal services providers. (E) Any other subject the Attorney General considers necessary and appropriate. (3) Eligibility \nA noncitizen shall be given access to legal orientation programs under this subsection regardless of the noncitizen’s current immigration status, prior immigration history, or potential for immigration relief.", "id": "H6EC2E2C0EAF34CA3AEA0AA403FE3E86F", "header": "Access to legal orientation programs To ensure court appearance compliance", "nested": [], "links": [] }, { "text": "(b) Expansion of the information help desk program for nondetained noncitizens in removal proceedings \nThe Attorney General shall expand the information help desk program to all immigration courts so as to provide noncitizens who are not detained and who have pending asylum claims access to information relating to their immigration status.", "id": "H6139218F2B154807B25C5A478E21A21F", "header": "Expansion of the information help desk program for nondetained noncitizens in removal proceedings", "nested": [], "links": [] } ], "links": [] }, { "text": "4106. Improving court efficiency and reducing costs by increasing access to legal information \n(a) Appointment of counsel in certain cases; right To review certain documents in removal proceedings \nSection 240(b) of the Immigration and Nationality Act ( 8 U.S.C. 1229a(b) ) is amended— (1) in paragraph (4)— (A) in subparagraph (A)— (i) by striking , at no expense to the Government, ; and (ii) by striking the comma at the end and inserting a semicolon; (B) by redesignating subparagraphs (B) and (C) as subparagraphs (D) and (E), respectively; (C) by inserting after subparagraph (A) the following: (B) the Attorney General may appoint or provide counsel, at Government expense, to noncitizens in immigration proceedings; (C) at the beginning of the proceedings or as expeditiously as possible thereafter, a noncitizen shall receive a complete copy of all relevant documents in the possession of the Department of Homeland Security, including all documents (other than documents protected from disclosure by privilege, including national security information referred to in subparagraph (D), law enforcement-sensitive information, and information prohibited from disclosure pursuant to any other provision of law) contained in the file maintained by the Government, including information with respect to all transactions involving the noncitizen during the immigration process (commonly referred to as an A-file ) and all documents pertaining to the noncitizen that the Department of Homeland Security has obtained or received from other government agencies, unless the noncitizen waives the right to receive such documents by executing a knowing and voluntary written waiver in a language that he or she understands; ; and (D) in subparagraph (D), as redesignated, by striking , and and inserting ; and ; and (2) by adding at the end the following: (8) Failure to provide noncitizen required documents \nIn the absence of a written waiver under paragraph (4)(C), a removal proceeding may not proceed until the noncitizen— (A) has received the documents as required under such paragraph; and (B) has been provided meaningful time to review and assess such documents.. (b) Right to counsel \n(1) In general \nSection 292 of the Immigration and Nationality Act ( 8 U.S.C. 1362 ) is amended to read as follows: 292. Right to counsel \n(a) In general \nIn any proceeding conducted under section 235, 236, 238, 240, 241, or any other section of this Act, and in any appeal proceedings before the Attorney General from any such proceedings, the noncitizen concerned shall have the privilege of being represented by such counsel authorized to practice in such proceedings, as the noncitizen shall choose. (b) Access to counsel \n(1) In general \nThe Attorney General may appoint or provide counsel to a noncitizen in any proceeding conducted under section 235, 236, 238, 240, or 241 or any other section of this Act. (2) Detention and border facilities \nThe Secretary of Homeland Security shall ensure that noncitizens have access to counsel inside all immigration detention and border facilities. (c) Children and vulnerable individuals \nNotwithstanding subsection (b), at the beginning of proceedings or as expeditiously as possible, the Attorney General shall appoint, at the expense of the Government, counsel to represent any noncitizen financially unable to obtain adequate representation in such proceedings, including any noncitizen who has been determined by the Secretary of Homeland Security or the Attorney General to be— (1) a child; (2) a particularly vulnerable individual, including— (A) a person with a disability; (B) a victim of abuse, torture, or violence; and (C) a pregnant or lactating woman; or (3) the parent of a United States citizen minor. (d) Extension to consolidated cases \nIf the Attorney General has consolidated the case of any noncitizen for whom counsel was appointed under subsection (c) with that of any other noncitizen, and such other noncitizen does not have counsel, the counsel appointed under subsection (c) shall be appointed to represent such other noncitizen unless there is a demonstrated conflict of interest.. (2) Rulemaking \nNot later than 180 days after the date of enactment of this Act, the Attorney General shall promulgate regulations to implement subsection (c) of section 292 of the Immigration and Nationality Act, as added by paragraph (1). (c) Immigration Counsel Fund \n(1) In general \nChapter 9 of title II of the Immigration and Nationality Act ( 8 U.S.C. 1351 et seq. ) is amended by adding at the end the following: 295. Immigration Counsel Fund \n(a) In general \nThere is established in the general fund of the Treasury a separate account to be known as the Immigration Counsel Fund. (b) Deposits \nNotwithstanding any other provision of this Act, there shall be deposited as offsetting receipts into the Immigration Counsel Account all surcharges collected under subsection (c) for the purpose of providing access to counsel as required or authorized under this Act, to remain available until expended. (c) Surcharge \nIn any case in which a fee is charged pursuant to the immigration laws, a surcharge of $25 shall be imposed and collected. (d) Report \nNot later than 2 years after the date of the enactment of this section, and biennially thereafter, the Secretary of Homeland Security shall submit to Congress a report on the status of the Immigration Counsel Account, including— (1) the balance in the Immigration Counsel Account; and (2) any recommendation with respect to modifications to the surcharge under subsection (c) necessary to ensure that the receipts collected for the subsequent 2 years equal, as closely as possible, the cost of providing access to counsel as required or authorized under this Act.. (2) Table of contents \nThe table of contents for the Immigration and Nationality Act ( 8 U.S.C. 1101 et seq. ) is amended by inserting after the item relating to section 294 the following: Sec. 295. Immigration Counsel Fund.. (d) Motions To reopen \nSection 240(c)(7)(C) of the Immigration and Nationality Act ( 8 U.S.C. 1229a(c)(7)(C) ) is amended by adding at the end the following: (v) Special rule for children and other vulnerable noncitizens \nIf the Attorney General fails to appoint counsel for a noncitizen in violation of section 292(c)— (I) no limitation under this paragraph with respect to the filing of any motion to reopen shall apply to the noncitizen; and (II) the filing of a motion to reopen by the noncitizen shall stay the removal of the noncitizen..", "id": "H8686D1BE0EB44EB3B8A2B3E6C6236805", "header": "Improving court efficiency and reducing costs by increasing access to legal information", "nested": [ { "text": "(a) Appointment of counsel in certain cases; right To review certain documents in removal proceedings \nSection 240(b) of the Immigration and Nationality Act ( 8 U.S.C. 1229a(b) ) is amended— (1) in paragraph (4)— (A) in subparagraph (A)— (i) by striking , at no expense to the Government, ; and (ii) by striking the comma at the end and inserting a semicolon; (B) by redesignating subparagraphs (B) and (C) as subparagraphs (D) and (E), respectively; (C) by inserting after subparagraph (A) the following: (B) the Attorney General may appoint or provide counsel, at Government expense, to noncitizens in immigration proceedings; (C) at the beginning of the proceedings or as expeditiously as possible thereafter, a noncitizen shall receive a complete copy of all relevant documents in the possession of the Department of Homeland Security, including all documents (other than documents protected from disclosure by privilege, including national security information referred to in subparagraph (D), law enforcement-sensitive information, and information prohibited from disclosure pursuant to any other provision of law) contained in the file maintained by the Government, including information with respect to all transactions involving the noncitizen during the immigration process (commonly referred to as an A-file ) and all documents pertaining to the noncitizen that the Department of Homeland Security has obtained or received from other government agencies, unless the noncitizen waives the right to receive such documents by executing a knowing and voluntary written waiver in a language that he or she understands; ; and (D) in subparagraph (D), as redesignated, by striking , and and inserting ; and ; and (2) by adding at the end the following: (8) Failure to provide noncitizen required documents \nIn the absence of a written waiver under paragraph (4)(C), a removal proceeding may not proceed until the noncitizen— (A) has received the documents as required under such paragraph; and (B) has been provided meaningful time to review and assess such documents..", "id": "HAB6EAF054A6742EEAE26F93EE14C2AD5", "header": "Appointment of counsel in certain cases; right To review certain documents in removal proceedings", "nested": [], "links": [ { "text": "8 U.S.C. 1229a(b)", "legal-doc": "usc", "parsable-cite": "usc/8/1229a" } ] }, { "text": "(b) Right to counsel \n(1) In general \nSection 292 of the Immigration and Nationality Act ( 8 U.S.C. 1362 ) is amended to read as follows: 292. Right to counsel \n(a) In general \nIn any proceeding conducted under section 235, 236, 238, 240, 241, or any other section of this Act, and in any appeal proceedings before the Attorney General from any such proceedings, the noncitizen concerned shall have the privilege of being represented by such counsel authorized to practice in such proceedings, as the noncitizen shall choose. (b) Access to counsel \n(1) In general \nThe Attorney General may appoint or provide counsel to a noncitizen in any proceeding conducted under section 235, 236, 238, 240, or 241 or any other section of this Act. (2) Detention and border facilities \nThe Secretary of Homeland Security shall ensure that noncitizens have access to counsel inside all immigration detention and border facilities. (c) Children and vulnerable individuals \nNotwithstanding subsection (b), at the beginning of proceedings or as expeditiously as possible, the Attorney General shall appoint, at the expense of the Government, counsel to represent any noncitizen financially unable to obtain adequate representation in such proceedings, including any noncitizen who has been determined by the Secretary of Homeland Security or the Attorney General to be— (1) a child; (2) a particularly vulnerable individual, including— (A) a person with a disability; (B) a victim of abuse, torture, or violence; and (C) a pregnant or lactating woman; or (3) the parent of a United States citizen minor. (d) Extension to consolidated cases \nIf the Attorney General has consolidated the case of any noncitizen for whom counsel was appointed under subsection (c) with that of any other noncitizen, and such other noncitizen does not have counsel, the counsel appointed under subsection (c) shall be appointed to represent such other noncitizen unless there is a demonstrated conflict of interest.. (2) Rulemaking \nNot later than 180 days after the date of enactment of this Act, the Attorney General shall promulgate regulations to implement subsection (c) of section 292 of the Immigration and Nationality Act, as added by paragraph (1).", "id": "H12938C8DEA7C420AB76D74DDCF4509D7", "header": "Right to counsel", "nested": [], "links": [ { "text": "8 U.S.C. 1362", "legal-doc": "usc", "parsable-cite": "usc/8/1362" } ] }, { "text": "(c) Immigration Counsel Fund \n(1) In general \nChapter 9 of title II of the Immigration and Nationality Act ( 8 U.S.C. 1351 et seq. ) is amended by adding at the end the following: 295. Immigration Counsel Fund \n(a) In general \nThere is established in the general fund of the Treasury a separate account to be known as the Immigration Counsel Fund. (b) Deposits \nNotwithstanding any other provision of this Act, there shall be deposited as offsetting receipts into the Immigration Counsel Account all surcharges collected under subsection (c) for the purpose of providing access to counsel as required or authorized under this Act, to remain available until expended. (c) Surcharge \nIn any case in which a fee is charged pursuant to the immigration laws, a surcharge of $25 shall be imposed and collected. (d) Report \nNot later than 2 years after the date of the enactment of this section, and biennially thereafter, the Secretary of Homeland Security shall submit to Congress a report on the status of the Immigration Counsel Account, including— (1) the balance in the Immigration Counsel Account; and (2) any recommendation with respect to modifications to the surcharge under subsection (c) necessary to ensure that the receipts collected for the subsequent 2 years equal, as closely as possible, the cost of providing access to counsel as required or authorized under this Act.. (2) Table of contents \nThe table of contents for the Immigration and Nationality Act ( 8 U.S.C. 1101 et seq. ) is amended by inserting after the item relating to section 294 the following: Sec. 295. Immigration Counsel Fund..", "id": "HB3F64B62F1A54B478A92C0BC1E10D322", "header": "Immigration Counsel Fund", "nested": [], "links": [ { "text": "8 U.S.C. 1351 et seq.", "legal-doc": "usc", "parsable-cite": "usc/8/1351" }, { "text": "8 U.S.C. 1101 et seq.", "legal-doc": "usc", "parsable-cite": "usc/8/1101" } ] }, { "text": "(d) Motions To reopen \nSection 240(c)(7)(C) of the Immigration and Nationality Act ( 8 U.S.C. 1229a(c)(7)(C) ) is amended by adding at the end the following: (v) Special rule for children and other vulnerable noncitizens \nIf the Attorney General fails to appoint counsel for a noncitizen in violation of section 292(c)— (I) no limitation under this paragraph with respect to the filing of any motion to reopen shall apply to the noncitizen; and (II) the filing of a motion to reopen by the noncitizen shall stay the removal of the noncitizen..", "id": "H033EA617E64B429E9580CE3FCE9CD47B", "header": "Motions To reopen", "nested": [], "links": [ { "text": "8 U.S.C. 1229a(c)(7)(C)", "legal-doc": "usc", "parsable-cite": "usc/8/1229a" } ] } ], "links": [ { "text": "8 U.S.C. 1229a(b)", "legal-doc": "usc", "parsable-cite": "usc/8/1229a" }, { "text": "8 U.S.C. 1362", "legal-doc": "usc", "parsable-cite": "usc/8/1362" }, { "text": "8 U.S.C. 1351 et seq.", "legal-doc": "usc", "parsable-cite": "usc/8/1351" }, { "text": "8 U.S.C. 1101 et seq.", "legal-doc": "usc", "parsable-cite": "usc/8/1101" }, { "text": "8 U.S.C. 1229a(c)(7)(C)", "legal-doc": "usc", "parsable-cite": "usc/8/1229a" } ] }, { "text": "292. Right to counsel \n(a) In general \nIn any proceeding conducted under section 235, 236, 238, 240, 241, or any other section of this Act, and in any appeal proceedings before the Attorney General from any such proceedings, the noncitizen concerned shall have the privilege of being represented by such counsel authorized to practice in such proceedings, as the noncitizen shall choose. (b) Access to counsel \n(1) In general \nThe Attorney General may appoint or provide counsel to a noncitizen in any proceeding conducted under section 235, 236, 238, 240, or 241 or any other section of this Act. (2) Detention and border facilities \nThe Secretary of Homeland Security shall ensure that noncitizens have access to counsel inside all immigration detention and border facilities. (c) Children and vulnerable individuals \nNotwithstanding subsection (b), at the beginning of proceedings or as expeditiously as possible, the Attorney General shall appoint, at the expense of the Government, counsel to represent any noncitizen financially unable to obtain adequate representation in such proceedings, including any noncitizen who has been determined by the Secretary of Homeland Security or the Attorney General to be— (1) a child; (2) a particularly vulnerable individual, including— (A) a person with a disability; (B) a victim of abuse, torture, or violence; and (C) a pregnant or lactating woman; or (3) the parent of a United States citizen minor. (d) Extension to consolidated cases \nIf the Attorney General has consolidated the case of any noncitizen for whom counsel was appointed under subsection (c) with that of any other noncitizen, and such other noncitizen does not have counsel, the counsel appointed under subsection (c) shall be appointed to represent such other noncitizen unless there is a demonstrated conflict of interest.", "id": "H002053CF807B4929B2DA49FB0C57D970", "header": "Right to counsel", "nested": [ { "text": "(a) In general \nIn any proceeding conducted under section 235, 236, 238, 240, 241, or any other section of this Act, and in any appeal proceedings before the Attorney General from any such proceedings, the noncitizen concerned shall have the privilege of being represented by such counsel authorized to practice in such proceedings, as the noncitizen shall choose.", "id": "H309E8E4067A1420E833B447C3E31334D", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Access to counsel \n(1) In general \nThe Attorney General may appoint or provide counsel to a noncitizen in any proceeding conducted under section 235, 236, 238, 240, or 241 or any other section of this Act. (2) Detention and border facilities \nThe Secretary of Homeland Security shall ensure that noncitizens have access to counsel inside all immigration detention and border facilities.", "id": "HED6748AF73F44A06BDDCEE5A07F62F92", "header": "Access to counsel", "nested": [], "links": [] }, { "text": "(c) Children and vulnerable individuals \nNotwithstanding subsection (b), at the beginning of proceedings or as expeditiously as possible, the Attorney General shall appoint, at the expense of the Government, counsel to represent any noncitizen financially unable to obtain adequate representation in such proceedings, including any noncitizen who has been determined by the Secretary of Homeland Security or the Attorney General to be— (1) a child; (2) a particularly vulnerable individual, including— (A) a person with a disability; (B) a victim of abuse, torture, or violence; and (C) a pregnant or lactating woman; or (3) the parent of a United States citizen minor.", "id": "HA4129775BD9D47659EAD6C8809E1CFAD", "header": "Children and vulnerable individuals", "nested": [], "links": [] }, { "text": "(d) Extension to consolidated cases \nIf the Attorney General has consolidated the case of any noncitizen for whom counsel was appointed under subsection (c) with that of any other noncitizen, and such other noncitizen does not have counsel, the counsel appointed under subsection (c) shall be appointed to represent such other noncitizen unless there is a demonstrated conflict of interest.", "id": "HF2E37CF076FD4052858EE8D8B52F5E12", "header": "Extension to consolidated cases", "nested": [], "links": [] } ], "links": [] }, { "text": "295. Immigration Counsel Fund \n(a) In general \nThere is established in the general fund of the Treasury a separate account to be known as the Immigration Counsel Fund. (b) Deposits \nNotwithstanding any other provision of this Act, there shall be deposited as offsetting receipts into the Immigration Counsel Account all surcharges collected under subsection (c) for the purpose of providing access to counsel as required or authorized under this Act, to remain available until expended. (c) Surcharge \nIn any case in which a fee is charged pursuant to the immigration laws, a surcharge of $25 shall be imposed and collected. (d) Report \nNot later than 2 years after the date of the enactment of this section, and biennially thereafter, the Secretary of Homeland Security shall submit to Congress a report on the status of the Immigration Counsel Account, including— (1) the balance in the Immigration Counsel Account; and (2) any recommendation with respect to modifications to the surcharge under subsection (c) necessary to ensure that the receipts collected for the subsequent 2 years equal, as closely as possible, the cost of providing access to counsel as required or authorized under this Act.", "id": "H07FC41EA1A7046FCB7027B02FF922B35", "header": "Immigration Counsel Fund", "nested": [ { "text": "(a) In general \nThere is established in the general fund of the Treasury a separate account to be known as the Immigration Counsel Fund.", "id": "H48405B19267E4C10A3A00F2A90471429", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Deposits \nNotwithstanding any other provision of this Act, there shall be deposited as offsetting receipts into the Immigration Counsel Account all surcharges collected under subsection (c) for the purpose of providing access to counsel as required or authorized under this Act, to remain available until expended.", "id": "H561E9B5AB6D146029EDB22EFC55D4447", "header": "Deposits", "nested": [], "links": [] }, { "text": "(c) Surcharge \nIn any case in which a fee is charged pursuant to the immigration laws, a surcharge of $25 shall be imposed and collected.", "id": "H5E301CB3884C4FC9B2A79BA1C5CE9C51", "header": "Surcharge", "nested": [], "links": [] }, { "text": "(d) Report \nNot later than 2 years after the date of the enactment of this section, and biennially thereafter, the Secretary of Homeland Security shall submit to Congress a report on the status of the Immigration Counsel Account, including— (1) the balance in the Immigration Counsel Account; and (2) any recommendation with respect to modifications to the surcharge under subsection (c) necessary to ensure that the receipts collected for the subsequent 2 years equal, as closely as possible, the cost of providing access to counsel as required or authorized under this Act.", "id": "H938FEDB1017A42F3B140DDE088C15DEF", "header": "Report", "nested": [], "links": [] } ], "links": [] }, { "text": "4107. Facilitating safe and efficient repatriation \n(a) United States support for reintegration \nThe Secretary of State, in consultation with the Secretary and the Administrator of the United States Agency for International Development, shall coordinate with the governments of El Salvador, Guatemala, Honduras, and any other country in Central America the Secretary of State considers appropriate, to promote the successful reintegration of families, unaccompanied noncitizen children, and other noncitizens repatriated to their countries of origin by assisting in the development and funding of programs in such countries that— (1) provide comprehensive reintegration services at the municipal level for repatriated noncitizens, including family reunification and access to medical and psychosocial services; (2) support the establishment of educational and vocational centers for repatriated noncitizens that provide skills training relevant to national and local economic needs; (3) promote the hiring of repatriated noncitizens in the private sector, including through strategic partnerships with specific industries and businesses; (4) support the issuance of appropriate documents to repatriated noncitizens, including identification documents, documents relating to educational attainment, and documents certifying skill attainment; and (5) monitor repatriated unaccompanied noncitizen children to ensure their adequate screening and processing in the United States. (b) Eligibility of citizens and nationals of repatriation country \nParagraphs (1), (2), and (3) of subsection (a) shall not necessarily exclude citizens or nationals of the countries of origin. (c) Consultation with nongovernmental organizations \nIn assisting in the development of programs under subsection (a), the Secretary of State shall consult with nongovernmental organizations in the countries concerned and in the United States that have experience in— (1) integrating repatriated individuals and families; (2) protecting and ensuring the welfare of unaccompanied noncitizen children; and (3) promoting economic development and skills acquisition.", "id": "H6BDCF22D8BB946ABB18A0B7B7CB14CCF", "header": "Facilitating safe and efficient repatriation", "nested": [ { "text": "(a) United States support for reintegration \nThe Secretary of State, in consultation with the Secretary and the Administrator of the United States Agency for International Development, shall coordinate with the governments of El Salvador, Guatemala, Honduras, and any other country in Central America the Secretary of State considers appropriate, to promote the successful reintegration of families, unaccompanied noncitizen children, and other noncitizens repatriated to their countries of origin by assisting in the development and funding of programs in such countries that— (1) provide comprehensive reintegration services at the municipal level for repatriated noncitizens, including family reunification and access to medical and psychosocial services; (2) support the establishment of educational and vocational centers for repatriated noncitizens that provide skills training relevant to national and local economic needs; (3) promote the hiring of repatriated noncitizens in the private sector, including through strategic partnerships with specific industries and businesses; (4) support the issuance of appropriate documents to repatriated noncitizens, including identification documents, documents relating to educational attainment, and documents certifying skill attainment; and (5) monitor repatriated unaccompanied noncitizen children to ensure their adequate screening and processing in the United States.", "id": "HB3621BDDBD79406092E9A6F7DF984963", "header": "United States support for reintegration", "nested": [], "links": [] }, { "text": "(b) Eligibility of citizens and nationals of repatriation country \nParagraphs (1), (2), and (3) of subsection (a) shall not necessarily exclude citizens or nationals of the countries of origin.", "id": "HE0268DED458F494E8C2436A819272CED", "header": "Eligibility of citizens and nationals of repatriation country", "nested": [], "links": [] }, { "text": "(c) Consultation with nongovernmental organizations \nIn assisting in the development of programs under subsection (a), the Secretary of State shall consult with nongovernmental organizations in the countries concerned and in the United States that have experience in— (1) integrating repatriated individuals and families; (2) protecting and ensuring the welfare of unaccompanied noncitizen children; and (3) promoting economic development and skills acquisition.", "id": "H328375DF2597402D8637D389027CA858", "header": "Consultation with nongovernmental organizations", "nested": [], "links": [] } ], "links": [] }, { "text": "4201. Definition of local educational agency \nIn this subtitle, 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 ).", "id": "H2A285A3296F74176ACA1F9B95ACCA021", "header": "Definition of local educational agency", "nested": [], "links": [ { "text": "20 U.S.C. 7801", "legal-doc": "usc", "parsable-cite": "usc/20/7801" } ] }, { "text": "4202. Responsibility of sponsor for immigration court compliance and child well-being \n(a) In general \nThe Secretary of Health and Human Services, in consultation with the Attorney General, shall establish procedures to ensure that a legal orientation program is provided to each sponsor (including parents, legal guardians, and close relatives) of an unaccompanied noncitizen child before the unaccompanied noncitizen child is placed with the sponsor. (b) Program elements \nA program under subsection (a) shall provide information to sponsors regarding each of the following: (1) The basic procedures of immigration hearings. (2) The rights and obligations of the unaccompanied noncitizen child relating to immigration hearings, including the consequences of filing frivolous legal claims and of failing to appear for proceedings. (3) The obligation of the sponsor— (A) to ensure that the unaccompanied noncitizen child appears at immigration court proceedings; (B) to notify the court of any change of address of the unaccompanied noncitizen child and other relevant information; and (C) to address the needs of the unaccompanied noncitizen child, including providing access to health care and enrolling the child in an educational institution. (4) Legal protections available to unaccompanied noncitizen children and the procedures for requesting such protections. (5) Legal resources available to unaccompanied noncitizen children and lists of potential legal services providers. (6) The importance of reporting potential child traffickers and other persons seeking to victimize or exploit unaccompanied noncitizen children, or otherwise engage such unaccompanied noncitizen children in criminal, harmful, or dangerous activity. (7) Any other subject the Secretary of Health and Human Services or the Attorney General considers necessary and appropriate.", "id": "HB4ED8A4D41CD4BC4A87CEE7E7A6237D7", "header": "Responsibility of sponsor for immigration court compliance and child well-being", "nested": [ { "text": "(a) In general \nThe Secretary of Health and Human Services, in consultation with the Attorney General, shall establish procedures to ensure that a legal orientation program is provided to each sponsor (including parents, legal guardians, and close relatives) of an unaccompanied noncitizen child before the unaccompanied noncitizen child is placed with the sponsor.", "id": "H64318D814B63474EBFC5770F46FEB005", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Program elements \nA program under subsection (a) shall provide information to sponsors regarding each of the following: (1) The basic procedures of immigration hearings. (2) The rights and obligations of the unaccompanied noncitizen child relating to immigration hearings, including the consequences of filing frivolous legal claims and of failing to appear for proceedings. (3) The obligation of the sponsor— (A) to ensure that the unaccompanied noncitizen child appears at immigration court proceedings; (B) to notify the court of any change of address of the unaccompanied noncitizen child and other relevant information; and (C) to address the needs of the unaccompanied noncitizen child, including providing access to health care and enrolling the child in an educational institution. (4) Legal protections available to unaccompanied noncitizen children and the procedures for requesting such protections. (5) Legal resources available to unaccompanied noncitizen children and lists of potential legal services providers. (6) The importance of reporting potential child traffickers and other persons seeking to victimize or exploit unaccompanied noncitizen children, or otherwise engage such unaccompanied noncitizen children in criminal, harmful, or dangerous activity. (7) Any other subject the Secretary of Health and Human Services or the Attorney General considers necessary and appropriate.", "id": "H96BF58829BCF4978A6CFF5F8E6885049", "header": "Program elements", "nested": [], "links": [] } ], "links": [] }, { "text": "4203. Funding to school districts for unaccompanied noncitizen children \n(a) Grants authorized \nThe Secretary of Education shall award grants, on a competitive basis, to eligible local educational agencies or consortia of neighboring local educational agencies described in subsection (b), to enable the local educational agencies or consortia to enhance opportunities for, and provide services to, immigrant children, including unaccompanied noncitizen children, in the area served by the local educational agencies or consortia. (b) Eligible local educational agencies \n(1) In general \nA local educational agency or a consortium of neighboring local educational agencies is eligible for a grant under subsection (a) if, during the fiscal year for which a grant is awarded under this section, there are 50 or more unaccompanied noncitizen children enrolled in the public schools served by the local educational agency or the consortium. (2) Determinations of number of unaccompanied noncitizen children \nThe Secretary of Education shall determine the number of unaccompanied noncitizen children for purposes of paragraph (1) based on the most accurate data available that is provided to the Secretary of Education by the Director of the Office of Refugee Resettlement or the Department of Homeland Security. (c) Applications \nA local educational agency or a consortia of neighboring local educational agencies desiring a grant under this section shall submit an application to the Secretary of Education at such time, in such manner, and containing such information as the Secretary of Education may require, including a description of how the grant will be used to enhance opportunities for, and provide services to, immigrant children and youth (including unaccompanied noncitizen children) and their families.", "id": "HB1BE6B4917BC499887734881EE52F8FF", "header": "Funding to school districts for unaccompanied noncitizen children", "nested": [ { "text": "(a) Grants authorized \nThe Secretary of Education shall award grants, on a competitive basis, to eligible local educational agencies or consortia of neighboring local educational agencies described in subsection (b), to enable the local educational agencies or consortia to enhance opportunities for, and provide services to, immigrant children, including unaccompanied noncitizen children, in the area served by the local educational agencies or consortia.", "id": "H4C26334E963548089AB1046637AD1017", "header": "Grants authorized", "nested": [], "links": [] }, { "text": "(b) Eligible local educational agencies \n(1) In general \nA local educational agency or a consortium of neighboring local educational agencies is eligible for a grant under subsection (a) if, during the fiscal year for which a grant is awarded under this section, there are 50 or more unaccompanied noncitizen children enrolled in the public schools served by the local educational agency or the consortium. (2) Determinations of number of unaccompanied noncitizen children \nThe Secretary of Education shall determine the number of unaccompanied noncitizen children for purposes of paragraph (1) based on the most accurate data available that is provided to the Secretary of Education by the Director of the Office of Refugee Resettlement or the Department of Homeland Security.", "id": "HB0A62D771BD541C78161F2602BE7C988", "header": "Eligible local educational agencies", "nested": [], "links": [] }, { "text": "(c) Applications \nA local educational agency or a consortia of neighboring local educational agencies desiring a grant under this section shall submit an application to the Secretary of Education at such time, in such manner, and containing such information as the Secretary of Education may require, including a description of how the grant will be used to enhance opportunities for, and provide services to, immigrant children and youth (including unaccompanied noncitizen children) and their families.", "id": "H8D1C4E13D94647A1840647184DECE570", "header": "Applications", "nested": [], "links": [] } ], "links": [] }, { "text": "4204. School enrollment \nTo be eligible for funding under the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6301 et seq. ), a local educational agency shall take measures— (1) to ensure that an unaccompanied noncitizen child in the area served by the local educational agency is enrolled in school not later than 7 days after the date on which a request for enrollment is made; and (2) to remove barriers to enrollment and full participation in educational programs and services offered by the local educational agency for unaccompanied noncitizen children (including barriers related to documentation, age, and language), which shall include reviewing and revising policies that may have a negative effect on unaccompanied noncitizen children.", "id": "H2A72204484C843CE9F835B08FE087C54", "header": "School enrollment", "nested": [], "links": [ { "text": "20 U.S.C. 6301 et seq.", "legal-doc": "usc", "parsable-cite": "usc/20/6301" } ] }, { "text": "4301. Elimination of time limits on asylum applications \nSection 208(a)(2) of the Immigration and Nationality Act ( 8 U.S.C. 1158(a)(2) ) is amended— (1) in subparagraph (A), by inserting or the Secretary after Attorney General each place it appears; (2) by striking subparagraphs (B) and (D); (3) by redesignating subparagraph (C) as subparagraph (B); (4) in subparagraph (B), as redesignated, by striking subparagraph (D) and inserting subparagraphs (C) and (D) ; and (5) by inserting after subparagraph (B), as redesignated, the following: (C) Changed circumstances \nNotwithstanding subparagraph (B), an application for asylum of a noncitizen may be considered if the noncitizen demonstrates, to the satisfaction of the Attorney General or the Secretary, the existence of changed circumstances that materially affect the noncitizen’s eligibility for asylum. (D) Motion to reopen certain meritorious claims \nNotwithstanding subparagraph (B) of section 240(c)(7), during the 2-year period beginning on the date of the enactment of this Act, a noncitizen may file a motion to reopen an asylum claim or a motion to reopen removal proceedings to reapply for asylum as relief from removal if the noncitizen— (i) was denied asylum based solely on a failure to meet the 1-year application filing deadline in effect on the date on which the application was filed; (ii) was granted withholding of removal to the noncitizen’s country of nationality (or, in the case of a person having no nationality, to the country of last habitual residence) under section 241(b)(3); (iii) has not obtained lawful permanent residence in the United States pursuant to any other provision of law; (iv) is not subject to the safe third country exception under subparagraph (A) or to a bar to asylum under subsection (b)(2); and (v) was not denied asylum as a matter of discretion..", "id": "H8CFD5B5FE0444BA58F3C5B0752860A34", "header": "Elimination of time limits on asylum applications", "nested": [], "links": [ { "text": "8 U.S.C. 1158(a)(2)", "legal-doc": "usc", "parsable-cite": "usc/8/1158" } ] }, { "text": "4302. Increasing annual numerical limitation on U visas \nSection 214(p) of the Immigration and Nationality Act ( 8 U.S.C. 1184(p) ) is amended in paragraph (2)(A) by striking 10,000 and inserting 30,000.", "id": "H18D123F272B34EE7B164D4F30213F5D7", "header": "Increasing annual numerical limitation on U visas", "nested": [], "links": [ { "text": "8 U.S.C. 1184(p)", "legal-doc": "usc", "parsable-cite": "usc/8/1184" } ] }, { "text": "4303. Employment authorization for asylum seekers and other individuals \n(a) Asylum seekers \nSection 208(d)(2) of the Immigration and Nationality Act ( 8 U.S.C. 1158(d)(2) ) is amended to read as follows: (2) Employment authorization \n(A) Eligibility \nThe Secretary of Homeland Security shall authorize employment for an applicant for asylum who is not in detention and whose application for asylum has not been determined to be frivolous. (B) Application \n(i) In general \nAn applicant for asylum (unless otherwise eligible for employment authorization) shall not be granted employment authorization under this paragraph until the end of a period of days determined by the Secretary of Homeland Security by regulation, but which shall not exceed 180 days, after the filing of the application for asylum. (ii) Date of filing \nFor purposes of this subparagraph, an application for asylum shall be considered to be filed on the date on which the applicant submits the application to the Secretary of Homeland Security or the Attorney General, as applicable. (C) Term \nEmployment authorization for an applicant for asylum shall be valid until the date on which there is a final denial of the asylum application, including any administrative or judicial review.. (b) Individuals granted withholding of removal or applying for withholding of removal \nSection 241(b)(3) of the Immigration and Nationality Act ( 8 U.S.C. 1231(b)(3) ) is amended by adding at the end the following: (D) Employment authorization \n(i) In general \nThe Secretary of Homeland Security shall authorize employment for a noncitizen who is not in detention and who has been granted— (I) withholding of removal under this paragraph; or (II) withholding or deferral of removal under the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, done at New York December 10, 1984. (ii) Term \nEmployment authorization for a noncitizen described in clause (i) shall be— (I) valid for a period of 2 years; and (II) renewable for additional 2-year periods for the duration of such withholding or deferral of removal status.. (iii) Applicant eligibility \n(I) In general \nThe Secretary of Homeland Security shall authorize employment for a noncitizen who is not in detention, and whose application for withholding of removal under this paragraph or withholding or deferral of removal under the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, done at New York December 10, 1984, has not been determined to be frivolous. (II) Application \n(aa) In general \nA noncitizen described in subclause (I) shall not be granted employment authorization under this clause until the end of a period of days determined by the Secretary of Homeland Security by regulation, but which shall not exceed 180 days, after the filing of an application described in such subclause. (bb) Date of filing \nFor purposes of this clause, an application under subclause (I) shall be considered to be filed on the date on which the applicant submits the application to the Attorney General. (III) Term \nEmployment authorization for a noncitizen described in subclause (I) shall be valid until the date on which there is a final denial of the application under subclause (I), including any administrative or judicial review..", "id": "H80ED382271A240578A3D4D5588DC52A1", "header": "Employment authorization for asylum seekers and other individuals", "nested": [ { "text": "(a) Asylum seekers \nSection 208(d)(2) of the Immigration and Nationality Act ( 8 U.S.C. 1158(d)(2) ) is amended to read as follows: (2) Employment authorization \n(A) Eligibility \nThe Secretary of Homeland Security shall authorize employment for an applicant for asylum who is not in detention and whose application for asylum has not been determined to be frivolous. (B) Application \n(i) In general \nAn applicant for asylum (unless otherwise eligible for employment authorization) shall not be granted employment authorization under this paragraph until the end of a period of days determined by the Secretary of Homeland Security by regulation, but which shall not exceed 180 days, after the filing of the application for asylum. (ii) Date of filing \nFor purposes of this subparagraph, an application for asylum shall be considered to be filed on the date on which the applicant submits the application to the Secretary of Homeland Security or the Attorney General, as applicable. (C) Term \nEmployment authorization for an applicant for asylum shall be valid until the date on which there is a final denial of the asylum application, including any administrative or judicial review..", "id": "HEFBE733C12BA46F49474A824C45529C1", "header": "Asylum seekers", "nested": [], "links": [ { "text": "8 U.S.C. 1158(d)(2)", "legal-doc": "usc", "parsable-cite": "usc/8/1158" } ] }, { "text": "(b) Individuals granted withholding of removal or applying for withholding of removal \nSection 241(b)(3) of the Immigration and Nationality Act ( 8 U.S.C. 1231(b)(3) ) is amended by adding at the end the following: (D) Employment authorization \n(i) In general \nThe Secretary of Homeland Security shall authorize employment for a noncitizen who is not in detention and who has been granted— (I) withholding of removal under this paragraph; or (II) withholding or deferral of removal under the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, done at New York December 10, 1984. (ii) Term \nEmployment authorization for a noncitizen described in clause (i) shall be— (I) valid for a period of 2 years; and (II) renewable for additional 2-year periods for the duration of such withholding or deferral of removal status.. (iii) Applicant eligibility \n(I) In general \nThe Secretary of Homeland Security shall authorize employment for a noncitizen who is not in detention, and whose application for withholding of removal under this paragraph or withholding or deferral of removal under the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, done at New York December 10, 1984, has not been determined to be frivolous. (II) Application \n(aa) In general \nA noncitizen described in subclause (I) shall not be granted employment authorization under this clause until the end of a period of days determined by the Secretary of Homeland Security by regulation, but which shall not exceed 180 days, after the filing of an application described in such subclause. (bb) Date of filing \nFor purposes of this clause, an application under subclause (I) shall be considered to be filed on the date on which the applicant submits the application to the Attorney General. (III) Term \nEmployment authorization for a noncitizen described in subclause (I) shall be valid until the date on which there is a final denial of the application under subclause (I), including any administrative or judicial review..", "id": "HBA2D5E106F2049DF9A6C87D58EEA8337", "header": "Individuals granted withholding of removal or applying for withholding of removal", "nested": [], "links": [ { "text": "8 U.S.C. 1231(b)(3)", "legal-doc": "usc", "parsable-cite": "usc/8/1231" } ] } ], "links": [ { "text": "8 U.S.C. 1158(d)(2)", "legal-doc": "usc", "parsable-cite": "usc/8/1158" }, { "text": "8 U.S.C. 1231(b)(3)", "legal-doc": "usc", "parsable-cite": "usc/8/1231" } ] }, { "text": "4304. Enhanced protection for individuals seeking T visas, U visas, and protection under VAWA \n(a) Employment authorization for T visa applicants \nSection 214(o) ( 8 U.S.C. 1184(o) ) is amended by adding at the end the following: (8) Notwithstanding any provision of this Act relating to eligibility for employment in the United States, the Secretary of Homeland Security shall grant employment authorization to a noncitizen who has filed a nonfrivolous application for nonimmigrant status under section 101(a)(15)(T), which authorization shall begin on the date that is the earlier of— (A) the date on which the noncitizen’s application for such status is approved; or (B) a date determined by the Secretary that is not later than 180 days after the date on which the noncitizen filed the application.. (b) Increased accessibility and employment authorization for U visa applicants \nSection 214(p) of the Immigration and Nationality Act ( 8 U.S.C. 1184(p) ) is amended— (1) in paragraph (6), by striking the last sentence; and (2) by adding at the end the following: (8) Employment authorization \nNotwithstanding any provision of this Act relating to eligibility for employment in the United States, the Secretary of Homeland Security shall grant employment authorization to a noncitizen who has filed an application for nonimmigrant status under section 101(a)(15)(U), which authorization shall begin on the date that is the earlier of— (A) the date on which the noncitizen’s petition for such status is approved; or (B) a date determined by the Secretary that is not later than 180 days after the date on which the noncitizen filed the petition.. (c) Prohibition on removal of certain victims with pending petitions and applications \n(1) In general \nSection 240 of the Immigration and Nationality Act ( 8 U.S.C. 1229a ) is amended— (A) by redesignating subsection (e) as subsection (f); and (B) by inserting after subsection (d) the following: (e) Prohibition on removal of certain victims with pending petitions and applications \n(1) In general \nA noncitizen described in paragraph (2) shall not be removed from the United States under this section or any other provision of law until the date on which there is a final denial of the noncitizen’s application for status, including any administrative or judicial review. (2) Noncitizens described \nA noncitizen described in this paragraph is a noncitizen who— (A) has a pending nonfrivolous application or petition under— (i) subparagraph (T) or (U) of section 101(a)(15); (ii) section 106; (iii) section 240A(b)(2); or (iv) section 244(a)(3) (as in effect on March 31, 1997); or (B) is a VAWA self-petitioner, as defined in section 101(a)(51), and has a pending application for relief under a provision referred to in any of subparagraphs (A) through (G) of such section.. (2) Conforming amendment \nSection 240(b)(7) of the Immigration and Nationality Act ( 8 U.S.C. 1229a(b)(7) ) is amended by striking subsection (e)(1) and inserting subsection (f)(1). (d) Prohibition on detention of certain victims with pending petitions and applications \nSection 236 of the Immigration and Nationality Act ( 8 U.S.C. 1226 ) is amended by adding at the end the following: (f) Detention of certain victims with pending petitions and applications \n(1) Presumption of release \n(A) In general \nNotwithstanding any other provision of this Act, there shall be a presumption that a noncitizen described in paragraph (2) should be released from detention. (B) Rebuttal \nThe Secretary of Homeland Security may rebut the presumption of release based on clear and convincing evidence, including credible and individualized information, that— (i) the use of alternatives to detention will not reasonably ensure the appearance of the noncitizen at removal proceedings; or (ii) the noncitizen is a threat to another person or the community. (C) Pending criminal charge \nA pending criminal charge against a noncitizen may not be the sole factor to justify the continued detention of the noncitizen. (2) Noncitizen described \nA noncitizen described in this paragraph is a noncitizen who— (A) has a pending application, which has not been found to be frivolous, under— (i) subparagraph (T) or (U) of section 101(a)(15); (ii) section 106; (iii) section 240A(b)(2); or (iv) section 244(a)(3) (as in effect on March 31, 1997); or (B) is a VAWA self-petitioner, as defined in section 101(a)(51), has a pending petition for relief, and can demonstrate prima facie eligibility under a provision referred to in any of subparagraphs (A) through (G) of such section..", "id": "H347E6D37046D448E8BFEC3F3DD219161", "header": "Enhanced protection for individuals seeking T visas, U visas, and protection under VAWA", "nested": [ { "text": "(a) Employment authorization for T visa applicants \nSection 214(o) ( 8 U.S.C. 1184(o) ) is amended by adding at the end the following: (8) Notwithstanding any provision of this Act relating to eligibility for employment in the United States, the Secretary of Homeland Security shall grant employment authorization to a noncitizen who has filed a nonfrivolous application for nonimmigrant status under section 101(a)(15)(T), which authorization shall begin on the date that is the earlier of— (A) the date on which the noncitizen’s application for such status is approved; or (B) a date determined by the Secretary that is not later than 180 days after the date on which the noncitizen filed the application..", "id": "HF91E539D632644A9B66AE9B52C793394", "header": "Employment authorization for T visa applicants", "nested": [], "links": [ { "text": "8 U.S.C. 1184(o)", "legal-doc": "usc", "parsable-cite": "usc/8/1184" } ] }, { "text": "(b) Increased accessibility and employment authorization for U visa applicants \nSection 214(p) of the Immigration and Nationality Act ( 8 U.S.C. 1184(p) ) is amended— (1) in paragraph (6), by striking the last sentence; and (2) by adding at the end the following: (8) Employment authorization \nNotwithstanding any provision of this Act relating to eligibility for employment in the United States, the Secretary of Homeland Security shall grant employment authorization to a noncitizen who has filed an application for nonimmigrant status under section 101(a)(15)(U), which authorization shall begin on the date that is the earlier of— (A) the date on which the noncitizen’s petition for such status is approved; or (B) a date determined by the Secretary that is not later than 180 days after the date on which the noncitizen filed the petition..", "id": "HCC36E5D5C77E4E35A1B71B9ED4C84C18", "header": "Increased accessibility and employment authorization for U visa applicants", "nested": [], "links": [ { "text": "8 U.S.C. 1184(p)", "legal-doc": "usc", "parsable-cite": "usc/8/1184" } ] }, { "text": "(c) Prohibition on removal of certain victims with pending petitions and applications \n(1) In general \nSection 240 of the Immigration and Nationality Act ( 8 U.S.C. 1229a ) is amended— (A) by redesignating subsection (e) as subsection (f); and (B) by inserting after subsection (d) the following: (e) Prohibition on removal of certain victims with pending petitions and applications \n(1) In general \nA noncitizen described in paragraph (2) shall not be removed from the United States under this section or any other provision of law until the date on which there is a final denial of the noncitizen’s application for status, including any administrative or judicial review. (2) Noncitizens described \nA noncitizen described in this paragraph is a noncitizen who— (A) has a pending nonfrivolous application or petition under— (i) subparagraph (T) or (U) of section 101(a)(15); (ii) section 106; (iii) section 240A(b)(2); or (iv) section 244(a)(3) (as in effect on March 31, 1997); or (B) is a VAWA self-petitioner, as defined in section 101(a)(51), and has a pending application for relief under a provision referred to in any of subparagraphs (A) through (G) of such section.. (2) Conforming amendment \nSection 240(b)(7) of the Immigration and Nationality Act ( 8 U.S.C. 1229a(b)(7) ) is amended by striking subsection (e)(1) and inserting subsection (f)(1).", "id": "H3C4CECA5B18A4842B3F2B04249B86C22", "header": "Prohibition on removal of certain victims with pending petitions and applications", "nested": [], "links": [ { "text": "8 U.S.C. 1229a", "legal-doc": "usc", "parsable-cite": "usc/8/1229a" }, { "text": "8 U.S.C. 1229a(b)(7)", "legal-doc": "usc", "parsable-cite": "usc/8/1229a" } ] }, { "text": "(d) Prohibition on detention of certain victims with pending petitions and applications \nSection 236 of the Immigration and Nationality Act ( 8 U.S.C. 1226 ) is amended by adding at the end the following: (f) Detention of certain victims with pending petitions and applications \n(1) Presumption of release \n(A) In general \nNotwithstanding any other provision of this Act, there shall be a presumption that a noncitizen described in paragraph (2) should be released from detention. (B) Rebuttal \nThe Secretary of Homeland Security may rebut the presumption of release based on clear and convincing evidence, including credible and individualized information, that— (i) the use of alternatives to detention will not reasonably ensure the appearance of the noncitizen at removal proceedings; or (ii) the noncitizen is a threat to another person or the community. (C) Pending criminal charge \nA pending criminal charge against a noncitizen may not be the sole factor to justify the continued detention of the noncitizen. (2) Noncitizen described \nA noncitizen described in this paragraph is a noncitizen who— (A) has a pending application, which has not been found to be frivolous, under— (i) subparagraph (T) or (U) of section 101(a)(15); (ii) section 106; (iii) section 240A(b)(2); or (iv) section 244(a)(3) (as in effect on March 31, 1997); or (B) is a VAWA self-petitioner, as defined in section 101(a)(51), has a pending petition for relief, and can demonstrate prima facie eligibility under a provision referred to in any of subparagraphs (A) through (G) of such section..", "id": "H4BE1913C01894CD3A4CBE3765BE006A9", "header": "Prohibition on detention of certain victims with pending petitions and applications", "nested": [], "links": [ { "text": "8 U.S.C. 1226", "legal-doc": "usc", "parsable-cite": "usc/8/1226" } ] } ], "links": [ { "text": "8 U.S.C. 1184(o)", "legal-doc": "usc", "parsable-cite": "usc/8/1184" }, { "text": "8 U.S.C. 1184(p)", "legal-doc": "usc", "parsable-cite": "usc/8/1184" }, { "text": "8 U.S.C. 1229a", "legal-doc": "usc", "parsable-cite": "usc/8/1229a" }, { "text": "8 U.S.C. 1229a(b)(7)", "legal-doc": "usc", "parsable-cite": "usc/8/1229a" }, { "text": "8 U.S.C. 1226", "legal-doc": "usc", "parsable-cite": "usc/8/1226" } ] }, { "text": "4305. Alternatives to detention \nSection 236 of the Immigration and Nationality Act ( 8 U.S.C. 1226 ), as amended by section 4304, is further amended by adding at the end the following: (g) Alternatives to detention \n(1) In general \nThe Secretary of Homeland Security shall establish programs that provide alternatives to detaining noncitizens, which shall offer a continuum of supervision mechanisms and options, including community-based supervision programs and community support. (2) Contracts with nongovernmental organizations \nThe Secretary of Homeland Security may contract with nongovernmental community-based organizations to provide services for programs under paragraph (1), including case management services, appearance assistance services, and screening of detained noncitizens..", "id": "HB3CDEF1094D9469CBC56DD206681A3D9", "header": "Alternatives to detention", "nested": [], "links": [ { "text": "8 U.S.C. 1226", "legal-doc": "usc", "parsable-cite": "usc/8/1226" } ] }, { "text": "4306. Notification of proceedings \n(a) Written record of address \nSection 239(a) of the Immigration and Nationality Act ( 8 U.S.C. 1229(a) ) is amended— (1) in paragraph (1)(F), by inserting the Secretary of Homeland Security or before the Attorney General each place such term appears; and (2) in paragraph (2)(A) by striking the noncitizen or to the noncitizen’s counsel of record and inserting the noncitizen and to the noncitizen’s counsel of record.", "id": "HCE7F1A5537204370B512463ED7C826CF", "header": "Notification of proceedings", "nested": [ { "text": "(a) Written record of address \nSection 239(a) of the Immigration and Nationality Act ( 8 U.S.C. 1229(a) ) is amended— (1) in paragraph (1)(F), by inserting the Secretary of Homeland Security or before the Attorney General each place such term appears; and (2) in paragraph (2)(A) by striking the noncitizen or to the noncitizen’s counsel of record and inserting the noncitizen and to the noncitizen’s counsel of record.", "id": "HD25F78AE5CE141AEB3F42EF82C6A2564", "header": "Written record of address", "nested": [], "links": [ { "text": "8 U.S.C. 1229(a)", "legal-doc": "usc", "parsable-cite": "usc/8/1229" } ] } ], "links": [ { "text": "8 U.S.C. 1229(a)", "legal-doc": "usc", "parsable-cite": "usc/8/1229" } ] }, { "text": "4307. Conversion of certain petitions \nSection 2 of Public Law 110–242 ( 8 U.S.C. 1101 note) is amended by striking subsection (b) and inserting the following: (b) Duration \nThe authority under subsection (a) shall expire on the date on which the numerical limitation specified under section 1244(c) of the National Defense Authorization Act for Fiscal Year 2008 ( Public Law 110–181 ; 8 U.S.C. 1157 note) is reached..", "id": "H665918A3162C4A3390A6C639516FF917", "header": "Conversion of certain petitions", "nested": [], "links": [ { "text": "Public Law 110–242", "legal-doc": "public-law", "parsable-cite": "pl/110/242" }, { "text": "8 U.S.C. 1101", "legal-doc": "usc", "parsable-cite": "usc/8/1101" }, { "text": "Public Law 110–181", "legal-doc": "public-law", "parsable-cite": "pl/110/181" }, { "text": "8 U.S.C. 1157", "legal-doc": "usc", "parsable-cite": "usc/8/1157" } ] }, { "text": "4308. Improvements to application process for Afghan special immigrant visas \nSubsection (b) of section 602 of the Afghan Allies Protection Act of 2009 ( 8 U.S.C. 1101 note) is amended— (1) in paragraph (2)(A)(ii), by inserting for the first time after September 30, 2015 ; and (2) in paragraph (4)(A), by inserting , including Chief of Mission approval, after so that all steps.", "id": "H33C1D6FA166E4274AB342D6A1765D10D", "header": "Improvements to application process for Afghan special immigrant visas", "nested": [], "links": [ { "text": "8 U.S.C. 1101", "legal-doc": "usc", "parsable-cite": "usc/8/1101" } ] }, { "text": "4309. Special immigrant status for certain surviving spouses and children \n(a) In general \nSection 101(a)(27)(D) of the Immigration and Nationality Act ( 8 U.S.C. 1101(a)(27)(D) ) is amended— (1) by striking an immigrant who is an employee and inserting the following: “an immigrant who— (i) is an employee ; and (2) by striking grant such status; and inserting the following: “grant such status; or (ii) is the surviving spouse or child of an employee of the United States Government abroad: Provided , That the employee performed faithful service for a total of not less than 15 years or was killed in the line of duty;. (b) Special immigrant status for surviving spouses and children \n(1) In general \nSection 602(b)(2)(C) of the Afghan Allies Protection Act of 2009 ( 8 U.S.C. 1101 note) is amended— (A) in clause (ii), by redesignating subclauses (I) and (II) as items (aa) and (bb), respectively; (B) by redesignating clauses (i) and (ii) as subclauses (I) and (II), respectively, and moving such subclauses 2 ems to the right; (C) in the matter preceding subclause (I), as redesignated, by striking An alien is described and inserting the following: (i) In general \nA noncitizen is described ; (D) in clause (i)(I), as redesignated, by striking who had a petition for classification approved and inserting who had submitted an application to the Chief of Mission ; and (E) by adding at the end the following: (ii) Employment requirements \nAn application by a surviving spouse or child of a principal noncitizen shall be subject to employment requirements set forth in subparagraph (A) as of the date of the principal noncitizen’s filing of an application for the first time, or if no application has been filed, the employment requirements as of the date of the principal noncitizen’s death.. (2) Conforming amendments \nSection 602 of the Afghan Allies Protection Act of 2009 ( 8 U.S.C. 1101 note) is amended— (A) in the paragraph and subparagraph headings, by striking Aliens each place it appears and inserting Noncitizens ; (B) by striking an alien each place it appears and inserting a noncitizen ; (C) by striking An alien each place it appears and inserting A noncitizen ; (D) by striking alien each place it appears and inserting noncitizen ; (E) by striking aliens each place it appears and inserting noncitizens ; and (F) by striking alien's each place it appears and inserting noncitizen's. (c) Special immigrant status for certain iraqis \n(1) In general \nSection 1244(b)(3) of the Refugee Crisis in Iraq Act of 2007 ( 8 U.S.C. 1157 note) is amended— (A) by striking described in subsection (b) and inserting in this subsection ; (B) in subparagraph (B), by redesignating clauses (i) and (ii) as subclauses (I) and (II), respectively, and moving such subclauses 2 ems to the right; (C) by redesignating subparagraphs (A) and (B) as clauses (i) and (ii), respectively, and moving such clauses 2 ems to the right; (D) in the matter preceding clause (i), as redesignated, by striking An alien is described and inserting the following: (A) In general \nA noncitizen is described ; (E) in subparagraph (A)(i), as redesignated, by striking who had a petition for classification approved and inserting who submitted an application to the Chief of Mission ; and (F) by adding at the end the following: (B) Employment requirements \nAn application by a surviving spouse or child of a principal noncitizen shall be subject to employment requirements set forth in paragraph (1) as of the date of the principal noncitizen’s filing of an application for the first time, or if the principal noncitizen did not file an application, the employment requirements as of the date of the principal noncitizen’s death.. (2) Conforming amendments \nThe Refugee Crisis in Iraq Act of 2007 ( 8 U.S.C. 1157 note) is amended by— (A) in the subsection headings, by striking Aliens each place it appears and inserting Noncitizens ; (B) in the paragraph headings, by striking Aliens each place it appears and inserting Noncitizens ; (C) by striking an alien each place it appears and inserting a noncitizen ; (D) by striking An alien each place it appears and inserting A noncitizen ; (E) by striking alien each place it appears and inserting noncitizen ; (F) by striking aliens each place it appears and inserting noncitizens ; and (G) by striking alien's each place it appears and inserting noncitizen's. (d) Effective date \nThe amendments made by this section shall be effective on the date of the enactment of this Act and shall have retroactive effect.", "id": "HFC3162CCAA9844ACB2E4CE5E6860E131", "header": "Special immigrant status for certain surviving spouses and children", "nested": [ { "text": "(a) In general \nSection 101(a)(27)(D) of the Immigration and Nationality Act ( 8 U.S.C. 1101(a)(27)(D) ) is amended— (1) by striking an immigrant who is an employee and inserting the following: “an immigrant who— (i) is an employee ; and (2) by striking grant such status; and inserting the following: “grant such status; or (ii) is the surviving spouse or child of an employee of the United States Government abroad: Provided , That the employee performed faithful service for a total of not less than 15 years or was killed in the line of duty;.", "id": "H5C46D4CFA4FA4238B6FD8DE3F1F1A401", "header": "In general", "nested": [], "links": [ { "text": "8 U.S.C. 1101(a)(27)(D)", "legal-doc": "usc", "parsable-cite": "usc/8/1101" } ] }, { "text": "(b) Special immigrant status for surviving spouses and children \n(1) In general \nSection 602(b)(2)(C) of the Afghan Allies Protection Act of 2009 ( 8 U.S.C. 1101 note) is amended— (A) in clause (ii), by redesignating subclauses (I) and (II) as items (aa) and (bb), respectively; (B) by redesignating clauses (i) and (ii) as subclauses (I) and (II), respectively, and moving such subclauses 2 ems to the right; (C) in the matter preceding subclause (I), as redesignated, by striking An alien is described and inserting the following: (i) In general \nA noncitizen is described ; (D) in clause (i)(I), as redesignated, by striking who had a petition for classification approved and inserting who had submitted an application to the Chief of Mission ; and (E) by adding at the end the following: (ii) Employment requirements \nAn application by a surviving spouse or child of a principal noncitizen shall be subject to employment requirements set forth in subparagraph (A) as of the date of the principal noncitizen’s filing of an application for the first time, or if no application has been filed, the employment requirements as of the date of the principal noncitizen’s death.. (2) Conforming amendments \nSection 602 of the Afghan Allies Protection Act of 2009 ( 8 U.S.C. 1101 note) is amended— (A) in the paragraph and subparagraph headings, by striking Aliens each place it appears and inserting Noncitizens ; (B) by striking an alien each place it appears and inserting a noncitizen ; (C) by striking An alien each place it appears and inserting A noncitizen ; (D) by striking alien each place it appears and inserting noncitizen ; (E) by striking aliens each place it appears and inserting noncitizens ; and (F) by striking alien's each place it appears and inserting noncitizen's.", "id": "H7D4F938FA71F4432BFB115C3E34B3BC3", "header": "Special immigrant status for surviving spouses and children", "nested": [], "links": [ { "text": "8 U.S.C. 1101", "legal-doc": "usc", "parsable-cite": "usc/8/1101" }, { "text": "8 U.S.C. 1101", "legal-doc": "usc", "parsable-cite": "usc/8/1101" } ] }, { "text": "(c) Special immigrant status for certain iraqis \n(1) In general \nSection 1244(b)(3) of the Refugee Crisis in Iraq Act of 2007 ( 8 U.S.C. 1157 note) is amended— (A) by striking described in subsection (b) and inserting in this subsection ; (B) in subparagraph (B), by redesignating clauses (i) and (ii) as subclauses (I) and (II), respectively, and moving such subclauses 2 ems to the right; (C) by redesignating subparagraphs (A) and (B) as clauses (i) and (ii), respectively, and moving such clauses 2 ems to the right; (D) in the matter preceding clause (i), as redesignated, by striking An alien is described and inserting the following: (A) In general \nA noncitizen is described ; (E) in subparagraph (A)(i), as redesignated, by striking who had a petition for classification approved and inserting who submitted an application to the Chief of Mission ; and (F) by adding at the end the following: (B) Employment requirements \nAn application by a surviving spouse or child of a principal noncitizen shall be subject to employment requirements set forth in paragraph (1) as of the date of the principal noncitizen’s filing of an application for the first time, or if the principal noncitizen did not file an application, the employment requirements as of the date of the principal noncitizen’s death.. (2) Conforming amendments \nThe Refugee Crisis in Iraq Act of 2007 ( 8 U.S.C. 1157 note) is amended by— (A) in the subsection headings, by striking Aliens each place it appears and inserting Noncitizens ; (B) in the paragraph headings, by striking Aliens each place it appears and inserting Noncitizens ; (C) by striking an alien each place it appears and inserting a noncitizen ; (D) by striking An alien each place it appears and inserting A noncitizen ; (E) by striking alien each place it appears and inserting noncitizen ; (F) by striking aliens each place it appears and inserting noncitizens ; and (G) by striking alien's each place it appears and inserting noncitizen's.", "id": "H978B49CD46E745F08C0A1AE1CB993244", "header": "Special immigrant status for certain iraqis", "nested": [], "links": [ { "text": "8 U.S.C. 1157", "legal-doc": "usc", "parsable-cite": "usc/8/1157" }, { "text": "8 U.S.C. 1157", "legal-doc": "usc", "parsable-cite": "usc/8/1157" } ] }, { "text": "(d) Effective date \nThe amendments made by this section shall be effective on the date of the enactment of this Act and shall have retroactive effect.", "id": "H6BB1A6F7F1F74A6A89D0E3312AF871DD", "header": "Effective date", "nested": [], "links": [] } ], "links": [ { "text": "8 U.S.C. 1101(a)(27)(D)", "legal-doc": "usc", "parsable-cite": "usc/8/1101" }, { "text": "8 U.S.C. 1101", "legal-doc": "usc", "parsable-cite": "usc/8/1101" }, { "text": "8 U.S.C. 1101", "legal-doc": "usc", "parsable-cite": "usc/8/1101" }, { "text": "8 U.S.C. 1157", "legal-doc": "usc", "parsable-cite": "usc/8/1157" }, { "text": "8 U.S.C. 1157", "legal-doc": "usc", "parsable-cite": "usc/8/1157" } ] }, { "text": "4310. Special immigrant status for certain Syrians who worked for the United States Government in Syria \n(a) In general \nSubject to subsection (c)(1), for purposes of the Immigration and Nationality Act ( 8 U.S.C. 1101 et seq. ), the Secretary may provide any noncitizen described in subsection (b) with the status of a special immigrant under section 101(a)(27) of that Act ( 8 U.S.C. 1101(a)(27) ) if— (1) the noncitizen, or an agent acting on behalf of the noncitizen, submits a petition to the Secretary under section 204 of that Act ( 8 U.S.C. 1154 ) for classification under section 203(b)(4) of that Act ( 8 U.S.C. 1153(b)(4) ); (2) the noncitizen is otherwise eligible to receive an immigrant visa; (3) the noncitizen is otherwise admissible to the United States for permanent residence (excluding the grounds for inadmissibility specified in section 212(a)(4) of that Act ( 8 U.S.C. 1182(a)(4) )), except that an applicant for admission to the United States under this section may not be considered inadmissible based solely on membership in, participation in, or support provided to, the Syrian Democratic Forces or other partner organizations, as determined by the Secretary of Defense; and (4) the noncitizen clears a background check and appropriate screening, as determined by the Secretary. (b) Noncitizens described \nA noncitizen described in this subsection is a noncitizen who— (1) (A) is a citizen or national of Syria or a stateless person who has habitually resided in Syria; (B) was employed by or on behalf of (including under a contract, cooperative agreement or grant with) the United States Government in Syria, for a period of not less than 1 year beginning on January 1, 2014; and (C) obtained a favorable written recommendation from a U.S. citizen supervisor who was in the chain of command of the United States Armed Forces unit or U.S. Government entity that was supported by the noncitizen; or (2) (A) is the spouse or a child of a principal noncitizen described in paragraph (1); and (B) (i) is following or accompanying to join the principal noncitizen in the United States; or (ii) due to the death of the principal noncitizen, a petition to follow or accompany to join the principal noncitizen in the United States— (I) was or would be revoked, terminated, or otherwise rendered null; and (II) would have been approved if the principal noncitizen had survived. (c) Numerical limitations \n(1) In general \nExcept as otherwise provided in this subsection, the total number of principal noncitizens who may be provided special immigrant status under this section may not exceed 5,000 in any of the first 5 fiscal years beginning after the date of the enactment of this Act. (2) Exemption from numerical limitations \nNoncitizens provided special immigrant status under this section shall not be counted against any numerical limitation under section 201(d), 202(a), or 203(b)(4) of the Immigration and Nationality Act ( 8 U.S.C. 1151(d) , 1152(a), and 1153(b)(4)). (3) Carry forward \nIf the numerical limitation set forth in paragraph (1) is not reached during a fiscal year, the numerical limitation under such paragraph for the following fiscal year shall be increased by a number equal to the difference between— (A) the number of visas authorized under paragraph (1) for such fiscal year; and (B) the number of principal noncitizens provided special immigrant status under this section during such fiscal year. (d) Visa fees and travel document issuance \n(1) In general \nA noncitizen described in subsection (b) may not be charged any fee in connection with an application for, or the issuance of, a special immigrant visa under this section. (2) The Secretary of State shall ensure that a noncitizen who is issued a special immigrant visa under this section is provided with an appropriate travel document necessary for admission to the United States. (e) Protection of noncitizens \nThe Secretary of State, in consultation with the head of any other appropriate Federal agency, shall make a reasonable effort to provide protection to each noncitizen described in subsection (b) who is seeking special immigrant status under this section or to immediately remove such noncitizen from Syria, if possible, if the Secretary of State determines, after consultation, that such noncitizen is in imminent danger. (f) Application process \n(1) Representation \nA noncitizen applying for admission to the United States as a special immigrant under this section may be represented during the application process, including for relevant interviews and examinations, by an attorney or other accredited representative. Such representation shall not be at the expense of the United States Government. (2) Completion \n(A) In general \nThe Secretary of State and the Secretary, in consultation with the Secretary of Defense, shall ensure that applications for special immigrant visas under this section are processed in such a manner so as to ensure that all steps under the control of the respective departments incidental to the issuance of such visas, including required screenings and background checks, are completed not later than 270 days after the date on which an eligible noncitizen submits all required materials to apply for such visa. (B) Rule of construction \nNotwithstanding subparagraph (A), the Secretary of State, the Secretary, or the Secretary of Defense may take longer than 270 days to complete the steps incidental to issuing a visa under this section if the Secretary of State, the Secretary, or the Secretary of Defense, or a designee— (i) determines that the satisfaction of national security concerns requires additional time; and (ii) notifies the applicant of such determination. (3) Appeal \nA noncitizen whose petition for status as a special immigrant is rejected or revoked— (A) shall receive a written decision that provides, to the maximum extent feasible, information describing the basis for the denial, including the facts and inferences underlying the individual determination; and (B) shall be provided not more than 1 written appeal per rejection or denial, which— (i) shall be submitted to the authority that issued the denial not more than 120 days after the date on which the applicant receives a decision pursuant to subparagraph (A); (ii) may request the reopening of such decision; and (iii) shall provide additional information, clarify existing information, or explain any unfavorable information. (g) Eligibility for other immigrant classification \nA noncitizen may not be denied the opportunity to apply for admission under this section solely because such noncitizen— (1) qualifies as an immediate relative of a citizen of the United States; or (2) is eligible for admission to the United States under any other immigrant classification. (h) Processing mechanisms \nThe Secretary of State shall use existing refugee processing mechanisms in Iraq and in other countries, as appropriate, in the region in which noncitizens described in subsection (b) may apply and interview for admission to the United States as special immigrants. (i) Resettlement support \nA noncitizen who is granted special immigrant status under this section shall be eligible for the same resettlement assistance, entitlement programs, and other benefits as are available to refugees admitted under section 207 of the Immigration and Nationality Act ( 8 U.S.C. 1157 ). (j) Authority To carry out administrative measures \nThe Secretary, the Secretary of State, and the Secretary of Defense shall implement any additional administrative measures they consider necessary and appropriate— (1) to ensure the prompt processing of applications under this section; (2) to preserve the integrity of the program established under this section; and (3) to protect the national security interests of the United States related to such program. (k) Report to Congress \n(1) In general \nNot later than January 30 each year, the Inspector General of the Department of State shall submit a report on the implementation of the Syrian special immigrant status program under this section for the preceding calendar year to— (A) the Committee on the Judiciary, the Committee on Foreign Relations, and the Committee on Armed Services of the Senate; and (B) the Committee on the Judiciary, the Committee on Foreign Affairs, and the Committee on Armed Services of the House of Representatives. (2) Elements \nEach report required by paragraph (1) shall include, for the applicable calendar year, the following: (A) The number of petitions filed under such program. (B) The number of such petitions pending adjudication. (C) The number of such petitions pending visa interview. (D) The number of such petitions pending security checks. (E) The number of such petitions that were denied. (F) The number of cases under such program that have exceeded the mandated processing time and relevant case numbers. (G) A description of any obstacle discovered that would hinder effective implementation of such program. (3) Consultation \nIn preparing a report under subsection (a), the Inspector General shall consult with— (A) the Department of State, Bureau of Consular Affairs, Visa Office; (B) the Department of State, Bureau of Near Eastern Affairs and South and Central Asian Affairs, Executive Office; (C) the Department of Homeland Security, U.S. Citizenship and Immigration Services; (D) the Department of Defense; and (E) nongovernmental organizations providing legal aid in the special immigrant visa application process. (4) Form \nEach report required by paragraph (1) shall be submitted in unclassified form, but may include a classified annex. (5) Publication \nEach report submitted under this subsection shall be made available to the public on the internet website of the Department of State. (l) Rulemaking \nNot later than 90 days after the date of the enactment of this Act, the Secretary, in consultation with the Secretary of Defense and the Secretary of State, shall promulgate regulations to carry out this section, including establishing requirements for background checks. (m) Savings provision \nNothing in this section may be construed to affect the authority of the Secretary under section 1059 of the National Defense Authorization Act for Fiscal Year 2006 ( Public Law 109–163 ; 8 U.S.C. 1101 note).", "id": "H2CDE7D2A6EA74026A7649BCC818ABED7", "header": "Special immigrant status for certain Syrians who worked for the United States Government in Syria", "nested": [ { "text": "(a) In general \nSubject to subsection (c)(1), for purposes of the Immigration and Nationality Act ( 8 U.S.C. 1101 et seq. ), the Secretary may provide any noncitizen described in subsection (b) with the status of a special immigrant under section 101(a)(27) of that Act ( 8 U.S.C. 1101(a)(27) ) if— (1) the noncitizen, or an agent acting on behalf of the noncitizen, submits a petition to the Secretary under section 204 of that Act ( 8 U.S.C. 1154 ) for classification under section 203(b)(4) of that Act ( 8 U.S.C. 1153(b)(4) ); (2) the noncitizen is otherwise eligible to receive an immigrant visa; (3) the noncitizen is otherwise admissible to the United States for permanent residence (excluding the grounds for inadmissibility specified in section 212(a)(4) of that Act ( 8 U.S.C. 1182(a)(4) )), except that an applicant for admission to the United States under this section may not be considered inadmissible based solely on membership in, participation in, or support provided to, the Syrian Democratic Forces or other partner organizations, as determined by the Secretary of Defense; and (4) the noncitizen clears a background check and appropriate screening, as determined by the Secretary.", "id": "HE02B81E67B54498AAC2EA9142587D621", "header": "In general", "nested": [], "links": [ { "text": "8 U.S.C. 1101 et seq.", "legal-doc": "usc", "parsable-cite": "usc/8/1101" }, { "text": "8 U.S.C. 1101(a)(27)", "legal-doc": "usc", "parsable-cite": "usc/8/1101" }, { "text": "8 U.S.C. 1154", "legal-doc": "usc", "parsable-cite": "usc/8/1154" }, { "text": "8 U.S.C. 1153(b)(4)", "legal-doc": "usc", "parsable-cite": "usc/8/1153" }, { "text": "8 U.S.C. 1182(a)(4)", "legal-doc": "usc", "parsable-cite": "usc/8/1182" } ] }, { "text": "(b) Noncitizens described \nA noncitizen described in this subsection is a noncitizen who— (1) (A) is a citizen or national of Syria or a stateless person who has habitually resided in Syria; (B) was employed by or on behalf of (including under a contract, cooperative agreement or grant with) the United States Government in Syria, for a period of not less than 1 year beginning on January 1, 2014; and (C) obtained a favorable written recommendation from a U.S. citizen supervisor who was in the chain of command of the United States Armed Forces unit or U.S. Government entity that was supported by the noncitizen; or (2) (A) is the spouse or a child of a principal noncitizen described in paragraph (1); and (B) (i) is following or accompanying to join the principal noncitizen in the United States; or (ii) due to the death of the principal noncitizen, a petition to follow or accompany to join the principal noncitizen in the United States— (I) was or would be revoked, terminated, or otherwise rendered null; and (II) would have been approved if the principal noncitizen had survived.", "id": "H5CEF6C6903814DA3A7A87B40CE140151", "header": "Noncitizens described", "nested": [], "links": [] }, { "text": "(c) Numerical limitations \n(1) In general \nExcept as otherwise provided in this subsection, the total number of principal noncitizens who may be provided special immigrant status under this section may not exceed 5,000 in any of the first 5 fiscal years beginning after the date of the enactment of this Act. (2) Exemption from numerical limitations \nNoncitizens provided special immigrant status under this section shall not be counted against any numerical limitation under section 201(d), 202(a), or 203(b)(4) of the Immigration and Nationality Act ( 8 U.S.C. 1151(d) , 1152(a), and 1153(b)(4)). (3) Carry forward \nIf the numerical limitation set forth in paragraph (1) is not reached during a fiscal year, the numerical limitation under such paragraph for the following fiscal year shall be increased by a number equal to the difference between— (A) the number of visas authorized under paragraph (1) for such fiscal year; and (B) the number of principal noncitizens provided special immigrant status under this section during such fiscal year.", "id": "HDA7BF99612F94FD1872856B1B1A4FAC6", "header": "Numerical limitations", "nested": [], "links": [ { "text": "8 U.S.C. 1151(d)", "legal-doc": "usc", "parsable-cite": "usc/8/1151" } ] }, { "text": "(d) Visa fees and travel document issuance \n(1) In general \nA noncitizen described in subsection (b) may not be charged any fee in connection with an application for, or the issuance of, a special immigrant visa under this section. (2) The Secretary of State shall ensure that a noncitizen who is issued a special immigrant visa under this section is provided with an appropriate travel document necessary for admission to the United States.", "id": "HAC4F1E8508F24C3E82D68B9528673F70", "header": "Visa fees and travel document issuance", "nested": [], "links": [] }, { "text": "(e) Protection of noncitizens \nThe Secretary of State, in consultation with the head of any other appropriate Federal agency, shall make a reasonable effort to provide protection to each noncitizen described in subsection (b) who is seeking special immigrant status under this section or to immediately remove such noncitizen from Syria, if possible, if the Secretary of State determines, after consultation, that such noncitizen is in imminent danger.", "id": "H64AB9CFB613A47DF95AAF74E6E2BE095", "header": "Protection of noncitizens", "nested": [], "links": [] }, { "text": "(f) Application process \n(1) Representation \nA noncitizen applying for admission to the United States as a special immigrant under this section may be represented during the application process, including for relevant interviews and examinations, by an attorney or other accredited representative. Such representation shall not be at the expense of the United States Government. (2) Completion \n(A) In general \nThe Secretary of State and the Secretary, in consultation with the Secretary of Defense, shall ensure that applications for special immigrant visas under this section are processed in such a manner so as to ensure that all steps under the control of the respective departments incidental to the issuance of such visas, including required screenings and background checks, are completed not later than 270 days after the date on which an eligible noncitizen submits all required materials to apply for such visa. (B) Rule of construction \nNotwithstanding subparagraph (A), the Secretary of State, the Secretary, or the Secretary of Defense may take longer than 270 days to complete the steps incidental to issuing a visa under this section if the Secretary of State, the Secretary, or the Secretary of Defense, or a designee— (i) determines that the satisfaction of national security concerns requires additional time; and (ii) notifies the applicant of such determination. (3) Appeal \nA noncitizen whose petition for status as a special immigrant is rejected or revoked— (A) shall receive a written decision that provides, to the maximum extent feasible, information describing the basis for the denial, including the facts and inferences underlying the individual determination; and (B) shall be provided not more than 1 written appeal per rejection or denial, which— (i) shall be submitted to the authority that issued the denial not more than 120 days after the date on which the applicant receives a decision pursuant to subparagraph (A); (ii) may request the reopening of such decision; and (iii) shall provide additional information, clarify existing information, or explain any unfavorable information.", "id": "H96A977BADFA74F77A16E1A62370C358A", "header": "Application process", "nested": [], "links": [] }, { "text": "(g) Eligibility for other immigrant classification \nA noncitizen may not be denied the opportunity to apply for admission under this section solely because such noncitizen— (1) qualifies as an immediate relative of a citizen of the United States; or (2) is eligible for admission to the United States under any other immigrant classification.", "id": "HCC95487AD5D54BC8876CB7384ECF2DF8", "header": "Eligibility for other immigrant classification", "nested": [], "links": [] }, { "text": "(h) Processing mechanisms \nThe Secretary of State shall use existing refugee processing mechanisms in Iraq and in other countries, as appropriate, in the region in which noncitizens described in subsection (b) may apply and interview for admission to the United States as special immigrants.", "id": "HF4980EA0F6594C91A5F70FD76727651B", "header": "Processing mechanisms", "nested": [], "links": [] }, { "text": "(i) Resettlement support \nA noncitizen who is granted special immigrant status under this section shall be eligible for the same resettlement assistance, entitlement programs, and other benefits as are available to refugees admitted under section 207 of the Immigration and Nationality Act ( 8 U.S.C. 1157 ).", "id": "HCE729F13ADE346A6A447115558502D57", "header": "Resettlement support", "nested": [], "links": [ { "text": "8 U.S.C. 1157", "legal-doc": "usc", "parsable-cite": "usc/8/1157" } ] }, { "text": "(j) Authority To carry out administrative measures \nThe Secretary, the Secretary of State, and the Secretary of Defense shall implement any additional administrative measures they consider necessary and appropriate— (1) to ensure the prompt processing of applications under this section; (2) to preserve the integrity of the program established under this section; and (3) to protect the national security interests of the United States related to such program.", "id": "H783C47641D83434E81A70D23C44184EC", "header": "Authority To carry out administrative measures", "nested": [], "links": [] }, { "text": "(k) Report to Congress \n(1) In general \nNot later than January 30 each year, the Inspector General of the Department of State shall submit a report on the implementation of the Syrian special immigrant status program under this section for the preceding calendar year to— (A) the Committee on the Judiciary, the Committee on Foreign Relations, and the Committee on Armed Services of the Senate; and (B) the Committee on the Judiciary, the Committee on Foreign Affairs, and the Committee on Armed Services of the House of Representatives. (2) Elements \nEach report required by paragraph (1) shall include, for the applicable calendar year, the following: (A) The number of petitions filed under such program. (B) The number of such petitions pending adjudication. (C) The number of such petitions pending visa interview. (D) The number of such petitions pending security checks. (E) The number of such petitions that were denied. (F) The number of cases under such program that have exceeded the mandated processing time and relevant case numbers. (G) A description of any obstacle discovered that would hinder effective implementation of such program. (3) Consultation \nIn preparing a report under subsection (a), the Inspector General shall consult with— (A) the Department of State, Bureau of Consular Affairs, Visa Office; (B) the Department of State, Bureau of Near Eastern Affairs and South and Central Asian Affairs, Executive Office; (C) the Department of Homeland Security, U.S. Citizenship and Immigration Services; (D) the Department of Defense; and (E) nongovernmental organizations providing legal aid in the special immigrant visa application process. (4) Form \nEach report required by paragraph (1) shall be submitted in unclassified form, but may include a classified annex. (5) Publication \nEach report submitted under this subsection shall be made available to the public on the internet website of the Department of State.", "id": "H96DC354F9378494EAD890588719499A2", "header": "Report to Congress", "nested": [], "links": [] }, { "text": "(l) Rulemaking \nNot later than 90 days after the date of the enactment of this Act, the Secretary, in consultation with the Secretary of Defense and the Secretary of State, shall promulgate regulations to carry out this section, including establishing requirements for background checks.", "id": "H7EF7BBF62D094A4984F6BF654CEEB78E", "header": "Rulemaking", "nested": [], "links": [] }, { "text": "(m) Savings provision \nNothing in this section may be construed to affect the authority of the Secretary under section 1059 of the National Defense Authorization Act for Fiscal Year 2006 ( Public Law 109–163 ; 8 U.S.C. 1101 note).", "id": "HBA77372BD2464B1699ED624010812CD0", "header": "Savings provision", "nested": [], "links": [ { "text": "Public Law 109–163", "legal-doc": "public-law", "parsable-cite": "pl/109/163" }, { "text": "8 U.S.C. 1101", "legal-doc": "usc", "parsable-cite": "usc/8/1101" } ] } ], "links": [ { "text": "8 U.S.C. 1101 et seq.", "legal-doc": "usc", "parsable-cite": "usc/8/1101" }, { "text": "8 U.S.C. 1101(a)(27)", "legal-doc": "usc", "parsable-cite": "usc/8/1101" }, { "text": "8 U.S.C. 1154", "legal-doc": "usc", "parsable-cite": "usc/8/1154" }, { "text": "8 U.S.C. 1153(b)(4)", "legal-doc": "usc", "parsable-cite": "usc/8/1153" }, { "text": "8 U.S.C. 1182(a)(4)", "legal-doc": "usc", "parsable-cite": "usc/8/1182" }, { "text": "8 U.S.C. 1151(d)", "legal-doc": "usc", "parsable-cite": "usc/8/1151" }, { "text": "8 U.S.C. 1157", "legal-doc": "usc", "parsable-cite": "usc/8/1157" }, { "text": "Public Law 109–163", "legal-doc": "public-law", "parsable-cite": "pl/109/163" }, { "text": "8 U.S.C. 1101", "legal-doc": "usc", "parsable-cite": "usc/8/1101" } ] }, { "text": "4311. Authorization of appropriations \nThere are authorized to be appropriated such sums as may be necessary to carry out this subtitle and the amendments made by this subtitle, including, in addition to annual funds derived from fee accounts of U.S. Citizenship and Immigration Services, such sums as may be necessary to reduce the backlog of asylum applications to the Refugee, Asylum and International Operations Directorate.", "id": "H09AC1F746A5A4F2089459BF6F13600EC", "header": "Authorization of appropriations", "nested": [], "links": [] }, { "text": "5101. Commission on Employment Authorization \n(a) Establishment \nNot later than the date that is 180 days after the date of the enactment of this Act, the President, in conjunction with the President pro tempore of the Senate and the Speaker of the House of Representatives, shall establish the Employment Authorization Commission (referred to in this section as the Commission ). (b) Composition \n(1) In general \nThe Commission shall be composed of 10 members, of whom— (A) 6 members shall be appointed by the President and shall include representatives of the employer, labor, and civil rights communities; (B) 2 members shall be appointed by the President pro tempore of the Senate, of whom— (i) 1 shall be appointed upon the recommendation of the leader in the Senate to represent the interests of employees who experience discrimination in the course of their employer or potential employer’s verification of their employment authorization; and (ii) 1 shall be appointed upon the recommendation of the leader in the Senate to represent the interests of employers; and (C) 2 members shall be appointed by the Speaker of the House of Representatives, of whom— (i) 1 shall be appointed upon the recommendation of the leader in the House of Representatives to represent the interests of employees who experience discrimination in the course of their employer or potential employer’s verification of their employment authorization; and (ii) 1 shall be appointed upon the recommendation of the leader in the House of Representatives to represent the interests of employers. (2) Qualifications for appointment \nThe members of the Commission shall be distinguished individuals who are noted for their knowledge and experience in the field of employment verification. (3) Time of appointment \nThe appointments required under paragraph (1) shall be made not later than 180 days after the date of the enactment of this Act. (4) Chair \nAt the first meeting of the Commission, a majority of the members of the Commission present and voting, including at least 6 members of the Commission, shall elect the Chair of the Commission. (5) Vacancies \nAny vacancy of the Commission shall not affect its powers, but shall be filled in the manner in which the original appointment was made. (6) Rules and procedures \n(A) Establishment \nThe Commission shall establish the rules and procedures of the Commission, which shall require the approval of at least 6 members of the Commission. (B) Recommendations and decisions \nAll recommendations and decisions of the Commission shall require the approval of at least 6 members of the Commission. Individual members may provide minority or dissenting opinions. (c) Duties \n(1) In general \nThe Commission shall— (A) make recommendations to the President, the Secretary, and Congress regarding policies to verify the eligibility of noncitizens for employment in the United States; (B) evaluate methods for verification of employment eligibility that respect— (i) the rights of employment-authorized individuals to work in the United States; and (ii) the freedom from discrimination based on race or national origin of all workers; and (C) review error rates for the E-Verify program, including the impact on various populations by national origin, race, gender, and socioeconomic background. (2) Public hearings \n(A) In general \nThe Commission shall convene at least 1 public hearing on verification for employment of foreign nationals in the United States. (B) Report \nThe Commission shall provide a summary of each hearing convened pursuant to subparagraph (A) to the President, the Secretary, and Congress. (d) Access to information \nThe Immigrant and Employee Rights Section of the Department of Justice shall furnish information to the Commission regarding employee complaints, mediations, and investigations involving the employment eligibility verification practices of employers. (e) Report \nNot later than 180 days after all members of the Commission have been appointed pursuant to subsection (b), the Commission shall submit a report to the President, the Secretary, and Congress that includes— (1) specific policy recommendations for achieving and maintaining the goals specified in subsection (c); (2) recommendations for improvements to existing employment verification systems, such as the I–9 process and E-Verify, to ensure that workers are not denied employment on the basis of false positives. (f) Travel expenses \nMembers of the Commission shall be allowed travel expenses, including per diem in lieu of subsistence at rates authorized for employees of agencies under subchapter I of chapter 57 of title 5, United States Code, while away from their homes or regular places of business in the performance of services for the Commission. (g) Administrative support \nThe Secretary shall provide the Commission such staff and administrative services as may be necessary and appropriate for the Commission to perform its functions. Any employee of the executive branch of Government may be detailed to the Commission without reimbursement to the agency of that employee and such detail shall be without interruption or loss of civil service or status or privilege. (h) Comptroller General review \nThe Comptroller General of the United States shall review the recommendations in the report submitted pursuant to subsection (e) to determine— (1) which recommendations are most likely to improve existing employment verification systems; and (2) whether such recommendations are feasible within existing budget constraints. (i) Termination \nThe Commission shall terminate on the date that is 2 years after the date of the enactment of this Act.", "id": "HA2C4C6EDA85B445EA26D7E3D06B83469", "header": "Commission on Employment Authorization", "nested": [ { "text": "(a) Establishment \nNot later than the date that is 180 days after the date of the enactment of this Act, the President, in conjunction with the President pro tempore of the Senate and the Speaker of the House of Representatives, shall establish the Employment Authorization Commission (referred to in this section as the Commission ).", "id": "H73112AB95CDD43C780C488814C1D4DB0", "header": "Establishment", "nested": [], "links": [] }, { "text": "(b) Composition \n(1) In general \nThe Commission shall be composed of 10 members, of whom— (A) 6 members shall be appointed by the President and shall include representatives of the employer, labor, and civil rights communities; (B) 2 members shall be appointed by the President pro tempore of the Senate, of whom— (i) 1 shall be appointed upon the recommendation of the leader in the Senate to represent the interests of employees who experience discrimination in the course of their employer or potential employer’s verification of their employment authorization; and (ii) 1 shall be appointed upon the recommendation of the leader in the Senate to represent the interests of employers; and (C) 2 members shall be appointed by the Speaker of the House of Representatives, of whom— (i) 1 shall be appointed upon the recommendation of the leader in the House of Representatives to represent the interests of employees who experience discrimination in the course of their employer or potential employer’s verification of their employment authorization; and (ii) 1 shall be appointed upon the recommendation of the leader in the House of Representatives to represent the interests of employers. (2) Qualifications for appointment \nThe members of the Commission shall be distinguished individuals who are noted for their knowledge and experience in the field of employment verification. (3) Time of appointment \nThe appointments required under paragraph (1) shall be made not later than 180 days after the date of the enactment of this Act. (4) Chair \nAt the first meeting of the Commission, a majority of the members of the Commission present and voting, including at least 6 members of the Commission, shall elect the Chair of the Commission. (5) Vacancies \nAny vacancy of the Commission shall not affect its powers, but shall be filled in the manner in which the original appointment was made. (6) Rules and procedures \n(A) Establishment \nThe Commission shall establish the rules and procedures of the Commission, which shall require the approval of at least 6 members of the Commission. (B) Recommendations and decisions \nAll recommendations and decisions of the Commission shall require the approval of at least 6 members of the Commission. Individual members may provide minority or dissenting opinions.", "id": "HA060804EC5924D528218040BB9C888FC", "header": "Composition", "nested": [], "links": [] }, { "text": "(c) Duties \n(1) In general \nThe Commission shall— (A) make recommendations to the President, the Secretary, and Congress regarding policies to verify the eligibility of noncitizens for employment in the United States; (B) evaluate methods for verification of employment eligibility that respect— (i) the rights of employment-authorized individuals to work in the United States; and (ii) the freedom from discrimination based on race or national origin of all workers; and (C) review error rates for the E-Verify program, including the impact on various populations by national origin, race, gender, and socioeconomic background. (2) Public hearings \n(A) In general \nThe Commission shall convene at least 1 public hearing on verification for employment of foreign nationals in the United States. (B) Report \nThe Commission shall provide a summary of each hearing convened pursuant to subparagraph (A) to the President, the Secretary, and Congress.", "id": "H820D12E0EF254BE7A711CF1391AD247F", "header": "Duties", "nested": [], "links": [] }, { "text": "(d) Access to information \nThe Immigrant and Employee Rights Section of the Department of Justice shall furnish information to the Commission regarding employee complaints, mediations, and investigations involving the employment eligibility verification practices of employers.", "id": "H5C3DCFD64CE1457B8666433FC3FB0316", "header": "Access to information", "nested": [], "links": [] }, { "text": "(e) Report \nNot later than 180 days after all members of the Commission have been appointed pursuant to subsection (b), the Commission shall submit a report to the President, the Secretary, and Congress that includes— (1) specific policy recommendations for achieving and maintaining the goals specified in subsection (c); (2) recommendations for improvements to existing employment verification systems, such as the I–9 process and E-Verify, to ensure that workers are not denied employment on the basis of false positives.", "id": "H81253A995CAB46EBB55C90D2CCDB5760", "header": "Report", "nested": [], "links": [] }, { "text": "(f) Travel expenses \nMembers of the Commission shall be allowed travel expenses, including per diem in lieu of subsistence at rates authorized for employees of agencies under subchapter I of chapter 57 of title 5, United States Code, while away from their homes or regular places of business in the performance of services for the Commission.", "id": "H73E250A5A50A4FF2979035BC1A365A65", "header": "Travel expenses", "nested": [], "links": [ { "text": "chapter 57", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/5/57" } ] }, { "text": "(g) Administrative support \nThe Secretary shall provide the Commission such staff and administrative services as may be necessary and appropriate for the Commission to perform its functions. Any employee of the executive branch of Government may be detailed to the Commission without reimbursement to the agency of that employee and such detail shall be without interruption or loss of civil service or status or privilege.", "id": "HAFE492DA974D4143ABB3BB3FA5604FDE", "header": "Administrative support", "nested": [], "links": [] }, { "text": "(h) Comptroller General review \nThe Comptroller General of the United States shall review the recommendations in the report submitted pursuant to subsection (e) to determine— (1) which recommendations are most likely to improve existing employment verification systems; and (2) whether such recommendations are feasible within existing budget constraints.", "id": "H28DBFAC6F2B74303B585299E8B56A84F", "header": "Comptroller General review", "nested": [], "links": [] }, { "text": "(i) Termination \nThe Commission shall terminate on the date that is 2 years after the date of the enactment of this Act.", "id": "HBC50E62038F94F6AA7AFFA5BE3A924C2", "header": "Termination", "nested": [], "links": [] } ], "links": [ { "text": "chapter 57", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/5/57" } ] }, { "text": "5102. Power Act \n(a) Protection for victims of labor and employment violations \nSection 101(a)(15)(U) of the Immigration and Nationality Act ( 8 U.S.C. 1101(a)(15)(U) ) is amended— (1) in clause (i)— (A) by amending subclause (I) to read as follows: (I) the noncitizen— (aa) has suffered substantial abuse or harm as a result of having been a victim of criminal activity described in clause (iii); (bb) has suffered substantial abuse or harm related to a violation described in clause (iv); (cc) is a victim of criminal activity described in clause (iii) and would suffer extreme hardship upon removal; or (dd) has suffered a violation described in clause (iv) and would suffer extreme hardship upon removal; ; (B) in subclause (II), by inserting , or a labor or employment violation resulting in a workplace claim described in clause (iv) before the semicolon at the end; (C) in subclause (III)— (i) by striking or State judge, to the Service and inserting , State, or local judge, to the Department of Homeland Security, to the Equal Employment Opportunity Commission, to the Department of Labor, to the National Labor Relations Board ; and (ii) by inserting , or investigating, prosecuting, or seeking civil remedies for a labor or employment violation related to a workplace claim described in clause (iv) before the semicolon at the end; and (D) in subclause (IV)— (i) by inserting (aa) after (IV) ; (ii) by inserting or after the semicolon at the end; and (iii) by adding at the end the following: (bb) a workplace claim described in clause (iv) resulted from a labor or employment violation; ; (2) in clause (ii)(II), by striking and at the end; (3) in clause (iii), by striking or at the end and inserting and ; and (4) by adding at the end the following: (iv) if the labor or employment violation related to a workplace claim, the noncitizen— (I) has filed, is a material witness in, or is likely to be helpful in the investigation of, a bona fide workplace claim (as defined in section 274A(e)(10)(B)(i)(II)); and (II) reasonably fears, has been threatened with, or has been the victim of, an action involving force, physical restraint, retaliation, or abuse of the immigration or other legal process against the noncitizen or another person by the employer in relation to acts underlying the workplace claim or related to the filing of the workplace claim; or. (b) Requirements applicable to U nonimmigrant visas \nSection 214(p) of the Immigration and Nationality Act ( 8 U.S.C. 1184(p) ), as amended by section 4304, is further amended— (1) in paragraph (1)— (A) by striking The petition and inserting the following: (A) In general \nThe petition ; (B) by inserting or investigating, prosecuting, or seeking civil remedies for workplace claims described in section 101(a)(15)(U)(iv) after section 101(a)(15)(U)(iii) each place such term appears; and (C) by adding at the end the following: (B) Fees \nA noncitizen petitioning for, or having status under, section 101(a)(15)(U) may not be required to submit any fee (or request any fee waiver) in connection with such petition or status, including fees associated with biometric services or an application for advance permission to enter as a nonimmigrant. (C) Confidentiality of information \nThe Secretary of Homeland Security and the Attorney General may not use the information furnished pursuant to a petition for status under section 101(a)(15)(U) for purposes of initiating or carrying out a removal proceeding. ; (2) in paragraph (6)— (A) by inserting or workplace claims described in section 101(a)(15)(U)(iv) after described in section 101(a)(15)(U)(iii) ; and (B) by inserting or workplace claim after prosecution of such criminal activity ; and (3) by adding at the end the following: (9) Temporary protection for victims of crime, labor, and employment violations \nNotwithstanding any other provision of law, the Secretary of Homeland Security may permit a noncitizen to temporarily remain in the United States, and grant such noncitizen employment authorization, if the Secretary determines that the noncitizen— (A) has filed for relief under section 101(a)(15)(U); or (B) (i) has filed, or is a material witness to, a bona fide workplace claim (as defined in section 274A(e)(10)(B)(i)(II)); and (ii) has been helpful, is being helpful, or is likely to be helpful to— (I) a Federal, State, or local law enforcement official; (II) a Federal, State, or local prosecutor; (III) a Federal, State, or local judge; (IV) the Department of Homeland Security; (V) the Equal Employment Opportunity Commission; (VI) the Department of Labor, including the Occupational Safety and Health Administration; (VII) the National Labor Relations Board; (VIII) the head official of a State or local government department of labor, workforce commission, or human relations commission or council; or (IX) other Federal, State, or local authorities investigating, prosecuting, or seeking civil remedies related to the workplace claim.. (c) Removal proceedings \nSection 239(e) of the Immigration and Nationality Act ( 8 U.S.C. 1229(e) ) is amended— (1) in paragraph (1)— (A) by striking In cases where and inserting If ; and (B) by inserting or as a result of information provided to the Department of Homeland Security in retaliation against individuals for exercising or attempting to exercise their employment rights or other legal rights after paragraph (2) ; and (2) in paragraph (2), by adding at the end the following: (C) At a facility about which a workplace claim has been filed or is contemporaneously filed.. (d) Adjustment of status for victims of crimes \nSection 245(m)(1) of the Immigration and Nationality Act ( 8 U.S.C. 1255(m)(1) ) is amended— (1) in the matter preceding subparagraph (A), by inserting The before Secretary of Homeland Security ; and (2) by inserting or an investigation or prosecution regarding a workplace claim after prosecution. (e) Unlawful employment of noncitizens \nSection 274A(e) of the Immigration and Nationality Act ( 8 U.S.C. 1324a(e) ) is amended by adding at the end the following: (10) Conduct in enforcement actions \n(A) Definitions \nIn this paragraph: (i) Material witness \nThe term material witness means an individual who presents a declaration from an attorney investigating, prosecuting, or defending the workplace claim or from the presiding officer overseeing the workplace claim attesting that, to the best of the declarant’s knowledge and belief, reasonable cause exists to believe that the testimony of the individual will be relevant to the outcome of the workplace claim. (ii) Workplace claim \nThe term workplace claim means any written or oral claim, charge, complaint, or grievance filed with, communicated to, or submitted to the employer, a Federal, State, or local agency or court, or an employee representative related to the violation of applicable Federal, State, and local labor laws, including laws concerning wages and hours, labor relations, family and medical leave, occupational health and safety, civil rights, or nondiscrimination. (B) Enforcement action \nIf the Secretary of Homeland Security conducts an enforcement action at a facility about which a workplace claim has been filed or is contemporaneously filed, or as a result of information provided to the Department of Homeland Security in retaliation against employees for exercising their rights related to a workplace claim, the Secretary shall ensure that— (i) any noncitizens arrested or detained who are necessary for the investigation or prosecution of workplace claim violations or criminal activity (as described in subparagraph (T) or (U) of section 101(a)(15)) are not removed from the United States until after the Secretary— (I) notifies the appropriate law enforcement agency with jurisdiction over such violations or criminal activity; and (II) provides such agency with the opportunity to interview such noncitizens; and (ii) noncitizens entitled to a stay of removal or abeyance of removal proceedings under this section are not removed. (C) Protections for victims of crime, labor, and employment violations \n(i) Stay of removal or abeyance of removal proceedings \nAny noncitizen against whom removal proceedings have been initiated under chapter 4 of title II, who has filed a workplace claim, who is a material witness in any pending or anticipated proceeding involving a bona fide workplace claim, or who has filed for relief under section 101(a)(15)(U), shall be entitled to a stay of removal or an abeyance of removal proceedings and to employment authorization until the later of the resolution of the workplace claim or the denial of relief under section 101(a)(15)(U) after exhaustion of administrative appeals unless the Secretary establishes, by a preponderance of the evidence in proceedings before the immigration judge presiding over such noncitizen’s removal hearing, that— (I) the noncitizen has been convicted of a felony or; (II) the workplace claim was filed in bad faith with the intent to delay or avoid the noncitizen’s removal. (ii) Duration \nAny stay of removal or abeyance of removal proceedings and employment authorization issued pursuant to clause (i)— (I) shall remain valid until the resolution of the workplace claim or the denial of relief under section 101(a)(15)(U) after the exhaustion of administrative appeals; and (II) shall be extended by the Secretary of Homeland Security for a period not to exceed 10 additional years upon determining that— (aa) such relief would enable the noncitizen asserting a workplace claim to pursue the claim to resolution; (bb) the deterrent goals of any statute underlying a workplace claim would be served; or (cc) such extension would otherwise further the interests of justice.. (f) Change of nonimmigrant classification \nSection 384(a)(1) of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 ( 8 U.S.C. 1367(a)(1) ) is amended— (1) in subparagraph (E), by striking physical or mental abuse and the criminal activity, and inserting abuse and the criminal activity or workplace claim; ; (2) in subparagraph (F), by striking the comma at the end and inserting ; or ; and (3) by inserting after subparagraph (F) the following: (G) the noncitizen’s employer,.", "id": "H3106479B3051497D99FEF9185BF13B41", "header": "Power Act", "nested": [ { "text": "(a) Protection for victims of labor and employment violations \nSection 101(a)(15)(U) of the Immigration and Nationality Act ( 8 U.S.C. 1101(a)(15)(U) ) is amended— (1) in clause (i)— (A) by amending subclause (I) to read as follows: (I) the noncitizen— (aa) has suffered substantial abuse or harm as a result of having been a victim of criminal activity described in clause (iii); (bb) has suffered substantial abuse or harm related to a violation described in clause (iv); (cc) is a victim of criminal activity described in clause (iii) and would suffer extreme hardship upon removal; or (dd) has suffered a violation described in clause (iv) and would suffer extreme hardship upon removal; ; (B) in subclause (II), by inserting , or a labor or employment violation resulting in a workplace claim described in clause (iv) before the semicolon at the end; (C) in subclause (III)— (i) by striking or State judge, to the Service and inserting , State, or local judge, to the Department of Homeland Security, to the Equal Employment Opportunity Commission, to the Department of Labor, to the National Labor Relations Board ; and (ii) by inserting , or investigating, prosecuting, or seeking civil remedies for a labor or employment violation related to a workplace claim described in clause (iv) before the semicolon at the end; and (D) in subclause (IV)— (i) by inserting (aa) after (IV) ; (ii) by inserting or after the semicolon at the end; and (iii) by adding at the end the following: (bb) a workplace claim described in clause (iv) resulted from a labor or employment violation; ; (2) in clause (ii)(II), by striking and at the end; (3) in clause (iii), by striking or at the end and inserting and ; and (4) by adding at the end the following: (iv) if the labor or employment violation related to a workplace claim, the noncitizen— (I) has filed, is a material witness in, or is likely to be helpful in the investigation of, a bona fide workplace claim (as defined in section 274A(e)(10)(B)(i)(II)); and (II) reasonably fears, has been threatened with, or has been the victim of, an action involving force, physical restraint, retaliation, or abuse of the immigration or other legal process against the noncitizen or another person by the employer in relation to acts underlying the workplace claim or related to the filing of the workplace claim; or.", "id": "H58B439017AC943F2A38D635169741E2D", "header": "Protection for victims of labor and employment violations", "nested": [], "links": [ { "text": "8 U.S.C. 1101(a)(15)(U)", "legal-doc": "usc", "parsable-cite": "usc/8/1101" } ] }, { "text": "(b) Requirements applicable to U nonimmigrant visas \nSection 214(p) of the Immigration and Nationality Act ( 8 U.S.C. 1184(p) ), as amended by section 4304, is further amended— (1) in paragraph (1)— (A) by striking The petition and inserting the following: (A) In general \nThe petition ; (B) by inserting or investigating, prosecuting, or seeking civil remedies for workplace claims described in section 101(a)(15)(U)(iv) after section 101(a)(15)(U)(iii) each place such term appears; and (C) by adding at the end the following: (B) Fees \nA noncitizen petitioning for, or having status under, section 101(a)(15)(U) may not be required to submit any fee (or request any fee waiver) in connection with such petition or status, including fees associated with biometric services or an application for advance permission to enter as a nonimmigrant. (C) Confidentiality of information \nThe Secretary of Homeland Security and the Attorney General may not use the information furnished pursuant to a petition for status under section 101(a)(15)(U) for purposes of initiating or carrying out a removal proceeding. ; (2) in paragraph (6)— (A) by inserting or workplace claims described in section 101(a)(15)(U)(iv) after described in section 101(a)(15)(U)(iii) ; and (B) by inserting or workplace claim after prosecution of such criminal activity ; and (3) by adding at the end the following: (9) Temporary protection for victims of crime, labor, and employment violations \nNotwithstanding any other provision of law, the Secretary of Homeland Security may permit a noncitizen to temporarily remain in the United States, and grant such noncitizen employment authorization, if the Secretary determines that the noncitizen— (A) has filed for relief under section 101(a)(15)(U); or (B) (i) has filed, or is a material witness to, a bona fide workplace claim (as defined in section 274A(e)(10)(B)(i)(II)); and (ii) has been helpful, is being helpful, or is likely to be helpful to— (I) a Federal, State, or local law enforcement official; (II) a Federal, State, or local prosecutor; (III) a Federal, State, or local judge; (IV) the Department of Homeland Security; (V) the Equal Employment Opportunity Commission; (VI) the Department of Labor, including the Occupational Safety and Health Administration; (VII) the National Labor Relations Board; (VIII) the head official of a State or local government department of labor, workforce commission, or human relations commission or council; or (IX) other Federal, State, or local authorities investigating, prosecuting, or seeking civil remedies related to the workplace claim..", "id": "HA1E1C940D0484B42888C1C011274847B", "header": "Requirements applicable to U nonimmigrant visas", "nested": [], "links": [ { "text": "8 U.S.C. 1184(p)", "legal-doc": "usc", "parsable-cite": "usc/8/1184" } ] }, { "text": "(c) Removal proceedings \nSection 239(e) of the Immigration and Nationality Act ( 8 U.S.C. 1229(e) ) is amended— (1) in paragraph (1)— (A) by striking In cases where and inserting If ; and (B) by inserting or as a result of information provided to the Department of Homeland Security in retaliation against individuals for exercising or attempting to exercise their employment rights or other legal rights after paragraph (2) ; and (2) in paragraph (2), by adding at the end the following: (C) At a facility about which a workplace claim has been filed or is contemporaneously filed..", "id": "HC69ED580F3084BB39B334EEFC85353F4", "header": "Removal proceedings", "nested": [], "links": [ { "text": "8 U.S.C. 1229(e)", "legal-doc": "usc", "parsable-cite": "usc/8/1229" } ] }, { "text": "(d) Adjustment of status for victims of crimes \nSection 245(m)(1) of the Immigration and Nationality Act ( 8 U.S.C. 1255(m)(1) ) is amended— (1) in the matter preceding subparagraph (A), by inserting The before Secretary of Homeland Security ; and (2) by inserting or an investigation or prosecution regarding a workplace claim after prosecution.", "id": "H2D0D6B789376489689CB987059F7D23D", "header": "Adjustment of status for victims of crimes", "nested": [], "links": [ { "text": "8 U.S.C. 1255(m)(1)", "legal-doc": "usc", "parsable-cite": "usc/8/1255" } ] }, { "text": "(e) Unlawful employment of noncitizens \nSection 274A(e) of the Immigration and Nationality Act ( 8 U.S.C. 1324a(e) ) is amended by adding at the end the following: (10) Conduct in enforcement actions \n(A) Definitions \nIn this paragraph: (i) Material witness \nThe term material witness means an individual who presents a declaration from an attorney investigating, prosecuting, or defending the workplace claim or from the presiding officer overseeing the workplace claim attesting that, to the best of the declarant’s knowledge and belief, reasonable cause exists to believe that the testimony of the individual will be relevant to the outcome of the workplace claim. (ii) Workplace claim \nThe term workplace claim means any written or oral claim, charge, complaint, or grievance filed with, communicated to, or submitted to the employer, a Federal, State, or local agency or court, or an employee representative related to the violation of applicable Federal, State, and local labor laws, including laws concerning wages and hours, labor relations, family and medical leave, occupational health and safety, civil rights, or nondiscrimination. (B) Enforcement action \nIf the Secretary of Homeland Security conducts an enforcement action at a facility about which a workplace claim has been filed or is contemporaneously filed, or as a result of information provided to the Department of Homeland Security in retaliation against employees for exercising their rights related to a workplace claim, the Secretary shall ensure that— (i) any noncitizens arrested or detained who are necessary for the investigation or prosecution of workplace claim violations or criminal activity (as described in subparagraph (T) or (U) of section 101(a)(15)) are not removed from the United States until after the Secretary— (I) notifies the appropriate law enforcement agency with jurisdiction over such violations or criminal activity; and (II) provides such agency with the opportunity to interview such noncitizens; and (ii) noncitizens entitled to a stay of removal or abeyance of removal proceedings under this section are not removed. (C) Protections for victims of crime, labor, and employment violations \n(i) Stay of removal or abeyance of removal proceedings \nAny noncitizen against whom removal proceedings have been initiated under chapter 4 of title II, who has filed a workplace claim, who is a material witness in any pending or anticipated proceeding involving a bona fide workplace claim, or who has filed for relief under section 101(a)(15)(U), shall be entitled to a stay of removal or an abeyance of removal proceedings and to employment authorization until the later of the resolution of the workplace claim or the denial of relief under section 101(a)(15)(U) after exhaustion of administrative appeals unless the Secretary establishes, by a preponderance of the evidence in proceedings before the immigration judge presiding over such noncitizen’s removal hearing, that— (I) the noncitizen has been convicted of a felony or; (II) the workplace claim was filed in bad faith with the intent to delay or avoid the noncitizen’s removal. (ii) Duration \nAny stay of removal or abeyance of removal proceedings and employment authorization issued pursuant to clause (i)— (I) shall remain valid until the resolution of the workplace claim or the denial of relief under section 101(a)(15)(U) after the exhaustion of administrative appeals; and (II) shall be extended by the Secretary of Homeland Security for a period not to exceed 10 additional years upon determining that— (aa) such relief would enable the noncitizen asserting a workplace claim to pursue the claim to resolution; (bb) the deterrent goals of any statute underlying a workplace claim would be served; or (cc) such extension would otherwise further the interests of justice..", "id": "HA0364F57F9A944FDA62716B617D6D022", "header": "Unlawful employment of noncitizens", "nested": [], "links": [ { "text": "8 U.S.C. 1324a(e)", "legal-doc": "usc", "parsable-cite": "usc/8/1324a" } ] }, { "text": "(f) Change of nonimmigrant classification \nSection 384(a)(1) of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 ( 8 U.S.C. 1367(a)(1) ) is amended— (1) in subparagraph (E), by striking physical or mental abuse and the criminal activity, and inserting abuse and the criminal activity or workplace claim; ; (2) in subparagraph (F), by striking the comma at the end and inserting ; or ; and (3) by inserting after subparagraph (F) the following: (G) the noncitizen’s employer,.", "id": "H473720FE3EF343A795E4592ED52E6677", "header": "Change of nonimmigrant classification", "nested": [], "links": [ { "text": "8 U.S.C. 1367(a)(1)", "legal-doc": "usc", "parsable-cite": "usc/8/1367" } ] } ], "links": [ { "text": "8 U.S.C. 1101(a)(15)(U)", "legal-doc": "usc", "parsable-cite": "usc/8/1101" }, { "text": "8 U.S.C. 1184(p)", "legal-doc": "usc", "parsable-cite": "usc/8/1184" }, { "text": "8 U.S.C. 1229(e)", "legal-doc": "usc", "parsable-cite": "usc/8/1229" }, { "text": "8 U.S.C. 1255(m)(1)", "legal-doc": "usc", "parsable-cite": "usc/8/1255" }, { "text": "8 U.S.C. 1324a(e)", "legal-doc": "usc", "parsable-cite": "usc/8/1324a" }, { "text": "8 U.S.C. 1367(a)(1)", "legal-doc": "usc", "parsable-cite": "usc/8/1367" } ] }, { "text": "5103. Additional civil penalty \nSection 274A of the Immigration and Nationality Act ( 8 U.S.C. 1324a ) is amended— (1) in subsection (a)— (A) by redesignating paragraph (7) as paragraph (8); and (B) by inserting after paragraph (6) the following: (7) Additional civil penalties \nAn employer is subject to an additional civil penalty under subsection (e)(12) if— (A) the employer engages in a civil violation of Federal, State, or local labor laws, including— (i) laws concerning wages and hours, labor relations, family and medical leave, occupational health and safety, civil rights, or nondiscrimination; and (ii) a finding by the agency enforcing such law in the course of a final settlement of such violation; and (B) such violation takes place with respect to an unauthorized worker. ; (2) in subsection (e), as amended by section 5102(f), by adding at the end the following: (11) Additional civil penalties \nAn order under this subsection for a violation of subsection (a)(7) shall require the employer— (A) to cease and desist from such violation; and (B) to pay a civil penalty in an amount not to exceed $5,000 for each unauthorized noncitizen with respect to whom a violation of such subsection occurred. ; and (3) in subsection (f)(2), by striking (1)(A) or (2) and inserting (1)(A), (2), or (7).", "id": "HB9AA731493DC4475A9F4C1D4D8BF1043", "header": "Additional civil penalty", "nested": [], "links": [ { "text": "8 U.S.C. 1324a", "legal-doc": "usc", "parsable-cite": "usc/8/1324a" } ] }, { "text": "5104. Continued application of workforce and labor protection remedies \nSection 274A(e) of the Immigration and Nationality Act, as amended by sections 5102(e) and 5103(2), is further amended by adding at the end the following: (12) Rights, remedies, and relief \nNotwithstanding an employee’s status as an unauthorized noncitizen during the time of relevant employment or during the back pay period or the failure of the employer or employee to comply with the requirements under this section or with any other provision of Federal law relating to the unlawful employment of noncitizens— (A) all rights, remedies, and relief provided under any Federal, State, or local law relating to workplace rights, including reinstatement and back pay, are available to such employee; and (B) a court may not prohibit such an employee from pursuing other causes of action giving rise to liability in a civil action..", "id": "HD9704E38A592431B8DF5D289DC144335", "header": "Continued application of workforce and labor protection remedies", "nested": [], "links": [] }, { "text": "5105. Prohibition on discrimination based on national origin or citizenship status \n(a) In general \nSection 274B(a) of the Immigration and Nationality Act ( 8 U.S.C. 1324b(a) ) is amended to read as follows: (a) Prohibition on discrimination based on national origin or citizenship status \n(1) In general \nExcept as provided in paragraphs (2) and (3), it is an unfair immigration-related employment practice for a person, other entity, or employment agency to discriminate against any individual (other than an unauthorized noncitizen (as defined in section 274A(h)(3))) because of such individual’s national origin or citizenship status, with respect to— (A) the hiring of the individual for employment; (B) the verification of the individual’s eligibility to work in the United States; or (C) the discharging of the individual from employment. (2) Exceptions \nParagraph (1) shall not apply to— (A) a person, other entity, or employer that employs 3 or fewer employees (other than an employment agency); (B) a person’s or entity’s discrimination based upon an individual’s national origin if the discrimination with respect to that employer, person, or entity and that individual is covered under section 703 of the Civil Rights Act of 1964 ( 42 U.S.C. 2000e–2 ), unless the discrimination is related to an individual’s verification of employment authorization; or (C) discrimination based upon an individual’s citizenship status if such discrimination— (i) is required in order to comply with a provision of Federal, State, or local law related to law enforcement; (ii) is required by a contract with the Federal Government; or (iii) is determined by the Secretary of Homeland Security or the Attorney General to be essential for an employer to do business with an agency or department of the Federal Government or with a State, Tribal, or local government. (3) Additional exception providing right to prefer equally qualified citizens \nIt is not an unfair immigration-related employment practice for an employer to prefer to hire, recruit, or refer for a fee an individual who is a citizen or national of the United States over another individual who is a noncitizen if the 2 individuals are equally qualified. (4) Unfair immigration-related employment practices relating to the system \nIt is an unfair immigration-related employment practice for a person, other entity, or employment agency— (A) to use the employment verification system described in section 274A (referred to in this title as the System ) to deny workers’ employment or post-employment benefits; (B) to misuse the System to discriminate based on national origin or citizenship status; (C) to require an employee or prospective employee to use any self-verification feature of the System or provide, as a condition of application or employment, any self-verification results; (D) to use an immigration status verification system, service, or method other than those described in section 274A for purposes of verifying employment eligibility; (E) to grant access to document verification or System data, to any individual or entity not authorized to have such access; or (F) to fail to take reasonable safeguards to protect against unauthorized loss, use, alteration, or destruction of System data. (5) Prohibition of intimidation or retaliation \nIt is an unfair immigration-related employment practice for a person, other entity, or employment agency to intimidate, threaten, coerce, or retaliate against any individual— (A) for the purpose of interfering with any right or privilege secured under this section; or (B) because the individual intends to file, or has filed, a charge or a complaint, or testified, assisted, or participated in any manner in an investigation, proceeding, or hearing under this section. (6) Treatment of certain documentary practices as employment practices \nIt is an unfair immigration-related employment practice for a person, other entity, or employment agency, for purposes of verifying employment eligibility— (A) to request that an individual submit specific documents, more documents, or different documents than are required under section 274A; or (B) to refuse to honor documents submitted by an individual that reasonably appear on their face to be genuine. (7) Prohibition of withholding employment records \nIt is an unfair immigration-related employment practice for an employer that is required under Federal, State, or local law to maintain records documenting employment, including dates or hours of work and wages received, to fail to provide such records to any employee to whom the records pertain, upon request by such employee. (8) Professional, commercial, and business licenses \nAn individual who is authorized to be employed in the United States may not be denied a professional, commercial, or business license on the basis of his or her immigration status. (9) Employment agency defined \nIn this section, the term employment agency means any employer, person, entity, or agent of such employer, person, or entity that regularly undertakes, with or without compensation, to procure employees for employers or to procure for employees opportunities to work for employers.. (b) Referral by EEOC \nSection 274B(b) of the Immigration and Nationality Act ( 8 U.S.C. 1324b(b) ) is amended by adding at the end the following: (3) Referral by eeoc \nThe Equal Employment Opportunity Commission shall refer all matters alleging immigration-related unfair employment practices filed with the Commission, including those alleging violations of paragraph (1), (4), (5), or (6) of subsection (a), to the Immigrant and Employment Rights Section of the Department of Justice.. (c) Fines \n(1) In general \nSection 274B(g)(2)(B)(iv) of the Immigration and Nationality Act ( 8 U.S.C. 1324b(g)(2)(B)(iv) ) is amended to read as follows: (iv) to pay the civil penalties set forth in this clause, which may be adjusted periodically to account for inflation, including— (I) except as provided in subclauses (II) through (IV), a civil penalty of not less than $2,000 and not more than $5,000 for each individual subjected to an unfair immigration-related employment practice; (II) except as provided in subclauses (III) and (IV), in the case of an employer, person, or entity previously subject to 1 order under this paragraph, a civil penalty of not less than $4,000 and not more than $10,000 for each individual subjected to an unfair immigration-related employment practice; (III) except as provided in subclause (IV), in the case of an employer, person, or entity previously subject to more than 1 order under this paragraph, a civil penalty of not less than $8,000 and not more than $25,000 for each individual subjected to an unfair immigration-related employment practice; and (IV) in the case of an unfair immigration-related employment practice described in paragraphs (4) through (7) of subsection (a), a civil penalty of not less than $500 and not more than $2,000 for each individual subjected to an unfair immigration-related employment practice.. (2) Effective date \nThe amendment made by paragraph (1)— (A) shall take effect on the date that is 1 year after the date of the enactment of this Act; and (B) shall apply to violations occurring on or after such date of enactment. (d) Authorization of appropriations \nSection 274B(l)(3) ( 8 U.S.C. 1324b(l)(3) ) is amended to read as follows: (3) Authorization of appropriations \nThere are authorized to be appropriated to carry out this subsection— (A) $10,000,000 for each fiscal year (beginning with fiscal year 1991); and (B) an additional $40,000,000 for each of fiscal years 2024 through 2026..", "id": "H502EF27595F64FBC823D0148D2FE7E73", "header": "Prohibition on discrimination based on national origin or citizenship status", "nested": [ { "text": "(a) In general \nSection 274B(a) of the Immigration and Nationality Act ( 8 U.S.C. 1324b(a) ) is amended to read as follows: (a) Prohibition on discrimination based on national origin or citizenship status \n(1) In general \nExcept as provided in paragraphs (2) and (3), it is an unfair immigration-related employment practice for a person, other entity, or employment agency to discriminate against any individual (other than an unauthorized noncitizen (as defined in section 274A(h)(3))) because of such individual’s national origin or citizenship status, with respect to— (A) the hiring of the individual for employment; (B) the verification of the individual’s eligibility to work in the United States; or (C) the discharging of the individual from employment. (2) Exceptions \nParagraph (1) shall not apply to— (A) a person, other entity, or employer that employs 3 or fewer employees (other than an employment agency); (B) a person’s or entity’s discrimination based upon an individual’s national origin if the discrimination with respect to that employer, person, or entity and that individual is covered under section 703 of the Civil Rights Act of 1964 ( 42 U.S.C. 2000e–2 ), unless the discrimination is related to an individual’s verification of employment authorization; or (C) discrimination based upon an individual’s citizenship status if such discrimination— (i) is required in order to comply with a provision of Federal, State, or local law related to law enforcement; (ii) is required by a contract with the Federal Government; or (iii) is determined by the Secretary of Homeland Security or the Attorney General to be essential for an employer to do business with an agency or department of the Federal Government or with a State, Tribal, or local government. (3) Additional exception providing right to prefer equally qualified citizens \nIt is not an unfair immigration-related employment practice for an employer to prefer to hire, recruit, or refer for a fee an individual who is a citizen or national of the United States over another individual who is a noncitizen if the 2 individuals are equally qualified. (4) Unfair immigration-related employment practices relating to the system \nIt is an unfair immigration-related employment practice for a person, other entity, or employment agency— (A) to use the employment verification system described in section 274A (referred to in this title as the System ) to deny workers’ employment or post-employment benefits; (B) to misuse the System to discriminate based on national origin or citizenship status; (C) to require an employee or prospective employee to use any self-verification feature of the System or provide, as a condition of application or employment, any self-verification results; (D) to use an immigration status verification system, service, or method other than those described in section 274A for purposes of verifying employment eligibility; (E) to grant access to document verification or System data, to any individual or entity not authorized to have such access; or (F) to fail to take reasonable safeguards to protect against unauthorized loss, use, alteration, or destruction of System data. (5) Prohibition of intimidation or retaliation \nIt is an unfair immigration-related employment practice for a person, other entity, or employment agency to intimidate, threaten, coerce, or retaliate against any individual— (A) for the purpose of interfering with any right or privilege secured under this section; or (B) because the individual intends to file, or has filed, a charge or a complaint, or testified, assisted, or participated in any manner in an investigation, proceeding, or hearing under this section. (6) Treatment of certain documentary practices as employment practices \nIt is an unfair immigration-related employment practice for a person, other entity, or employment agency, for purposes of verifying employment eligibility— (A) to request that an individual submit specific documents, more documents, or different documents than are required under section 274A; or (B) to refuse to honor documents submitted by an individual that reasonably appear on their face to be genuine. (7) Prohibition of withholding employment records \nIt is an unfair immigration-related employment practice for an employer that is required under Federal, State, or local law to maintain records documenting employment, including dates or hours of work and wages received, to fail to provide such records to any employee to whom the records pertain, upon request by such employee. (8) Professional, commercial, and business licenses \nAn individual who is authorized to be employed in the United States may not be denied a professional, commercial, or business license on the basis of his or her immigration status. (9) Employment agency defined \nIn this section, the term employment agency means any employer, person, entity, or agent of such employer, person, or entity that regularly undertakes, with or without compensation, to procure employees for employers or to procure for employees opportunities to work for employers..", "id": "HBD5708A866254BB9A44F609684FCCE31", "header": "In general", "nested": [], "links": [ { "text": "8 U.S.C. 1324b(a)", "legal-doc": "usc", "parsable-cite": "usc/8/1324b" }, { "text": "42 U.S.C. 2000e–2", "legal-doc": "usc", "parsable-cite": "usc/42/2000e-2" } ] }, { "text": "(b) Referral by EEOC \nSection 274B(b) of the Immigration and Nationality Act ( 8 U.S.C. 1324b(b) ) is amended by adding at the end the following: (3) Referral by eeoc \nThe Equal Employment Opportunity Commission shall refer all matters alleging immigration-related unfair employment practices filed with the Commission, including those alleging violations of paragraph (1), (4), (5), or (6) of subsection (a), to the Immigrant and Employment Rights Section of the Department of Justice..", "id": "HE0AACA815E6C455CB75C156D339D3043", "header": "Referral by EEOC", "nested": [], "links": [ { "text": "8 U.S.C. 1324b(b)", "legal-doc": "usc", "parsable-cite": "usc/8/1324b" } ] }, { "text": "(c) Fines \n(1) In general \nSection 274B(g)(2)(B)(iv) of the Immigration and Nationality Act ( 8 U.S.C. 1324b(g)(2)(B)(iv) ) is amended to read as follows: (iv) to pay the civil penalties set forth in this clause, which may be adjusted periodically to account for inflation, including— (I) except as provided in subclauses (II) through (IV), a civil penalty of not less than $2,000 and not more than $5,000 for each individual subjected to an unfair immigration-related employment practice; (II) except as provided in subclauses (III) and (IV), in the case of an employer, person, or entity previously subject to 1 order under this paragraph, a civil penalty of not less than $4,000 and not more than $10,000 for each individual subjected to an unfair immigration-related employment practice; (III) except as provided in subclause (IV), in the case of an employer, person, or entity previously subject to more than 1 order under this paragraph, a civil penalty of not less than $8,000 and not more than $25,000 for each individual subjected to an unfair immigration-related employment practice; and (IV) in the case of an unfair immigration-related employment practice described in paragraphs (4) through (7) of subsection (a), a civil penalty of not less than $500 and not more than $2,000 for each individual subjected to an unfair immigration-related employment practice.. (2) Effective date \nThe amendment made by paragraph (1)— (A) shall take effect on the date that is 1 year after the date of the enactment of this Act; and (B) shall apply to violations occurring on or after such date of enactment.", "id": "H334A8725D63C4E4598566284720B0087", "header": "Fines", "nested": [], "links": [ { "text": "8 U.S.C. 1324b(g)(2)(B)(iv)", "legal-doc": "usc", "parsable-cite": "usc/8/1324b" } ] }, { "text": "(d) Authorization of appropriations \nSection 274B(l)(3) ( 8 U.S.C. 1324b(l)(3) ) is amended to read as follows: (3) Authorization of appropriations \nThere are authorized to be appropriated to carry out this subsection— (A) $10,000,000 for each fiscal year (beginning with fiscal year 1991); and (B) an additional $40,000,000 for each of fiscal years 2024 through 2026..", "id": "H4D5AE60B951A4CAC9939863A4B37ED40", "header": "Authorization of appropriations", "nested": [], "links": [ { "text": "8 U.S.C. 1324b(l)(3)", "legal-doc": "usc", "parsable-cite": "usc/8/1324b" } ] } ], "links": [ { "text": "8 U.S.C. 1324b(a)", "legal-doc": "usc", "parsable-cite": "usc/8/1324b" }, { "text": "42 U.S.C. 2000e–2", "legal-doc": "usc", "parsable-cite": "usc/42/2000e-2" }, { "text": "8 U.S.C. 1324b(b)", "legal-doc": "usc", "parsable-cite": "usc/8/1324b" }, { "text": "8 U.S.C. 1324b(g)(2)(B)(iv)", "legal-doc": "usc", "parsable-cite": "usc/8/1324b" }, { "text": "8 U.S.C. 1324b(l)(3)", "legal-doc": "usc", "parsable-cite": "usc/8/1324b" } ] }, { "text": "5106. Fairness for farmworkers \n(a) In general \nSection 7 of the Fair Labor Standards Act of 1938 ( 29 U.S.C. 207 ) is amended— (1) in subsection (a), by adding at the end the following: (3) (A) Except as provided in subparagraph (C), beginning on January 1, 2024, no employer shall employ any employee employed in agriculture who in any workweek is engaged in commerce or in the production of goods for commerce, or is employed in an enterprise engaged in commerce or in the production of goods for commerce for a workweek that is longer than the hours specified under subparagraph (B), unless such employee receives compensation for employment in excess of the hours specified in such subparagraph at a rate not less than 150 percent of the regular rate at which the employee is employed. (B) The hours specified in this subparagraph are, subject to subparagraph (C), as follows: (i) Beginning on January 1, 2024, 55 hours in any workweek. (ii) Beginning on January 1, 2025, 50 hours in any workweek. (iii) Beginning on January 1, 2026, 45 hours in any workweek. (iv) Beginning on January 1, 2027, 40 hours in any workweek. (C) With respect to any employer that employs 25 or fewer employees— (i) the requirement under subparagraph (A) shall begin on January 1, 2027; and (ii) the hours specified under subparagraph (B) shall be as follows: (I) The number of hours specified under subparagraph (B)(i) shall begin on January 1, 2027. (II) The number of hours specified under subparagraph (B)(ii) shall begin on January 1, 2028. (III) The number of hours specified under subparagraph (B)(iii) shall begin on January 1, 2029. (IV) The number of hours specified under subparagraph (B)(iv) shall begin on January 1, 2030. ; and (2) by striking subsection (m). (b) Removing certain exemptions for agricultural work \nSection 13 of the Fair Labor Standards Act of 1938 ( 29 U.S.C. 213 ) is amended— (1) in subsection (a), by amending paragraph (6) to read as follows: (6) any employee employed in agriculture who is the parent, spouse, child, or other member of the employer’s immediate family; ; (2) in subsection (b)— (A) by striking paragraphs (12) through (16); and (B) by redesignating paragraphs (17), (20), (21), (24), (27), (28), (29), and (30) as paragraphs (12), (13), (14), (15), (16), (17), (18), and (19), respectively; and (3) by striking subsections (h) through (j). (c) Conforming amendments \n(1) Fair Labor Standards Act of 1938 \nSection 13(c)(1)(A) of the Fair Labor Standards Act of 1938 ( 29 U.S.C. 213(c)(1)(A) ) is amended by striking none of the employees and all that follows through and inserting all of the employees of which are employed in agriculture and are employed by an employer who did not, during any calendar quarter during the preceding calendar year, use more than 500 man-days of agricultural labor (within the meaning of the exemption under subsection (a)(6)(A)), as in effect on the day before the date of the enactment of the U.S. Citizenship Act ),. (2) Migrant and Seasonal Agricultural Worker Protection Act \nThe Migrant and Seasonal Agricultural Worker Protection Act ( Public Law 97–470 ) is amended— (A) in section 3 ( 29 U.S.C. 1802 )— (i) in paragraph (8), by amending subparagraph (B) to read as follows: (B) The term migrant agricultural worker does not include any immediate family member of an agricultural employer or a farm labor contractor. ; and (ii) in paragraph (10), by amending subparagraph (B) to read as follows: (B) The term seasonal agricultural worker does not include— (i) any migrant agricultural worker; or (ii) any immediate family member of an agricultural employer or a farm labor contractor. ; and (B) in section 4(a) ( 29 U.S.C. 1803(a) ), by amending paragraph (2) to read as follows: (2) Small business exemption \nAny person, other than a farm labor contractor, who did not, during any calendar quarter during the preceding calendar year, use more than 500 man-days of agricultural labor (within the meaning of the exemption under section 13(a)(6)(A) of the Fair Labor Standards Act of 1938 ( 29 U.S.C. 213(a)(6)(A) ), as in effect on the day before the date of the enactment of the U.S. Citizenship Act ).. (d) Effective dates \n(1) In general \nThe amendments made by subsections (a)(2), (b)(1), (b)(3), and (c) shall take effect on— (A) January 1, 2027, with respect to an employer that employs more than 25 employees; and (B) January 1, 2030, with respect to an employer that employs 25 or fewer employees. (2) Other amendments \nThe amendments made by subsection (b)(2) shall take effect on— (A) January 1, 2024, with respect to an employer that employs more than 25 employees; and (B) January 1, 2027, with respect to an employer that employs 25 or fewer employees.", "id": "H7BE4C1DCF2454C6B9212E3C32703CC8E", "header": "Fairness for farmworkers", "nested": [ { "text": "(a) In general \nSection 7 of the Fair Labor Standards Act of 1938 ( 29 U.S.C. 207 ) is amended— (1) in subsection (a), by adding at the end the following: (3) (A) Except as provided in subparagraph (C), beginning on January 1, 2024, no employer shall employ any employee employed in agriculture who in any workweek is engaged in commerce or in the production of goods for commerce, or is employed in an enterprise engaged in commerce or in the production of goods for commerce for a workweek that is longer than the hours specified under subparagraph (B), unless such employee receives compensation for employment in excess of the hours specified in such subparagraph at a rate not less than 150 percent of the regular rate at which the employee is employed. (B) The hours specified in this subparagraph are, subject to subparagraph (C), as follows: (i) Beginning on January 1, 2024, 55 hours in any workweek. (ii) Beginning on January 1, 2025, 50 hours in any workweek. (iii) Beginning on January 1, 2026, 45 hours in any workweek. (iv) Beginning on January 1, 2027, 40 hours in any workweek. (C) With respect to any employer that employs 25 or fewer employees— (i) the requirement under subparagraph (A) shall begin on January 1, 2027; and (ii) the hours specified under subparagraph (B) shall be as follows: (I) The number of hours specified under subparagraph (B)(i) shall begin on January 1, 2027. (II) The number of hours specified under subparagraph (B)(ii) shall begin on January 1, 2028. (III) The number of hours specified under subparagraph (B)(iii) shall begin on January 1, 2029. (IV) The number of hours specified under subparagraph (B)(iv) shall begin on January 1, 2030. ; and (2) by striking subsection (m).", "id": "HBFB7996D2A6348CCA8DC2A6D225E0396", "header": "In general", "nested": [], "links": [ { "text": "29 U.S.C. 207", "legal-doc": "usc", "parsable-cite": "usc/29/207" } ] }, { "text": "(b) Removing certain exemptions for agricultural work \nSection 13 of the Fair Labor Standards Act of 1938 ( 29 U.S.C. 213 ) is amended— (1) in subsection (a), by amending paragraph (6) to read as follows: (6) any employee employed in agriculture who is the parent, spouse, child, or other member of the employer’s immediate family; ; (2) in subsection (b)— (A) by striking paragraphs (12) through (16); and (B) by redesignating paragraphs (17), (20), (21), (24), (27), (28), (29), and (30) as paragraphs (12), (13), (14), (15), (16), (17), (18), and (19), respectively; and (3) by striking subsections (h) through (j).", "id": "HBA57D8216B154DFAABFA94B12BEDD767", "header": "Removing certain exemptions for agricultural work", "nested": [], "links": [ { "text": "29 U.S.C. 213", "legal-doc": "usc", "parsable-cite": "usc/29/213" } ] }, { "text": "(c) Conforming amendments \n(1) Fair Labor Standards Act of 1938 \nSection 13(c)(1)(A) of the Fair Labor Standards Act of 1938 ( 29 U.S.C. 213(c)(1)(A) ) is amended by striking none of the employees and all that follows through and inserting all of the employees of which are employed in agriculture and are employed by an employer who did not, during any calendar quarter during the preceding calendar year, use more than 500 man-days of agricultural labor (within the meaning of the exemption under subsection (a)(6)(A)), as in effect on the day before the date of the enactment of the U.S. Citizenship Act ),. (2) Migrant and Seasonal Agricultural Worker Protection Act \nThe Migrant and Seasonal Agricultural Worker Protection Act ( Public Law 97–470 ) is amended— (A) in section 3 ( 29 U.S.C. 1802 )— (i) in paragraph (8), by amending subparagraph (B) to read as follows: (B) The term migrant agricultural worker does not include any immediate family member of an agricultural employer or a farm labor contractor. ; and (ii) in paragraph (10), by amending subparagraph (B) to read as follows: (B) The term seasonal agricultural worker does not include— (i) any migrant agricultural worker; or (ii) any immediate family member of an agricultural employer or a farm labor contractor. ; and (B) in section 4(a) ( 29 U.S.C. 1803(a) ), by amending paragraph (2) to read as follows: (2) Small business exemption \nAny person, other than a farm labor contractor, who did not, during any calendar quarter during the preceding calendar year, use more than 500 man-days of agricultural labor (within the meaning of the exemption under section 13(a)(6)(A) of the Fair Labor Standards Act of 1938 ( 29 U.S.C. 213(a)(6)(A) ), as in effect on the day before the date of the enactment of the U.S. Citizenship Act )..", "id": "H3AEF34962A9140A9BB1925B6BE9DDF16", "header": "Conforming amendments", "nested": [], "links": [ { "text": "29 U.S.C. 213(c)(1)(A)", "legal-doc": "usc", "parsable-cite": "usc/29/213" }, { "text": "Public Law 97–470", "legal-doc": "public-law", "parsable-cite": "pl/97/470" }, { "text": "29 U.S.C. 1802", "legal-doc": "usc", "parsable-cite": "usc/29/1802" }, { "text": "29 U.S.C. 1803(a)", "legal-doc": "usc", "parsable-cite": "usc/29/1803" }, { "text": "29 U.S.C. 213(a)(6)(A)", "legal-doc": "usc", "parsable-cite": "usc/29/213" } ] }, { "text": "(d) Effective dates \n(1) In general \nThe amendments made by subsections (a)(2), (b)(1), (b)(3), and (c) shall take effect on— (A) January 1, 2027, with respect to an employer that employs more than 25 employees; and (B) January 1, 2030, with respect to an employer that employs 25 or fewer employees. (2) Other amendments \nThe amendments made by subsection (b)(2) shall take effect on— (A) January 1, 2024, with respect to an employer that employs more than 25 employees; and (B) January 1, 2027, with respect to an employer that employs 25 or fewer employees.", "id": "H296FBD1E1A4341A8B87B773284CFFC58", "header": "Effective dates", "nested": [], "links": [] } ], "links": [ { "text": "29 U.S.C. 207", "legal-doc": "usc", "parsable-cite": "usc/29/207" }, { "text": "29 U.S.C. 213", "legal-doc": "usc", "parsable-cite": "usc/29/213" }, { "text": "29 U.S.C. 213(c)(1)(A)", "legal-doc": "usc", "parsable-cite": "usc/29/213" }, { "text": "Public Law 97–470", "legal-doc": "public-law", "parsable-cite": "pl/97/470" }, { "text": "29 U.S.C. 1802", "legal-doc": "usc", "parsable-cite": "usc/29/1802" }, { "text": "29 U.S.C. 1803(a)", "legal-doc": "usc", "parsable-cite": "usc/29/1803" }, { "text": "29 U.S.C. 213(a)(6)(A)", "legal-doc": "usc", "parsable-cite": "usc/29/213" } ] }, { "text": "5107. Protections for migrant and seasonal laborers \nSection 501 of the Migrant and Seasonal Agricultural Worker Protection Act ( 29 U.S.C. 1851 ) is amended— (1) by amending subsection (a) to read as follows: (a) Violations of this Act \n(1) In general \nExcept as otherwise provided in this section, any person who willfully and knowingly violates this Act or any regulation under this Act— (A) shall be fined not more than $1,000, sentenced to prison for a term not to exceed 1 year, or both; and (B) upon conviction for any subsequent violation of this Act or any regulation under this Act, shall be fined not more than $10,000, sentenced to prison for a term not to exceed 3 years, or both. (2) Identification document offenses \nAny person who knowingly destroys, conceals, removes, confiscates, or possesses any actual or purported passport or other immigration document, or any other actual or purported government identification document of another person or threatens to do so in furtherance of a violation of this Act shall be fined under title 18, United States Code, imprisoned not more than 3 years, or both. (3) Travel restrictions \nAny person who knowingly restricts or attempts to prevent or restrict, without lawful authority, a person’s liberty to move or travel, in furtherance of a violation of this Act, shall be fined under title 18, United States Code, imprisoned not more than 5 years, or both. (4) Bodily injury \nIf bodily injury results from any acts committed by any person in violation of this Act, or if such acts include sexual abuse or an attempt to commit sexual abuse (as described in section 2242 of title 18, United States Code), or if such acts include the use, attempted use, or threatened use of a dangerous weapon, explosives, or fire, the person shall be fined under title 18, United States Code, imprisoned not more than 10 years, or both. (5) Death \nIf death results from any acts committed by any person in violation of this Act, or if such acts include kidnaping or an attempt to kidnap, aggravated sexual abuse, or an attempt to commit aggravated sexual abuse, or an attempt to kill, the person shall be fined under title 18, United States Code, imprisoned for any term of years or for life, or both. (6) Subsequent violations \nExcept to the extent that a greater maximum penalty is otherwise provided for in this section, a person who is convicted for any subsequent violation of this Act or any regulation under this Act shall be fined under title 18, United States Code, imprisoned not more than 3 years, or both. ; and (2) by adding at the end the following: (c) Recordkeeping and wage requirements \nAny person who knowingly and with intent to defraud violates section 201(a), 201(f), 301(a), or 301(f), or who knowingly and willfully violates section 202 or 302, shall be fined under title 18, United States Code, imprisoned not more than 5 years, or both. (d) Obstruction offenses \nAny person who obstructs, attempts to obstruct, interferes with, or prevents the enforcement of this section, shall be subject to the same fines and penalties as those prescribed for the underlying offense involved..", "id": "H80902253FC3542FB9741F6BAD9056029", "header": "Protections for migrant and seasonal laborers", "nested": [], "links": [ { "text": "29 U.S.C. 1851", "legal-doc": "usc", "parsable-cite": "usc/29/1851" } ] }, { "text": "5108. Directive to the United States Sentencing Commission \n(a) In general \nPursuant to its authority under section 994 of title 28, United States Code, the United States Sentencing Commission, in accordance with subsection (b), shall promulgate sentencing guidelines or amend existing sentencing guidelines to increase the penalties imposed on persons convicted of offenses under— (1) section 274A of the Immigration and Nationality Act ( 8 U.S.C. 1324a ); (2) section 501 of the Migrant and Seasonal Agricultural Worker Protection Act ( 29 U.S.C. 1851 ); (3) section 16 of the Fair Labor Standards Act of 1938 ( 29 U.S.C. 216 ); and (4) any other Federal law covering conduct similar to the conduct prohibited under the provisions of law referred to in paragraphs (1) through (3). (b) Requirements \nIn carrying out subsection (a), the Sentencing Commission shall provide sentencing enhancements for any person convicted of an offense referred to in subsection (a) if such offense involves— (1) the confiscation of identification documents; (2) corruption, bribery, extortion, or robbery; (3) sexual abuse; (4) serious bodily injury; (5) an intent to defraud; or (6) a pattern of conduct involving multiple violations of law that— (A) creates a risk to the health or safety of any victim; or (B) denies payments due to victims for work completed.", "id": "HB7F49FE8E7A54A2D85D2FBC717A545A1", "header": "Directive to the United States Sentencing Commission", "nested": [ { "text": "(a) In general \nPursuant to its authority under section 994 of title 28, United States Code, the United States Sentencing Commission, in accordance with subsection (b), shall promulgate sentencing guidelines or amend existing sentencing guidelines to increase the penalties imposed on persons convicted of offenses under— (1) section 274A of the Immigration and Nationality Act ( 8 U.S.C. 1324a ); (2) section 501 of the Migrant and Seasonal Agricultural Worker Protection Act ( 29 U.S.C. 1851 ); (3) section 16 of the Fair Labor Standards Act of 1938 ( 29 U.S.C. 216 ); and (4) any other Federal law covering conduct similar to the conduct prohibited under the provisions of law referred to in paragraphs (1) through (3).", "id": "H846AC5F3DC294BD8A8982985B1085925", "header": "In general", "nested": [], "links": [ { "text": "8 U.S.C. 1324a", "legal-doc": "usc", "parsable-cite": "usc/8/1324a" }, { "text": "29 U.S.C. 1851", "legal-doc": "usc", "parsable-cite": "usc/29/1851" }, { "text": "29 U.S.C. 216", "legal-doc": "usc", "parsable-cite": "usc/29/216" } ] }, { "text": "(b) Requirements \nIn carrying out subsection (a), the Sentencing Commission shall provide sentencing enhancements for any person convicted of an offense referred to in subsection (a) if such offense involves— (1) the confiscation of identification documents; (2) corruption, bribery, extortion, or robbery; (3) sexual abuse; (4) serious bodily injury; (5) an intent to defraud; or (6) a pattern of conduct involving multiple violations of law that— (A) creates a risk to the health or safety of any victim; or (B) denies payments due to victims for work completed.", "id": "H6B6F314FDC8A4A74A0ACCC40453BAB66", "header": "Requirements", "nested": [], "links": [] } ], "links": [ { "text": "8 U.S.C. 1324a", "legal-doc": "usc", "parsable-cite": "usc/8/1324a" }, { "text": "29 U.S.C. 1851", "legal-doc": "usc", "parsable-cite": "usc/29/1851" }, { "text": "29 U.S.C. 216", "legal-doc": "usc", "parsable-cite": "usc/29/216" } ] }, { "text": "5109. Labor Law Enforcement Fund \n(a) In general \nSection 286 of the Immigration and Nationality Act ( 8 U.S.C. 1356 ) is amended by adding at the end the following: (w) Labor Law Enforcement Account \n(1) In general \nThere is established in the general fund of the Treasury a separate account, which shall be known as the Labor Law Enforcement Account (referred to in this subsection as the Account ). (2) Deposits \nThere shall be deposited as offsetting receipts into the Account penalties imposed under section 274A(a)(7). (3) Expenditures \nAmounts deposited into the Account shall be made available to the Secretary of Labor to ensure compliance with workplace laws, including by random audits of such employers, in industries that have a history of significant employment of unauthorized workers or nonimmigrant workers pursuant to subclause (a) or (b) of section 101(a)(15)(H)(ii).. (b) Authorization of appropriations \n(1) In general \nThere are authorized to be appropriated such sums as may be necessary to carry out this title and the amendments made by this title (other than the amendment made by subsection (a)). (2) Availability of funds \n(A) In general \nExcept as provided in subparagraph (B), amounts authorized to carry out the programs, projects, and activities recommended by the Commission may not be expended before— (i) the date that is 60 days after the submission of the report required under section 5101(e); or (ii) the date that is 2 years and 60 days after the date of the enactment of this Act. (B) Administrative expenses \nNotwithstanding subparagraph (A), amounts referred to in that subparagraph may be expended for minimal administrative expenses directly associated with— (i) convening the public hearings required under section 5101(c)(2)(A); and (ii) preparing and providing summaries of such hearings in accordance with section 5101(c)(2)(B).", "id": "H244874B9CAEB40B1B172829FBFB3E438", "header": "Labor Law Enforcement Fund", "nested": [ { "text": "(a) In general \nSection 286 of the Immigration and Nationality Act ( 8 U.S.C. 1356 ) is amended by adding at the end the following: (w) Labor Law Enforcement Account \n(1) In general \nThere is established in the general fund of the Treasury a separate account, which shall be known as the Labor Law Enforcement Account (referred to in this subsection as the Account ). (2) Deposits \nThere shall be deposited as offsetting receipts into the Account penalties imposed under section 274A(a)(7). (3) Expenditures \nAmounts deposited into the Account shall be made available to the Secretary of Labor to ensure compliance with workplace laws, including by random audits of such employers, in industries that have a history of significant employment of unauthorized workers or nonimmigrant workers pursuant to subclause (a) or (b) of section 101(a)(15)(H)(ii)..", "id": "H04B8921EBF24422DB9F7979A4C850ADD", "header": "In general", "nested": [], "links": [ { "text": "8 U.S.C. 1356", "legal-doc": "usc", "parsable-cite": "usc/8/1356" } ] }, { "text": "(b) Authorization of appropriations \n(1) In general \nThere are authorized to be appropriated such sums as may be necessary to carry out this title and the amendments made by this title (other than the amendment made by subsection (a)). (2) Availability of funds \n(A) In general \nExcept as provided in subparagraph (B), amounts authorized to carry out the programs, projects, and activities recommended by the Commission may not be expended before— (i) the date that is 60 days after the submission of the report required under section 5101(e); or (ii) the date that is 2 years and 60 days after the date of the enactment of this Act. (B) Administrative expenses \nNotwithstanding subparagraph (A), amounts referred to in that subparagraph may be expended for minimal administrative expenses directly associated with— (i) convening the public hearings required under section 5101(c)(2)(A); and (ii) preparing and providing summaries of such hearings in accordance with section 5101(c)(2)(B).", "id": "H447C7E82781B42F69888CD4207FF86CB", "header": "Authorization of appropriations", "nested": [], "links": [] } ], "links": [ { "text": "8 U.S.C. 1356", "legal-doc": "usc", "parsable-cite": "usc/8/1356" } ] } ]
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1. Short title; table of contents (a) Short title This Act may be cited as the U.S. Citizenship Act. (b) Table of contents The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Definitions. Sec. 3. Terminology with respect to noncitizens. TITLE I—Earned path to citizenship and other reforms Subtitle A—Earned path to citizenship Sec. 1101. Lawful prospective immigrant status. Sec. 1102. Adjustment of status of lawful prospective immigrants. Sec. 1103. The Dream Act. Sec. 1104. The American Promise Act. Sec. 1105. The Agricultural Workers Adjustment Act. Sec. 1106. General provisions relating to adjustment of status. Subtitle B—Other reforms Sec. 1201. V nonimmigrant visas. Sec. 1202. Expungement and sentencing. Sec. 1203. Petty offenses. Sec. 1204. Restoring fairness to adjudications. Sec. 1205. Judicial review. Sec. 1206. Modifications to naturalization provisions. Sec. 1207. Relief for long-term legal residents of the Commonwealth of the Northern Mariana Islands. Sec. 1208. Government contracting and acquisition of real property interest. Sec. 1209. Conforming amendments to the Social Security Act. TITLE II—Addressing the root causes of migration and responsibly managing the southern border Sec. 2001. Definitions. Subtitle A—Promoting the rule of law, security, and economic development in Central America Sec. 2101. United States Strategy for Engagement in Central America. Sec. 2102. Securing support of international donors and partners. Sec. 2103. Combating corruption, strengthening the rule of law, and consolidating democratic governance. Sec. 2104. Combating criminal violence and improving citizen security. Sec. 2105. Combating sexual, gender-based, and domestic violence. Sec. 2106. Tackling extreme poverty and advancing economic development. Sec. 2107. Authorization of appropriations for United States Strategy for Engagement in Central America. Subtitle B—Addressing migration needs by strengthening regional humanitarian responses for refugees and asylum seekers in the Western Hemisphere and strengthening repatriation initiatives Sec. 2201. Expanding refugee and asylum processing in the Western Hemisphere. Sec. 2202. Further strengthening regional humanitarian responses in the Western Hemisphere. Sec. 2203. Information campaign on dangers of irregular migration. Sec. 2204. Identification, screening, and processing of refugees and other individuals eligible for lawful admission to the United States. Sec. 2205. Registration and intake. Sec. 2206. Central American Refugee Program. Sec. 2207. Central American Minors Program. Sec. 2208. Central American Family Reunification Parole Program. Sec. 2209. Informational campaign; case status hotline. Subtitle C—Managing the border and protecting border communities Sec. 2301. Expediting legitimate trade and travel at ports of entry. Sec. 2302. Deploying smart technology at the southern border. Sec. 2303. Independent oversight on privacy rights. Sec. 2304. Training and continuing education. Sec. 2305. GAO study of waiver of environmental and other laws. Sec. 2306. Establishment of Border Community Stakeholder Advisory Committee. Sec. 2307. Rescue beacons. Sec. 2308. Use of force. Sec. 2309. Office of Professional Responsibility. Subtitle D—Improving border infrastructure for families and children; cracking down on criminal organizations Sec. 2401. Humanitarian and medical standards for individuals in U.S. Customs and Border Protection custody. Sec. 2402. Child welfare at the border. Sec. 2403. Office of Inspector General oversight. Sec. 2404. Enhanced investigation and prosecution of human smuggling networks and trafficking organizations. Sec. 2405. Enhanced penalties for organized smuggling schemes. Sec. 2406. Expanding financial sanctions on narcotics trafficking and money laundering. Sec. 2407. Support for transnational anti-gang task forces for countering criminal gangs. Sec. 2408. Hindering immigration, border, and customs controls. TITLE III—Reform of the immigrant visa system Subtitle A—Promoting family reunification Sec. 3101. Recapture of immigrant visas lost to bureaucratic delay. Sec. 3102. Reclassification of spouses and minor children of lawful permanent residents as immediate relatives. Sec. 3103. Adjustment of family-sponsored per-country limits. Sec. 3104. Promoting family unity. Sec. 3105. Relief for orphans, widows, and widowers. Sec. 3106. Exemption from immigrant visa limit for certain veterans who are natives of the Philippines. Sec. 3107. Fiancée or fiancé child status protection. Sec. 3108. Retention of priority dates. Sec. 3109. Inclusion of permanent partners. Sec. 3110. Definition of child. Sec. 3111. Termination of conditional permanent resident status for certain noncitizen permanent partners and sons and daughters upon finding qualifying permanent partnership improper. Sec. 3112. Nationality at birth. Subtitle B—National origin-Based antidiscrimination for nonimmigrants Sec. 3201. Expansion of nondiscrimination provision. Sec. 3202. Transfer and limitations on authority to suspend or restrict the entry of a class of noncitizens. Subtitle C—Diversity immigrants Sec. 3301. Increasing diversity visas. Subtitle D—Reforming employment-Based immigration Sec. 3401. Doctoral STEM graduates from accredited United States universities. Sec. 3402. Addressing visa backlogs. Sec. 3403. Eliminating employment-based per country levels. Sec. 3404. Increased immigrant visas for other workers. Sec. 3405. Flexible adjustments to employment-based immigrant visa program. Sec. 3406. Regional Economic Development Immigrant Visa Pilot Program. Sec. 3407. Wage-based consideration of temporary workers. Sec. 3408. Clarifying dual intent for postsecondary students. Sec. 3409. H–4 visa reform. Sec. 3410. Extensions related to pending petitions. Subtitle E—Promoting immigrant and refugee integration Sec. 3501. Definition of Foundation. Sec. 3502. United States Citizenship and Integration Foundation. Sec. 3503. Pilot program to promote immigrant integration at State and local levels. Sec. 3504. English as a Gateway to Integration grant program. Sec. 3505. Workforce Development and Shared Prosperity grant program. Sec. 3506. Existing citizenship education grants. Sec. 3507. Grant program to assist eligible applicants. Sec. 3508. Study on factors affecting employment opportunities for immigrants and refugees with professional credentials obtained in foreign countries. Sec. 3509. In-State tuition rates for refugees, asylees, and certain special immigrants. Sec. 3510. Waiver of English requirement for senior new Americans. Sec. 3511. Naturalization for certain United States high school graduates. Sec. 3512. Naturalization ceremonies. Sec. 3513. National citizenship promotion program. Sec. 3514. Authorization of appropriations for Foundation and pilot program. TITLE IV—Immigration courts, family values, and vulnerable individuals Subtitle A—Promoting efficient processing of asylum seekers, addressing immigration court backlogs, and efficiently repatriating migrants ordered removed Sec. 4101. Expanding alternatives to detention. Sec. 4102. Eliminating immigration court backlogs. Sec. 4103. Improved training for immigration judges and members of the Board of Immigration Appeals. Sec. 4104. New technology to improve court efficiency. Sec. 4105. Court appearance compliance and legal orientation. Sec. 4106. Improving court efficiency and reducing costs by increasing access to legal information. Sec. 4107. Facilitating safe and efficient repatriation. Subtitle B—Protecting family values and monitoring and caring for unaccompanied noncitizen children after arrival Sec. 4201. Definition of local educational agency. Sec. 4202. Responsibility of sponsor for immigration court compliance and child well-being. Sec. 4203. Funding to school districts for unaccompanied noncitizen children. Sec. 4204. School enrollment. Subtitle C—Admission and Protection of Refugees, Asylum Seekers, and Other Vulnerable Individuals Sec. 4301. Elimination of time limits on asylum applications. Sec. 4302. Increasing annual numerical limitation on U visas. Sec. 4303. Employment authorization for asylum seekers and other individuals. Sec. 4304. Enhanced protection for individuals seeking T visas, U visas, and protection under VAWA. Sec. 4305. Alternatives to detention. Sec. 4306. Notification of proceedings. Sec. 4307. Conversion of certain petitions. Sec. 4308. Improvements to application process for Afghan special immigrant visas. Sec. 4309. Special immigrant status for certain surviving spouses and children. Sec. 4310. Special immigrant status for certain Syrians who worked for the United States Government in Syria. Sec. 4311. Authorization of appropriations. TITLE V—Employment authorization and protecting workers from exploitation Sec. 5101. Commission on Employment Authorization. Sec. 5102. Power Act. Sec. 5103. Additional civil penalty. Sec. 5104. Continued application of workforce and labor protection remedies. Sec. 5105. Prohibition on discrimination based on national origin or citizenship status. Sec. 5106. Fairness for farmworkers. Sec. 5107. Protections for migrant and seasonal laborers. Sec. 5108. Directive to the United States Sentencing Commission. Sec. 5109. Labor Law Enforcement Fund. 2. Definitions In this Act: (1) In general Any term used in this Act that is used in the immigration laws shall have the meaning given such term in the immigration laws. (2) Immigration laws The term immigration laws has the meaning given the term in section 101(a) of the Immigration and Nationality Act ( 8 U.S.C. 1101(a) ). (3) Secretary The term Secretary means the Secretary of Homeland Security. 3. Terminology with respect to noncitizens (a) Immigration and Nationality Act (1) In general The Immigration and Nationality Act ( 8 U.S.C. 1101 et seq. ) is amended— (A) in section 101(a) ( 8 U.S.C. 1101(a) )— (i) by striking paragraph (3) and inserting the following: (3) Noncitizen The term noncitizen means any person not a citizen or national of the United States. ; and (ii) by adding at the end the following: (53) Noncitizenship The term noncitizenship means the condition of being a noncitizen. ; (B) by striking an alien each place it appears and inserting a noncitizen ; (C) by striking An alien each place it appears and inserting A noncitizen ; (D) by striking alien each place it appears and inserting noncitizen ; (E) by striking aliens each place it appears and inserting noncitizens ; (F) by striking alien's each place it appears and inserting noncitizen's ; and (G) by striking alienage each place it appears and inserting noncitizenship. (2) Headings The Immigration and Nationality Act ( 8 U.S.C. 1101 et seq. ) is amended— (A) in the title and chapter headings— (i) by striking Alien each place it appears and inserting Noncitizen ; and (ii) by striking Aliens each place it appears and inserting Noncitizens ; (B) in the section headings— (i) by striking Alien each place it appears and inserting Noncitizen ; (ii) by striking Aliens each place it appears and inserting Noncitizens ; and (iii) by striking Alienage each place it appears and inserting Noncitizenship ; (C) in the subsection headings— (i) by striking Alien each place it appears and inserting Noncitizen ; and (ii) by striking Aliens each place it appears and inserting Noncitizens ; and (D) in the paragraph, subparagraph, clause, subclause, item, and subitem headings— (i) by striking Alien each place it appears and inserting Noncitizen ; (ii) by striking alien each place it appears and inserting noncitizen ; (iii) by striking Aliens each place it appears and inserting Noncitizens ; and (iv) by striking aliens each place it appears and inserting noncitizens. (3) Table of contents The table of contents for the Immigration and Nationality Act ( 8 U.S.C. 1101 et seq. ) is amended— (A) by striking the item relating to title V and inserting the following: Title V—Noncitizen terrorist removal procedures ; and (B) in the items relating to the chapters and sections— (i) by striking Alien each place it appears and inserting Noncitizen ; (ii) by striking Aliens each place it appears and inserting Noncitizens ; (iii) by striking alien each place it appears and inserting noncitizen ; (iv) by striking aliens each place it appears and inserting noncitizens ; and (v) by striking alienage each place it appears and inserting noncitizenship. (b) Unaccompanied noncitizen children Section 462 of the Homeland Security Act of 2002 ( 6 U.S.C. 279 ) is amended by striking alien each place it appears and inserting noncitizen. (c) References to aliens With respect to a person who is not a citizen or national of the United States, any reference in Federal law, Federal regulation, or any written instrument issued by the executive branch of the Government to an alien shall be deemed to refer to a noncitizen (as defined in section 101(a) of the Immigration and Nationality Act, as amended by subsection (a)(1)). 1101. Lawful prospective immigrant status (a) In general Chapter 5 of title II of the Immigration and Nationality Act ( 8 U.S.C. 1255 et seq. ) is amended by inserting after section 245A the following: 245B. Adjustment of status of eligible entrants to that of lawful prospective immigrant (a) Requirements Notwithstanding any other provision of law, the Secretary may grant lawful prospective immigrant status to a noncitizen who— (1) satisfies the eligibility requirements set forth in section 245G(b), including all criminal and national security background checks and the payment of all applicable fees; and (2) submits an application pursuant to the procedures under section 245G(b)(1). (b) Spouses and children The requirement in paragraph (2) subsection (a) shall not apply to a noncitizen who is the spouse or child of a noncitizen who satisfies all requirements of that subsection. (c) Duration of status and extension The initial period of authorized admission for a lawful prospective immigrant— (1) shall remain valid for 6 years, unless revoked pursuant to subsection 245G(g)(4); and (2) may be extended for additional 6-year terms if— (A) the noncitizen remains eligible for lawful prospective immigrant status; (B) the noncitizen has successfully passed the background checks described in section 245G(d)(3); and (C) such status was not revoked by the Secretary. (d) Evidence of lawful prospective immigrant status (1) In general The Secretary shall issue documentary evidence of lawful prospective immigrant status to each noncitizen, including the principal applicant and any spouse or child included in the application, whose application for such status has been approved. (2) Documentation features Documentary evidence issued under paragraph (1) shall— (A) comply with the requirements of section 245G(g)(3)(C); and (B) specify a period of validity of 6 years beginning on the date of issuance. (e) Terms and conditions of lawful prospective immigrant status (1) In general A noncitizen granted lawful prospective immigrant status under this section shall be considered lawfully present in the United States for all purposes while such noncitizen remains in such status, except that the noncitizen— (A) is not entitled to the premium assistance tax credit authorized under section 36B of the Internal Revenue Code of 1986 for his or her health insurance coverage; (B) shall be subject to the rules applicable to individuals not lawfully present that are set forth in subsection (e) of that section; (C) shall be subject to the rules applicable to individuals not lawfully present that are set forth in section 1402(e) of the Patient Protection and Affordable Care Act ( 42 U.S.C. 18071 ); and (D) shall be subject to the rules applicable to individuals not lawfully present set forth in section 5000A(d)(3) of the Internal Revenue Code of 1986. (2) Eligibility for coverage under a qualified health plan Notwithstanding section 1312(f)(3) of the Patient Protection and Affordable Care Act ( 42 U.S.C. 18032(f)(3) ), a lawful prospective immigrant shall be treated as a qualified individual under section 1312 of that Act if the lawful prospective immigrant meets the requirements under subsection (f)(1) of that section. (3) Employment Notwithstanding any other provision of law, including section 241(a)(7), a lawful prospective immigrant shall be authorized to be employed in the United States while in such status. (4) Travel outside the United States A lawful prospective immigrant may travel outside of the United States and may be admitted, if otherwise admissible, upon returning to the United States without having to obtain a visa if— (A) the lawful prospective immigrant is in possession of— (i) valid, unexpired documentary evidence of lawful prospective immigrant status; or (ii) a travel document, duly approved by the Secretary, that was issued to the lawful prospective immigrant after the lawful prospective immigrant’s original documentary evidence was lost, stolen, or destroyed; (B) the lawful prospective immigrant’s absences from the United States do not exceed 180 days, in the aggregate, in any calendar year, unless— (i) the lawful prospective immigrant’s absences were authorized by the Secretary; or (ii) the lawful prospective immigrant’s failure to timely return was due to circumstances beyond the noncitizen’s control; (C) the lawful prospective immigrant meets the requirements for an extension as described in subsection (c)(2); and (D) the lawful prospective immigrant establishes that the lawful prospective immigrant is not inadmissible under subparagraph (A)(i), (A)(iii), (B), or (C) of section 212(a)(3). (5) Assignment of Social Security number (A) In general The Commissioner of Social Security (referred to in this paragraph as the Commissioner ), in coordination with the Secretary, shall implement a system to allow for the assignment of a Social Security number and the issuance of a Social Security card to each lawful prospective immigrant. (B) Information sharing (i) In general The Secretary shall provide the Commissioner with information from the applications submitted by noncitizens granted lawful prospective immigrant status under this section and such other information as the Commissioner considers necessary to assign a Social Security account number to such noncitizens. (ii) Use of information The Commissioner may use information received from the Secretary under this subparagraph— (I) to assign Social Security account numbers to lawful prospective immigrants; and (II) to administer the programs of the Social Security Administration. (iii) Limitation The Commissioner may maintain, use, and disclose such information only as permitted under section 552a of title 5, United States Code (commonly known as the Privacy Act of 1974), and other applicable Federal law.. (b) Enlistment in the Armed Forces Section 504(b)(1) of title 10, United States Code, is amended by adding at the end the following: (D) A noncitizen who has been granted lawful prospective immigrant status under section 245B of the Immigration and Nationality Act.. (c) Technical and conforming amendments (1) Table of contents The table of contents for the Immigration and Nationality Act ( 8 U.S.C. 1101 et seq. ) is amended by inserting after the item relating to section 245A the following: Sec. 245B. Adjustment of status of eligible entrants to that of lawful prospective immigrant.. (2) Definition of lawful prospective immigrant Section 101(a) of the Immigration and Nationality Act ( 8 U.S.C. 1101(a) ), as amended by section 3, is further amended by adding at the end the following: (54) Lawful prospective immigrant The term lawful prospective immigrant means a noncitizen granted lawful prospective immigrant status under section 245B.. 245B. Adjustment of status of eligible entrants to that of lawful prospective immigrant (a) Requirements Notwithstanding any other provision of law, the Secretary may grant lawful prospective immigrant status to a noncitizen who— (1) satisfies the eligibility requirements set forth in section 245G(b), including all criminal and national security background checks and the payment of all applicable fees; and (2) submits an application pursuant to the procedures under section 245G(b)(1). (b) Spouses and children The requirement in paragraph (2) subsection (a) shall not apply to a noncitizen who is the spouse or child of a noncitizen who satisfies all requirements of that subsection. (c) Duration of status and extension The initial period of authorized admission for a lawful prospective immigrant— (1) shall remain valid for 6 years, unless revoked pursuant to subsection 245G(g)(4); and (2) may be extended for additional 6-year terms if— (A) the noncitizen remains eligible for lawful prospective immigrant status; (B) the noncitizen has successfully passed the background checks described in section 245G(d)(3); and (C) such status was not revoked by the Secretary. (d) Evidence of lawful prospective immigrant status (1) In general The Secretary shall issue documentary evidence of lawful prospective immigrant status to each noncitizen, including the principal applicant and any spouse or child included in the application, whose application for such status has been approved. (2) Documentation features Documentary evidence issued under paragraph (1) shall— (A) comply with the requirements of section 245G(g)(3)(C); and (B) specify a period of validity of 6 years beginning on the date of issuance. (e) Terms and conditions of lawful prospective immigrant status (1) In general A noncitizen granted lawful prospective immigrant status under this section shall be considered lawfully present in the United States for all purposes while such noncitizen remains in such status, except that the noncitizen— (A) is not entitled to the premium assistance tax credit authorized under section 36B of the Internal Revenue Code of 1986 for his or her health insurance coverage; (B) shall be subject to the rules applicable to individuals not lawfully present that are set forth in subsection (e) of that section; (C) shall be subject to the rules applicable to individuals not lawfully present that are set forth in section 1402(e) of the Patient Protection and Affordable Care Act ( 42 U.S.C. 18071 ); and (D) shall be subject to the rules applicable to individuals not lawfully present set forth in section 5000A(d)(3) of the Internal Revenue Code of 1986. (2) Eligibility for coverage under a qualified health plan Notwithstanding section 1312(f)(3) of the Patient Protection and Affordable Care Act ( 42 U.S.C. 18032(f)(3) ), a lawful prospective immigrant shall be treated as a qualified individual under section 1312 of that Act if the lawful prospective immigrant meets the requirements under subsection (f)(1) of that section. (3) Employment Notwithstanding any other provision of law, including section 241(a)(7), a lawful prospective immigrant shall be authorized to be employed in the United States while in such status. (4) Travel outside the United States A lawful prospective immigrant may travel outside of the United States and may be admitted, if otherwise admissible, upon returning to the United States without having to obtain a visa if— (A) the lawful prospective immigrant is in possession of— (i) valid, unexpired documentary evidence of lawful prospective immigrant status; or (ii) a travel document, duly approved by the Secretary, that was issued to the lawful prospective immigrant after the lawful prospective immigrant’s original documentary evidence was lost, stolen, or destroyed; (B) the lawful prospective immigrant’s absences from the United States do not exceed 180 days, in the aggregate, in any calendar year, unless— (i) the lawful prospective immigrant’s absences were authorized by the Secretary; or (ii) the lawful prospective immigrant’s failure to timely return was due to circumstances beyond the noncitizen’s control; (C) the lawful prospective immigrant meets the requirements for an extension as described in subsection (c)(2); and (D) the lawful prospective immigrant establishes that the lawful prospective immigrant is not inadmissible under subparagraph (A)(i), (A)(iii), (B), or (C) of section 212(a)(3). (5) Assignment of Social Security number (A) In general The Commissioner of Social Security (referred to in this paragraph as the Commissioner ), in coordination with the Secretary, shall implement a system to allow for the assignment of a Social Security number and the issuance of a Social Security card to each lawful prospective immigrant. (B) Information sharing (i) In general The Secretary shall provide the Commissioner with information from the applications submitted by noncitizens granted lawful prospective immigrant status under this section and such other information as the Commissioner considers necessary to assign a Social Security account number to such noncitizens. (ii) Use of information The Commissioner may use information received from the Secretary under this subparagraph— (I) to assign Social Security account numbers to lawful prospective immigrants; and (II) to administer the programs of the Social Security Administration. (iii) Limitation The Commissioner may maintain, use, and disclose such information only as permitted under section 552a of title 5, United States Code (commonly known as the Privacy Act of 1974), and other applicable Federal law. 1102. Adjustment of status of lawful prospective immigrants (a) In general Chapter 5 of title II of the Immigration and Nationality Act ( 8 U.S.C. 1255 et seq. ), as amended by section 1101, is further amended by inserting after section 245B the following: 245C. Adjustment of status of lawful prospective immigrants (a) Requirements Notwithstanding any other provision of law, the Secretary may adjust the status of a lawful prospective immigrant to that of a lawful permanent resident if the lawful prospective immigrant— (1) subject to subsection (b), satisfies the eligibility requirements set forth in section 245G(b), including all criminal and national security background checks and the payment of all applicable fees; (2) submits an application pursuant to the procedures under section 245G(b)(1); (3) has been a lawful prospective immigrant for not less than 5 years; (4) remains eligible for such status; (5) establishes, to the satisfaction of the Secretary, that the lawful prospective immigrant has not been continuously absent from the United States for more than 180 days in any calendar year during the period of admission as a lawful prospective immigrant, unless the lawful prospective immigrant’s absence was— (A) authorized by the Secretary; or (B) due to circumstances beyond the lawful prospective immigrant’s control; and (6) has satisfied any applicable Federal tax liability. (b) Previous waivers For purposes of this section, any ground of inadmissibility under section 212(a) that was previously waived for a noncitizen, or made inapplicable under any section of this Act, shall not apply. (c) Demonstration of compliance An applicant may demonstrate compliance with subsection (a)(6) by submitting appropriate documentation, in accordance with regulations promulgated by the Secretary, in consultation with the Secretary of the Treasury. (d) Applicable Federal tax liability defined In this section, the term applicable Federal tax liability means all Federal income taxes assessed in accordance with section 6203 of the Internal Revenue Code of 1986.. (b) Technical and conforming amendments (1) Table of contents The table of contents for the Immigration and Nationality Act ( 8 U.S.C. 1101 et seq. ), as amended by section 1101, is further amended by inserting after the item relating to section 245B the following: Sec. 245C. Adjustment of status of lawful prospective immigrants.. (2) Definition of lawful permanent resident Section 101(a) of the Immigration and Nationality Act ( 8 U.S.C. 1101(a) ), as amended by section 1101, is further amended by adding at the end the following: (55) Lawful permanent resident The term lawful permanent resident means a noncitizen lawfully admitted for permanent residence.. 245C. Adjustment of status of lawful prospective immigrants (a) Requirements Notwithstanding any other provision of law, the Secretary may adjust the status of a lawful prospective immigrant to that of a lawful permanent resident if the lawful prospective immigrant— (1) subject to subsection (b), satisfies the eligibility requirements set forth in section 245G(b), including all criminal and national security background checks and the payment of all applicable fees; (2) submits an application pursuant to the procedures under section 245G(b)(1); (3) has been a lawful prospective immigrant for not less than 5 years; (4) remains eligible for such status; (5) establishes, to the satisfaction of the Secretary, that the lawful prospective immigrant has not been continuously absent from the United States for more than 180 days in any calendar year during the period of admission as a lawful prospective immigrant, unless the lawful prospective immigrant’s absence was— (A) authorized by the Secretary; or (B) due to circumstances beyond the lawful prospective immigrant’s control; and (6) has satisfied any applicable Federal tax liability. (b) Previous waivers For purposes of this section, any ground of inadmissibility under section 212(a) that was previously waived for a noncitizen, or made inapplicable under any section of this Act, shall not apply. (c) Demonstration of compliance An applicant may demonstrate compliance with subsection (a)(6) by submitting appropriate documentation, in accordance with regulations promulgated by the Secretary, in consultation with the Secretary of the Treasury. (d) Applicable Federal tax liability defined In this section, the term applicable Federal tax liability means all Federal income taxes assessed in accordance with section 6203 of the Internal Revenue Code of 1986. 1103. The Dream Act (a) In general Chapter 5 of title II of the Immigration and Nationality Act ( 8 U.S.C. 1255 et seq. ), as amended by section 1102, is further amended by inserting after section 245C the following: 245D. Adjustment of status for certain noncitizens who entered the United States as children (a) Requirements Notwithstanding any other provision of law, the Secretary may grant lawful permanent resident status to a noncitizen if the noncitizen— (1) satisfies the eligibility requirements set forth in section 245G(b), including all criminal and national security background checks and the payment of all applicable fees; (2) submits an application pursuant to the procedures under section 245G(b)(1); (3) was younger than 18 years of age on the date on which the noncitizen initially entered the United States; (4) has earned a high school diploma, a commensurate alternative award from a public or private high school or secondary school, a general education development certificate recognized under State law, or a high school equivalency diploma in the United States; (5) (A) has obtained a degree from an institution of higher education, or has completed at least 2 years, in good standing, of a program in the United States leading to a bachelor’s degree or higher degree or a recognized postsecondary credential from an area career and technical education school providing education at the postsecondary level; (B) has served in the uniformed services for not less than 2 years and, if discharged, received an honorable discharge; or (C) demonstrates earned income for periods totaling not less than 3 years and not less than 75 percent of the time that the noncitizen has had valid employment authorization, except that, in the case of a noncitizen who was enrolled in an institution of higher education or an area career and technical education school to obtain a recognized postsecondary credential, the Secretary shall reduce such total 3-year requirement by the total of such periods of enrollment; and (6) establishes that the noncitizen has registered under the Military Selective Service Act ( 50 U.S.C. 3801 et seq. ), if the noncitizen is subject to registration under that Act. (b) Waiver The Secretary may waive the requirement under subsection (a)(5) if the noncitizen demonstrates compelling circumstances for the noncitizen's inability to satisfy such requirement. (c) Spouses and children The requirements in paragraphs (2) through (6) of subsection (a) shall not apply to a noncitizen who is the spouse or child of a noncitizen who satisfies all requirements of that subsection. (d) Special procedure for applicants with DACA The Secretary shall establish a streamlined procedure for noncitizens who— (1) have been granted Deferred Action for Childhood Arrivals pursuant to the memorandum of the Department of Homeland Security entitled Exercising Prosecutorial Discretion with Respect to Individuals Who Came to the United States as Children issued on June 15, 2012 (referred to in this section as DACA ); and (2) meet the requirements for renewal of DACA to apply for adjustment of status to that of a lawful permanent resident. (e) Treatment of individuals granted DACA and individuals who adjust status under this section (1) Pre-existing condition insurance plan program The interim final rule of the Department of Health and Human Services entitled Pre-Existing Condition Insurance Plan Program (77 Fed. Reg. 52614 (August 30, 2012)) shall have no force or effect. (2) Applicable definition of lawfully present In determining whether an individual is lawfully present for purposes of determining whether the individual is lawfully residing in the United States under section 1903(v)(4) of the Social Security Act ( 42 U.S.C. 1396b(v)(4) ), the definition of lawfully present under section 152.2 of title 45, Code of Federal Regulations (or any successor regulation) shall be applied. (3) Inapplicability of limitation on Federal means-tested public benefits (A) In general Notwithstanding any other provision of law, except as provided in subparagraph (B), with respect to eligibility for any benefit under title XIX or XXI of the Social Security Act ( 42 U.S.C. 1396 et seq. or 1397aa et seq.), the limitation under section 403(a) of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 ( 8 U.S.C. 1613(a) ) shall not apply to an individual who adjusts status under this section. (B) Exception The limitation described in subparagraph (A) shall apply to an individual who was eligible to adjust status only by virtue of subsection (c). (f) Institution of higher education defined In this section, the term institution of higher education has the meaning given such term in section 102 of the Higher Education Act of 1965 ( 20 U.S.C. 1002 ), except that the term does not include institutions described in subsection (a)(1)(C) of such section.. (b) Compensation for officers or employees of the United States Section 704 of title VII of division E of the Consolidated Appropriations Act, 2018 ( Public Law 115–141 ; 132 Stat. 588) is amended— (1) in paragraph (3), by striking ; or and inserting a semicolon; and (2) in paragraph (4), by inserting ; or (5) is a person who is employed by the House of Representatives or the Senate, and has been issued an employment authorization document under DACA after United States. (c) Restoration of State option To determine residency for purposes of higher education (1) Repeal Section 505 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 ( 8 U.S.C. 1623 ) is repealed. (2) Effective date The repeal under paragraph (1) shall take effect as if included in the original enactment of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (division C of Public Law 104–208 ). (d) Federal Housing Administration insurance of mortgages Section 203 of the National Housing Act ( 12 U.S.C. 1709 ) is amended by inserting after subsection (h) the following: (i) DACA recipient eligibility (1) DACA recipient defined In this subsection, the term DACA recipient means a noncitizen who, at any time before, on, or after the date of enactment of this subsection, is or was subject to a grant of deferred action pursuant to the Department of Homeland Security memorandum entitled Exercising Prosecutorial Discretion with Respect to Individuals Who Came to the United States as Children issued on June 15, 2012. (2) Prohibition The Secretary may not— (A) prescribe terms that limit the eligibility of a single family mortgage for insurance under this title because of the status of the mortgagor as a DACA recipient; or (B) issue any limited denial of participation in the program for such insurance because of the status of the mortgagor as a DACA recipient. (3) Exemption (A) Denial for failure to satisfy valid eligibility requirements Nothing in this title prohibits the denial of insurance based on failure to satisfy valid eligibility requirements. (B) Invalid eligibility requirements Valid eligibility requirements do not include criteria that were adopted with the purpose of denying eligibility for insurance because of race, color, religion, sex, familial status, national origin, disability, or the status of a mortgagor as a DACA recipient.. (e) Rural Housing Service Section 501 of the Housing Act of 1949 ( 42 U.S.C. 1471 ) is amended by adding at the end the following: (k) DACA recipient eligibility (1) DACA recipient defined In this subsection, the term DACA recipient means a noncitizen who, at any time before, on, or after the date of enactment of this subsection, is or was subject to a grant of deferred action pursuant to the Department of Homeland Security memorandum entitled Exercising Prosecutorial Discretion with Respect to Individuals Who Came to the United States as Children issued on June 15, 2012. (2) Prohibition The Secretary may not prescribe terms that limit eligibility for a single family mortgage made, insured, or guaranteed under this title because of the status of the mortgagor as a DACA recipient.. (f) Fannie Mae Section 302(b) of the National Housing Act ( 12 U.S.C. 1717(b) ) is amended by adding at the end the following: (8) DACA recipient eligibility (A) DACA recipient defined In this paragraph, the term DACA recipient means a noncitizen who, at any time before, on, or after the date of enactment of this paragraph, is or was subject to a grant of deferred action pursuant to the Department of Homeland Security memorandum entitled Exercising Prosecutorial Discretion with Respect to Individuals Who Came to the United States as Children issued on June 15, 2012. (B) Prohibition The corporation may not condition purchase of a single-family residence mortgage by the corporation under this subsection on the status of the borrower as a DACA recipient.. (g) Freddie Mac Section 305(a) of the Federal Home Loan Mortgage Corporation Act ( 12 U.S.C. 1454(a) ) is amended by adding at the end the following: (6) DACA recipient eligibility (A) DACA recipient defined In this paragraph, the term DACA recipient means a noncitizen who, at any time before, on, or after the date of enactment of this paragraph, is or was subject to a grant of deferred action pursuant to the Department of Homeland Security memorandum entitled Exercising Prosecutorial Discretion with Respect to Individuals Who Came to the United States as Children issued on June 15, 2012. (B) Prohibition The Corporation may not condition purchase of a single-family residence mortgage by the Corporation under this subsection on the status of the borrower as a DACA recipient.. (h) Technical and conforming amendment The table of contents for the Immigration and Nationality Act ( 8 U.S.C. 1101 et seq. ), as amended by section 1102, is further amended by inserting after the item relating to section 245C the following: Sec. 245D. Adjustment of status for certain noncitizens who entered the United States as children.. 245D. Adjustment of status for certain noncitizens who entered the United States as children (a) Requirements Notwithstanding any other provision of law, the Secretary may grant lawful permanent resident status to a noncitizen if the noncitizen— (1) satisfies the eligibility requirements set forth in section 245G(b), including all criminal and national security background checks and the payment of all applicable fees; (2) submits an application pursuant to the procedures under section 245G(b)(1); (3) was younger than 18 years of age on the date on which the noncitizen initially entered the United States; (4) has earned a high school diploma, a commensurate alternative award from a public or private high school or secondary school, a general education development certificate recognized under State law, or a high school equivalency diploma in the United States; (5) (A) has obtained a degree from an institution of higher education, or has completed at least 2 years, in good standing, of a program in the United States leading to a bachelor’s degree or higher degree or a recognized postsecondary credential from an area career and technical education school providing education at the postsecondary level; (B) has served in the uniformed services for not less than 2 years and, if discharged, received an honorable discharge; or (C) demonstrates earned income for periods totaling not less than 3 years and not less than 75 percent of the time that the noncitizen has had valid employment authorization, except that, in the case of a noncitizen who was enrolled in an institution of higher education or an area career and technical education school to obtain a recognized postsecondary credential, the Secretary shall reduce such total 3-year requirement by the total of such periods of enrollment; and (6) establishes that the noncitizen has registered under the Military Selective Service Act ( 50 U.S.C. 3801 et seq. ), if the noncitizen is subject to registration under that Act. (b) Waiver The Secretary may waive the requirement under subsection (a)(5) if the noncitizen demonstrates compelling circumstances for the noncitizen's inability to satisfy such requirement. (c) Spouses and children The requirements in paragraphs (2) through (6) of subsection (a) shall not apply to a noncitizen who is the spouse or child of a noncitizen who satisfies all requirements of that subsection. (d) Special procedure for applicants with DACA The Secretary shall establish a streamlined procedure for noncitizens who— (1) have been granted Deferred Action for Childhood Arrivals pursuant to the memorandum of the Department of Homeland Security entitled Exercising Prosecutorial Discretion with Respect to Individuals Who Came to the United States as Children issued on June 15, 2012 (referred to in this section as DACA ); and (2) meet the requirements for renewal of DACA to apply for adjustment of status to that of a lawful permanent resident. (e) Treatment of individuals granted DACA and individuals who adjust status under this section (1) Pre-existing condition insurance plan program The interim final rule of the Department of Health and Human Services entitled Pre-Existing Condition Insurance Plan Program (77 Fed. Reg. 52614 (August 30, 2012)) shall have no force or effect. (2) Applicable definition of lawfully present In determining whether an individual is lawfully present for purposes of determining whether the individual is lawfully residing in the United States under section 1903(v)(4) of the Social Security Act ( 42 U.S.C. 1396b(v)(4) ), the definition of lawfully present under section 152.2 of title 45, Code of Federal Regulations (or any successor regulation) shall be applied. (3) Inapplicability of limitation on Federal means-tested public benefits (A) In general Notwithstanding any other provision of law, except as provided in subparagraph (B), with respect to eligibility for any benefit under title XIX or XXI of the Social Security Act ( 42 U.S.C. 1396 et seq. or 1397aa et seq.), the limitation under section 403(a) of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 ( 8 U.S.C. 1613(a) ) shall not apply to an individual who adjusts status under this section. (B) Exception The limitation described in subparagraph (A) shall apply to an individual who was eligible to adjust status only by virtue of subsection (c). (f) Institution of higher education defined In this section, the term institution of higher education has the meaning given such term in section 102 of the Higher Education Act of 1965 ( 20 U.S.C. 1002 ), except that the term does not include institutions described in subsection (a)(1)(C) of such section. 1104. The American Promise Act (a) Adjustment of status for certain nationals of certain countries designated for temporary protected status or deferred enforced departure Chapter 5 of title II of the Immigration and Nationality Act ( 8 U.S.C. 1255 et seq. ), as amended by section 1103, is further amended by inserting after section 245D the following: 245E. Adjustment of status for certain nationals of certain countries designated for temporary protected status or deferred enforced departure (a) Requirements Notwithstanding any other provision of law, the Secretary may grant lawful permanent resident status to a noncitizen if the noncitizen— (1) satisfies the eligibility requirements set forth in section 245G(b), including all criminal and national security background checks and the payment of all applicable fees; (2) submits an application pursuant to the procedures under section 245G(b)(1); (3) subject to section 245G(b)(3)(B)(ii), has been continuously physically present in the United States since January 1, 2017; and (4) (A) is a national of a foreign state (or a part thereof), or in the case of a noncitizen having no nationality, is a person who last habitually resided in such foreign state, with a designation under section 244(b) on January 1, 2017, who had or was otherwise eligible for temporary protected status on such date notwithstanding subsections (c)(1)(A)(iv) and (c)(3)(C) of that section; or (B) was eligible for deferred enforced departure as of January 1, 2017. (b) Spouses and children The requirements of paragraphs (2) through (4) of subsection (a) shall not apply to a noncitizen who is the spouse or child of a noncitizen who satisfies all the requirements of subsection (a).. (b) Clarification of inspection and admission under temporary protected status The Immigration and Nationality Act ( 8 U.S.C. 1101 et seq. ) is amended— (1) in section 244(f)(4) ( 8 U.S.C. 1254a(f)(4) ), by inserting as having been inspected and admitted to the United States after considered ; and (2) in section 245(c) ( 8 U.S.C. 1255(c) ), in the matter preceding paragraph (1), by inserting or a noncitizen granted temporary protected status under section 244 after self-petitioner. (c) Technical and conforming amendment The table of contents for the Immigration and Nationality Act ( 8 U.S.C. 1101 et seq. ), as amended by section 1103, is further amended by inserting after the item relating to section 245D the following: Sec. 245E. Adjustment of status for certain nationals of certain countries designated for temporary protected status or deferred enforced departure.. 245E. Adjustment of status for certain nationals of certain countries designated for temporary protected status or deferred enforced departure (a) Requirements Notwithstanding any other provision of law, the Secretary may grant lawful permanent resident status to a noncitizen if the noncitizen— (1) satisfies the eligibility requirements set forth in section 245G(b), including all criminal and national security background checks and the payment of all applicable fees; (2) submits an application pursuant to the procedures under section 245G(b)(1); (3) subject to section 245G(b)(3)(B)(ii), has been continuously physically present in the United States since January 1, 2017; and (4) (A) is a national of a foreign state (or a part thereof), or in the case of a noncitizen having no nationality, is a person who last habitually resided in such foreign state, with a designation under section 244(b) on January 1, 2017, who had or was otherwise eligible for temporary protected status on such date notwithstanding subsections (c)(1)(A)(iv) and (c)(3)(C) of that section; or (B) was eligible for deferred enforced departure as of January 1, 2017. (b) Spouses and children The requirements of paragraphs (2) through (4) of subsection (a) shall not apply to a noncitizen who is the spouse or child of a noncitizen who satisfies all the requirements of subsection (a). 1105. The Agricultural Workers Adjustment Act (a) In general Chapter 5 of title II of the Immigration and Nationality Act ( 8 U.S.C. 1255 et seq. ), as amended by section 1104, is further amended by inserting after section 245E the following: 245F. Adjustment of status for agricultural workers (a) Requirements Notwithstanding any other provision of law, the Secretary may grant lawful permanent resident status to a noncitizen if— (1) the noncitizen satisfies the eligibility requirements set forth in section 245G(b), including all criminal and national security background checks and the payment of all applicable fees; and (2) submits an application pursuant to the procedures under section 245G(b)(1); and (3) the Secretary determines that, during the 5-year period immediately preceding the date on which the noncitizen submits an application under this section, the noncitizen performed agricultural labor or services for at least 2,300 hours or 400 work days. (b) Spouses and children The requirements of paragraph (3) of subsection (a) shall not apply to a noncitizen who is the spouse or child of a noncitizen who satisfies all the requirements of that subsection. (c) Agricultural labor or services defined In this section, the term agricultural labor or services means— (1) agricultural labor or services (within the meaning of the term in section 101(a)(15)(H)(ii)), without regard to whether the labor or services are of a seasonal or temporary nature; and (2) agricultural employment (as defined in section 3 of the Migrant and Seasonal Agricultural Worker Protection Act ( 29 U.S.C. 1802 )), without regard to whether the specific service or activity is temporary or seasonal.. (b) Technical and conforming amendment The table of contents for the Immigration and Nationality Act ( 8 U.S.C. 1101 et seq. ), as amended by section 1104, is further amended by inserting after the item relating to section 245E the following: Sec. 245F. Adjustment of status for agricultural workers.. 245F. Adjustment of status for agricultural workers (a) Requirements Notwithstanding any other provision of law, the Secretary may grant lawful permanent resident status to a noncitizen if— (1) the noncitizen satisfies the eligibility requirements set forth in section 245G(b), including all criminal and national security background checks and the payment of all applicable fees; and (2) submits an application pursuant to the procedures under section 245G(b)(1); and (3) the Secretary determines that, during the 5-year period immediately preceding the date on which the noncitizen submits an application under this section, the noncitizen performed agricultural labor or services for at least 2,300 hours or 400 work days. (b) Spouses and children The requirements of paragraph (3) of subsection (a) shall not apply to a noncitizen who is the spouse or child of a noncitizen who satisfies all the requirements of that subsection. (c) Agricultural labor or services defined In this section, the term agricultural labor or services means— (1) agricultural labor or services (within the meaning of the term in section 101(a)(15)(H)(ii)), without regard to whether the labor or services are of a seasonal or temporary nature; and (2) agricultural employment (as defined in section 3 of the Migrant and Seasonal Agricultural Worker Protection Act ( 29 U.S.C. 1802 )), without regard to whether the specific service or activity is temporary or seasonal. 1106. General provisions relating to adjustment of status (a) In general Chapter 5 of title II of the Immigration and Nationality Act ( 8 U.S.C. 1255 et seq. ), as amended by section 1105, is further amended by inserting after section 245E the following: 245G. General provisions relating to adjustment of status (a) Applicability Unless otherwise specified, the provisions of this section shall apply to sections 245B, 245C, 245D, 245E, and 245F. (b) Common eligibility requirements for applications under sections 245B, 245C, 245D, 245E, and 245F Unless otherwise specified, a noncitizen applying for status under section 245B, 245C, 245D, 245E, or 245F shall satisfy the following requirements: (1) Submittal of application The noncitizen shall submit a completed application to the Secretary at such time, in such manner, and containing such information as the Secretary shall require. (2) Payment of fees (A) In general A noncitizen who is 18 years of age or older shall pay to the Department of Homeland Security a processing fee in an amount determined by the Secretary. (B) Recovery of costs The processing fee referred to in subparagraph (A) shall be set at a level sufficient to recover the cost of processing the application. (C) Authority to limit fees The Secretary may— (i) limit the maximum processing fee payable under this paragraph by a family; and (ii) for good cause, exempt individual applicants or defined classes of applicants from the requirement to pay fees under this paragraph. (D) Deposit Fees collected under this paragraph shall be deposited into the Immigration Examinations Fee Account pursuant to section 286(m). (3) Physical presence (A) Date of submittal of application The noncitizen shall be physically present in the United States on the date on which the application is submitted. (B) Continuous physical presence (i) In general Except as provided in clause (ii), the noncitizen shall have been continuously physically present in the United States beginning on January 1, 2023, and ending on the date on which the application is approved. (ii) Exceptions (I) Authorized absence A noncitizen who departed temporarily from the United States shall not be considered to have failed to maintain continuous physical presence in the United States during any period of travel that was authorized by the Secretary. (II) Brief, casual, and innocent absences (aa) In general A noncitizen who departed temporarily from the United States shall not be considered to have failed to maintain continuous physical presence in the United States if the noncitizen’s absences from the United States are brief, casual, and innocent, whether or not such absences were authorized by the Secretary. (bb) Absences more than 180 days For purposes of this clause, an absence of more than 180 days, in the aggregate, during a calendar year shall not be considered brief, unless the Secretary finds that the length of the absence was due to circumstances beyond the noncitizen’s control, including the serious illness of the noncitizen, death or serious illness of a spouse, parent, grandparent, grandchild, sibling, son, or daughter of the noncitizen, or due to international travel restrictions. (iii) Effect of notice to appear Issuance of a notice to appear under section 239(a) shall not be considered to interrupt the continuity of a noncitizen’s continuous physical presence in the United States. (4) Waiver for noncitizens previously removed (A) In general With respect to a noncitizen who was removed from or who departed the United States on or after January 20, 2017, and who was continuously physically present in the United States for not fewer than 3 years immediately preceding the date on which the noncitizen was removed or departed, the Secretary may waive, for humanitarian purposes, to ensure family unity, or if such a waiver is otherwise in the public interest, the application of— (i) paragraph (3)(A); and (ii) in the case of an applicant for lawful prospective immigrant status under section 245B, if the applicant has not reentered the United States unlawfully after January 1, 2023, subsection (c)(3). (B) Application procedure The Secretary, in consultation with the Secretary of State, shall establish a procedure by which a noncitizen, while outside the United States, may apply for status under section 245B, 245C, 245D, 245E, or 245F, as applicable, if the noncitizen would have been eligible for such status but for the noncitizen's removal or departure. (c) Grounds for ineligibility (1) Certain grounds of inadmissibility (A) In general Subject to subparagraph (B), a noncitizen shall be ineligible for status under sections 245B, 245C, 245D, 245E, and 245F if the noncitizen— (i) is inadmissible under paragraph (2), (3), (6)(E), (8), (10)(C), or (10)(E) of section 212(a); (ii) has been convicted of a felony offense (excluding any offense under State law for which an essential element in the noncitizen's immigration status); or (iii) has been convicted of 3 or more misdemeanor offenses (excluding simple possession of cannabis or cannabis-related paraphernalia, any offense involving cannabis or cannabis-related paraphernalia that is no longer prosecutable in the State in which the conviction was entered, any offense under State law for which an essential element is the noncitizen’s immigration status, any offense involving civil disobedience without violence, and any minor traffic offense) not occurring on the same date, and not arising out of the same act, omission, or scheme of misconduct. (B) Waivers (i) In general For purposes of subparagraph (A), the Secretary may, for humanitarian purposes, family unity, or if otherwise in the public interest— (I) waive inadmissibility under— (aa) subparagraphs (A), (C), and (D) of section 212(a)(2); and (bb) paragraphs (6)(E), (8), (10)(C), and (10)(E) of such section; (II) waive ineligibility under subparagraph (A)(ii) (excluding offenses described in section 101(a)(43)(A)) or inadmissibility under subparagraph (B) of section 212(a)(2) if the noncitizen has not been convicted of any offense during the 10-year period preceding the date on which the noncitizen applies for status under section 245B, 245C, 245D, 245E, or 245F, as applicable; and (III) for purposes of subparagraph (A)(iii), waive consideration of— (aa) 1 misdemeanor offense if, during the 5-year period preceding the date on which the noncitizen applies for status under section 245B, 245C, 245D, 245E, or 245F, as applicable, the noncitizen has not been convicted of any offense; or (bb) 2 misdemeanor offenses if, during the 10-year period preceding such date, the noncitizen has not been convicted of any offense. (ii) Considerations In making a determination under subparagraph (B), the Secretary of Homeland Security or the Attorney General shall consider all mitigating and aggravating factors, including— (I) the severity of the underlying circumstances, conduct, or violation; (II) the duration of the noncitizen’s residence in the United States; (III) evidence of rehabilitation, if applicable; and (IV) the extent to which the noncitizen’s removal, or the denial of the noncitizen’s application, would adversely affect the noncitizen or the noncitizen’s United States citizen or lawful permanent resident family members. (2) Noncitizens in certain immigration statuses (A) In general A noncitizen shall be ineligible for status under sections 245B, 245C, 245D, 245E, and 245F if on January 1, 2023, the noncitizen was any of the following: (i) A lawful permanent resident. (ii) A noncitizen admitted as a refugee under section 207 or granted asylum under section 208. (iii) A noncitizen who, according to the records of the Secretary or the Secretary of State, is in a period of authorized stay in a nonimmigrant status described in section 101(a)(15)(A), other than— (I) a spouse or a child of a noncitizen eligible for status under section 245B, 245C, 245D, 245E, or 245F; (II) a noncitizen considered to be in a nonimmigrant status solely by reason of section 702 of the Consolidated Natural Resources Act of 2008 ( Public Law 110–229 ; 122 Stat. 854) or section 244(f)(4) of this Act; (III) a nonimmigrant described in section 101(a)(15)(H)(ii)(a); and (IV) a noncitizen who has engaged in essential critical infrastructure labor or services , as described in the Advisory Memorandum on Identification of Essential Critical Infrastructure Workers During COVID–19 Response (as revised by the Department of Homeland Security) during the period described in subparagraph (B). (iv) A noncitizen paroled into the Commonwealth of the Northern Mariana Islands or Guam who did not reside in the Commonwealth or Guam on November 28, 2009. (B) Period described The period described in this subparagraph is the period that— (i) begins on the first day of the public health emergency declared by the Secretary of Health and Human Services under section 319 of the Public Health Service Act ( 42 U.S.C. 247d ) with respect to COVID–19; and (ii) ends on the date that is 90 days after the date on which such public health emergency terminates. (3) Certain noncitizens outside the United States and unlawful reentrants A noncitizen shall be ineligible for status under sections 245B, 245C, 245D, 245E, and 245F if the noncitizen— (A) departed the United States while subject to an order of exclusion, deportation, removal, or voluntary departure; and (B) (i) was outside the United States on January 1, 2021; or (ii) reentered the United States unlawfully after January 1, 2023. (d) Submission of biometric and biographic data; background checks (1) In general The Secretary may not grant a noncitizen status under section 245B, 245C, 245D, 245E, or 245F unless the noncitizen submits biometric and biographic data, in accordance with procedures established by the Secretary. (2) Alternative procedure The Secretary shall provide an alternative procedure for noncitizens who are unable to provide such biometric or biographic data due to a physical impairment. (3) Background checks (A) In general The Secretary shall use biometric and biographic data— (i) to conduct security and law enforcement background checks; and (ii) to determine whether there is any criminal, national security, or other factor that would render the noncitizen ineligible for status under section 245B, 245C, 245D, 245E, or 245F, as applicable. (B) Completion required A noncitizen may not be granted status under section 245B, 245C, 245D, 245E, or 245F unless security and law enforcement background checks are completed to the satisfaction of the Secretary. (e) Eligibility for other statuses (1) In general A noncitizen’s eligibility for status under section 245B, 245C, 245D, 245E, or 245F shall not preclude the noncitizen from seeking any status under any other provision of law for which the noncitizen may otherwise be eligible. (2) Inapplicability of other provisions Section 208(d)(6) shall not apply to any noncitizen who submits an application under section 245B, 245C, 245D, 245E, or 245F. (f) Exemption from numerical limitation Nothing in this section or section 245B, 245C, 245D, 245E, or 245F or in any other law may be construed— (1) to limit the number of noncitizens who may be granted status under sections 245B, 245C, 245D, 245E, and 245F; or (2) to count against any other numerical limitation under this Act. (g) Procedures (1) Opportunity to apply and limitation on removal A noncitizen who appears to be prima facie eligible for status under section 245B, 245C, 245D, 245E, or 245F shall be given a reasonable opportunity to apply for such adjustment of status and, if the noncitizen applies within a reasonable period, the noncitizen shall not be removed before— (A) the Secretary has issued a final decision denying relief; (B) a final order of removal has been issued; and (C) the decision of the Secretary is upheld by a court, or the time for initiating judicial review under section 242 has expired, unless the order of removal is based on criminal or national security grounds, in which case removal does not affect the noncitizen’s right to judicial review. (2) Spouses and children (A) Family application The Secretary shall establish a process by which a principal applicant and his or her spouse and children may file a single combined application under section 245B, 245C, 245D, 245E, or 245F, including a petition to classify the spouse and children as the spouse and children of the principal applicant. (B) Effect of termination of legal relationship or domestic violence If the spousal or parental relationship between a noncitizen granted lawful prospective immigrant status or lawful permanent resident status under section 245B, 245C, 245D, 245E, or 245F and the noncitizen’s spouse or child is terminated by death, divorce, or annulment, or the spouse or child has been battered or subjected to extreme cruelty by the noncitizen (regardless of whether the legal relationship terminates), the spouse or child may apply independently for lawful prospective immigrant status or lawful permanent resident status if he or she is otherwise eligible. (C) Effect of denial of application or revocation of status If the application of a noncitizen for status under section 245B, 245C, 245D, 245E, or 245F is denied, or his or her status is revoked, the spouse or child of such noncitizen shall remain eligible to apply independently for status under the applicable section. (3) Adjudication (A) In general The Secretary shall evaluate each application submitted under section 245B, 245C, 245D, 245E, or 245F to determine whether the applicant meets the applicable requirements. (B) Adjustment of status if favorable determination If the Secretary determines that a noncitizen meets the requirements of section 245B, 245C, 245D, 245E, or 245F, as applicable, the Secretary shall— (i) notify the noncitizen of such determination; and (ii) adjust the status of the noncitizen to that of lawful prospective immigrant or lawful permanent resident, as applicable, effective as of the date of such determination. (C) Documentary evidence of status (i) In general The Secretary shall issue documentary evidence of lawful prospective immigrant status or lawful permanent resident status, as applicable, to each noncitizen whose application for such status has been approved. (ii) Elements Documentary evidence issued under clause (i) shall— (I) be machine readable and tamper resistant; (II) contain a digitized photograph of the noncitizen; (III) during the noncitizen’s authorized period of admission, serve as a valid travel and entry document; and (IV) include such other features and information as the Secretary may prescribe. (iii) Employment authorization Documentary evidence issued under clause (i) shall be accepted during the period of its validity by an employer as evidence of employment authorization and identity under section 274A(b)(1)(B); and (D) Adverse determination If the Secretary determines that the noncitizen does not meet the requirements for the status for which the noncitizen applied, the Secretary shall notify the noncitizen of such determination. (E) Withdrawal of application (i) In general On receipt of a request to withdraw an application under section 245B, 245C, 245D, 245E, or 245F, the Secretary shall cease processing of the application and close the case. (ii) Effect of withdrawal Withdrawal of such an application shall not prejudice any future application filed by the applicant for any immigration benefit under this Act. (F) Document requirements (i) Establishing identity A noncitizen’s application for status under section 245B, 245C, 245D, 245E, or 245F may include, as evidence of identity, the following: (I) A passport or national identity document from the noncitizen’s country of origin that includes the noncitizen’s name and the noncitizen’s photograph or fingerprint. (II) The noncitizen’s birth certificate and an identity card that includes the noncitizen’s name and photograph. (III) A school identification card that includes the noncitizen’s name and photograph, and school records showing the noncitizen’s name and that the noncitizen is or was enrolled at the school. (IV) A uniformed services identification card issued by the Department of Defense. (V) Any immigration or other document issued by the United States Government bearing the noncitizen’s name and photograph. (VI) A State-issued identification card bearing the noncitizen's name and photograph. (VII) Any other evidence that the Secretary determines to be credible. (ii) Documents establishing continuous physical presence Evidence that the noncitizen has been continuously physically present in the United States may include the following: (I) Passport entries, including admission stamps on the noncitizen’s passport. (II) Any document from the Department of Justice or the Department of Homeland Security noting the noncitizen’s date of entry into the United States. (III) Records from any educational institution the noncitizen has attended in the United States. (IV) Employment records of the noncitizen that include the employer’s name and contact information. (V) Records of service from the uniformed services. (VI) Official records from a religious entity confirming the noncitizen’s participation in a religious ceremony. (VII) A birth certificate for a child who was born in the United States. (VIII) Hospital or medical records showing medical treatment or hospitalization, the name of the medical facility or physician, and the date of the treatment or hospitalization. (IX) Automobile license receipts or registration. (X) Deeds, mortgages, or rental agreement contracts. (XI) Rent receipts or utility bills bearing the noncitizen’s name or the name of an immediate family member of the noncitizen, and the noncitizen’s address. (XII) Tax receipts. (XIII) Insurance policies. (XIV) Remittance records, including copies of money order receipts sent in or out of the country. (XV) Travel records, including online or hardcopy airplane, bus and train tickets, itineraries, and hotel or hostel receipts. (XVI) Dated bank transactions. (XVII) Sworn affidavits from at least two individuals who are not related to the noncitizen who have direct knowledge of the noncitizen’s continuous physical presence in the United States, that contain— (aa) the name, address, and telephone number of the affiant; and (bb) the nature and duration of the relationship between the affiant and the noncitizen. (XVIII) Any other evidence determined to be credible. (iii) Documents establishing exemption from application fees The Secretary shall set forth, by regulation, the documents that may be used as evidence that a noncitizen’s application for status under section 245B, 245C, 245D, 245E, or 245F is exempt from an application fee under subsection (b)(2). (iv) Authority to prohibit use of certain documents If the Secretary determines, after publication in the Federal Register and an opportunity for public comment, that any document or class of documents does not reliably establish identity, or that any document or class of documents is frequently being used to obtain relief under this section and is being obtained fraudulently to an unacceptable degree, the Secretary may prohibit or restrict the use of such document or class of documents. (G) Sufficiency of the evidence (i) Failure to submit sufficient evidence The Secretary may deny an application under section 245B, 245C, 245D, 245E, or 245F submitted by a noncitizen who fails to submit requested initial evidence, including requested biometric data, or any requested additional evidence, by the date required by the Secretary. (ii) Amended application A noncitizen whose application is denied under clause (i) may, without an additional fee, submit to the Secretary an amended application or supplement the existing application if the amended or supplemented application contains the required information and any fee that was missing from the initial application. (iii) Fulfillment of eligibility requirements Except as provided in clause (i), an application— (I) may not be denied for failure to submit particular evidence; and (II) may only be denied on evidentiary grounds if the evidence submitted is not credible or otherwise fails to establish eligibility. (iv) Authority to determine probity of evidence The Secretary may determine— (I) whether evidence is credible; and (II) the weight to be given the evidence. (4) Revocation (A) In general If the Secretary determines that a noncitizen fraudulently obtained status under section 245B, 245C, 245D, 245E, or 245F, the Secretary may revoke such status at any time after— (i) providing appropriate notice to the noncitizen; (ii) providing the noncitizen an opportunity to respond; and (iii) the exhaustion or waiver of all applicable administrative review procedures under paragraph (6). (B) Additional evidence In determining whether to revoke a noncitizen’s status under subparagraph (A), the Secretary may require the noncitizen— (i) to submit additional evidence; or (ii) to appear for an interview. (C) Invalidation of documentation If a noncitizen’s status is revoked under subparagraph (A), any documentation issued by the Secretary to the noncitizen under paragraph (3)(C) shall automatically be rendered invalid for any purpose except for departure from the United States. (5) Administrative review (A) Exclusive administrative review Administrative review of a determination with respect to an application for status under section 245B, 245C, 245D, 245E, or 245F shall be conducted solely in accordance with this paragraph. (B) Administrative appellate review (i) Establishment of administrative appellate authority The Secretary shall establish or designate an appellate authority to provide for a single level of administrative appellate review of denials of applications or petitions submitted, and revocations of status, under sections 245B, 245C, 245D, 245E, and 245F. (ii) Single appeal for each administrative decision A noncitizen in the United States whose application for status under section 245B, 245C, 245D, 245E, or 245F has been denied or whose status under any such section has been revoked may submit to the Secretary not more than 1 appeal of each such decision. (iii) Notice of appeal A notice of appeal under this paragraph shall be submitted not later than 90 days after the date of service of the denial or revocation, unless a delay beyond the 90-day period is reasonably justifiable. (iv) Review by Secretary Nothing in this paragraph may be construed to limit the authority of the Secretary to certify appeals for review and final decision. (v) Denial of petitions for spouses and children A decision to deny, or revoke approval of, a petition submitted by a noncitizen to classify a spouse or child of the noncitizen as the spouse or child of a noncitizen for purposes of section 245B, 245C, 245D, 245E, or 245F may be appealed under this paragraph. (C) Stay of removal Noncitizens seeking administrative review of a denial, or revocation of approval, of an application for status under section 245B, 245C, 245D, 245E, or 245F shall not be removed from the United States before a final decision is rendered establishing ineligibility for such status. (D) Record for review Administrative appellate review under this paragraph shall be de novo and based solely upon— (i) the administrative record established at the time of the determination on the application; and (ii) any additional newly discovered or previously unavailable evidence. (6) Judicial review Judicial review of decisions denying, or revoking approval of, applications or petitions under sections 245B, 245C, 245D, 245E, and 245F shall be governed by section 242. (7) Effects while applications are pending During the period beginning on the date on which a noncitizen applies for status under section 245B, 245C, 245D, 245E, or 245F and ending on the date on which the Secretary makes a final decision on such application— (A) notwithstanding section 212(d)(5)(A), the Secretary shall have the discretion to grant advance parole to the noncitizen; (B) the noncitizen shall not be considered an unauthorized noncitizen (as defined in section 274A(h)(3)). (8) Employment (A) Receipt of application As soon as practicable after receiving an application for status under section 245B, 245C, 245D, 245E, or 245F, the Secretary shall provide the applicant with a document acknowledging receipt of such application. (B) Employment authorization A document issued under subparagraph (A) shall— (i) serve as interim proof of the noncitizen’s authorization to accept employment in the United States; and (ii) be accepted by an employer as evidence of employment authorization under section 274A(b)(1)(C) pending a final decision on the application. (C) Employer protection An employer who knows that a noncitizen employee is an applicant for status under section 245B, 245C, 245D, 245E, or 245F or intends to apply for any such status, and who continues to employ the noncitizen pending a final decision on the noncitizen employee’s application, shall not be considered to be in violation of section 274A(a)(2) for hiring, employment, or continued employment of the noncitizen. (9) Information privacy (A) In general Except as provided in subparagraph (B), no officer or employee of the United States may— (i) use the information provided by a noncitizen pursuant to an application submitted under section 245B, 245C, 245D, 245E, or 245F to initiate removal proceedings against any person identified in the application; (ii) make any publication whereby the information provided by any particular individual pursuant to such an application may be identified; or (iii) permit any individual other than an officer or employee of the Federal agency to which such an application is submitted to examine the application. (B) Required disclosure Notwithstanding subparagraph (A), the Attorney General or the Secretary shall provide the information provided in an application under section 245B, 245C, 245D, 245E, or 245F, and any other information derived from such information, to— (i) a duly recognized law enforcement entity in connection with an investigation or prosecution of an offense described in paragraph (2) or (3) of section 212(a), if such information is requested in writing by such entity; or (ii) an official coroner for purposes of affirmatively identifying a deceased individual (whether or not such individual is deceased as a result of a crime). (C) Penalty Whoever knowingly uses, publishes, or permits information to be examined in violation of this section shall be fined not more than $50,000. (D) Safeguards The Secretary shall require appropriate administrative and physical safeguards to protect against disclosure and uses of information that violate this paragraph. (E) Annual assessment Not less frequently than annually, the Secretary shall conduct an assessment that, for the preceding calendar year— (i) analyzes the effectiveness of the safeguards under subparagraph (D); (ii) determines the number of authorized disclosures made; and (iii) determines the number of disclosures prohibited by subparagraph (A) made. (10) Language assistance The Secretary, in consultation with the Attorney General, shall make available forms and accompanying instructions in the most common languages spoken in the United States, as determined by the Secretary. (11) Reasonable accommodations The Secretary shall develop a plan for providing reasonable accommodation, consistent with applicable law, to applicants for status under sections 245B, 245C, 245D, 245E, and 245F with disabilities (as defined in section 3(1) of the Americans with Disabilities Act of 1990 ( 42 U.S.C. 12102(1) )). (h) Definitions In this section and sections 245B, 245C, 245D, 245E, and 245F: (1) Final decision The term final decision means a decision or an order issued by the Secretary under this section after the period for requesting administrative review under subsection (g)(5) has expired or the challenged decision was affirmed after such administrative review. (2) Secretary The term Secretary means the Secretary of Homeland Security. (3) Uniformed services The term uniformed services has the meaning given the term in section 101(a) of title 10, United States Code.. (b) Rulemaking (1) Rules implementing sections 245B, 245D, 245E, 245F, and 245G (A) In general Not later than 1 year after the date of the enactment of this Act, the Secretary shall issue interim final rules, published in the Federal Register, implementing sections 245B, 245D, 245E, 245F, and 245G of the Immigration and Nationality Act, as added by this subtitle. (B) Effective date Notwithstanding section 553 of title 5, United States Code, the rules issued under this paragraph shall be effective, on an interim basis, immediately upon publication, but may be subject to change and revision after public notice and opportunity for a period of public comment. (C) Final rules Not later than 180 days after the date of publication under subparagraph (B), the Secretary shall finalize the interim rules. (2) Rules implementing section 245C Not later than 180 days after the date of the enactment of this Act, the Secretary shall issue a final rule implementing section 245C of the Immigration and Nationality Act, as added by this subtitle. (3) Requirement The rules issued under this subsection shall prescribe the evidence required to demonstrate eligibility for status under sections 245B, 245C, 245D, 245E, and 245F of the Immigration and Nationality Act, as added by this subtitle, or otherwise required to apply for status under such sections. (c) Paperwork Reduction Act The requirements under chapter 35 of title 44, United States Code (commonly known as the Paperwork Reduction Act ), shall not apply to any action to implement this title. (d) Technical and conforming amendment The table of contents for the Immigration and Nationality Act ( 8 U.S.C. 1101 et seq. ), as amended by section 1105, is further amended by inserting after the item relating to section 245F the following: Sec. 245G. General provisions relating to adjustment of status.. 245G. General provisions relating to adjustment of status (a) Applicability Unless otherwise specified, the provisions of this section shall apply to sections 245B, 245C, 245D, 245E, and 245F. (b) Common eligibility requirements for applications under sections 245B, 245C, 245D, 245E, and 245F Unless otherwise specified, a noncitizen applying for status under section 245B, 245C, 245D, 245E, or 245F shall satisfy the following requirements: (1) Submittal of application The noncitizen shall submit a completed application to the Secretary at such time, in such manner, and containing such information as the Secretary shall require. (2) Payment of fees (A) In general A noncitizen who is 18 years of age or older shall pay to the Department of Homeland Security a processing fee in an amount determined by the Secretary. (B) Recovery of costs The processing fee referred to in subparagraph (A) shall be set at a level sufficient to recover the cost of processing the application. (C) Authority to limit fees The Secretary may— (i) limit the maximum processing fee payable under this paragraph by a family; and (ii) for good cause, exempt individual applicants or defined classes of applicants from the requirement to pay fees under this paragraph. (D) Deposit Fees collected under this paragraph shall be deposited into the Immigration Examinations Fee Account pursuant to section 286(m). (3) Physical presence (A) Date of submittal of application The noncitizen shall be physically present in the United States on the date on which the application is submitted. (B) Continuous physical presence (i) In general Except as provided in clause (ii), the noncitizen shall have been continuously physically present in the United States beginning on January 1, 2023, and ending on the date on which the application is approved. (ii) Exceptions (I) Authorized absence A noncitizen who departed temporarily from the United States shall not be considered to have failed to maintain continuous physical presence in the United States during any period of travel that was authorized by the Secretary. (II) Brief, casual, and innocent absences (aa) In general A noncitizen who departed temporarily from the United States shall not be considered to have failed to maintain continuous physical presence in the United States if the noncitizen’s absences from the United States are brief, casual, and innocent, whether or not such absences were authorized by the Secretary. (bb) Absences more than 180 days For purposes of this clause, an absence of more than 180 days, in the aggregate, during a calendar year shall not be considered brief, unless the Secretary finds that the length of the absence was due to circumstances beyond the noncitizen’s control, including the serious illness of the noncitizen, death or serious illness of a spouse, parent, grandparent, grandchild, sibling, son, or daughter of the noncitizen, or due to international travel restrictions. (iii) Effect of notice to appear Issuance of a notice to appear under section 239(a) shall not be considered to interrupt the continuity of a noncitizen’s continuous physical presence in the United States. (4) Waiver for noncitizens previously removed (A) In general With respect to a noncitizen who was removed from or who departed the United States on or after January 20, 2017, and who was continuously physically present in the United States for not fewer than 3 years immediately preceding the date on which the noncitizen was removed or departed, the Secretary may waive, for humanitarian purposes, to ensure family unity, or if such a waiver is otherwise in the public interest, the application of— (i) paragraph (3)(A); and (ii) in the case of an applicant for lawful prospective immigrant status under section 245B, if the applicant has not reentered the United States unlawfully after January 1, 2023, subsection (c)(3). (B) Application procedure The Secretary, in consultation with the Secretary of State, shall establish a procedure by which a noncitizen, while outside the United States, may apply for status under section 245B, 245C, 245D, 245E, or 245F, as applicable, if the noncitizen would have been eligible for such status but for the noncitizen's removal or departure. (c) Grounds for ineligibility (1) Certain grounds of inadmissibility (A) In general Subject to subparagraph (B), a noncitizen shall be ineligible for status under sections 245B, 245C, 245D, 245E, and 245F if the noncitizen— (i) is inadmissible under paragraph (2), (3), (6)(E), (8), (10)(C), or (10)(E) of section 212(a); (ii) has been convicted of a felony offense (excluding any offense under State law for which an essential element in the noncitizen's immigration status); or (iii) has been convicted of 3 or more misdemeanor offenses (excluding simple possession of cannabis or cannabis-related paraphernalia, any offense involving cannabis or cannabis-related paraphernalia that is no longer prosecutable in the State in which the conviction was entered, any offense under State law for which an essential element is the noncitizen’s immigration status, any offense involving civil disobedience without violence, and any minor traffic offense) not occurring on the same date, and not arising out of the same act, omission, or scheme of misconduct. (B) Waivers (i) In general For purposes of subparagraph (A), the Secretary may, for humanitarian purposes, family unity, or if otherwise in the public interest— (I) waive inadmissibility under— (aa) subparagraphs (A), (C), and (D) of section 212(a)(2); and (bb) paragraphs (6)(E), (8), (10)(C), and (10)(E) of such section; (II) waive ineligibility under subparagraph (A)(ii) (excluding offenses described in section 101(a)(43)(A)) or inadmissibility under subparagraph (B) of section 212(a)(2) if the noncitizen has not been convicted of any offense during the 10-year period preceding the date on which the noncitizen applies for status under section 245B, 245C, 245D, 245E, or 245F, as applicable; and (III) for purposes of subparagraph (A)(iii), waive consideration of— (aa) 1 misdemeanor offense if, during the 5-year period preceding the date on which the noncitizen applies for status under section 245B, 245C, 245D, 245E, or 245F, as applicable, the noncitizen has not been convicted of any offense; or (bb) 2 misdemeanor offenses if, during the 10-year period preceding such date, the noncitizen has not been convicted of any offense. (ii) Considerations In making a determination under subparagraph (B), the Secretary of Homeland Security or the Attorney General shall consider all mitigating and aggravating factors, including— (I) the severity of the underlying circumstances, conduct, or violation; (II) the duration of the noncitizen’s residence in the United States; (III) evidence of rehabilitation, if applicable; and (IV) the extent to which the noncitizen’s removal, or the denial of the noncitizen’s application, would adversely affect the noncitizen or the noncitizen’s United States citizen or lawful permanent resident family members. (2) Noncitizens in certain immigration statuses (A) In general A noncitizen shall be ineligible for status under sections 245B, 245C, 245D, 245E, and 245F if on January 1, 2023, the noncitizen was any of the following: (i) A lawful permanent resident. (ii) A noncitizen admitted as a refugee under section 207 or granted asylum under section 208. (iii) A noncitizen who, according to the records of the Secretary or the Secretary of State, is in a period of authorized stay in a nonimmigrant status described in section 101(a)(15)(A), other than— (I) a spouse or a child of a noncitizen eligible for status under section 245B, 245C, 245D, 245E, or 245F; (II) a noncitizen considered to be in a nonimmigrant status solely by reason of section 702 of the Consolidated Natural Resources Act of 2008 ( Public Law 110–229 ; 122 Stat. 854) or section 244(f)(4) of this Act; (III) a nonimmigrant described in section 101(a)(15)(H)(ii)(a); and (IV) a noncitizen who has engaged in essential critical infrastructure labor or services , as described in the Advisory Memorandum on Identification of Essential Critical Infrastructure Workers During COVID–19 Response (as revised by the Department of Homeland Security) during the period described in subparagraph (B). (iv) A noncitizen paroled into the Commonwealth of the Northern Mariana Islands or Guam who did not reside in the Commonwealth or Guam on November 28, 2009. (B) Period described The period described in this subparagraph is the period that— (i) begins on the first day of the public health emergency declared by the Secretary of Health and Human Services under section 319 of the Public Health Service Act ( 42 U.S.C. 247d ) with respect to COVID–19; and (ii) ends on the date that is 90 days after the date on which such public health emergency terminates. (3) Certain noncitizens outside the United States and unlawful reentrants A noncitizen shall be ineligible for status under sections 245B, 245C, 245D, 245E, and 245F if the noncitizen— (A) departed the United States while subject to an order of exclusion, deportation, removal, or voluntary departure; and (B) (i) was outside the United States on January 1, 2021; or (ii) reentered the United States unlawfully after January 1, 2023. (d) Submission of biometric and biographic data; background checks (1) In general The Secretary may not grant a noncitizen status under section 245B, 245C, 245D, 245E, or 245F unless the noncitizen submits biometric and biographic data, in accordance with procedures established by the Secretary. (2) Alternative procedure The Secretary shall provide an alternative procedure for noncitizens who are unable to provide such biometric or biographic data due to a physical impairment. (3) Background checks (A) In general The Secretary shall use biometric and biographic data— (i) to conduct security and law enforcement background checks; and (ii) to determine whether there is any criminal, national security, or other factor that would render the noncitizen ineligible for status under section 245B, 245C, 245D, 245E, or 245F, as applicable. (B) Completion required A noncitizen may not be granted status under section 245B, 245C, 245D, 245E, or 245F unless security and law enforcement background checks are completed to the satisfaction of the Secretary. (e) Eligibility for other statuses (1) In general A noncitizen’s eligibility for status under section 245B, 245C, 245D, 245E, or 245F shall not preclude the noncitizen from seeking any status under any other provision of law for which the noncitizen may otherwise be eligible. (2) Inapplicability of other provisions Section 208(d)(6) shall not apply to any noncitizen who submits an application under section 245B, 245C, 245D, 245E, or 245F. (f) Exemption from numerical limitation Nothing in this section or section 245B, 245C, 245D, 245E, or 245F or in any other law may be construed— (1) to limit the number of noncitizens who may be granted status under sections 245B, 245C, 245D, 245E, and 245F; or (2) to count against any other numerical limitation under this Act. (g) Procedures (1) Opportunity to apply and limitation on removal A noncitizen who appears to be prima facie eligible for status under section 245B, 245C, 245D, 245E, or 245F shall be given a reasonable opportunity to apply for such adjustment of status and, if the noncitizen applies within a reasonable period, the noncitizen shall not be removed before— (A) the Secretary has issued a final decision denying relief; (B) a final order of removal has been issued; and (C) the decision of the Secretary is upheld by a court, or the time for initiating judicial review under section 242 has expired, unless the order of removal is based on criminal or national security grounds, in which case removal does not affect the noncitizen’s right to judicial review. (2) Spouses and children (A) Family application The Secretary shall establish a process by which a principal applicant and his or her spouse and children may file a single combined application under section 245B, 245C, 245D, 245E, or 245F, including a petition to classify the spouse and children as the spouse and children of the principal applicant. (B) Effect of termination of legal relationship or domestic violence If the spousal or parental relationship between a noncitizen granted lawful prospective immigrant status or lawful permanent resident status under section 245B, 245C, 245D, 245E, or 245F and the noncitizen’s spouse or child is terminated by death, divorce, or annulment, or the spouse or child has been battered or subjected to extreme cruelty by the noncitizen (regardless of whether the legal relationship terminates), the spouse or child may apply independently for lawful prospective immigrant status or lawful permanent resident status if he or she is otherwise eligible. (C) Effect of denial of application or revocation of status If the application of a noncitizen for status under section 245B, 245C, 245D, 245E, or 245F is denied, or his or her status is revoked, the spouse or child of such noncitizen shall remain eligible to apply independently for status under the applicable section. (3) Adjudication (A) In general The Secretary shall evaluate each application submitted under section 245B, 245C, 245D, 245E, or 245F to determine whether the applicant meets the applicable requirements. (B) Adjustment of status if favorable determination If the Secretary determines that a noncitizen meets the requirements of section 245B, 245C, 245D, 245E, or 245F, as applicable, the Secretary shall— (i) notify the noncitizen of such determination; and (ii) adjust the status of the noncitizen to that of lawful prospective immigrant or lawful permanent resident, as applicable, effective as of the date of such determination. (C) Documentary evidence of status (i) In general The Secretary shall issue documentary evidence of lawful prospective immigrant status or lawful permanent resident status, as applicable, to each noncitizen whose application for such status has been approved. (ii) Elements Documentary evidence issued under clause (i) shall— (I) be machine readable and tamper resistant; (II) contain a digitized photograph of the noncitizen; (III) during the noncitizen’s authorized period of admission, serve as a valid travel and entry document; and (IV) include such other features and information as the Secretary may prescribe. (iii) Employment authorization Documentary evidence issued under clause (i) shall be accepted during the period of its validity by an employer as evidence of employment authorization and identity under section 274A(b)(1)(B); and (D) Adverse determination If the Secretary determines that the noncitizen does not meet the requirements for the status for which the noncitizen applied, the Secretary shall notify the noncitizen of such determination. (E) Withdrawal of application (i) In general On receipt of a request to withdraw an application under section 245B, 245C, 245D, 245E, or 245F, the Secretary shall cease processing of the application and close the case. (ii) Effect of withdrawal Withdrawal of such an application shall not prejudice any future application filed by the applicant for any immigration benefit under this Act. (F) Document requirements (i) Establishing identity A noncitizen’s application for status under section 245B, 245C, 245D, 245E, or 245F may include, as evidence of identity, the following: (I) A passport or national identity document from the noncitizen’s country of origin that includes the noncitizen’s name and the noncitizen’s photograph or fingerprint. (II) The noncitizen’s birth certificate and an identity card that includes the noncitizen’s name and photograph. (III) A school identification card that includes the noncitizen’s name and photograph, and school records showing the noncitizen’s name and that the noncitizen is or was enrolled at the school. (IV) A uniformed services identification card issued by the Department of Defense. (V) Any immigration or other document issued by the United States Government bearing the noncitizen’s name and photograph. (VI) A State-issued identification card bearing the noncitizen's name and photograph. (VII) Any other evidence that the Secretary determines to be credible. (ii) Documents establishing continuous physical presence Evidence that the noncitizen has been continuously physically present in the United States may include the following: (I) Passport entries, including admission stamps on the noncitizen’s passport. (II) Any document from the Department of Justice or the Department of Homeland Security noting the noncitizen’s date of entry into the United States. (III) Records from any educational institution the noncitizen has attended in the United States. (IV) Employment records of the noncitizen that include the employer’s name and contact information. (V) Records of service from the uniformed services. (VI) Official records from a religious entity confirming the noncitizen’s participation in a religious ceremony. (VII) A birth certificate for a child who was born in the United States. (VIII) Hospital or medical records showing medical treatment or hospitalization, the name of the medical facility or physician, and the date of the treatment or hospitalization. (IX) Automobile license receipts or registration. (X) Deeds, mortgages, or rental agreement contracts. (XI) Rent receipts or utility bills bearing the noncitizen’s name or the name of an immediate family member of the noncitizen, and the noncitizen’s address. (XII) Tax receipts. (XIII) Insurance policies. (XIV) Remittance records, including copies of money order receipts sent in or out of the country. (XV) Travel records, including online or hardcopy airplane, bus and train tickets, itineraries, and hotel or hostel receipts. (XVI) Dated bank transactions. (XVII) Sworn affidavits from at least two individuals who are not related to the noncitizen who have direct knowledge of the noncitizen’s continuous physical presence in the United States, that contain— (aa) the name, address, and telephone number of the affiant; and (bb) the nature and duration of the relationship between the affiant and the noncitizen. (XVIII) Any other evidence determined to be credible. (iii) Documents establishing exemption from application fees The Secretary shall set forth, by regulation, the documents that may be used as evidence that a noncitizen’s application for status under section 245B, 245C, 245D, 245E, or 245F is exempt from an application fee under subsection (b)(2). (iv) Authority to prohibit use of certain documents If the Secretary determines, after publication in the Federal Register and an opportunity for public comment, that any document or class of documents does not reliably establish identity, or that any document or class of documents is frequently being used to obtain relief under this section and is being obtained fraudulently to an unacceptable degree, the Secretary may prohibit or restrict the use of such document or class of documents. (G) Sufficiency of the evidence (i) Failure to submit sufficient evidence The Secretary may deny an application under section 245B, 245C, 245D, 245E, or 245F submitted by a noncitizen who fails to submit requested initial evidence, including requested biometric data, or any requested additional evidence, by the date required by the Secretary. (ii) Amended application A noncitizen whose application is denied under clause (i) may, without an additional fee, submit to the Secretary an amended application or supplement the existing application if the amended or supplemented application contains the required information and any fee that was missing from the initial application. (iii) Fulfillment of eligibility requirements Except as provided in clause (i), an application— (I) may not be denied for failure to submit particular evidence; and (II) may only be denied on evidentiary grounds if the evidence submitted is not credible or otherwise fails to establish eligibility. (iv) Authority to determine probity of evidence The Secretary may determine— (I) whether evidence is credible; and (II) the weight to be given the evidence. (4) Revocation (A) In general If the Secretary determines that a noncitizen fraudulently obtained status under section 245B, 245C, 245D, 245E, or 245F, the Secretary may revoke such status at any time after— (i) providing appropriate notice to the noncitizen; (ii) providing the noncitizen an opportunity to respond; and (iii) the exhaustion or waiver of all applicable administrative review procedures under paragraph (6). (B) Additional evidence In determining whether to revoke a noncitizen’s status under subparagraph (A), the Secretary may require the noncitizen— (i) to submit additional evidence; or (ii) to appear for an interview. (C) Invalidation of documentation If a noncitizen’s status is revoked under subparagraph (A), any documentation issued by the Secretary to the noncitizen under paragraph (3)(C) shall automatically be rendered invalid for any purpose except for departure from the United States. (5) Administrative review (A) Exclusive administrative review Administrative review of a determination with respect to an application for status under section 245B, 245C, 245D, 245E, or 245F shall be conducted solely in accordance with this paragraph. (B) Administrative appellate review (i) Establishment of administrative appellate authority The Secretary shall establish or designate an appellate authority to provide for a single level of administrative appellate review of denials of applications or petitions submitted, and revocations of status, under sections 245B, 245C, 245D, 245E, and 245F. (ii) Single appeal for each administrative decision A noncitizen in the United States whose application for status under section 245B, 245C, 245D, 245E, or 245F has been denied or whose status under any such section has been revoked may submit to the Secretary not more than 1 appeal of each such decision. (iii) Notice of appeal A notice of appeal under this paragraph shall be submitted not later than 90 days after the date of service of the denial or revocation, unless a delay beyond the 90-day period is reasonably justifiable. (iv) Review by Secretary Nothing in this paragraph may be construed to limit the authority of the Secretary to certify appeals for review and final decision. (v) Denial of petitions for spouses and children A decision to deny, or revoke approval of, a petition submitted by a noncitizen to classify a spouse or child of the noncitizen as the spouse or child of a noncitizen for purposes of section 245B, 245C, 245D, 245E, or 245F may be appealed under this paragraph. (C) Stay of removal Noncitizens seeking administrative review of a denial, or revocation of approval, of an application for status under section 245B, 245C, 245D, 245E, or 245F shall not be removed from the United States before a final decision is rendered establishing ineligibility for such status. (D) Record for review Administrative appellate review under this paragraph shall be de novo and based solely upon— (i) the administrative record established at the time of the determination on the application; and (ii) any additional newly discovered or previously unavailable evidence. (6) Judicial review Judicial review of decisions denying, or revoking approval of, applications or petitions under sections 245B, 245C, 245D, 245E, and 245F shall be governed by section 242. (7) Effects while applications are pending During the period beginning on the date on which a noncitizen applies for status under section 245B, 245C, 245D, 245E, or 245F and ending on the date on which the Secretary makes a final decision on such application— (A) notwithstanding section 212(d)(5)(A), the Secretary shall have the discretion to grant advance parole to the noncitizen; (B) the noncitizen shall not be considered an unauthorized noncitizen (as defined in section 274A(h)(3)). (8) Employment (A) Receipt of application As soon as practicable after receiving an application for status under section 245B, 245C, 245D, 245E, or 245F, the Secretary shall provide the applicant with a document acknowledging receipt of such application. (B) Employment authorization A document issued under subparagraph (A) shall— (i) serve as interim proof of the noncitizen’s authorization to accept employment in the United States; and (ii) be accepted by an employer as evidence of employment authorization under section 274A(b)(1)(C) pending a final decision on the application. (C) Employer protection An employer who knows that a noncitizen employee is an applicant for status under section 245B, 245C, 245D, 245E, or 245F or intends to apply for any such status, and who continues to employ the noncitizen pending a final decision on the noncitizen employee’s application, shall not be considered to be in violation of section 274A(a)(2) for hiring, employment, or continued employment of the noncitizen. (9) Information privacy (A) In general Except as provided in subparagraph (B), no officer or employee of the United States may— (i) use the information provided by a noncitizen pursuant to an application submitted under section 245B, 245C, 245D, 245E, or 245F to initiate removal proceedings against any person identified in the application; (ii) make any publication whereby the information provided by any particular individual pursuant to such an application may be identified; or (iii) permit any individual other than an officer or employee of the Federal agency to which such an application is submitted to examine the application. (B) Required disclosure Notwithstanding subparagraph (A), the Attorney General or the Secretary shall provide the information provided in an application under section 245B, 245C, 245D, 245E, or 245F, and any other information derived from such information, to— (i) a duly recognized law enforcement entity in connection with an investigation or prosecution of an offense described in paragraph (2) or (3) of section 212(a), if such information is requested in writing by such entity; or (ii) an official coroner for purposes of affirmatively identifying a deceased individual (whether or not such individual is deceased as a result of a crime). (C) Penalty Whoever knowingly uses, publishes, or permits information to be examined in violation of this section shall be fined not more than $50,000. (D) Safeguards The Secretary shall require appropriate administrative and physical safeguards to protect against disclosure and uses of information that violate this paragraph. (E) Annual assessment Not less frequently than annually, the Secretary shall conduct an assessment that, for the preceding calendar year— (i) analyzes the effectiveness of the safeguards under subparagraph (D); (ii) determines the number of authorized disclosures made; and (iii) determines the number of disclosures prohibited by subparagraph (A) made. (10) Language assistance The Secretary, in consultation with the Attorney General, shall make available forms and accompanying instructions in the most common languages spoken in the United States, as determined by the Secretary. (11) Reasonable accommodations The Secretary shall develop a plan for providing reasonable accommodation, consistent with applicable law, to applicants for status under sections 245B, 245C, 245D, 245E, and 245F with disabilities (as defined in section 3(1) of the Americans with Disabilities Act of 1990 ( 42 U.S.C. 12102(1) )). (h) Definitions In this section and sections 245B, 245C, 245D, 245E, and 245F: (1) Final decision The term final decision means a decision or an order issued by the Secretary under this section after the period for requesting administrative review under subsection (g)(5) has expired or the challenged decision was affirmed after such administrative review. (2) Secretary The term Secretary means the Secretary of Homeland Security. (3) Uniformed services The term uniformed services has the meaning given the term in section 101(a) of title 10, United States Code. 1201. V nonimmigrant visas (a) Nonimmigrant eligibility Section 101(a)(15)(V) of the Immigration and Nationality Act ( 8 U.S.C. 1101(a)(15)(V) ) is amended to read as follows: (V) subject to section 214(q)(1), a noncitizen who is the beneficiary of an approved petition under section 203(a) or 245B.. (b) Employment and period of admission of nonimmigrants described in section 101(a)(15)(V) Section 214(q)(1) of the Immigration and Nationality Act ( 8 U.S.C. 1184(q)(1) ) is amended to read as follows: (q) Nonimmigrants described in section 101(a)(15)(V) (1) Certain sons and daughters (A) Employment authorization The Secretary shall— (i) authorize a nonimmigrant admitted pursuant to section 101(a)(15)(V) to engage in employment in the United States during the period of such nonimmigrant's authorized admission; and (ii) provide the nonimmigrant with an employment authorized endorsement or other appropriate document signifying authorization of employment. (B) Termination of admission The period of authorized admission for a nonimmigrant admitted pursuant to section 101(a)(15)(V) shall terminate 30 days after the date on which— (i) the nonimmigrant’s application for an immigrant visa pursuant to the approval of a petition under section 203(a) is denied; or (ii) the nonimmigrant’s application for adjustment of status under section 245, 245B, or 245C pursuant to the approval of such a petition is denied. (C) Public benefits (i) In general A noncitizen who is lawfully present in the United States pursuant to section 101(a)(15)(V) is not eligible for any means-tested public benefits (as such term is defined and implemented in section 403 of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 ( 8 U.S.C. 1613 )). (ii) Health care coverage A noncitizen admitted under section 101(a)(15)(V)— (iii) is not entitled to the premium assistance tax credit authorized under section 36B of the Internal Revenue Code of 1986 for his or her health insurance coverage; (iv) shall be subject to the rules applicable to individuals not lawfully present that are set forth in subsection (e) of such section; (v) shall be subject to the rules applicable to individuals not lawfully present set forth in section 1402(e) of the Patient Protection and Affordable Care Act ( 42 U.S.C. 18071(e) ); and (vi) shall be subject to the rules applicable to individuals not lawfully present set forth in section 5000A(d)(3) of the Internal Revenue Code of 1986.. (c) Effective date The amendments made by this section shall take effect on the first day of the first fiscal year beginning after the date of the enactment of this Act. 1202. Expungement and sentencing (a) Definition of conviction Section 101(a)(48) of the Immigration and Nationality Act ( 8 U.S.C. 1101(a)(48) ) is amended to read as follows: (48) (A) The term conviction means, with respect to a noncitizen, a formal judgment of guilt of the noncitizen entered by a court. (B) The following may not be considered a conviction for purposes of this Act: (i) An adjudication or judgment of guilt that has been dismissed, expunged, deferred, annulled, invalidated, withheld, or vacated. (ii) Any adjudication in which the court has issued— (I) a judicial recommendation against removal; (II) an order of probation without entry of judgment; or (III) any similar disposition. (iii) A judgment that is on appeal or is within the time to file direct appeal. (C) (i) Unless otherwise provided, with respect to an offense, any reference to a term of imprisonment or a sentence is considered to include only the period of incarceration ordered by a court. (ii) Any such reference shall be considered to exclude any portion of a sentence of which the imposition or execution was suspended.. (b) Judicial recommendation against removal The grounds of inadmissibility and deportability under sections 212(a)(2) and 237(a)(2) of the Immigration and Nationality Act ( 8 U.S.C. 1182(a)(2) and 1227(a)(2)) shall not apply to a noncitizen with a criminal conviction if, not later than 180 days after the date on which the noncitizen is sentenced, and after having provided notice and an opportunity to respond to representatives of the State concerned, the Secretary, and prosecuting authorities, the sentencing court issues a recommendation to the Secretary that the noncitizen not be removed on the basis of the conviction. 1203. Petty offenses Section 212(a)(2)(A)(ii) of the Immigration and Nationality Act ( 8 U.S.C. 1182(a)(2)(A)(ii) ) is amended— (1) in the matter preceding subclause (I), by striking to an alien who committed only one crime ; (2) in subclause (I), by inserting the noncitizen committed only one crime, before the crime was committed when ; and (3) by amending subclause (II) to read as follows: (II) the noncitizen committed not more than 2 crimes, the maximum penalty possible for each crime of which the noncitizen was convicted (or which the noncitizen admits having committed or of which the acts that the noncitizen admits having committed constituted the essential elements) did not exceed imprisonment for 1 year and, if the noncitizen was convicted of either crime, the noncitizen was not sentenced to terms of imprisonment with respective sentences imposed in excess of 180 days (regardless of the extent to which either sentence was ultimately executed).. 1204. Restoring fairness to adjudications (a) Waiver of grounds of inadmissibility Section 212 of the Immigration and Nationality Act ( 8 U.S.C. 1182 ) is amended by inserting after subsection (b) the following: (c) Humanitarian, family unity, and public interest waiver (1) In general Notwithstanding any other provision of law, except section 245G(c)(1)(B), the Secretary of Homeland Security or the Attorney General may waive the operation of any 1 or more grounds of inadmissibility under this section (excluding inadmissibility under subsection (a)(3)) for any purpose, including eligibility for relief from removal— (A) for humanitarian purposes; (B) to ensure family unity; or (C) if a waiver is otherwise in the public interest. (2) Considerations In making a determination under paragraph (1), the Secretary of Homeland Security or the Attorney General shall consider all mitigating and aggravating factors, including— (A) the severity of the underlying circumstances, conduct, or violation; (B) the duration of the noncitizen’s residence in the United States; (C) evidence of rehabilitation, if applicable; and (D) the extent to which the noncitizen’s removal, or the denial of the noncitizen’s application, would adversely affect the noncitizen or the noncitizen’s United States citizen or lawful permanent resident family members.. (b) Waiver of grounds of deportability Section 237(a) of the Immigration and Nationality Act ( 8 U.S.C. 1227(a) ) is amended by adding at the end the following: (8) Humanitarian, family unity, and public interest waiver (A) In general Notwithstanding any other provision of law, except section 245G(c)(1)(B), the Secretary of Homeland Security or the Attorney General may waive the operation of any 1 or more grounds of deportability under this subsection (excluding deportability under paragraph (2)(A)(iii) based on a conviction described in section 101(a)(43)(A) and deportability under paragraph (4)) for any purpose, including eligibility for relief from removal— (i) for humanitarian purposes; (ii) to ensure family unity; or (iii) if a waiver is otherwise in the public interest. (B) Considerations In making a determination under subparagraph (A), the Secretary of Homeland Security or the Attorney General shall consider all mitigating and aggravating factors, including— (i) the severity of the underlying circumstances, conduct, or violation; (ii) the duration of the noncitizen’s residence in the United States; (iii) evidence of rehabilitation, if applicable; and (iv) the extent to which the noncitizen’s removal, or the denial of the noncitizen’s application, would adversely affect the noncitizen or the noncitizen’s United States citizen or lawful permanent resident family members.. 1205. Judicial review Section 242 of the Immigration and Nationality Act ( 8 U.S.C. 1252 ) is amended— (1) in subsection (a)(2)— (A) in subparagraph (B), by inserting the exercise of discretion arising under after no court shall have jurisdiction to review ; (B) in subparagraph (C), by inserting and subsection (h) after subparagraph (D) ; and (C) by amending subparagraph (D) to read as follows: (D) Judicial review of certain legal claims Nothing in subparagraph (B) or (C), or in any other provision of this Act that limits or eliminates judicial review, shall be construed as precluding review of constitutional claims or questions of law. ; (2) in subsection (b)— (A) in paragraph (2), in the first sentence, by inserting or, in the case of a decision governed by section 245G(g)(6), in the judicial circuit in which the petitioner resides after proceedings ; and (B) in paragraph (9), by striking the first sentence and inserting the following: Except as otherwise provided in this section, judicial review of a determination respecting a removal order shall be available only in judicial review of a final order under this section. ; (3) in subsection (f)— (A) in paragraph (1), by striking or restrain the operation of ; and (B) in paragraph (2), by adding after all administrative and judicial review available to the noncitizen is complete before unless ; and (4) by adding at the end the following: (h) Judicial review of eligibility determinations relating to status under chapter 5 (1) Direct review If a noncitizen’s application under section 245B, 245C, 245D, 245E, or 245F is denied, or the approval of such application is revoked, after the exhaustion of administrative appellate review under section 245G(g)(5), the noncitizen may seek review of such decision, in accordance with chapter 7 of title 5, United States Code, in the district court of the United States in which the noncitizen resides. (2) Status during review During the period in which a review described in paragraph (1) is pending— (A) any unexpired grant of voluntary departure under section 240B shall be tolled; and (B) any order of exclusion, deportation, or removal shall automatically be stayed unless the court, in its discretion, orders otherwise. (3) Review after removal proceedings A noncitizen may seek judicial review of a denial or revocation of approval of the noncitizen’s application under section 245B, 245C, 245D, 245E, or 245F in the appropriate court of appeals of the United States in conjunction with the judicial review of an order of removal, deportation, or exclusion if the validity of the denial or revocation has not been upheld in a prior judicial proceeding under paragraph (1). (4) Standard for judicial review (A) Basis Judicial review of a denial or revocation of approval of an application under section 245B, 245C, 245D, 245E, or 245F shall be based upon the administrative record established at the time of the review. (B) Authority to remand The reviewing court may remand a case under this subsection to the Secretary of Homeland Security (referred to in this subsection as the Secretary ) for consideration of additional evidence if the court finds that— (i) the additional evidence is material; and (ii) there were reasonable grounds for failure to adduce the additional evidence before the Secretary. (C) Scope of review Notwithstanding any other provision of law, judicial review of all questions arising from a denial or revocation of approval of an application under section 245B, 245C, 245D, 245E, or 245F shall be governed by the standard of review set forth in section 706 of title 5, United States Code. (5) Remedial powers (A) Jurisdiction Notwithstanding any other provision of law, the district courts of the United States shall have jurisdiction over any cause or claim arising from a pattern or practice of the Secretary in the operation or implementation of section 245B, 245C, 245D, 245E, 245F, or 245G that is arbitrary, capricious, or otherwise contrary to law. (B) Scope of relief The district courts of the United States may order any appropriate relief in a cause or claim described in subparagraph (A) without regard to exhaustion, ripeness, or other standing requirements (other than constitutionally mandated requirements), if the court determines that— (i) the resolution of such cause or claim will serve judicial and administrative efficiency; or (ii) a remedy would otherwise not be reasonably available or practicable. (6) Challenges to the validity of the system (A) In general Except as provided in paragraph (5), any claim that section 245B, 245C, 245D, 245E, 245F, or 245G, or any regulation, written policy, written directive, or issued or unwritten policy or practice initiated by or under the authority of the Secretary to implement such sections, violates the Constitution of the United States or is otherwise in violation of law is available in an action instituted in a district court of the United States in accordance with the procedures prescribed in this paragraph. (B) Savings provision Except as provided in subparagraph (C), nothing in subparagraph (A) may be construed to preclude an applicant under section 245B, 245C, 245D, 245E, or 245F from asserting that an action taken or a decision made by the Secretary with respect to the applicant’s status was contrary to law. (C) Class actions Any claim described in subparagraph (A) that is brought as a class action shall be brought in conformity with— (i) the Class Action Fairness Act of 2005 ( Public Law 109–2 ; 119 Stat. 4); and (ii) the Federal Rules of Civil Procedure. (D) Preclusive effect The final disposition of any claim brought under subparagraph (A) shall be preclusive of any such claim asserted by the same individual in a subsequent proceeding under this subsection. (E) Exhaustion and stay of proceedings (i) In general No claim brought under this paragraph shall require the plaintiff to exhaust administrative remedies under section 245G(g)(5). (ii) Stay authorized Nothing in this paragraph may be construed to prevent the court from staying proceedings under this paragraph to permit the Secretary to evaluate an allegation of an unwritten policy or practice or to take corrective action. In determining whether to issue such a stay, the court shall take into account any harm the stay may cause to the claimant.. 1206. Modifications to naturalization provisions The Immigration and Nationality Act ( 8 U.S.C. 1101 et seq. ) is amended— (1) in section 316 ( 8 U.S.C. 1427 ), by adding at the end the following: (g) For purposes of this chapter, the phrases lawfully admitted for permanent residence , lawfully admitted to the United States for permanent residence , and lawful admission for permanent residence shall refer to a noncitizen who— (1) was granted the status of lawful permanent resident; (2) did not obtain such status through fraudulent misrepresentation or fraudulent concealment of a material fact, provided that the Secretary shall have the discretion to waive the application of this paragraph; and (3) for good cause shown. ; and (2) in section 319 ( 8 U.S.C. 1430 )— (A) in the section heading, by striking and employees of certain nonprofit organizations and inserting , employees of certain nonprofit organizations, and other lawful residents ; and (B) by adding at the end the following: (f) Notwithstanding section 316(a)(1), any lawful permanent resident who was lawfully present in the United States and eligible for employment authorization for not less than 3 years before becoming a lawful permanent resident may be naturalized upon compliance with all other requirements under this chapter.. 1207. Relief for long-term legal residents of the Commonwealth of the Northern Mariana Islands The Joint Resolution entitled A Joint Resolution to approve the Covenant to Establish a Commonwealth of the Northern Mariana Islands in Political Union with the United States of America , and for other purposes , approved March 24, 1976 ( 48 U.S.C. 1806 ), is amended— (1) in subsection (b)(1)— (A) by amending subparagraph (A) to read as follows: (A) Nonimmigrant workers generally A noncitizen, if otherwise qualified, may seek admission to Guam or to the Commonwealth during the transition program as a nonimmigrant worker under section 101(a)(15)(H) of the Immigration and Nationality Act ( 8 U.S.C. 1101(a)(15)(H) without counting against the numerical limitations set forth in section 214(g) of such Act ( 8 U.S.C. 1184(g) ). ; and (B) in subparagraph (B)(i), by striking contact and inserting contract ; (2) in subsection (e)— (A) in paragraph (4), in the paragraph heading, by striking aliens and inserting noncitizens ; and (B) by amending paragraph (6) to read as follows: (6) Special provision regarding long-term residents of the Commonwealth (A) CNMI Resident status A noncitizen described in subparagraph (B) may, upon the application of the noncitizen, be admitted in CNMI Resident status to the Commonwealth subject to the following rules: (i) The noncitizen shall be treated as a noncitizen lawfully admitted to the Commonwealth only, including permitting entry to and exit from the Commonwealth, until the earlier of the date on which— (I) the noncitizen ceases to reside in the Commonwealth; or (II) the noncitizen's status is adjusted under section 245 of the Immigration and Nationality Act ( 8 U.S.C. 1255 ) to that of a noncitizen lawfully admitted for permanent residence in accordance with all applicable eligibility requirements. (ii) The Secretary of Homeland Security— (I) shall establish a process for such noncitizen to apply for CNMI Resident status during the 180-day period beginning on the date that is 90 days after the date of the enactment of the U.S. Citizenship Act ; (II) may, in the Secretary's discretion, authorize deferred action or parole, as appropriate, with work authorization, for such noncitizen until the date of adjudication of the noncitizen's application for CNMI Resident status; and (III) in the case of a noncitizen who has nonimmigrant status on the date on which the noncitizen applies for CNMI Resident status, the Secretary shall extend such nonimmigrant status and work authorization through the end of the 180-day period described in subclause (I) or the date of adjudication of the noncitizen’s application for CNMI Resident status, whichever is later. (iii) Nothing in this subparagraph may be construed to provide any noncitizen granted status under this subparagraph with public assistance to which the noncitizen is not otherwise entitled. (iv) A noncitizen granted status under this paragraph shall be deemed a qualified noncitizen under section 431 of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 ( 8 U.S.C. 1641 ) for purposes of receiving relief during— (I) a major disaster declared by the President under section 401 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C. 5170 ); (II) an emergency declared by the President under section 501 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C. 5191 ); or (III) a national emergency declared by the President under the National Emergencies Act ( 50 U.S.C. 1601 et seq. ). (v) A noncitizen granted status under this paragraph— (I) subject to section 237(a)(8), is subject to all grounds of deportability under section 237 of the Immigration and Nationality Act ( 8 U.S.C. 1227 ); (II) subject to section 212(c), is subject to all grounds of inadmissibility under section 212 of the Immigration and Nationality Act ( 8 U.S.C. 1182 ) if seeking admission to the United States at a port of entry in the Commonwealth; (III) is inadmissible to the United States at any port of entry outside the Commonwealth, except that the Secretary of Homeland Security may in the Secretary's discretion authorize admission of such noncitizen at a port of entry in Guam for the purpose of direct transit to the Commonwealth, which admission shall be considered an admission to the Commonwealth; (IV) automatically shall lose such status if the noncitizen travels from the Commonwealth to any other place in the United States, except that the Secretary of Homeland Security may in the Secretary's discretion establish procedures for the advance approval on a case-by-case basis of such travel for a temporary and legitimate purpose, and the Secretary may in the Secretary's discretion authorize the direct transit of noncitizens with CNMI Resident status through Guam to a foreign place; (V) shall be authorized to work in the Commonwealth incident to status; and (VI) shall be issued appropriate travel documentation and evidence of work authorization by the Secretary. (B) Noncitizens described A noncitizen is described in this subparagraph if the noncitizen— (i) was lawfully present on June 25, 2019, or on December 31, 2018, in the Commonwealth under the immigration laws of the United States, including pursuant to a grant of parole under section 212(d)(5) of the Immigration and Nationality Act ( 8 U.S.C. 1182(d)(5) ) or deferred action; (ii) subject to subsection (c) of section 212 of the Immigration and Nationality Act ( 8 U.S.C. 1182 ), is admissible as an immigrant to the United States under that Act ( 8 U.S.C. 1101 et seq. ), except that no immigrant visa is required; (iii) except in the case of a noncitizen who meets the requirements of subclause (III) or (VI) of clause (v), resided continuously and lawfully in the Commonwealth from November 28, 2009, through June 25, 2019; (iv) is not a citizen of the Republic of the Marshall Islands, the Federated States of Micronesia, or the Republic of Palau; and (v) in addition— (I) was born in the Northern Mariana Islands between January 1, 1974, and January 9, 1978; (II) was, on November 27, 2009, a permanent resident of the Commonwealth (as defined in section 4303 of title 3 of the Northern Mariana Islands Commonwealth Code, in effect on May 8, 2008); (III) is the spouse or child (as defined in section 101(b)(1) of the Immigration and Nationality Act ( 8 U.S.C. 1101(b)(1) )) of a noncitizen described in subclause (I), (II), (V), (VI), or (VII); (IV) was, on November 27, 2011, a spouse, child, or parent of a United States citizen, notwithstanding the age of the United States citizen, and continues to have such family relationship with the citizen on the date of the application described in subparagraph (A); (V) had a grant of parole under section 212(d)(5) of the Immigration and Nationality Act ( 8 U.S.C. 1182(d)(5) ) on December 31, 2018, under the former parole program for certain in-home caregivers administered by United States Citizenship and Immigration Services; (VI) was admitted to the Commonwealth as a Commonwealth Only Transitional Worker during fiscal year 2015, and during every subsequent fiscal year beginning before the date of enactment of the Northern Mariana Islands U.S. Workforce Act of 2018 ( Public Law 115–218 ; 132 Stat. 1547); or (VII) resided in the Northern Mariana Islands as an investor under Commonwealth immigration law, and is currently a resident classified as a CNMI-only nonimmigrant under section 101(a)(15)(E)(ii) of the Immigration and Nationality Act ( 8 U.S.C. 1101(a)(15)(E)(ii) ). (C) Authority of Attorney General Beginning on the first day of the 180-day period established by the Secretary of Homeland Security under subparagraph (A)(ii)(I), the Attorney General may accept and adjudicate an application for CNMI Resident status under this paragraph by a noncitizen who is in removal proceedings before the Attorney General if the noncitizen— (i) makes an initial application to the Attorney General within such 180-day period; or (ii) applied to the Secretary of Homeland Security during such 180-day period and before being placed in removal proceedings, and the Secretary denied the application. (D) Judicial review Notwithstanding any other law, no court shall have jurisdiction to review any decision of the Secretary of Homeland Security or the Attorney General on an application under this paragraph or any other action or determination of the Secretary of Homeland Security or the Attorney General to implement, administer, or enforce this paragraph. (E) Procedure The requirements of chapter 5 of title 5 (commonly referred to as the Administrative Procedure Act), or any other law relating to rulemaking, information collection, or publication in the Federal Register shall not apply to any action to implement, administer, or enforce this paragraph. (F) Adjustment of status for CNMI residents A noncitizen with CNMI Resident status may adjust his or her status to that of a noncitizen lawfully admitted for permanent residence 5 years after the date of the enactment of the U.S. Citizenship Act or 5 years after the date on which CNMI Resident status is granted, whichever is later. (G) Waiver of application deadline The Secretary of Homeland Security may, in the Secretary’s sole and unreviewable discretion, accept an application for CNMI Resident status submitted after the application deadline if— (i) the applicant is eligible for CNMI Resident status; (ii) the applicant timely submitted an application for CNMI Resident status and made a good faith effort to comply with the application requirements as determined by the Secretary; and (iii) the application is received not later than 90 days after the expiration of the application deadline or the date on which notice of rejection of the application is submitted, whichever is later. ; (3) by striking an alien each place it appears and inserting a noncitizen ; (4) by striking An alien each place it appears and inserting A noncitizen ; (5) by striking alien each place it appears and inserting noncitizen ; (6) by striking aliens each place it appears and inserting noncitizens ; and (7) by striking alien's each place it appears and inserting noncitizen's. 1208. Government contracting and acquisition of real property interest (a) Exemption from Government contracting and hiring rules (1) In general A determination by a Federal agency to use a procurement competition exemption under section 3304(a) of title 41, United States Code, or to use the authority granted in paragraph (2), for the purpose of implementing this title and the amendments made by this title is not subject to challenge by protest to the Government Accountability Office under chapter 35 of title 31, United States Code, or to the Court of Federal Claims, under section 1491 of title 28, United States Code. An agency shall immediately advise Congress of the exercise of the authority granted under this paragraph. (2) Government contracting exemption The competition requirement under section 3306 of title 41, United States Code, may be waived or modified by a Federal agency for any procurement conducted to implement this title or the amendments made by this title if the senior procurement executive for the agency conducting the procurement— (A) determines that the waiver or modification is necessary; and (B) submits an explanation for such determination to the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Homeland Security of the House of Representatives. (3) Hiring rules exemption (A) In general Notwithstanding any other provision of law, the Secretary is authorized to make term, temporary limited, and part-time appointments of employees who will implement this title and the amendments made by this title without regard to the number of such employees, their ratio to permanent full-time employees, and the duration of their employment. (B) Savings provision Nothing in chapter 71 of title 5, United States Code, shall affect the authority of any Department management official to hire term, temporary limited, or part-time employees under this paragraph. (b) Authority To acquire leaseholds Notwithstanding any other provision of law, the Secretary may acquire a leasehold interest in real property, and may provide in a lease entered into under this subsection for the construction or modification of any facility on the leased property, if the Secretary determines that the acquisition of such interest, and such construction or modification, are necessary in order to facilitate the implementation of this title and the amendments made by this title. 1209. Conforming amendments to the Social Security Act (a) In general Section 208(e)(1) of the Social Security Act ( 42 U.S.C. 408(e)(1) ) is amended— (1) in subparagraph (B)(ii), by striking , or and inserting a semicolon at the end; (2) in subparagraph (C), by striking the comma at the end and inserting a semicolon; (3) by inserting after subparagraph (C) the following: (D) who is granted status as a lawful prospective immigrant under section 245B of the Immigration and Nationality Act; or (E) whose status is adjusted to that of lawful permanent resident under section 245C, 245D, 245E, or 245F of the Immigration and Nationality Act, ; and (4) in the undesignated matter at the end, by inserting , or in the case of a noncitizen described in subparagraph (D) or (E), if such conduct is alleged to have occurred before the date on which the noncitizen submitted an application under section 245B, 245C, 245D, 245E, or 245F of such Act before the period at the end. (b) Effective date The amendments made by this section shall take effect on the first day of the tenth month beginning after the date of the enactment of this Act. 2001. Definitions In this title: (1) Best interest determination The term best interest determination means a formal process with procedural safeguards designed to give primary consideration to the child’s best interests in decision making. (2) Internally displaced persons The term internally displaced persons means persons or groups of persons who— (A) have been forced to leave their homes or places of habitual residence because of armed conflict, generalized violence, violations of human rights, or natural or human-made disasters; and (B) have not crossed an internationally recognized border of a nation state. (3) International protection The term international protection means— (A) asylum status; (B) refugee status; (C) protection under the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, done at New York December 10, 1984; and (D) any other regional protection status available in the Western Hemisphere. (4) Large-scale, nonintrusive inspection system The term large-scale, nonintrusive inspection system means a technology, including x-ray, gamma-ray, and passive imaging systems, capable of producing an image of the contents of a commercial or passenger vehicle or freight rail car in 1 pass of such vehicle or car. (5) Pre-primary The term pre-primary means deploying scanning technology before primary inspection booths at land border ports of entry in order to provide images of commercial or passenger vehicles or freight rail cars before they are presented for inspection. (6) Scanning The term scanning means utilizing nonintrusive imaging equipment, radiation detection equipment, or both, to capture data, including images of a commercial or passenger vehicle or freight rail car. 2101. United States Strategy for Engagement in Central America (a) In general The Secretary of State shall implement a 4-year strategy, to be known as the United States Strategy for Engagement in Central America (referred to in this subtitle as the Strategy )— (1) to advance reforms in Central America; and (2) to address the key factors contributing to the flight of families, unaccompanied noncitizen children, and other individuals from Central America to the United States. (b) Elements The Strategy shall include efforts— (1) to strengthen democratic governance, accountability, transparency, and the rule of law; (2) to combat corruption and impunity; (3) to improve access to justice; (4) to bolster the effectiveness and independence of judicial systems and public prosecutors’ offices; (5) to improve the effectiveness of civilian police forces; (6) to confront and counter the violence, extortion, and other crimes perpetrated by armed criminal gangs, illicit trafficking organizations, and organized crime, while disrupting recruitment efforts by such organizations; (7) to disrupt money laundering and other illicit financial operations of criminal networks, armed gangs, illicit trafficking organizations, and human smuggling networks; (8) to promote greater respect for internationally recognized human rights, labor rights, fundamental freedoms, and the media; (9) to protect the human rights of environmental defenders, civil society activists, and journalists; (10) to enhance accountability for government officials, including police and security force personnel, who are credibly alleged to have committed serious violations of human rights or other crimes; (11) to enhance the capability of governments in Central America to protect and provide for vulnerable and at-risk populations; (12) to address the underlying causes of poverty and inequality and the constraints to inclusive economic growth in Central America; and (13) to prevent and respond to endemic levels of sexual, gender-based, and domestic violence. (c) Coordination and consultation In implementing the Strategy, the Secretary of State shall— (1) coordinate with the Secretary of the Treasury, the Secretary of Defense, the Secretary, the Attorney General, the Administrator of the United States Agency for International Development, and the Chief Executive Officer of the United States Development Finance Corporation; and (2) consult with the Director of National Intelligence, national and local civil society organizations in Central America and the United States, and the governments of Central America. (d) Support for Central American efforts To the degree feasible, the Strategy shall support or complement efforts being carried out by the Governments of El Salvador, of Guatemala, and of Honduras, in coordination with bilateral and multilateral donors and partners, including the Inter-American Development Bank. 2102. Securing support of international donors and partners (a) Plan The Secretary of State shall implement a 4-year plan— (1) to secure support from international donors and regional partners to enhance the implementation of the Strategy; (2) to identify governments that are willing to provide financial and technical assistance for the implementation of the Strategy and the specific assistance that will be provided; and (3) to identify and describe the financial and technical assistance to be provided by multilateral institutions, including the Inter-American Development Bank, the World Bank, the International Monetary Fund, the Andean Development Corporation–Development Bank of Latin America, and the Organization of American States. (b) Diplomatic engagement and coordination The Secretary of State, in coordination with the Secretary of the Treasury, as appropriate, shall— (1) carry out diplomatic engagement to secure contributions of financial and technical assistance from international donors and partners in support of the Strategy; and (2) take all necessary steps to ensure effective cooperation among international donors and partners supporting the Strategy. 2103. Combating corruption, strengthening the rule of law, and consolidating democratic governance The Secretary of State and the Administrator of the United States Agency for International Development are authorized— (1) to combat corruption in Central America by supporting— (A) Inspectors General and oversight institutions, including— (i) support for multilateral support missions for key ministries, including ministries responsible for tax, customs, procurement, and citizen security; and (ii) relevant training for inspectors and auditors; (B) multilateral support missions against corruption and impunity; (C) civil society organizations conducting oversight of executive and legislative branch officials and functions, police and security forces, and judicial officials and public prosecutors; and (D) the enhancement of freedom of information mechanisms; (2) to strengthen the rule of law in Central America by supporting— (A) Attorney General offices, public prosecutors, and the judiciary, including enhancing investigative and forensics capabilities; (B) independent, merit-based selection processes for judges and prosecutors, independent internal controls, and relevant ethics and professional training, including training on sexual, gender-based, and domestic violence; (C) improved victim, witness, and whistleblower protection and access to justice; and (D) reforms to and the improvement of prison facilities and management; (3) to consolidate democratic governance in Central America by supporting— (A) reforms of civil services, related training programs, and relevant laws and processes that lead to independent, merit-based selection processes; (B) national legislatures and their capacity to conduct oversight of executive branch functions; (C) reforms to, and strengthening of, political party and campaign finance laws and electoral tribunals; (D) local governments and their capacity to provide critical safety, education, health, and sanitation services to citizens; and (4) to defend human rights by supporting— (A) human rights ombudsman offices; (B) government protection programs that provide physical protection and security to human rights defenders, journalists, trade unionists, whistleblowers, and civil society activists who are at risk; (C) civil society organizations that promote and defend human rights, freedom of expression, freedom of the press, labor rights, environmental protection, and the rights of individuals with diverse sexual orientations or gender identities; and (D) civil society organizations that address sexual, gender-based, and domestic violence, and that protect victims of such violence. 2104. Combating criminal violence and improving citizen security The Secretary of State and the Administrator of the United States Agency for International Development are authorized— (1) to counter the violence and crime perpetrated by armed criminal gangs, illicit trafficking organizations, and human smuggling networks in Central America by providing assistance to civilian law enforcement, including support for— (A) the execution and management of complex, multi-actor criminal cases; (B) the enhancement of intelligence collection capacity, and training on civilian intelligence collection (including safeguards for privacy and basic civil liberties), investigative techniques, forensic analysis, and evidence preservation; (C) community policing policies and programs; (D) the enhancement of capacity to identify, investigate, and prosecute crimes involving sexual, gender-based, and domestic violence; and (E) port, airport, and border security officials, agencies and systems, including— (i) the professionalization of immigration personnel; (ii) improvements to computer infrastructure and data management systems, secure communications technologies, nonintrusive inspection equipment, and radar and aerial surveillance equipment; and (iii) assistance to canine units; (2) to disrupt illicit financial networks in Central America, including by supporting— (A) finance ministries, including the imposition of financial sanctions to block the assets of individuals and organizations involved in money laundering or the financing of armed criminal gangs, illicit trafficking networks, human smuggling networks, or organized crime; (B) financial intelligence units, including the establishment and enhancement of anti-money laundering programs; and (C) the reform of bank secrecy laws; (3) to assist in the professionalization of civilian police forces in Central America by supporting— (A) reforms with respect to personnel recruitment, vetting, and dismissal processes, including the enhancement of polygraph capability for use in such processes; (B) Inspectors General and oversight offices, including relevant training for inspectors and auditors, and independent oversight mechanisms, as appropriate; and (C) training and the development of protocols regarding the appropriate use of force and human rights; (4) to improve crime prevention and to reduce violence, extortion, child recruitment into gangs, and sexual slavery by supporting— (A) the improvement of child protection systems; (B) the enhancement of programs for at-risk youth, including the improvement of community centers and programs aimed at successfully reinserting former gang members; (C) livelihood programming that provides youth and other at-risk individuals with legal and sustainable alternatives to gang membership; (D) safe shelter and humanitarian responses for victims of crime and internal displacement; and (E) programs to receive and effectively reintegrate repatriated migrants in El Salvador, Guatemala, and Honduras. 2105. Combating sexual, gender-based, and domestic violence The Secretary of State and the Administrator of the United States Agency for International Development are authorized to counter sexual, gender-based, and domestic violence in Central American countries by— (1) broadening engagement among national and local institutions to address sexual, gender-based, and domestic violence; (2) supporting educational initiatives to reduce sexual, gender-based, and domestic violence; (3) supporting outreach efforts tailored to meet the needs of women, girls, individuals of diverse sexual orientations or gender identities, and other vulnerable individuals at risk of violence and exploitation; (4) formalizing standards of care and confidentiality at police, health facilities, and other government facilities; and (5) establishing accountability mechanisms for perpetrators of violence. 2106. Tackling extreme poverty and advancing economic development The Secretary of State and the Administrator of the United States Agency for International Development are authorized to tackle extreme poverty and the underlying causes of poverty in Central American countries by— (1) strengthening human capital by supporting— (A) workforce development and entrepreneurship training programs that are driven by market demand, including programs that prioritize women, at-risk youth, and indigenous communities; (B) improving early-grade literacy, and primary and secondary school curricula; (C) relevant professional training for teachers and educational administrators; (D) educational policy reform and improvement of education sector budgeting; and (E) establishment and expansion of safe schools and related facilities for children; (2) enhancing economic competitiveness and investment climate by supporting— (A) small business development centers and programs that strengthen supply chain integration; (B) the improvement of protections for investors, including dispute resolution and arbitration mechanisms; (C) trade facilitation and customs harmonization programs; and (D) reducing energy costs through investments in clean technologies and the reform of energy policies and regulations; (3) strengthening food security by supporting— (A) small and medium-scale sustainable agriculture, including by providing technical training, improving access to credit, and promoting policies and programs that incentivize government agencies and private institutions to buy from local producers; (B) agricultural value chain development for farming communities; (C) nutrition programs to reduce childhood malnutrition and stunting rates; and (D) mitigation, adaptation, and recovery programs in response to natural disasters and other external shocks; and (4) improving fiscal and financial affairs by supporting— (A) domestic revenue generation, including programs to improve tax administration, collection, and enforcement; (B) strengthening public sector financial management, including strategic budgeting and expenditure tracking; and (C) reform of customs and procurement policies and processes. 2107. Authorization of appropriations for United States Strategy for Engagement in Central America (a) In general There are authorized to be appropriated $1,000,000,000 for each of the fiscal years 2024 through 2027 to carry out the Strategy. (b) Portion of funding available without condition The Secretary of State or the Administrator of the United States Agency for International Development, as appropriate, may obligate up to 50 percent of the amounts appropriated in each fiscal year pursuant to subsection (a) to carry out the Strategy on the first day of the fiscal year for which they are appropriated. (c) Portion of funding available after progress on specific issues The remaining 50 percent of the amounts appropriated pursuant to subsection (a) (after the obligations authorized under subsection (b)) may only be made available for assistance to the Government of El Salvador, of Guatemala, or of Honduras after the Secretary of State consults with, and subsequently certifies and reports to, the Committee on Foreign Relations of the Senate , the Committee on Appropriations of the Senate , the Committee on Foreign Affairs of the House of Representatives , and the Committee on Appropriations of the House of Representatives that the respective government is taking effective steps (in addition to steps taken during the previous calendar year)— (1) to combat corruption and impunity, including investigating and prosecuting government officials, military personnel, and civilian police officers credibly alleged to be corrupt; (2) to implement reforms, policies, and programs to strengthen the rule of law, including increasing the transparency of public institutions and the independence of the judiciary and electoral institutions; (3) to protect the rights of civil society, opposition political parties, trade unionists, human rights defenders, and the independence of the media; (4) to provide effective and accountable civilian law enforcement and security for its citizens, and curtailing the role of the military in internal policing; (5) to implement policies to reduce poverty and promote equitable economic growth and opportunity; (6) to increase government revenues, including by enhancing tax collection, strengthening customs agencies, and reforming procurement processes; (7) to improve border security and countering human smuggling, criminal gangs, drug traffickers, and transnational criminal organizations; (8) to counter and prevent sexual and gender-based violence; (9) to inform its citizens of the dangers of the journey to the southwest border of the United States; (10) to resolve disputes involving the confiscation of real property of United States entities; and (11) to implement reforms to strengthen educational systems, vocational training programs, and programs for at-risk youth. 2201. Expanding refugee and asylum processing in the Western Hemisphere (a) Refugee processing The Secretary of State, in coordination with the Secretary, shall work with international partners, including the United Nations High Commissioner for Refugees and international nongovernmental organizations, to support and strengthen the domestic capacity of countries in the Western Hemisphere to process and accept refugees for resettlement and adjudicate asylum claims by— (1) providing support and technical assistance to expand and improve the capacity to identify, process, and adjudicate refugee claims, adjudicate applications for asylum, or otherwise accept refugees referred for resettlement by the United Nations High Commissioner for Refugees or host nations, including by increasing the number of refugee and asylum officers who are trained in the relevant legal standards for adjudicating claims for protection; (2) establishing and expanding safe and secure locations to facilitate the safe and orderly movement of individuals and families seeking international protection; (3) improving national refugee and asylum registration systems to ensure that any person seeking refugee status, asylum, or other humanitarian protections— (A) receives due process and meaningful access to existing humanitarian protections; (B) is provided with adequate information about his or her rights, including the right to seek protection; (C) is properly screened for security, including biographic and biometric capture; and (D) receives appropriate documents to prevent fraud and ensure freedom of movement and access to basic social services; and (4) developing the capacity to conduct best interest determinations for unaccompanied children with international protection needs to ensure that such children are properly registered and that their claims are appropriately considered. (b) Diplomatic engagement and coordination The Secretary of State, in coordination with the Secretary, as appropriate, shall— (1) carry out diplomatic engagement to secure commitments from governments to resettle refugees from Central America; and (2) take all necessary steps to ensure effective cooperation among governments resettling refugees from Central America. 2202. Further strengthening regional humanitarian responses in the Western Hemisphere The Secretary of State, in coordination with international partners, including the United Nations High Commissioner for Refugees, shall support and coordinate with the government of each country hosting a significant population of refugees and asylum seekers from El Salvador, Guatemala, and Honduras— (1) to establish and expand temporary shelter and shelter network capacity to meet the immediate protection and humanitarian needs of refugees and asylum seekers, including shelters for families, women, unaccompanied children, and other vulnerable populations; (2) to deliver gender-, trauma-, and age-sensitive humanitarian assistance to refugees and asylum seekers, including access to accurate information, legal representation, education, livelihood opportunities, cash assistance, and health care; (3) to establish and expand sexual, gender-based, and domestic violence prevention, recovery, and humanitarian programming; (4) to fund national- and community-led humanitarian organizations in humanitarian response; (5) to support local integration initiatives to help refugees and asylum seekers rebuild their lives and contribute in a meaningful way to the local economy in their host country; and (6) to support technical assistance for refugee relocation and resettlement. 2203. Information campaign on dangers of irregular migration (a) In general The Secretary of State, in coordination with the Secretary, shall design and implement public information campaigns in El Salvador, Guatemala, Honduras, and other appropriate Central American countries— (1) to disseminate information about the potential dangers of travel to the United States; (2) to provide accurate information about United States immigration law and policy; and (3) to provide accurate information about the availability of asylum, other humanitarian protections in countries in the Western Hemisphere, and other legal means for migration. (b) Elements The information campaigns implemented pursuant to subsection (a), to the greatest extent possible— (1) shall be targeted at regions with high levels of outbound migration or significant populations of internally displaced persons; (2) shall be conducted in local languages; (3) shall employ a variety of communications media, including social media; and (4) shall be developed in coordination with program officials at the Department of Homeland Security, the Department of State, and other government, nonprofit, or academic entities in close contact with migrant populations from El Salvador, Guatemala, and Honduras, including repatriated migrants. 2204. Identification, screening, and processing of refugees and other individuals eligible for lawful admission to the United States (a) Designated processing centers (1) In general The Secretary of State, in coordination with the Secretary, shall establish designated processing centers for the registration, screening, and processing of refugees and other eligible individuals, and the resettlement or relocation of these individuals to the United States or other countries. (2) Locations Not fewer than 1 designated processing center shall be established in a safe and secure location identified by the United States and the host government in— (A) El Salvador; (B) Guatemala; (C) Honduras; and (D) any other Central American country that the Secretary of State considers appropriate to accept and process requests and applications under this subtitle. (b) Personnel (1) Refugee officers and related personnel The Secretary shall ensure that sufficient numbers of refugee officers and other personnel are assigned to each designated processing center to fulfill the requirements under this subtitle. (2) Support personnel The Secretary and the Attorney General shall hire and assign sufficient personnel to ensure, absent exceptional circumstances, that all security and law enforcement background checks required under this subtitle and family verification checks carried out by the Refugee Access Verification Unit are completed within 180 days. (c) Operations (1) In general Absent extraordinary circumstances, each designated processing center shall commence operations as expeditiously as possible. (2) Productivity and quality control The Secretary of State, in coordination with the Secretary, shall monitor the activities of each designated processing center and establish metrics and criteria for evaluating the productivity and quality control of each designated processing center. 2205. Registration and intake (a) Registration Each designated processing center shall receive and register individuals seeking to apply for benefits under this subtitle who meet criteria specified by the Secretary of State, in coordination with the Secretary. (b) Intake The designated processing center shall assess registered individuals to determine the benefits for which they may be eligible, including— (1) refugee resettlement pursuant to the Central American Refugee Program described in section 2206; (2) the Central American Minors Program described in section 2207; and (3) the Central American Family Reunification Parole Program described in section 2208. (c) Expedited processing The Secretary of State shall provide expedited processing of applications and requests under this subtitle in emergency situations, for humanitarian reasons, or if the Secretary of State otherwise determines that circumstances warrant expedited treatment. 2206. Central American Refugee Program (a) Processing at designated processing centers (1) In general Any individual who registers at a designated processing center, expresses a fear of persecution or an intention to apply for refugee status, and who is a national of El Salvador, of Honduras, of Guatemala, or of any other Central American country whose nationals the Secretary of State has determined are eligible for refugee status under this section may apply for refugee resettlement under this section. Upon filing of a completed application, the applicant may be referred to a refugee officer for further processing in accordance with this section. (2) Submission of biographic and biometric data An applicant described in paragraph (1) shall submit biographic and biometric data in accordance with procedures established by the Secretary of State, in coordination with the Secretary. An alternative procedure shall be provided for applicants who are unable to provide all required biographic and biometric data because of a physical or mental impairment. (3) Background checks The Secretary of State shall utilize biometric, biographic, and other appropriate data to conduct security and law enforcement background checks of applicants to determine whether there is any criminal, national security, or other ground that would render the applicant ineligible for admission as a refugee under section 207 of the Immigration and Nationality Act ( 8 U.S.C. 1157 ). (4) Orientation The Secretary of State shall provide prospective applicants for refugee resettlement with information on applicable requirements and legal standards. All orientation materials, including application forms and instructions, shall be provided in English and Spanish. (5) International organizations The Secretary of State, in consultation with the Secretary, shall enter into agreements with international organizations, including the United Nations High Commissioner for Refugees, to facilitate the processing and preparation of case files for applicants under this section. (b) Optional referral to other countries (1) In general An applicant for refugee resettlement under this section may be referred to another country for the processing of the applicant’s refugee claim if another country agrees to promptly process the applicant’s refugee claim in accordance with the terms and procedures of a bilateral agreement described in paragraph (2). (2) Bilateral agreements for referral of refugees (A) In general The Secretary of State, in consultation with the Secretary, may enter into bilateral agreements with other countries for the referral, processing, and resettlement of individuals who register at a designated processing center and seek to apply for refugee resettlement under this section. Such agreements shall be limited to countries with the demonstrated capacity to accept and adjudicate applications for refugee status and other forms of international protection, and to resettle refugees consistent with obligations under the Convention Relating to the Status of Refugees, done at Geneva July 28, 1951, and made applicable by the Protocol Relating to the Status of Refugees, done at New York January 31, 1967 (19 UST 6223). (B) International organizations The Secretary of State, in consultation with the Secretary, may enter into agreements with international organizations, including the United Nations High Commissioner for Refugees, to facilitate the referral, processing, and resettlement of individuals described in subparagraph (A). (c) Emergency relocation coordination The Secretary of State, in coordination with the Secretary, may enter into bilateral or multilateral agreements with other countries in the Western Hemisphere to establish safe and secure emergency transit centers for individuals who register at a designated processing center, are deemed to face an imminent risk of harm, and require temporary placement in a safe location pending a final decision on an application under this section. Such agreements may be developed in consultation with the United Nations High Commissioner for Refugees and shall conform to international humanitarian standards. (d) Expansion of refugee corps Subject to the availability of amounts provided in advance in appropriation Acts, the Secretary shall appoint additional refugee officers as may be necessary to carry out this section. 2207. Central American Minors Program (a) Eligibility (1) Petition If an assessment under section 2205(b) results in a determination that a noncitizen is eligible for special immigrant status in accordance with this subsection— (A) the designated processing center that conducted such assessment may accept a petition for such status filed by the noncitizen, or on behalf of the noncitizen by a parent or legal guardian; and (B) subject to subsection (d), and notwithstanding any other provision of law, the Secretary may provide such noncitizen with status as a special immigrant under section 101(a)(27) of the Immigration and Nationality Act ( 8 U.S.C. 1101(a)(27) ). (2) Criteria A noncitizen shall be eligible under this subsection if he or she— (A) is a national of El Salvador, of Honduras, of Guatemala, or of any other Central American country whose nationals the Secretary has determined are eligible for special immigrant status under this section; (B) is a child (as defined in section 101(b)(1) of the Immigration and Nationality Act ( 8 U.S.C. 1101(b)(1) )) of an individual who is lawfully present in the United States; and (C) is otherwise admissible to the United States (excluding the grounds of inadmissibility specified in section 212(a)(4) of the Immigration and Nationality Act ( 8 U.S.C. 1182(a)(4) )). (b) Minor children Any child (as defined in section 101(b)(1) of the Immigration and Nationality Act ( 8 U.S.C. 1101(b)(1) )) of a noncitizen described in subsection (a) is entitled to special immigrant status if accompanying or following to join such noncitizen. (c) Exclusion from numerical limitations Noncitizens provided special immigrant status under this section shall not be counted against any numerical limitation under the Immigration and Nationality Act ( 8 U.S.C. 1101 et seq. ). (d) Applicants under prior Central American Minors Refugee Program (1) In general The Secretary shall deem an application filed under the Central American Minors Refugee Program, established on December 1, 2014, and terminated on August 16, 2017, which was not the subject of a final disposition before January 31, 2018, to be a petition filed under this section. (2) Final determination Absent exceptional circumstances, the Secretary shall make a final determination on applications described in paragraph (1) not later than 180 days after the date of the enactment of this Act. (3) Notice The Secretary shall— (A) promptly notify all relevant parties of the conversion of an application described in paragraph (1) into a special immigrant petition; and (B) provide instructions for withdrawal of the petition if the noncitizen does not want to proceed with the requested relief. (e) Biometrics and background checks (1) Submission of biometric and biographic data Petitioners for special immigrant status under this section shall submit biometric and biographic data in accordance with procedures established by the Secretary. An alternative procedure shall be provided for applicants who are unable to provide all required biometric data because of a physical or mental impairment. (2) Background checks The Secretary shall utilize biometric, biographic, and other appropriate data to conduct security and law enforcement background checks of petitioners to determine whether there is any criminal, national security, or other ground that would render the applicant ineligible for special immigrant status under this section. (3) Completion of background checks The security and law enforcement background checks required under paragraph (2) shall be completed, to the satisfaction of the Secretary, before the date on which a petition for special immigrant status under this section may be approved. 2208. Central American Family Reunification Parole Program (a) Eligibility (1) Application If an assessment under section 2205(b) results in a determination that a noncitizen is eligible for parole in accordance with this section— (A) the designated processing center may accept a completed application for parole filed by the noncitizen, or on behalf of the noncitizen by a parent or legal guardian; and (B) the Secretary may grant parole under section 212(d)(5) of the Immigration and Nationality Act ( 8 U.S.C. 1182(d)(5) ) to such noncitizen. (2) Criteria A noncitizen shall be eligible for parole under this section if he or she— (A) is a national of El Salvador, of Guatemala, of Honduras, or of any other Central American country whose nationals the Secretary has determined are eligible for parole under this section; (B) is the beneficiary of an approved immigrant visa petition under section 203(a) of the Immigration and Nationality Act ( 8 U.S.C. 1153(a) ); and (C) an immigrant visa is not immediately available for the noncitizen, but is expected to be available within a period designated by the Secretary. (b) Biometrics and background checks (1) Submission of biometric and biographic data Applicants for parole under this section shall be required to submit biometric and biographic data in accordance with procedures established by the Secretary. An alternative procedure shall be provided for applicants who are unable to provide all required biometric data because of a physical or mental impairment. (2) Background checks The Secretary shall utilize biometric, biographic, and other appropriate data to conduct security and law enforcement background checks of applicants to determine whether there is any criminal, national security, or other ground that would render the applicant ineligible for parole under this section. (3) Completion of background checks The security and law enforcement background checks required under paragraph (2) shall be completed to the satisfaction of the Secretary before the date on which an application for parole may be approved. 2209. Informational campaign; case status hotline (a) Informational campaign The Secretary shall implement an informational campaign, in English and Spanish, in the United States, El Salvador, Guatemala, Honduras, and other appropriate Central American countries to increase awareness of the programs authorized under this subtitle. (b) Case status hotline The Secretary shall establish a case status hotline to provide confidential processing information on pending cases. 2301. Expediting legitimate trade and travel at ports of entry (a) Technology deployment plan The Secretary is authorized to develop and implement a plan to deploy technology— (1) to expedite the screening of legitimate trade and travel; and (2) to enhance the ability to identify narcotics and other contraband, at every land, air, and sea port of entry. (b) Elements The technology deployment plan developed pursuant to subsection (a) shall include— (1) the specific steps that will be taken to increase the rate of high-throughput scanning of commercial and passenger vehicles and freight rail traffic entering the United States at land ports of entry and rail-border crossings along the border using large-scale, nonintrusive inspection systems or similar technology before primary inspections booths to enhance border security; (2) a comprehensive description of the technologies and improvements needed to facilitate legal travel and trade, reduce wait times, and better identify contraband at land and rail ports of entry, including— (A) the specific steps the Secretary will take to ensure, to the greatest extent practicable, that high-throughput scanning technologies are deployed within 5 years at all land border ports of entry to ensure that all commercial and passenger vehicles and freight rail traffic entering the United States at land ports of entry and rail-border crossings along the border undergo pre-primary scanning; and (B) the specific steps the Secretary will take to increase the amount of cargo that is subject to nonintrusive inspections systems at all ports of entry; (3) a comprehensive description of the technologies and improvements needed to enhance traveler experience, reduce inspection and wait times, and better identify potential criminals and terrorists at airports of entry; (4) a comprehensive description of the technologies and improvements needed— (A) to enhance the security of maritime trade; (B) to increase the percent of shipping containers that are scanned; and (C) to enhance the speed and quality of inspections without adversely impacting trade flows; (5) any projected impacts identified by the Commissioner of U.S. Customs and Border Protection regarding— (A) the number of commercial and passenger vehicles and freight rail traffic entering at land ports of entry and rail-border crossings; (B) where such systems are in use; and (C) the average wait times at peak and non-peak travel times, by lane type (if applicable), as scanning rates are increased; (6) any projected impacts, as identified by the Commissioner of U.S. Customs and Border Protection, regarding border security operations at ports of entry as a result of implementation actions, including any required changes to the number of U.S. Customs and Border Protection officers or their duties and assignments; (7) any projected impact on— (A) the ability of regular border crossers and border community residents to cross the border efficiently; and (B) the privacy and civil liberties of border community residents (as identified by medical professionals), border community stakeholders (including elected officials, educators, and business leaders), and civil rights experts; (8) detailed performance measures and benchmarks that can be used to evaluate how effective these technologies are in helping to expedite legal trade and travel while enhancing security at ports of entry; and (9) the estimated costs and an acquisition plan for implementing the steps identified in the plan, including— (A) achieving pre-primary, high-throughput scanning at all feasible land and rail ports of entry within the timeframes specified in paragraph (1); (B) reducing passenger and pedestrian wait times; (C) the acquisition, operations, and maintenance costs for large-scale, nonintrusive inspection systems and other technologies identified in the plan; and (D) associated costs for any necessary infrastructure enhancements or configuration changes at each port of entry. (c) Small business opportunities The acquisition plan required under subsection (b)(9) shall promote, to the extent practicable, opportunities for entities that qualify as small business concerns (as defined under section 3(a) of the Small Business Act ( 15 U.S.C. 632(a) )). (d) Modernization of port of entry infrastructure The Secretary is authorized to develop and implement a plan that— (1) identifies infrastructure improvements at ports of entry that would— (A) enhance the ability to process asylum seekers; (B) facilitate daily pedestrian and vehicular trade and traffic; and (C) detect, interdict, disrupt, and prevent fentanyl, other synthetic opioids, and other narcotics and psychoactive substances and associated contraband from entering the United States; (2) describes circumstances in which effective technology in use at certain ports of entry cannot be implemented at other ports of entry, including— (A) infrastructure constraints that would impact the ability to deploy detection equipment to improve the ability of such officers to identify such drugs and other dangers that are being illegally transported into the United States; and (B) mitigation measures that could be implemented at these ports of entry; and (3) includes other improvements to infrastructure and safety equipment that are needed to protect officers from inclement weather, surveillance by smugglers, and accidental exposure to narcotics or other dangers associated with the inspection of potential drug traffickers. (e) Authorization of appropriations There are authorized to be appropriated such funds as may be necessary to implement the plans required under this section. 2302. Deploying smart technology at the southern border (a) In general The Secretary is authorized to develop and implement a strategy to manage and secure the southern border of the United States by deploying smart technology— (1) to enhance situational awareness along the border; and (2) to counter transnational criminal networks. (b) Contents The smart technology strategy described in subsection (a) shall include— (1) a comprehensive assessment of the physical barriers, levees, technologies, tools, and other devices that are currently in use along the southern border of the United States; (2) the deployment of technology between ports of entry that focuses on flexible solutions that can expand the ability to detect illicit activity, evaluate the effectiveness of border security operations, and be easily relocated, broken out by U.S. Border Patrol sector; (3) the specific steps that may be taken in each U.S. Border Patrol sector during the next 5 years to identify technology systems and tools that can help provide situational awareness of the southern border; (4) an explanation for why each technology, tool, or other device was recommended to achieve and maintain situational awareness of the southern border, including— (A) the methodology used to determine which type of technology, tool, or other device was recommended; (B) a specific description of how each technology will contribute to the goal of evaluating the performance and identifying the effectiveness rate of U.S. Border Patrol agents and operations; and (C) a privacy evaluation of each technology, tool, or other device that examines their potential impact on border communities; (5) cost-effectiveness calculations for each technology, tool, or other device that will be deployed, including an analysis of the cost per mile of border surveillance; (6) a cost justification for each instance a more expensive technology, tool, or other device is recommended over a less expensive option in a given U.S. Border Patrol sector; and (7) performance measures that can be used to evaluate the effectiveness of each technology deployed and of U.S. Border Patrol operations in each sector. (c) Authorization of appropriations There are authorized to be appropriated such sums as may be necessary to implement this section. 2303. Independent oversight on privacy rights The Office of the Inspector General for the Department of Homeland Security shall conduct oversight to ensure that— (1) the technology used by U.S. Customs and Border Protection is— (A) effective in serving a legitimate agency purpose; (B) the least intrusive means of serving such purpose; and (C) cost effective; (2) guidelines are developed for using such technology to ensure appropriate limits on data collection, processing, sharing, and retention; and (3) the Department of Homeland Security has consulted with stakeholders, including affected border communities, in the development of any plans to expand technology. 2304. Training and continuing education (a) Mandatory training and continuing education To promote agent and officer safety and professionalism The Secretary is authorized to establish policies and guidelines to ensure that every agent and officer of U.S. Customs and Border Protection and U.S. Immigration and Customs Enforcement receives training upon onboarding regarding accountability, standards for professional and ethical conduct, and oversight. (b) Curriculum The training required under subsection (a) shall include— (1) best practices in community policing, cultural awareness, and carrying out enforcement actions near sensitive locations, responding to grievances, and how to refer complaints to the Immigration Detention Ombudsman; (2) interaction with vulnerable populations; and (3) standards of professional and ethical conduct. (c) Continuing education (1) In general The Secretary shall require all agents and officers of U.S. Customs and Border Protection and U.S. Immigration and Customs Enforcement who are required to undergo training under subsection (a) to participate in continuing education. (2) Constitutional authority subject matter Continuing education required under paragraph (1) shall include training regarding— (A) the protection of the civil, constitutional, human, and privacy rights of individuals; and (B) use of force policies applicable to agents and officers. (3) Administration Courses offered as part of continuing education under this subsection shall be administered in coordination with the Federal Law Enforcement Training Centers. (d) Medical training for U.S. Border Patrol agents (1) In general Section 411 of the Homeland Security Act of 2002 ( 6 U.S.C. 211 ) is amended— (A) in subsection (l)— (i) by striking The Commissioner and inserting the following: (1) Continuing education The Commissioner ; and (ii) by adding at the end the following: (2) Medical training for U.S. border patrol agents (A) In general (i) Availability Beginning not later than 6 months after the date of the enactment of the U.S. Citizenship Act , the Commissioner shall make available, in each U.S. Border Patrol sector, at no cost to U.S. Border Patrol agents selected for such training, emergency medical technician (referred to in this paragraph as EMT ) and paramedic training, including pediatric medical training, which shall utilize nationally recognized pediatric training curricula that includes emergency pediatric care. (ii) Use of official duty time A U.S. Border Patrol agent shall be credited with work time for any EMT or paramedic training provided to such agent under clause (i) in order to achieve or maintain an EMT or paramedic certification. (iii) Obligated overtime A U.S. Border Patrol agent shall not accrue any debt of obligated overtime hours that the agent may have incurred, pursuant to section 5550(b) of title 5, United States Code, in order to achieve or maintain a paramedic certification. (iv) Lodging and per diem Lodging and per diem shall be made available to U.S. Border Patrol agents attending training described in clause (i) if such training is not available at a location within commuting distance of the agent’s residence or worksite. (v) Service commitment Any U.S. Border Patrol agent who completes a certification preparation program pursuant to clause (i) shall— (I) complete 1 year of service as a U.S. Border Patrol agent following the completion of EMT training; (II) complete 3 years of service as a U.S. Border Patrol agent following the completion of paramedic training; or (III) reimburse U.S. Customs and Border Protection in an amount equal to the product of— (aa) the cost of providing such training to such agent; multiplied by (bb) the percentage of the service required under subclauses (I) and (II) that the agent failed to complete. (B) Increase in rate of pay for border patrol medical certification (i) EMT certification A U.S. Border Patrol agent who has completed EMT training pursuant to subparagraph (A)(i) and has a current, State-issued or State-recognized certification as an EMT shall receive, in addition to the pay to which the agent is otherwise entitled under this section, an amount equal to 5 percent of such pay. (ii) Paramedic certification A U.S. Border Patrol agent who has completed paramedic training pursuant to subparagraph (A)(i) and has a current, State-issued or State-recognized certification as a paramedic shall receive, in addition to the pay to which the agent is otherwise entitled under this section (except for subparagraph (A)), an amount equal to 10 percent of such pay. (iii) Existing certifications A U.S. Border Patrol agent who did not participate in the training made available pursuant to subparagraph (A)(i), but, as of the date of the enactment of the U.S. Citizenship Act , has a current State-issued or State-recognized EMT or paramedic certification, shall receive, in addition to the pay to which the agent is otherwise entitled under this section (excluding the application of clause (i) and (ii)), an amount equal to— (I) 5 percent of such pay for an EMT certification; and (II) 10 percent of such pay for a paramedic certification. (C) Availability of medically trained border patrol agents Not later than 6 months after the date of the enactment of the U.S. Citizenship Act , the Commissioner of U.S. Customs and Border Protection shall— (i) ensure that— (I) U.S. Border Patrol agents with current EMT or paramedic certifications are stationed at each U.S. Border Patrol sector and remote station along the southern border to the greatest extent possible; (II) not fewer than 10 percent of all U.S. Border Patrol agents assigned to each U.S. Border Patrol sector have EMT certifications; and (III) not fewer than 1 percent of all U.S. Border Patrol agents assigned to each U.S. Border Patrol sector have paramedic certifications; and (ii) in determining the assigned posts of U.S. Border Patrol agents who have received training under subparagraph (A)(i), give priority to remote stations and forward operating bases. (D) Medical supplies (i) Minimum list The Commissioner of U.S. Customs and Border Protection shall provide minimum medical supplies to each U.S. Border Patrol agent with an EMT or paramedic certification and to each U.S. Border Patrol sector, including all remote stations and forward operating bases, for use while on patrol, including— (I) supplies designed for children; (II) first aid kits; and (III) oral hydration, such as water. (ii) Consultation In developing the minimum list of medical supplies required under clause (i), the Commissioner shall consult national organizations with expertise in emergency medical care, including emergency medical care of children. (E) Motor vehicles The Commissioner of U.S. Customs and Border Protection shall make available appropriate motor vehicles to U.S. Border Patrol agents with current EMT or paramedic certifications to enable them to provide necessary emergency medical assistance. (F) GAO report Not later than 3 years after the date of the enactment of the U.S. Citizenship Act , the Comptroller General of the United States shall— (i) review the progress of the U.S. Customs and Border Protection’s promotion in reaching the goal of up to 10 percent of all U.S. Border Patrol agents having EMT or paramedic certifications; and (ii) provide a recommendation to Congress as to whether— (I) the Commissioner of U.S. Customs and Border Protection has effectively and vigorously undertaken an agency-wide effort to encourage and promote the mandate for medical training for U.S. Border Patrol agents under this paragraph; (II) additional incentive modifications are needed to achieve or maintain the goal, including pay differentials; and (III) the 10 percent goal is properly scoped to materially contribute to the preservation of life and the effectiveness and efficiency of U.S. Border Patrol operations, including whether the number is too high or too low. ; and (B) in subsection (r), by striking section, the terms and inserting the following: section— (1) the term child means any individual who has not reached 18 years of age; and (2) the terms. (2) Authorization of appropriations There are authorized to be appropriated such sums as may be necessary to carry out section 411(l)(2) of the Homeland Security Act of 2002, as added by paragraph (1). (e) Identifying and treating individuals experiencing medical distress (1) Online training (A) In general Beginning on the date that is 90 days after the date of the enactment of this Act, the Commissioner of U.S. Customs and Border Protection shall require all U.S. Border Patrol agents, including agents with EMT or paramedic certification, to complete an online training program that meets nationally recognized standards for the medical care of children to enable U.S. Border Patrol agents— (i) to identify common signs of medical distress in children; and (ii) to ensure the timely transport of sick or injured children to an appropriate medical provider. (B) Contract In developing or selecting an online training program under subparagraph (A), the Commissioner may enter into a contract with a national professional medical association of pediatric medical providers. (2) Voice access to medical professionals (A) In general The Commissioner of U.S. Customs and Border Protection shall ensure that all remote U.S. Border Patrol stations, forward operating bases, and remote ports of entry along the southern border of the United States have 24-hour voice access to a medical command physician whose board certification includes the ability to perform this role or a mid-level health care provider with pediatric training for consultations regarding the medical needs of individuals, including children, taken into custody near the United States border. (B) Acceptable means of access Access under subparagraph (A) may be accomplished through mobile phones, satellite mobile radios, or other means prescribed by the Commissioner. (f) Commercial driver program (1) Establishment The Commissioner of U.S. Customs and Border Protection shall establish a program to expedite detainee transport to border patrol processing facilities by ensuring, beginning not later than 1 year after the date of the enactment of this Act, that— (A) not fewer than 300 U.S. Border Patrol agents assigned to remote U.S. Border Patrol stations have a commercial driver’s license with a passenger endorsement for detainee transport; (B) in each of the El Paso, Laredo, Rio Grande Valley, San Diego, Yuma, and Tucson U.S. Border Patrol Sectors— (i) not fewer than 5 U.S. Border Patrol agents with a commercial driver’s license are available during every shift; and (ii) not fewer than 3 buses are assigned to the sector; and (C) in each of the Big Bend, Del Rio, and El Centro U.S. Border Patrol Sectors— (i) not fewer than 2 U.S. Border Patrol agents with a commercial driver’s license are available during every shift; and (ii) not fewer than 1 bus is assigned to the sector. (2) Relocation Buses assigned to specific U.S. Border Patrol sectors pursuant to paragraph (1) may be relocated to other sectors in response to changing patterns. (3) Reducing wait times at remote U.S. Border Patrol stations The Commissioner of U.S. Customs and Border Protection shall ensure that sufficient buses are available in each U.S. Border Patrol sector to avoid subjecting detainees to long wait times at remote border patrol stations. (4) Use of official duty time A U.S. Border Patrol agent shall be credited with work time for the process of obtaining and maintaining a commercial driver’s license under paragraph (1). (5) Reports to congress The Secretary shall submit quarterly reports regarding the average length of detainees’ stay at U.S. Border Patrol stations to— (A) the Committee on Homeland Security and Governmental Affairs of the Senate ; and (B) the Committee on Homeland Security of the House of Representatives. 2305. GAO study of waiver of environmental and other laws The Comptroller General of the United States shall study the impact of the authority of the Secretary, under section 102(c) of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (division C of Public Law 104–208 ; 8 U.S.C. 1103 note), to waive otherwise applicable legal requirements to expedite the construction of barriers and roads near United States borders, including the impact of such waiver on the environment, Indian lands, and border communities. 2306. Establishment of Border Community Stakeholder Advisory Committee (a) In general Subtitle B of title IV of the Homeland Security Act of 2002 ( 6 U.S.C. 211 et seq. ) is amended by inserting after section 415 the following: 416. Border Community Stakeholder Advisory Committee (a) Definitions In this section: (1) Advisory committee The term Advisory Committee means the Border Community Stakeholder Advisory committee established pursuant to subsection (b). (2) Border community stakeholder The term border community stakeholder means an individual who has ownership interests or resides near an international land border of the United States, including— (A) an individual who owns land within 10 miles of an international land border of the United States; (B) a business leader of a company operating within 100 miles of a land border of the United States; (C) a local official from a community on a land border of the United States; (D) a representative of an Indian Tribe possessing Tribal lands on a land border of the United States; and (E) a representative of a human rights or civil rights organization operating near a land border of the United States. (b) Establishment The Secretary shall establish, within the Department, the Border Community Stakeholder Advisory Committee. (c) Duties (1) In general The Secretary shall consult with the Advisory Committee, as appropriate, regarding border security and immigration enforcement matters, including on the development, refinement, and implementation of policies, protocols, programs, and rulemaking pertaining to border security and immigration enforcement that may impact border communities. (2) Recommendations The Advisory Committee shall develop, at the request of the Secretary, recommendations regarding policies, protocols, programs, and rulemaking pertaining to border security and immigration enforcement that may impact border communities. (d) Membership (1) Appointment (A) In general The Secretary shall appoint the members of the Advisory Committee. (B) Composition The Advisory Committee shall be composed of— (i) 1 border community stakeholder from each of the 9 U.S. Border Patrol sectors; and (ii) 3 individuals with significant expertise and experience in immigration law, civil rights, and civil liberties, particularly relating to the interests of residents of border communities. (2) Term of office (A) Terms The term of each member of the Advisory Committee shall be 2 years. The Secretary may reappoint members for additional terms. (B) Removal The Secretary may review the participation of a member of the Advisory Committee and remove such member for cause at any time. (3) Prohibition on compensation The members of the Advisory Committee may not receive pay, allowances, or benefits from the Federal Government by reason of their service on the Advisory Committee. (4) Meetings (A) In general The Secretary shall require the Advisory Committee to meet at least semiannually and may convene additional meetings as necessary. (B) Public meetings At least 1 of the meetings described in subparagraph (A) shall be open to the public. (C) Attendance The Advisory Committee shall maintain a record of the persons present at each meeting. (5) Member access to sensitive security information (A) Access If the Secretary determines that there is no cause to restrict a member of the Advisory Committee from possessing sensitive security information, the member may be granted access to such information that is relevant to the member’s advisory duties after voluntarily signing a nondisclosure agreement. (B) Restrictions on use The member shall protect the sensitive security information referred to in subparagraph (A) in accordance with part 1520 of title 49, Code of Federal Regulations. (6) Chairperson A stakeholder representative on the Advisory Committee who is elected by the appointed membership of the Advisory Committee shall chair the Advisory Committee. (e) Nonapplicability of FACA The Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to the Advisory Committee or any of its subcommittees.. (b) Appropriations There are authorized to be appropriated such sums as may be necessary to implement this section. (c) Clerical amendment The table of contents in section 1(b) of the Homeland Security Act of 2002 ( Public Law 107–296 ) is amended by inserting after the item relating to section 415 the following: Sec. 416. Border Community Stakeholder Advisory Committee.. 416. Border Community Stakeholder Advisory Committee (a) Definitions In this section: (1) Advisory committee The term Advisory Committee means the Border Community Stakeholder Advisory committee established pursuant to subsection (b). (2) Border community stakeholder The term border community stakeholder means an individual who has ownership interests or resides near an international land border of the United States, including— (A) an individual who owns land within 10 miles of an international land border of the United States; (B) a business leader of a company operating within 100 miles of a land border of the United States; (C) a local official from a community on a land border of the United States; (D) a representative of an Indian Tribe possessing Tribal lands on a land border of the United States; and (E) a representative of a human rights or civil rights organization operating near a land border of the United States. (b) Establishment The Secretary shall establish, within the Department, the Border Community Stakeholder Advisory Committee. (c) Duties (1) In general The Secretary shall consult with the Advisory Committee, as appropriate, regarding border security and immigration enforcement matters, including on the development, refinement, and implementation of policies, protocols, programs, and rulemaking pertaining to border security and immigration enforcement that may impact border communities. (2) Recommendations The Advisory Committee shall develop, at the request of the Secretary, recommendations regarding policies, protocols, programs, and rulemaking pertaining to border security and immigration enforcement that may impact border communities. (d) Membership (1) Appointment (A) In general The Secretary shall appoint the members of the Advisory Committee. (B) Composition The Advisory Committee shall be composed of— (i) 1 border community stakeholder from each of the 9 U.S. Border Patrol sectors; and (ii) 3 individuals with significant expertise and experience in immigration law, civil rights, and civil liberties, particularly relating to the interests of residents of border communities. (2) Term of office (A) Terms The term of each member of the Advisory Committee shall be 2 years. The Secretary may reappoint members for additional terms. (B) Removal The Secretary may review the participation of a member of the Advisory Committee and remove such member for cause at any time. (3) Prohibition on compensation The members of the Advisory Committee may not receive pay, allowances, or benefits from the Federal Government by reason of their service on the Advisory Committee. (4) Meetings (A) In general The Secretary shall require the Advisory Committee to meet at least semiannually and may convene additional meetings as necessary. (B) Public meetings At least 1 of the meetings described in subparagraph (A) shall be open to the public. (C) Attendance The Advisory Committee shall maintain a record of the persons present at each meeting. (5) Member access to sensitive security information (A) Access If the Secretary determines that there is no cause to restrict a member of the Advisory Committee from possessing sensitive security information, the member may be granted access to such information that is relevant to the member’s advisory duties after voluntarily signing a nondisclosure agreement. (B) Restrictions on use The member shall protect the sensitive security information referred to in subparagraph (A) in accordance with part 1520 of title 49, Code of Federal Regulations. (6) Chairperson A stakeholder representative on the Advisory Committee who is elected by the appointed membership of the Advisory Committee shall chair the Advisory Committee. (e) Nonapplicability of FACA The Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to the Advisory Committee or any of its subcommittees. 2307. Rescue beacons Section 411(o) of the Homeland Security Act of 2002 ( 6 U.S.C. 211(o) ) is amended by adding at the end the following: (3) Rescue beacons Beginning on October 1, 2023, in carrying out subsection (c)(8), the Commissioner shall purchase, deploy, and maintain additional self-powering, 9–1–1 cellular relay rescue beacons along the southern border of the United States at appropriate locations, as determined by the Commissioner, to effectively mitigate migrant deaths.. 2308. Use of force (a) Department of Homeland Security policies (1) Issuance The Secretary, in coordination with the Assistant Attorney General for the Civil Rights, shall issue policies governing the use of force by all Department of Homeland Security personnel. (2) Consultation requirement In developing policies pursuant to paragraph (1), the Secretary shall consult with law enforcement and civil rights organizations to ensure that such policies— (A) focus law enforcement efforts and tactics on protecting public safety and national security that are consistent with our Nation’s values; and (B) leverage best practices and technology to provide such protection. (b) Public reporting Not later than 24 hours after any use-of-force incident that results in serious injury to, or the death of, an officer, agent, or member of the public, the Secretary shall— (1) make the facts of such incident public; and (2) comply fully with the requirements set forth in section 3 of the Death in Custody Reporting Act of 2013 ( 42 U.S.C. 13727a ). 2309. Office of Professional Responsibility (a) In general The Commissioner of U.S. Customs and Border Protection shall hire, train, and assign sufficient Office of Professional Responsibility special agents to ensure that there is 1 such special agent for every 30 officers to investigate criminal and administrative matters and misconduct by officers and other employees of U.S. Customs and Border Protection. (b) Contracts The Commissioner is authorized to enter into such contracts as may be necessary to carry out this section. 2401. Humanitarian and medical standards for individuals in U.S. Customs and Border Protection custody (a) In general The Secretary, in coordination with the Secretary of Health and Human Services, and in consultation with nongovernmental experts in the delivery of humanitarian response and health care, shall develop guidelines and protocols for basic minimum standards of care for individuals in the custody of U.S. Customs and Border Protection. (b) Issues addressed The guidelines and protocols described in subsection (a) shall ensure that the staffing, physical facilities, furnishings, and supplies are adequate to provide each detainee with appropriate— (1) medical care, including initial health screenings and medical assessments; (2) water, sanitation, and hygiene; (3) food and nutrition; (4) clothing and shelter; (5) quiet, dimly illuminated sleeping quarters if he or she is detained overnight; (6) information about available services and legal rights, in the common language spoken by the detainee, and access to a telephone; and (7) freedom to practice the detainee’s religion. 2402. Child welfare at the border (a) Guidelines The Secretary, in consultation with appropriate Federal, State, and local government officials, pediatricians, and child welfare experts and private sector agencies, shall develop additional guidelines for the treatment of children in the custody of U.S. Customs and Border Protection. (b) Guiding principle The guiding principle of the guidelines developed pursuant to subsection (a) shall be the best interest of the child and shall include— (1) appropriate training for all Department of Homeland Security personnel and cooperating entity personnel who have contact with children relating to the care and custody of children; (2) ensuring the availability of qualified child welfare professionals and licensed medical professionals, as appropriate; (3) a reliable system for identifying and reporting allegations of child abuse or neglect; (4) prohibiting the removal of a child from a parent or legal guardian for the purpose of deterring individuals from migrating to the United States or promoting compliance with the United States immigration laws; (5) reasonable arrangements for unannounced visits and inspections by the Office of Inspector General of the Department of Homeland Security, nongovernmental organizations, and State and local child welfare agencies; and (6) the preservation of all records associated with children in the custody of the Department of Homeland Security, including records of— (A) the identities of the children; (B) any known family members of the children; and (C) reported incidents of abuse of the children while in custody. (c) Authorization of appropriations There are authorized to be appropriated such sums as may be necessary to implement this section. 2403. Office of Inspector General oversight Not later than 6 months after the date of the enactment of this Act and every 6 months thereafter, the Inspector General of the Department of Homeland Security, in coordination with the Secretary of Health and Human Services, shall submit a report to the appropriate congressional committees regarding— (1) the status of the implementation of sections 2401 and 2402; and (2) findings made after announced and unannounced inspections to Department of Homeland Security facilities. 2404. Enhanced investigation and prosecution of human smuggling networks and trafficking organizations The Attorney General and the Secretary shall expand collaboration on the investigation and prosecution of human smuggling networks and trafficking organizations targeting migrants, asylum seekers, and unaccompanied children and operating at the southwestern border of the United States, including the continuation and expansion of anti-trafficking coordination teams. 2405. Enhanced penalties for organized smuggling schemes (a) In general Section 274(a)(1)(B) of the Immigration and Nationality Act ( 8 U.S.C. 1324(a)(1)(B) ) is amended— (1) by redesignating clauses (iii) and (iv) as clauses (iv) and (v), respectively; (2) by inserting after clause (ii) the following: (iii) in the case of a violation of subparagraph (A)(i) during and in relation to which the person, while acting for profit or other financial gain, knowingly directs or participates in a scheme to cause 10 or more persons (other than a parent, spouse, sibling, son or daughter, grandparent, or grandchild of the offender) to enter or to attempt to enter the United States at the same time at a place other than a designated port of entry or place other than designated by the Secretary, be fined under title 18, United States Code, imprisoned not more than 15 years, or both; ; and (3) in clause (iv), as redesignated, by inserting commits or attempts to commit sexual assault of, after section 1365 of title 18, United States Code) to,. (b) Bulk cash smuggling Section 5332(b)(1) of title 31, United States Code, is amended— (1) in the paragraph heading, by striking Term of imprisonment.— and inserting In general.— ; and (2) by inserting , fined under title 18, or both after 5 years. 2406. Expanding financial sanctions on narcotics trafficking and money laundering (a) Financial sanctions expansion The Secretary of the Treasury, the Attorney General, the Secretary of State, the Secretary of Defense, and the Director of Central Intelligence shall expand investigations, intelligence collection, and analysis pursuant to the Foreign Narcotics Kingpin Designation Act ( 21 U.S.C. 1901 et seq. ) to increase the identification and application of sanctions against— (1) significant foreign narcotics traffickers and their organizations and networks; and (2) foreign persons, including government officials, who provide material, financial, or technological support to such traffickers, organizations, or networks. (b) Specific targets The activities described in subsection (a) shall specifically target foreign narcotics traffickers, their organizations and networks, and the foreign persons, including government officials, who provide material, financial, or technological support to such traffickers, organizations, and networks that are present and operating in Central America. (c) Authorization of appropriations There are authorized to be appropriated such sums as may be necessary to carry out subsection (a). 2407. Support for transnational anti-gang task forces for countering criminal gangs The Director of the Federal Bureau of Investigation, the Director of the Drug Enforcement Administration, and the Secretary, in coordination with the Secretary of State, shall expand the use of transnational task forces that seek to address transnational crime perpetrated by gangs in El Salvador, Guatemala, Honduras, and any other identified country by— (1) expanding transnational criminal investigations focused on criminal gangs in identified countries, such as MS–13 and 18th Street; (2) expanding training and partnership efforts with law enforcement entities in identified countries to disrupt and dismantle criminal gangs, both internationally and in their respective countries; (3) establishing or expanding gang-related investigative units; (4) collecting and disseminating intelligence to support related United States-based investigations; and (5) expanding programming related to gang intervention and prevention for at-risk youth. 2408. Hindering immigration, border, and customs controls (a) Personnel and structures Title II of the Immigration and Nationality Act ( 8 U.S.C. 1151 et seq. ) is amended by inserting after section 274D the following: 274E. Hindering immigration, border, and customs controls (a) Illicit spotting (1) In general It shall be unlawful to knowingly surveil, track, monitor, or transmit the location, movement, or activities of any officer or employee of a Federal, State, or Tribal law enforcement agency with the intent— (A) to gain financially; and (B) to violate— (i) the immigration laws; (ii) the customs and trade laws of the United States (as defined in section 2(4) of the Trade Facilitation and Trade Enforcement Act of 2015 ( Public Law 114–125 )); (iii) any other Federal law relating to transporting controlled substances, agriculture, or monetary instruments into the United States; or (iv) any Federal law relating to border controls measures of the United States. (2) Penalty Any person who violates paragraph (1) shall be fined under title 18, United States Code, imprisoned for not more than 5 years, or both. (b) Destruction of United States border controls (1) In general It shall be unlawful to knowingly and without lawful authorization— (A) destroy or significantly damage any fence, barrier, sensor, camera, or other physical or electronic device deployed by the Federal Government to control an international border of, or a port of entry to, the United States; or (B) otherwise construct, excavate, or make any structure intended to defeat, circumvent or evade such a fence, barrier, sensor camera, or other physical or electronic device deployed by the Federal Government to control an international border of, or a port of entry to, the United States. (2) Penalty Any person who violates paragraph (1) shall be fined under title 18, United States Code, imprisoned for not more than 5 years, or both.. (b) Clerical amendment The table of contents of the Immigration and Nationality Act ( 8 U.S.C. 1101 et seq. ) is amended by inserting after the item relating to section 274D the following: Sec. 274E. Hindering immigration, border, and customs controls.. 274E. Hindering immigration, border, and customs controls (a) Illicit spotting (1) In general It shall be unlawful to knowingly surveil, track, monitor, or transmit the location, movement, or activities of any officer or employee of a Federal, State, or Tribal law enforcement agency with the intent— (A) to gain financially; and (B) to violate— (i) the immigration laws; (ii) the customs and trade laws of the United States (as defined in section 2(4) of the Trade Facilitation and Trade Enforcement Act of 2015 ( Public Law 114–125 )); (iii) any other Federal law relating to transporting controlled substances, agriculture, or monetary instruments into the United States; or (iv) any Federal law relating to border controls measures of the United States. (2) Penalty Any person who violates paragraph (1) shall be fined under title 18, United States Code, imprisoned for not more than 5 years, or both. (b) Destruction of United States border controls (1) In general It shall be unlawful to knowingly and without lawful authorization— (A) destroy or significantly damage any fence, barrier, sensor, camera, or other physical or electronic device deployed by the Federal Government to control an international border of, or a port of entry to, the United States; or (B) otherwise construct, excavate, or make any structure intended to defeat, circumvent or evade such a fence, barrier, sensor camera, or other physical or electronic device deployed by the Federal Government to control an international border of, or a port of entry to, the United States. (2) Penalty Any person who violates paragraph (1) shall be fined under title 18, United States Code, imprisoned for not more than 5 years, or both. 3101. Recapture of immigrant visas lost to bureaucratic delay (a) Worldwide level of family-Sponsored immigrants Section 201(c) of the Immigration and Nationality Act ( 8 U.S.C. 1151(c) ) is amended to read as follows: (c) Worldwide level of family-Sponsored immigrants (1) In general The worldwide level of family-sponsored immigrants under this subsection for a fiscal year is equal to the sum of— (A) 480,000; (B) the number computed under paragraph (2); and (C) the number computed under paragraph (3). (2) Unused visa numbers from previous fiscal year The number computed under this paragraph for a fiscal year is the difference, if any, between— (A) the worldwide level of employment-based immigrant visas established for the previous fiscal year; and (B) the number of visas issued under section 203(b) during the previous fiscal year. (3) Unused visa numbers from fiscal years 1992 through 2022 The number computed under this paragraph is the difference, if any, between— (A) the difference, if any, between— (i) the sum of the worldwide levels of family-sponsored immigrant visas established for fiscal years 1992 through 2022; and (ii) the number of visas issued under section 203(a) during such fiscal years; and (B) the number of visas resulting from the calculation under subparagraph (A) that were issued after fiscal year 2022 under section 203(a).. (b) Worldwide level of employment-Based immigrants Section 201(d) of the Immigration and Nationality Act ( 8 U.S.C. 1151(d) ) is amended to read as follows: (d) Worldwide level of employment-Based immigrants (1) In general The worldwide level of employment-based immigrants under this subsection for a fiscal year is equal to the sum of— (A) 170,000; (B) the number computed under paragraph (2); and (C) the number computed under paragraph (3). (2) Unused visa numbers from previous fiscal year The number computed under this paragraph for a fiscal year is the difference, if any, between— (A) the worldwide level of family-sponsored immigrant visas established for the previous fiscal year; and (B) the number of visas issued under section 203(a) during the previous fiscal year. (3) Unused visa numbers from fiscal years 1992 through 2022 The number computed under this paragraph is the difference, if any, between— (A) the difference, if any, between— (i) the sum of the worldwide levels of employment-based immigrant visas established for each of fiscal years 1992 through 2022; and (ii) the number of visas issued under section 203(b) during such fiscal years; and (B) the number of visas resulting from the calculation under subparagraph (A) that were issued after fiscal year 2022 under section 203(b).. (c) Effective date The amendments made by this section shall apply to each fiscal year beginning with fiscal year 2024. 3102. Reclassification of spouses and minor children of lawful permanent residents as immediate relatives (a) In general Section 201(b)(2) of the Immigration and Nationality Act ( 8 U.S.C. 1151(b)(2) ) is amended to read as follows: (2) Immediate relatives (A) In general (i) Immediate relative defined In this Act, the term immediate relative includes— (I) a child, spouse, and parent of a citizen of the United States, except that, in the case of parents, such citizen of the United States shall be at least 21 years of age; (II) a child or spouse of a lawful permanent resident; and (III) for each family member of a citizen of the United States or lawful permanent resident described in subclauses (I) and (II), the family member’s spouse or child who is accompanying or following to join the family member. (ii) Previously issued visa A noncitizen admitted under section 211(a) on the basis of a prior issuance of a visa under section 203(a) to his or her immediate relative accompanying parent is an immediate relative. (iii) Parents and children A noncitizen who was the child or parent of a citizen of the United States or a child of a lawful permanent resident on the date of the death of the United States citizen or lawful permanent resident is an immediate relative if the noncitizen files a petition under section 204(a)(1)(A)(ii) not later than 2 years after such date or before attaining 21 years of age. (iv) Spouses A noncitizen who was the spouse of a citizen of the United States or lawful permanent resident for not less than 2 years on the date of death of the United States citizen or lawful permanent resident (or, if married for less than 2 years on such date, proves by a preponderance of the evidence that the marriage was entered into in good faith and not solely for the purpose of obtaining an immigration benefit and the noncitizen was not legally separated from the citizen of the United States or lawful permanent resident on such date) and each child of such noncitizen shall be considered, for purposes of this subsection, an immediate relative after such date if the spouse files a petition under section 204(a)(1)(A)(ii) before the date on which the spouse remarries. (v) Special rule For purposes of this subparagraph, a noncitizen who has filed a petition under clause (iii) or (iv) of section 204(a)(1)(A) remains an immediate relative if the United States citizen or lawful permanent resident spouse or parent loses United States citizenship or lawful permanent residence on account of the abuse. (B) Birth during temporary visit abroad A noncitizen born to a lawful permanent resident during a temporary visit abroad is an immediate relative.. (b) Allocation of immigrant visas Section 203(a) of the Immigration and Nationality Act ( 8 U.S.C. 1153(a) ) is amended— (1) in paragraph (1), by striking 23,400 and inserting 26.5 percent of such worldwide level ; (2) by striking paragraph (2) and inserting the following: (2) Unmarried sons and unmarried daughters of lawful permanent residents Qualified immigrants who are the unmarried sons or unmarried daughters (but are not the children) of lawful permanent residents shall be allocated visas in a number not to exceed 16.8 percent of such worldwide level, plus any visas not required for the class specified in paragraph (1). ; (3) in paragraph (3), by striking 23,400 and inserting 16.8 percent of such worldwide level ; and (4) in paragraph (4), by striking 65,000 and inserting 39.9 percent of such worldwide level. (c) Conforming amendments (1) Rules for determining whether certain noncitizens are immediate relatives Section 201(f) of the Immigration and Nationality Act ( 8 U.S.C. 1151(f) ) is amended— (A) in paragraph (1), by striking paragraphs (2) and (3), and inserting paragraph (2), ; (B) by striking paragraph (2); (C) by redesignating paragraphs (3) and (4) as paragraphs (2) and (3), respectively; and (D) in paragraph (3), as redesignated by subparagraph (C), by striking through (3) and inserting and (2). (2) Allocation of immigration visas Section 203(h) of the Immigration and Nationality Act ( 8 U.S.C. 1153(h) ) is amended— (A) in paragraph (1)— (i) in the matter preceding subparagraph (A), by striking subsections (a)(2)(A) and (d) and inserting subsection (d) ; (ii) in subparagraph (A), by striking becomes available for such noncitizen (or, in the case of subsection (d), the date on which an immigrant visa number became available for the noncitizen’s parent), and inserting became available for the noncitizen’s parent, ; and (iii) in subparagraph (B), by striking applicable ; (B) by amending paragraph (2) to read as follows: (2) Petition described The petition described in this paragraph is a petition filed under section 204 for classification of a noncitizen’s parent under subsection (a), (b), or (c). ; and (C) in paragraph (3), by striking subsections (a)(2)(A) and (d) and inserting subsection (d). (3) Procedure for granting immigrant status Section 204 of the Immigration and Nationality Act ( 8 U.S.C. 1154 ) is amended— (A) in subsection (a)(1)— (i) in subparagraph (A)— (I) in clause (i), by inserting or lawful permanent resident after citizen of the United States ; (II) in clause (ii), by striking described in the second sentence of section 201(b)(2)(A)(i) also and inserting , noncitizen child, or noncitizen parent described in section 201(b)(2)(A) ; (III) in clause (iii)— (aa) in subclause (I)(aa), by inserting or lawful permanent resident after citizen ; and (bb) in subclause (II)(aa)— (AA) in subitems (AA) and (BB), by inserting or lawful permanent resident; after citizen of the United States each place it appears; and (BB) in subitem (CC), by inserting or lawful permanent resident after United States citizen each place it appears and by inserting or lawful permanent resident after citizenship ; (IV) in clause (iv)— (aa) by striking citizen of the United States and inserting United States citizen or lawful permanent resident parent ; (bb) by inserting or lawful permanent resident after United States citizen ; (cc) by inserting or lawful permanent resident after citizenship ; (dd) by striking citizen parent may and inserting United States citizen or lawful permanent resident parent may ; (ee) by striking citizen parent. and inserting United States citizen or lawful permanent resident parent. ; and (ff) by striking residence includes and inserting residence with a parent includes ; (V) in clause (v)(I), by inserting or lawful permanent resident after citizen ; (VI) in clause (vi)— (aa) by inserting or lawful permanent resident status after renunciation of citizenship ; and (bb) by inserting or lawful permanent resident after abuser’s citizenship ; and (VII) in clause (viii)(I)— (aa) by striking citizen of the United States and inserting United States citizen or lawful permanent resident ; and (bb) by inserting or lawful permanent resident after the citizen ; (ii) by striking subparagraph (B); (iii) in subparagraph (C), by striking subparagraph (A)(iii), (A)(iv), (B)(ii), or (B)(iii) and inserting clause (iii) or (iv) of subparagraph (A) ; (iv) in subparagraph (D)— (I) in clause (i)(I), by striking clause (iv) of section 204(a)(1)(A) or section 204(a)(1)(B)(iii) each place it appears and inserting subparagraph (A)(iv) ; (II) in clause (ii), by striking subparagraph (A)(iii), (A)(iv), (B)(ii) or (B)(iii) and inserting clause (iii) or (iv) of subparagraph (A) ; (III) in clause (iv), by striking subparagraph (A)(iii), (A)(iv), (B)(ii), or (B)(iii) and inserting clause (iii) or (iv) of subparagraph (A) ; and (IV) in clause (v), by striking or (B)(iii) ; (v) in subparagraph (J)— (I) by striking or clause (ii) or (iii) of subparagraph (B) ; and (II) by striking subparagraphs (C) and (D) and inserting subparagraphs (B) and (C) ; and (vi) by redesignating subparagraphs (C) through (L) as subparagraphs (B) through (K), respectively; (B) in subsection (a), by striking paragraph (2); (C) in subsection (h)— (i) in the first sentence, by striking or a petition filed under subsection (a)(1)(B)(ii) pursuant to conditions described in subsection (a)(1)(A)(iii)(1) ; and (ii) in the second sentence— (I) by striking section 204(a)(1)(B)(ii) or 204(a)(1)(A)(iii) and inserting subsection (a)(1)(A)(iii) ; and (II) by striking section 204(a)(1)(A) or in section 204(a)(1)(B)(iii) and inserting subsection (a)(1)(A) ; (D) in subsection (i)(1), by striking subsection (a)(4)(D) and inserting subsection (a)(1)(D) ; (E) in subsection (j), by striking subsection (a)(1)(D) and inserting subsection (a)(1)(E) ; and (F) in subsection l(1)— (i) by striking who resided in the United States at the time of the death of the qualifying relative and who continues to reside in the United States ; and (ii) by striking any related applications, and inserting any related applications (including affidavits of support),. (4) Additional conforming amendments (A) Section 101(a) of the Immigration and Nationality Act ( 8 U.S.C. 1101(a) ) is amended— (i) in paragraph (50), by striking , 204(a)(1)(B)(ii)(II)(aa)(BB), ; and (ii) in paragraph (51)— (I) by striking subparagraph (B); and (II) by redesignating subparagraphs (C) through (G) as subparagraphs (B) through (F), respectively. (B) Section 212(a)(4)(C)(i) of the Immigration and Nationality Act ( 8 U.S.C. 1182(a)(4)(C)(i) ) is amended— (i) by striking subclause (II); and (ii) by redesignating subclause (III) as subclause (II). (C) Section 240(c)(7)(C)(iv)(I) of the Immigration and Nationality Act ( 8 U.S.C. 1229a(c)(7)(C)(iv)(I) ) is amended by striking , clause (ii) or (iii) of section 204(a)(1)(B),. 3103. Adjustment of family-sponsored per-country limits Section 202(a) of the Immigration and Nationality Act ( 8 U.S.C. 1152(a) ) is amended— (1) in paragraph (2), by striking 7 percent (in the case of a single foreign state) or 2 percent and inserting 20 percent (in the case of a single foreign state) or 5 percent ; and (2) by amending paragraph (4) to read as follows: (4) Limiting pass down for certain countries subject to subsection ( e ) In the case of a foreign state or dependent area to which subsection (e) applies, if the total number of visas issued under section 203(a)(2) exceeds the maximum number of visas that may be made available to immigrants of the state or area under section 203(a)(2) consistent with subsection (e) (determined without regard to this paragraph), in applying paragraphs (3) and (4) of section 203(a) under subsection (e)(2) all visas shall be deemed to have been required for the classes specified in paragraphs (1) and (2) of such section.. 3104. Promoting family unity (a) Repeal of 3-Year, 10-Year, and permanent bars Section 212(a)(9) of the Immigration and Nationality Act ( 8 U.S.C. 1182(a)(9) ) is amended to read as follows: (9) Noncitizens previously removed (A) Arriving noncitizen Any noncitizen who has been ordered removed under section 235(b)(1) or at the end of proceedings under section 240 initiated upon the noncitizen's arrival in the United States and who again seeks admission within 5 years of the date of such removal (or within 20 years in the case of a second or subsequent removal or at any time in the case of a noncitizen convicted of an aggravated felony) is inadmissible. (B) Other noncitizens Any noncitizen not described in subparagraph (A) who seeks admission within 10 years of the date of such noncitizen’s departure or removal (or within 20 years of such date in the case of a second or subsequent removal or at any time in the case of a noncitizen convicted of an aggravated felony) is inadmissible if the noncitizen— (i) has been ordered removed under section 240 or any other provision of law; or (ii) departed the United States while an order of removal was outstanding. (C) Exception Subparagraphs (A) and (B) shall not apply to a noncitizen seeking admission within a period if, prior to the date of the noncitizen’s reembarkation at a place outside the United States or attempt to be admitted from foreign contiguous territory, the Secretary of Homeland Security has consented to the noncitizen’s reapplying for admission.. (b) Misrepresentation of citizenship The Immigration and Nationality Act ( 8 U.S.C. 1101 et seq. ) is amended— (1) in section 212(a)(6)(C) ( 8 U.S.C. 1182(a)(6)(C) ), by amending clause (ii) to read as follows: (ii) Misrepresentation of citizenship (I) In general Any noncitizen who willfully misrepresents, or has willfully misrepresented, himself or herself to be a citizen of the United States for any purpose or benefit under this Act (including section 274A) or any Federal or State law is inadmissible. (II) Exception In the case of a noncitizen who was under the age of 21 years at the time of making a misrepresentation described in subclause (I), the noncitizen shall not be considered to be inadmissible under any provision of this subsection based on such misrepresentation. ; and (2) in section 237(a)(3) ( 8 U.S.C. 1227(a)(3) ), by amending subparagraph (D) to read as follows: (D) Misrepresentation of citizenship (i) In general Any noncitizen who willfully misrepresents, or has willfully misrepresented, himself or herself to be a citizen of the United States for any purpose or benefit under this Act (including section 274A) or any Federal or State law is deportable. (ii) Exception In the case of a noncitizen who was under the age of 21 years at the time of making a misrepresentation described in clause (i), the noncitizen shall not be considered to be deportable under any provision of this subsection based on such misrepresentation.. 3105. Relief for orphans, widows, and widowers (a) Processing of immigrant visas and derivative petitions (1) In general Section 204(b) of the Immigration and Nationality Act ( 8 U.S.C. 1154(b) ) is amended— (A) by striking (b) After an investigation and inserting the following: (b) Approval of petition (1) In general After an investigation ; and (B) by adding at the end the following: (2) Death of qualifying relative (A) In general A noncitizen described in subparagraph (C) the qualifying relative of whom dies before the completion of immigrant visa processing may have an immigrant visa application adjudicated as if such death had not occurred. (B) Continued validity of visa An immigrant visa issued to a noncitizen before the death of his or her qualifying relative shall remain valid after such death. (C) Noncitizen described A noncitizen described in this subparagraph is a noncitizen who, at the time of the death of his or her qualifying relative, was— (i) an immediate relative (as described in section 201(b)(2)(A)); (ii) a family-sponsored immigrant (as described in subsection (a) or (d) of section 203); (iii) a derivative beneficiary of an employment-based immigrant under section 203(b) (as described in section 203(d)); or (iv) the spouse or child of a refugee (as described in section 207(c)(2)) or an asylee (as described in section 208(b)(3)).. (2) Transition period (A) In general Notwithstanding a denial or revocation of an application for an immigrant visa for a noncitizen the qualifying relative of whom dies before the date of the enactment of this Act, such application may be renewed by the noncitizen by a motion to reopen, without fee. (B) Inapplicability of bars to entry Notwithstanding section 212(a)(9) of the Immigration and Nationality Act ( 8 U.S.C. 1182(a)(9) ), the application for an immigrant visa of a noncitizen the qualifying relative of whom died before the date of the enactment of this Act shall be considered if the noncitizen was excluded, deported, removed, or departed voluntarily before the date of the enactment of this Act. (b) Eligibility for parole If a noncitizen described in section 204(l) of the Immigration and Nationality Act ( 8 U.S.C. 1154(l) ), was excluded, deported, removed, or departed voluntarily before the date of the enactment of this Act— (1) such noncitizen shall be eligible for parole into the United States pursuant to the Secretary’s discretionary authority under section 212(d)(5) of such Act ( 8 U.S.C. 1182(d)(5) ); and (2) such noncitizen’s application for adjustment of status shall be considered notwithstanding section 212(a)(9) of such Act ( 8 U.S.C. 1182(a)(9) ). (c) Naturalization Section 319(a) of the Immigration and Nationality Act ( 8 U.S.C. 1430(a) ) is amended by inserting (or, if the spouse is deceased, the spouse was a citizen of the United States) after citizen of the United States. (d) Family-Sponsored immigrants Section 212(a)(4)(C)(i) of the Immigration and Nationality Act ( 8 U.S.C. 1182(a)(4)(C)(i) ), as amended by section 3102, is further amended— (1) in subclause (I), by striking , or and inserting a semicolon; and (2) by adding at the end the following: (III) status as a surviving relative under section 204(l); or. 3106. Exemption from immigrant visa limit for certain veterans who are natives of the Philippines (a) Short title This section may be cited as the Filipino Veterans Family Reunification Act. (b) Noncitizens not subject to direct numerical limitations Section 201(b)(1) of the Immigration and Nationality Act ( 8 U.S.C. 1151(b)(1) ) is amended by adding at the end the following: (F) Noncitizens who are eligible for an immigrant visa under paragraph (1) or (3) of section 203(a) and who have a parent who was naturalized pursuant to section 405 of the Immigration Act of 1990 ( 8 U.S.C. 1440 note).. 3107. Fiancée or fiancé child status protection (a) In general Section 101(a)(15)(K) of the Immigration and Nationality Act ( 8 U.S.C. 1101(a)(15)(K) ) is amended— (1) in clause (ii), by striking section 201(b)(2)(A)(i) and inserting section 201(b)(2)(A)(i)(I) ; and (2) by amending clause (iii) to read as follows: (iii) is the minor child of a noncitizen described in clause (i) or (ii) and is accompanying or following to join the noncitizen, the age of such child to be determined as of the date on which the petition is submitted to the Secretary of Homeland Security to classify the noncitizen’s parent as the fiancée or fiancé of a United States citizen (in the case of a noncitizen parent described in clause (i)) or as the spouse of a United States citizen under section 201(b)(2)(A)(i)(I) (in the case of a noncitizen parent described in clause (ii));. (b) Adjustment of status authorized Section 214(d) of the Immigration and Nationality Act ( 8 U.S.C. 1184(d) ) is amended— (1) by redesignating paragraphs (2) and (3) as paragraphs (3) and (4), respectively; (2) in paragraph (1)— (A) in the third sentence— (i) by striking paragraph (3)(B) and inserting paragraph (4)(B) ; and (ii) by striking paragraph (3)(B)(i) and inserting paragraph (4)(B)(i) ; and (B) by striking the last sentence; and (3) by inserting after paragraph (1) the following: (2) (A) If a noncitizen does not marry the petitioner under paragraph (1) within 90 days after the noncitizen and the noncitizen’s minor children are admitted into the United States, such noncitizen and children shall be required to depart from the United States. If such noncitizens fail to depart from the United States, they shall be removed in accordance with sections 240 and 241. (B) Subject to subparagraphs (C) and (D), if a noncitizen marries the petitioner described in section 101(a)(15)(K)(i) within 90 days after the noncitizen and the noncitizen’s minor children are admitted into the United States, the Secretary of Homeland Security or the Attorney General, subject to the provisions of section 245(d), may adjust the status of the noncitizen, and any minor children accompanying or following to join the noncitizen, to that of a lawful permanent resident on a conditional basis under section 216 if the noncitizen and any such minor children apply for such adjustment and are not determined to be inadmissible to the United States. (C) Paragraphs (5) and (7)(A) of section 212(a) shall not apply to a noncitizen who is eligible to apply for adjustment of status to that of a lawful permanent resident under this section. (D) A noncitizen eligible for a waiver of inadmissibility as otherwise authorized under this Act shall be permitted to apply for adjustment of status to that of a lawful permanent resident under this section.. (c) Age determination Section 245(d) of the Immigration and Nationality Act ( 8 U.S.C. 1255(d) ) is amended— (1) by inserting (1) before The Attorney General ; and (2) by adding at the end the following: (2) A determination of the age of a noncitizen admitted to the United States under section 101(a)(15)(K)(iii) shall be made, for purposes of adjustment of status to lawful permanent resident on a conditional basis under section 216, using the age of the noncitizen on the date on which the petition is submitted to the Secretary of Homeland Security to classify the noncitizen’s parent as the fiancée or fiancé of a United States citizen (in the case of a noncitizen parent admitted to the United States under section 101(a)(15)(K)(i)) or as the spouse of a United States citizen under section 201(b)(2)(A)(i)(I) (in the case of a noncitizen parent admitted to the United States under section 101(a)(15)(K)(ii)).. (d) Effective date (1) In general The amendments made by this section shall be effective as if included in the Immigration Marriage Fraud Amendments of 1986 ( Public Law 99–639 ; 100 Stat. 3537). (2) Applicability The amendments made by this section shall apply to all petitions or applications described in such amendments that— (A) are pending as of the date of the enactment of this Act; or (B) have been denied, but would have been approved if such amendments had been in effect at the time of adjudication of the petition or application. (3) Motion to reopen or reconsider A motion to reopen or reconsider a petition or an application described in paragraph (2)(B) shall be granted if such motion is submitted to the Secretary or the Attorney General not later than 2 years after the date of the enactment of this Act. 3108. Retention of priority dates Section 203 of the Immigration and Nationality Act ( 8 U.S.C. 1153 ) is amended— (1) in subsection (h), by amending paragraph (3) to read as follows: (3) Retention of priority date If the age of a noncitizen is determined under paragraph (1) to be 21 years or older for purposes of subsection (d), and a parent of the noncitizen files a family-based petition for such noncitizen, the priority date for such petition shall be the original priority date issued upon receipt of the original family-based or employment-based petition for which either parent was a beneficiary. ; and (2) by adding at the end the following: (i) Permanent priority dates (1) In general The priority date for any family-based or employment-based petition shall be the date of filing of the petition with the Secretary of Homeland Security (or the Secretary of State, if applicable), unless the filing of the petition was preceded by the filing of a labor certification with the Secretary of Labor, in which case that date shall constitute the priority date. (2) Retention of earliest priority date The beneficiary of any petition shall retain his or her earliest priority date based on any petition filed on his or her behalf that was approvable on the date on which it was filed, regardless of the category of subsequent petitions.. 3109. Inclusion of permanent partners (a) Immigration and Nationality Act Section 101(a) of the Immigration and Nationality Act ( 8 U.S.C. 1101(a) ), as amended by section 1102, is further amended by adding at the end: (55) Permanent partner (A) The term permanent partner means an individual 18 years of age or older who— (i) is in a committed, intimate relationship with another individual 18 years of age or older in which both parties intend a lifelong commitment; (ii) is financially interdependent with such other individual, except that the Secretary of Homeland Security or the Secretary of State shall have the discretion to waive this requirement on a case-by-case basis for good cause; (iii) is not married to or in a permanent partnership with anyone other than such other individual; (iv) is unable, in the jurisdiction of his or her domicile or the domicile of such other individual, to contract with such other individual a marriage cognizable under this Act; and (v) is not a first-degree, second-degree, or third-degree blood relation of such other individual. (B) Any reference to spouse , husband , or wife , or to the plurals of such terms, shall be equally applicable to a permanent partner. (C) Any reference to marriage , marital union , married , unmarried , wedlock , or any similar term shall be equally applicable to the union of permanent partners.. (b) Other immigration legislation The definition of permanent partner under section 101(a)(55) of the Immigration and Nationality Act ( 8 U.S.C. 1101(a)(55) ), as added by subsection (a), and the meanings of the references described in that section shall apply to— (1) the LIFE Act (division B of the Miscellaneous Appropriations Act, 2001, as enacted into law by section 1(a)(4) of Public Law 106–554 ); (2) the Cuban Adjustment Act ( 8 U.S.C. 1255 note); and (3) the Violence Against Women Act of 2000 (division B of Public Law 106–386 ; 114 Stat. 1491). (c) Inapplicability of ceremony requirement Paragraph (35) of section 101(a) of the Immigration and Nationality Act ( 8 U.S.C. 1101(a) ) is amended by striking The term and inserting Subject to paragraph (55), the term. 3110. Definition of child (a) Titles I and II Section 101(b)(1) of the Immigration and Nationality Act ( 8 U.S.C. 1101(b)(1) ) is amended— (1) in subparagraph (B), by striking , provided the child had not reached the age of eighteen years at the time the marriage creating the status of stepchild occurred ; and (2) by adding at the end the following: (H) (i) a biological child of a noncitizen permanent partner if the child was under the age of 18 years on the date on which the permanent partnership was formed; or (ii) a child adopted by a noncitizen permanent partner while under the age of 16 years if the child— (I) has been in the legal custody of, and has resided with, such adoptive parent for at least 2 years; and (II) was under the age of 18 years at the time the permanent partnership was formed.. (b) Title III Section 101(c) of the Immigration and Nationality Act ( 8 U.S.C. 1101(c) ) is amended— (1) in paragraph (1), by inserting and an individual described in subsection (b)(1)(H) after The term child means an unmarried person under twenty-one years of age ; and (2) in paragraph (2), by inserting and the deceased permanent partner of a deceased parent, father, or mother, after deceased parent, father, and mother. 3111. Termination of conditional permanent resident status for certain noncitizen permanent partners and sons and daughters upon finding qualifying permanent partnership improper Section 216 of the Immigration and Nationality Act ( 8 U.S.C. 1186a ) is amended— (1) in subsection (b)(1)(A)(ii), by inserting or has ceased to satisfy the criteria for being considered a permanent partnership under this Act, after terminated, ; (2) in subsection (c)(4)(B), by striking terminated (other than through the death of the spouse) and inserting terminated, or has ceased to satisfy the criteria for being considered a permanent partnership under this Act, other than through the death of the spouse, ; and (3) in subsection (d)(1)(A)(i)(II), by inserting or has not ceased to satisfy the criteria for being considered a permanent partnership under this Act, after terminated,. 3112. Nationality at birth Section 301 of the Immigration and Nationality Act ( 8 U.S.C. 1401 ) is amended by adding at the end the following: (i) Any reference to a person born of parents in this section shall include— (1) any legally recognized parent-child relationship formed within the first year of a person’s life regardless of any genetic or gestational relationship; (2) either parent of a child born through assisted reproductive technology who is legally recognized as a parent in the relevant jurisdiction regardless of any genetic or gestational relationship; and (3) the spouse of a parent at the time of birth, in any case in which— (A) at least 1 parent is a legally recognized parent; and (B) the marriage occurred before the child’s birth and is recognized in the United States, regardless of where the parents reside.. 3201. Expansion of nondiscrimination provision Section 202(a)(1)(A) of the Immigration and Nationality Act ( 8 U.S.C. 1152(a)(1)(A) ) is amended— (1) by inserting or a nonimmigrant visa, admission or other entry into the United States, or the approval or revocation of any immigration benefit after immigrant visa ; (2) by inserting religion, after sex, ; and (3) by inserting , except if expressly required by statute, or if a statutorily authorized benefit takes into consideration such factors before the period at the end. 3202. Transfer and limitations on authority to suspend or restrict the entry of a class of noncitizens Section 212(f) of the Immigration and Nationality Act ( 8 U.S.C. 1182(f) ) is amended to read as follows: (f) Authority To suspend or restrict the entry of a class of noncitizens (1) In general Subject to paragraph (2), if the Secretary of State, in consultation with the Secretary of Homeland Security, determines, based on specific and credible facts, that the entry of any noncitizens or any class of noncitizens into the United States would undermine the security or public safety of the United States, or the preservation of human rights, democratic processes or institutions, or international stability, the President may temporarily— (A) suspend the entry of such noncitizens or class of noncitizens as immigrants or nonimmigrants; or (B) impose any restriction on the entry of such noncitizens that the President considers appropriate. (2) Limitations In carrying out paragraph (1), the President, the Secretary of State, and the Secretary of Homeland Security shall— (A) issue a suspension or restriction only to the extent required to address specific acts implicating a compelling government interest in a factor identified in paragraph (1); (B) narrowly tailor the suspension or restriction, using the least restrictive means, to achieve such compelling government interest; (C) specify the duration of the suspension or restriction and set forth evidence justifying such duration; (D) consider waivers to any class-based restriction or suspension and apply a rebuttable presumption in favor of granting family-based and humanitarian waivers; and (E) comply with all provisions of this Act, including section 202(a)(1)(A). (3) Congressional notification (A) In general Prior to the President exercising the authority under paragraph (1), the Secretary of State and the Secretary of Homeland Security shall consult Congress and provide Congress with specific evidence supporting the need for the suspension or restriction and its proposed duration. (B) Briefing and report Not later than 48 hours after the President exercises the authority under paragraph (1), the Secretary of State and the Secretary of Homeland Security shall provide a briefing and submit a written report to the appropriate committees of Congress that describes— (i) the action taken pursuant to paragraph (1) and the specified objective of such action; and (ii) the estimated number of individuals who will be impacted by such action; (I) the constitutional and legislative authority under which such action took place; and (II) the circumstances necessitating such action, including how such action complies with paragraph (2) and any intelligence informing such action. (C) Termination If the briefing and report described in subparagraph (B) are not provided to the appropriate committees of Congress during the 48-hour period after the President exercises the authority under paragraph (1), the suspension or restriction shall immediately terminate absent intervening congressional action. (D) Publication The Secretary of State and the Secretary of Homeland Security shall publicly announce and publish an unclassified version of the report described in subparagraph (B) in the Federal Register. (4) Judicial review (A) In general Notwithstanding any other provision of law, an individual or entity who is present in the United States and has been harmed by a violation of this subsection may file an action in an appropriate district court of the United States to seek declaratory or injunctive relief. (B) Class action Nothing in this Act may be construed to preclude an action filed pursuant to subparagraph (A) from proceeding as a class action. (5) Treatment of commercial airlines If the Secretary of Homeland Security finds that a commercial airline has failed to comply with regulations of the Secretary relating to requirements of airlines for the detection of fraudulent documents used by passengers traveling to the United States (including the training of personnel in such detection), the Secretary may suspend the entry of some or all noncitizens transported to the United States by such airline. (6) Reporting requirements (A) In general Not later than 30 days after the date on which the President exercises the authority under this subsection, and every 30 days thereafter until the conclusion of such an exercise of authority, the Secretary of State, in coordination with the Secretary of Homeland Security and the heads of other relevant Federal agencies, shall submit to the appropriate committees of Congress a report that includes the following: (i) For each country affected by such a suspension or restriction— (I) the total number of individuals who applied for a visa, disaggregated by visa category; (II) the total number of such visa applicants who were approved, disaggregated by visa category; (III) the total number of such visa applicants who were refused, disaggregated by visa category, and the reasons they were refused; (IV) the total number of such visa applicants whose applications remain pending, disaggregated by visa category; (V) the total number of such visa applicants who were granted a waiver, disaggregated by visa category; (VI) the total number of such visa applicants who were denied a waiver, disaggregated by visa category, and the reasons such waiver requests were denied; and (VII) the total number of refugees admitted. (ii) Specific evidence supporting the need for the continued exercise of presidential authority under this subsection, including the information described in paragraph (3)(B). (B) Effect of noncompliance If a report required by subparagraph (A) is not timely submitted, the suspension or restriction shall immediately terminate absent intervening congressional action. (C) Final report Not later than 30 days after the conclusion of a suspension or restriction under this subsection, the Secretary of State, in coordination with the Secretary of Homeland Security and the heads of other relevant Federal agencies, shall submit to the appropriate committees of Congress a report that includes, for the entire period of the suspension or restriction, the information described clauses (i) and (ii) of subparagraph (A). (D) Form; availability Each report required by this paragraph shall be made publicly available on an internet website in unclassified form. (7) Rule of construction Nothing in this subsection may be construed to authorize the President, the Secretary of State, or the Secretary of Homeland Security to act in a manner inconsistent with the policy decisions expressed in the immigration laws. (8) Appropriate committees of Congress defined In this subsection, the term appropriate committees of Congress means— (A) the Select Committee on Intelligence, the Committee on Foreign Relations, the Committee on the Judiciary, and the Committee on Homeland Security and Governmental Affairs of the Senate; and (B) the Permanent Select Committee on Intelligence, the Committee on Foreign Affairs, the Committee on the Judiciary, and the Committee on Homeland Security of the House of Representatives.. 3301. Increasing diversity visas Section 201(e) of the Immigration and Nationality Act ( 8 U.S.C. 1151(e) ) is amended by striking 55,000 and inserting 80,000. 3401. Doctoral STEM graduates from accredited United States universities (a) In general Section 201(b)(1) of the Immigration and Nationality Act ( 8 U.S.C. 1151(b)(1) ), as amended by section 3106, is further amended by adding at the end the following: (G) Noncitizens who have earned a doctoral degree in a field of science, technology, engineering, or mathematics from an accredited United States institution of higher education.. (b) Definitions Section 204 of the Immigration and Nationality Act ( 8 U.S.C. 1154 ) is amended by adding at the end the following: (m) Doctoral STEM graduates from accredited United States universities For purposes of section 201(b)(1)— (1) the term field of science, technology, engineering, or mathematics — (A) means a field included in the Department of Education’s Classification of Instructional Programs taxonomy within the summary groups of computer and information sciences and support services, engineering, mathematics and statistics, physical sciences, and the summary group subsets of accounting and related services and taxation; and (B) may include, at the discretion of the Secretary of Homeland Security, other fields not specifically referred to in subparagraph (A) if the accredited United States institution of higher education verifies that the core curriculum for the specific field is primarily based in science, technology, engineering, or mathematics; and (2) the term accredited United States institution of higher education means an institution that— (A) (i) is described in section 101(a) of the Higher Education Act of 1965 ( 20 U.S.C. 1001(a) ); or (ii) is a proprietary institution of higher education (as defined in section 102(b) of such Act ( 20 U.S.C. 1002(b) )); and (B) is accredited by an accrediting body that is itself accredited by— (i) the Department of Education; or (ii) the Council for Higher Education Accreditation.. 3402. Addressing visa backlogs (a) Noncitizens not subject to direct numerical limitations Section 201(b)(1) of the Immigration and Nationality Act ( 8 U.S.C. 1151(b) ), as amended by section 3106 and 3401, is further amended by adding at the end the following: (H) Noncitizens who are beneficiaries (including derivative beneficiaries) of an approved immigrant petition bearing a priority date that is more than 10 years before the noncitizen’s application for admission as an immigrant or for adjustment of status. (I) Noncitizens described in section 203(d).. (b) Effective date The amendments made by this section shall take effect on the date which is 60 days after the date of the enactment of this Act. 3403. Eliminating employment-based per country levels (a) In general Section 202(a)(2) of the Immigration and Nationality Act ( 8 U.S.C. 1152(a)(2) ), as amended by section 3103(a), is further amended— (1) in the paragraph heading, by striking and employment-based ; (2) by striking (3), (4), and (5), and inserting (3) and (4), ; (3) by striking subsections (a) and (b) of section 203 and inserting section 203(a) ; and (4) by striking such subsections and inserting such section. (b) Conforming amendments Section 202 of the Immigration and Nationality Act ( 8 U.S.C. 1152 ), as amended by sections 3103, 3201, and subsection (a), is further amended— (1) in subsection (a)— (A) in paragraph (3), by striking both subsections (a) and (b) of section 203 and inserting section 203(a) ; and (B) by striking paragraph (5); and (2) by amending subsection (e) to read as follows: (e) Special rules for countries at ceiling If the total number of immigrant visas made available under section 203(a) to natives of any single foreign state or dependent area is expected to exceed the numerical limitation specified in subsection (a)(2) in any fiscal year, immigrant visas to natives of that state or area under section 203(a) shall be allocated (to the extent practicable and otherwise consistent with this section and section 203) so that, except as provided in subsection (a)(4), the proportion of the visa numbers made available under each of paragraphs (1) through (4) of section 203(a) is equal to the ratio of the total number of visas made available under the respective paragraph to the total number of visas made available under section 203(a).. (c) Country-Specific offset Section 2 of the Chinese Student Protection Act of 1992 ( 8 U.S.C. 1255 note) is amended— (1) in subsection (a), by striking subsection (e) and inserting subsection (d) ; (2) by striking subsection (d); and (3) by redesignating subsection (e) as subsection (d). (d) Effective date The amendments made by this section shall apply to fiscal year 2024 and each subsequent fiscal year. 3404. Increased immigrant visas for other workers Section 203(b) of the Immigration and Nationality Act ( 8 U.S.C. 1153(b) ) is amended— (1) in paragraph (1) by striking 28.6 and inserting 23.55 ; (2) in paragraph (2)(A) by striking 28.6 and inserting 23.55 ; (3) in paragraph (3)— (A) in subparagraph (A), in the matter before clause (i), by striking 28.6 and inserting 41.2 ; and (B) in subparagraph (B), by striking 10,000 and inserting 40,000 ; (4) in paragraph (4), by striking 7.1 and inserting 5.85 ; and (5) in paragraph (5)(A), in the matter before clause (i), by striking 7.1 and inserting 5.85. 3405. Flexible adjustments to employment-based immigrant visa program Section 203(b) of the Immigration and Nationality Act ( 8 U.S.C. 1153(b) ), as amended by section 3404, is further amended by adding at the end the following: (7) Geographic and labor market adjustments The Secretary of Homeland Security, in consultation with the Secretary of Labor, may establish, by regulation, a procedure for temporarily limiting the admission of immigrants described in paragraphs (2) and (3) in geographic areas or labor market sectors that are experiencing high levels of unemployment.. 3406. Regional Economic Development Immigrant Visa Pilot Program (a) Pilot program for regional economic development visas Notwithstanding the numerical limitations in the Immigration and Nationality Act ( 8 U.S.C. 1101 et seq. ), the Secretary may establish a pilot program for the annual admission of not more than 10,000 admissible immigrants whose employment is essential to the economic development strategies of the cities or counties in which they will live or work. (b) Labor certification The requirements of section 212(a)(5) of the Immigration and Nationality Act ( 8 U.S.C. 1182(a)(5) ) shall apply to the pilot program authorized under this section. (c) Duration The Secretary shall determine the duration of the pilot program authorized under this section, which may not exceed 5 years. (d) Rulemaking The Secretary, in consultation with the Secretary of Labor, shall issue regulations to implement the pilot program authorized under this section. 3407. Wage-based consideration of temporary workers Section 212(p) is amended by adding at the end the following: (5) In determining the order in which visas shall be made available to nonimmigrants described in section 101(a)(15)(H)(i)(b), and to any other category of nonimmigrants deemed appropriate by the Secretary of Homeland Security, the Secretary of Homeland Security, in consultation with the Secretary of Labor, may issue regulations to establish procedures for prioritizing such visas based on the wages offered by employers.. 3408. Clarifying dual intent for postsecondary students (a) In general Section 101(a)(15)(F)(i) of the Immigration and Nationality Act ( 8 U.S.C. 1101(a)(15)(F)(i) ) is amended by striking an alien having a residence in a foreign country which he has no intention of abandoning, who is a bona fide student qualified to pursue a full course of study and who and inserting a noncitizen who is a bona fide student qualified to pursue a full course of study, who (except for a student qualified to pursue a full course of study at an institution of higher education) has a residence in a foreign country which the noncitizen has no intention of abandoning, and who. (b) Conforming amendments Section 214 of the Immigration and Nationality Act ( 8 U.S.C. 1184 ) is amended— (1) in subsection (b), by striking (other than a nonimmigrant and inserting (other than a nonimmigrant described in section 101(a)(15)(F) if the noncitizen is qualified to pursue a full course of study at an institution of higher education, other than a nonimmigrant ; and (2) in subsection (h), by inserting (F) (if the noncitizen is qualified to pursue a full course of study at an institution of higher education), before H(i)(b). 3409. H–4 visa reform (a) Protecting children with H–4 visas who age out of status (1) In general Section 214(g)(4) of the Immigration and Nationality Act ( 8 U.S.C. 1184(g)(4) ) is amended to read as follows: (4) (A) Except as provided in subparagraphs (B) and (C), the period of authorized admission of a nonimmigrant described in section 101(a)(15)(H)(i)(b) may not exceed 6 years. (B) The Secretary of Homeland Security may grant an extension of nonimmigrant status under section 101(a)(15)(H)(i)(b) to a nonimmigrant until such nonimmigrant’s application for adjustment of status has been processed if such nonimmigrant— (i) is the beneficiary of a petition filed under section 204(a) for a preference status under paragraph (1), (2), or (3) of section 203(b); and (ii) is eligible to be granted such status. (C) A child of a nonimmigrant described in subparagraph (B) who accompanied or followed to join such nonimmigrant may apply for and receive an extension of his or her nonimmigrant status regardless of age, if— (i) the nonimmigrant parent described in subparagraph (B) maintains his or her nonimmigrant status; and (ii) the child was younger than 18 years of age when he or she was first granted nonimmigrant status as a noncitizen accompanying or following to join such nonimmigrant parent.. (2) Conforming amendment Section 203(h) of the Immigration and Nationality Act ( 8 U.S.C. 1153(h) ) is amended by adding at the end the following: (5) H–4 visa holders Notwithstanding paragraph (1), a determination of whether a nonimmigrant described in section 214(g)(4)(C) satisfies the age requirement for purposes of a derivative visa or adjustment of status application under paragraph (1), (2), or (3) of section 203(b) shall be made using the age of the nonimmigrant on the date on which the petitioner files a petition on behalf of the parent beneficiary with the Secretary of Homeland Security (or the Secretary of State, if applicable), unless the filing of the petition was preceded by the filing of a labor certification with the Secretary of Labor, in which case that date shall be used to identify the age of such nonimmigrant.. (b) Work authorization for H–4 nonimmigrants Section 214 of the Immigration and Nationality Act ( 8 U.S.C. 1184 ), as amended by subsection (a)(1), is further amended by adding at the end the following: (s) Work authorization for H–4 nonimmigrants The Secretary of Homeland Security shall authorize a nonimmigrant spouse or child who is accompanying or following to join a nonimmigrant described in section 101(a)(15)(H)(i)(b) to engage in employment in the United States and shall provide such nonimmigrant spouse or child with an employment authorized endorsement or other appropriate work permit.. 3410. Extensions related to pending petitions Section 214 of the Immigration and Nationality Act ( 8 U.S.C. 1184 ), as amended by sections 1204(b), 3107(b), 3408(b), and 3409, is further amended by adding at the end the following: (t) Extension of status in cases of lengthy adjudications (1) Exemption from limitations Notwithstanding subsections (c)(2)(D), (g)(4), and (m)(1)(B)(i), the authorized stay of a noncitizen who was previously issued a visa or otherwise provided nonimmigrant status under subparagraph (F), (H)(i)(B), (L), or (O) of section 101(a)(15) may be extended pursuant to paragraph (2) if 365 days or more have elapsed since the filing of— (A) an application for labor certification under section 212(a)(5)(A) if certification is required or used by a noncitizen to obtain status under section 203(b); or (B) a petition described in section 204(b) to obtain immigrant status under section 203(b). (2) Extension of status The Secretary of Homeland Security shall extend the stay of a noncitizen who qualifies for an extension under paragraph (1) in 1-year increments until a final decision is made— (A) to deny the application described in paragraph (1)(A) or, in a case in which such application is granted, to deny a petition described in paragraph (1)(B) filed on behalf of the noncitizen pursuant to such grant; (B) to deny the petition described in paragraph (1)(B); or (C) to grant or deny the noncitizen’s application for an immigrant visa or adjustment of status to that of a noncitizen lawfully admitted for permanent residence. (3) Work authorization The Secretary of Homeland Security shall authorize any noncitizen whose stay is extended under this subsection to engage in employment in the United States and provide such noncitizen with an employment authorized endorsement or other appropriate work permit.. 3501. Definition of Foundation In this subtitle, the term Foundation means the United States Citizenship and Integration Foundation established under section 3502. 3502. United States Citizenship and Integration Foundation (a) Establishment The Secretary, acting through the Director of U.S. Citizenship and Immigration Services, shall establish a nonprofit corporation or a not-for-profit, public benefit, or similar entity, which shall be known as the United States Citizenship and Integration Foundation. (b) Gifts to Foundation To carry out the purposes set forth in subsection (c), the Foundation may— (1) solicit, accept, and make gifts of money and other property in accordance with section 501(c)(3) of the Internal Revenue Code of 1986; (2) engage in coordinated work with the Department of Homeland Security, including U.S. Citizenship and Immigration Services; and (3) accept, hold, administer, invest, and spend any gift, devise, or bequest of real or personal property made to the Foundation. (c) Purposes The purposes of the Foundation are— (1) to spur innovation in the promotion and expansion of citizenship preparation programs for lawful permanent residents; (2) to evaluate and identify best practices in citizenship promotion and preparation and to make recommendations to the Secretary about how to bring such best practices to scale; (3) to support direct assistance for noncitizens seeking lawful permanent resident status or naturalization as a United States citizen; and (4) to coordinate immigrant integration with State and local entities. (d) Activities The Foundation shall carry out the purposes described in subsection (c) by— (1) making United States citizenship instruction and naturalization application services accessible to low-income and other underserved lawful permanent resident populations; (2) developing, identifying, and sharing best practices in United States citizenship promotion and preparation; (3) supporting innovative and creative solutions to barriers faced by noncitizens seeking naturalization; (4) increasing the use of, and access to, technology in United States citizenship preparation programs; (5) engaging communities receiving immigrants in the United States citizenship and civic integration process; (6) fostering public education and awareness; (7) coordinating the immigrant integration efforts of the Foundation with such efforts of U.S. Citizenship and Immigration Services; and (8) awarding grants to State and local governments under section 3503. (e) Council of directors (1) Members To the extent consistent with section 501(c)(3) of the Internal Revenue Code of 1986, the Foundation shall have a council of directors (referred to in this section as the Council ), which shall be composed of— (A) the Director of U.S. Citizenship and Immigration Services; and (B) 10 individuals appointed by the Director of U.S. Citizenship and Immigration Services. (2) Qualifications In appointing individuals under paragraph (1)(B), the Director of U.S. Citizenship and Immigration Services shall consider individuals with experience in national private and public nonprofit organizations that promote and assist lawful permanent residents with naturalization. (3) Terms A member of the Council described in paragraph (1)(B) shall be appointed for a term of 4 years, except that, of the members first appointed, 5 members shall be appointed for a term of 2 years, which may be followed by renewable 4-year terms. (f) Executive director (1) In general The Council shall, by majority vote, appoint for 6-year renewable terms an executive director of the Foundation, who shall oversee the day-to-day operations of the Foundation. (2) Responsibilities The executive director shall carry out the purposes described in subsection (c) on behalf of the Foundation by— (A) accepting, holding, administering, investing, and spending any gift, devise, or bequest of real or personal property made to the Foundation; (B) entering into contracts and other financial assistance agreements with individuals, public or private organizations, professional societies, and government agencies to carry out the purposes of the Foundation; (C) entering into such other contracts, leases, cooperative agreements, and other transactions as the executive director considers appropriate to carry out the activities of the Foundation; and (D) charging such fees for professional services furnished by the Foundation as the executive director considers reasonable and appropriate. (g) Timeline The Foundation shall be established and operational not later than 1 year after the date of the enactment of this Act. 3503. Pilot program to promote immigrant integration at State and local levels (a) Grants authorized The Chief of the Office of Citizenship of U.S. Citizenship and Immigration Services (referred to in this section as the Chief ) shall establish a pilot program through which the Chief may award grants, on a competitive basis, to States and local governments and other qualifying entities in collaboration with States and local governments— (1) to establish new immigrant councils to carry out programs to integrate new immigrants; and (2) to carry out programs to integrate new immigrants. (b) Qualifying entities Qualifying entities under this section may include— (1) an educational institution; (2) a private organization; (3) a community-based organization; or (4) a nonprofit organization. (c) Application A State or local government, or other qualifying entity in collaboration with a State or local government, seeking a grant under this section shall submit an application to the Chief at such time, in such manner, and containing such information as the Chief may reasonably require, including— (1) a proposal to carry out 1 or more activities described in subsection (d)(3); (2) the estimated number of new immigrants residing in the geographic area of the applicant; and (3) a description of the challenges in introducing and integrating new immigrants into the State or local community. (d) Activities A grant awarded under this subsection shall be used— (1) to form a new immigrant council, which shall— (A) consist of not fewer than 15 individuals and not more than 19 representatives of the State or local government or qualifying organization, as applicable; (B) include, to the extent practicable, representatives from— (i) business; (ii) faith-based organizations; (iii) civic organizations; (iv) philanthropic organizations; (v) nonprofit organizations, including nonprofit organizations with legal and advocacy experience working with immigrant communities; (vi) key education stakeholders, such as State educational agencies, local educational agencies (as defined in section 8101 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7801 )), community colleges, and teachers; (vii) State adult education offices; (viii) State or local public libraries; and (ix) State or local governments; and (C) meet not less frequently than quarterly; (2) to provide subgrants to local communities, city governments, municipalities, nonprofit organizations (including veterans’ and patriotic organizations), or other qualifying entities; (3) to develop, implement, expand, or enhance a comprehensive plan to introduce and integrate new immigrants into the applicable State by— (A) improving English language skills; (B) engaging caretakers with limited English proficiency in their child’s education through interactive parent and child literacy activities; (C) improving and expanding access to workforce training programs; (D) teaching United States history, civics education, and citizenship rights and responsibilities; (E) promoting an understanding of the form of government and history of the United States and the principles of the Constitution of the United States; (F) improving financial literacy; and (G) focusing on other key areas of importance to integration in United States society; and (4) to engage communities receiving immigrants in the citizenship and civic integration process by— (A) increasing local service capacity; (B) building meaningful connections between new immigrants and long-time residents; (C) communicating the contributions of communities receiving new immigrants; and (D) engaging leaders from all sectors of the community. (e) Reporting and evaluation (1) Annual report Not less frequently than annually, each recipient of a grant under this section shall submit to the Chief a report that describes, for the preceding calendar year— (A) the activities undertaken by the grant recipient, including the manner in which such activities meet the goals of the Foundation and the comprehensive plan referred to in subsection (d)(3); (B) the geographic area being served; (C) the estimated number of immigrants in such area; and (D) the primary languages spoken in such area. (2) Annual evaluation Not less frequently than annually, the Chief shall conduct an evaluation of the grant program under this section— (A) to assess and improve the effectiveness of the grant program; (B) to assess the future needs of immigrants and of State and local governments with respect to immigrants; and (C) to ensure that grantees, recipients, and subgrantees are acting within the scope and purpose of this section. 3504. English as a Gateway to Integration grant program (a) Authorization The Assistant Secretary for Career, Technical, and Adult Education in the Department of Education (referred to in this section as the Assistant Secretary ) shall award English as a Gateway to Integration grants to eligible entities. (b) Eligibility An entity eligible to receive a grant under this section is a State or unit of local government, a private organization, an educational institution, a community-based organization, or a nonprofit organization that— (1) in the case of any applicant that has previously received a grant under this section, uses matching funds from non-Federal sources, which may include in-kind contributions, equal to 25 percent of the amount received from the English as a Gateway to Integration program to carry out such program; (2) submits to the Assistant Secretary an application at such time, in such manner, and containing such information as the Assistant Secretary may reasonably require, including— (A) a description of the target population to be served, including demographics, literacy levels, and English language levels of the target population; and (B) the assessment and performance measures that the grant recipient plans to use to evaluate the English language learning progress of students and overall success of the instruction and program; (3) demonstrates collaboration with public and private entities to provide the instruction and assistance described in subsection (c)(1); (4) provides English language programs that— (A) teach English language skills to limited English proficient (LEP) individuals who— (i) have less than a United States high school diploma; or (ii) are parents who are caretakers of young children; (B) support and promote the social, economic, and civic integration of adult English language learners and their families; (C) equip adult English language learners for ongoing, independent study and learning beyond the classroom or formal instruction; and (D) incorporate the use of technology to help students develop digital literacy skills; and (5) is located in— (A) 1 of the 10 States with the highest rate of foreign-born residents; or (B) a State that has experienced a large increase in the population of immigrants during the most recent 10-year period, based on data compiled by the Office of Immigration Statistics or the Census Bureau. (c) Use of funds (1) In general Funds awarded under this section shall be used to provide English language instruction to adult English language learners. Such instruction shall advance the integration of students to help them— (A) build their knowledge of United States history and civics; (B) prepare for United States citizenship and the naturalization process; (C) gain digital literacy; (D) understand and navigate the early childhood, K–12, and postsecondary education systems; (E) gain financial literacy; (F) build an understanding of the housing market and systems in the United States; (G) learn about and access the United States, State, and local health care systems; (H) prepare for a high school equivalency diploma or postsecondary training or education; and (I) prepare for and secure employment. (2) Design of program Funds awarded under this section shall be used to support an instructional program that may include the following elements: (A) English language instruction in a classroom setting, provided that such setting is in a geographic location accessible to the population served. (B) Online English language instruction and distance learning platforms. (C) Educational support and specialized instruction for English language learners with low levels of literacy in their first language. (D) Other online and digital components, including the use of mobile phones. (d) Certification To receive a payment under this section, a participating entity shall submit to the Assistant Secretary a certification that the proposed uses of grant funds by the entity are consistent with this section and meet all necessary criteria determined by the Assistant Secretary. (e) Annual report and evaluation Not later than 90 days after the end of each fiscal year for which an entity receives grant funds under this section, the entity shall submit to the Assistant Secretary the following: (1) A report that describes— (A) the activities undertaken by the entity that were funded entirely or partially by the grant funds; (B) the geographic area served by the grant funds; (C) the number of immigrants in such area; (D) the primary languages spoken in such area; (E) the number of adult English language learners receiving assistance that was funded entirely or partially by grant funds received by the entity; and (F) a breakdown of the costs of the instruction services provided and the average per capita cost of providing such instruction. (2) An evaluation of any program of the entity using grant funds under this section, including— (A) an assessment of— (i) the effectiveness of such program and recommendations for improving the program; and (ii) whether the English language instruction needs of the geographic area served have been met; and (B) in the case of an assessment under subparagraph (A)(ii) that such needs have not been met, a description of the additional assistance required to meet such needs. (f) Definitions In this section: (1) Adult English language learner The term adult English language learner refers to an individual age 16 years and older who is not enrolled in secondary school and who is limited English proficient. (2) English language learner; limited English proficient The terms English language learner and limited English proficient describe an individual who does not speak English as their primary language and who has a limited ability to read, speak, write, or understand English. (3) State The term State means each of the several States, the District of Columbia, the Commonwealth of Puerto Rico, the United States Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands. (g) Authorization of appropriations There is authorized to be appropriated to carry out this section $100,000,000 for fiscal years 2024 through 2025. 3505. Workforce Development and Shared Prosperity grant program (a) Declaration of policy It is the policy of the United States— (1) that adults have adequate and equitable access to education and workforce programs that— (A) help them learn basic skills in reading, writing, mathematics, and the English language; and (B) equip them with occupational skills needed to secure or advance in employment, fill employer needs, and support themselves and their families; (2) that helping adults with limited skills to attain industry-recognized postsecondary credentials strengthens the economy; and (3) that workforce programs for adults with limited skills should incorporate an integrated education and training approach that allows adults to acquire basic skills while pursuing occupational or industry-specific training. (b) Authorization The Assistant Secretary for Career, Technical, and Adult Education at the Department of Education (referred to in this section as the Assistant Secretary ) shall award Workforce Development and Shared Prosperity grants, on a competitive basis, to States or local governments, or other qualifying entities described in subsection (c) in collaboration with States and local governments. (c) Qualifying entities Qualifying entities under this section may include— (1) an educational institution; (2) a private organization; (3) a community-based organization; or (4) a nonprofit organization. (d) Eligibility A State or local government, or a qualifying entity in collaboration with a State or local government, is eligible to receive a grant under this section provided that the State or local government or entity— (1) supports and promotes the economic integration of immigrants and refugees and their families; (2) has expertise in workforce development and adult education for the purpose of developing and implementing State or local programs of integrated education and training; (3) in carrying out the grant program, has, or collaborates with at least 1 entity that has— (A) expertise in workforce development for immigrants and refugees; and (B) expertise in adult education of immigrants and refugees; (4) uses matching funds from non-Federal sources, which may include in-kind contributions, equal to 25 percent of the amount received from the Workforce Development and Shared Prosperity grant program; and (5) submits to the Assistant Secretary an application at such time, in such manner, and containing such information as the Assistant Secretary may reasonably require, including— (A) a description of the target population to be served, including demographics, English language levels, educational levels, and skill levels; (B) the specific integrated education and training instructional model to be implemented; (C) how the program will be designed and implemented by educators with expertise in adult education, English language instruction, and occupational skills training; (D) how the program will prepare students to receive a high school equivalency credential; (E) how the program will prepare students to receive a postsecondary credential; (F) the occupations or industries for which the program will prepare students for employment; (G) evidence of employer demand for the skills or occupational training offered by the grant program; (H) the extent to which the program reduces the time required for students to acquire English and workforce skills; (I) how the program will increase digital literacy skills; (J) how the program will provide student support services, including guidance counseling, so as to promote student success; and (K) the assessment and performance measures that the grant recipient plans to use to evaluate— (i) the progress of adult learners in acquiring basic skills such as reading, writing, mathematics, and the English language; and (ii) the success of the grant program in preparing students for employment and in helping them find employment or advance in employment. (e) Certification To receive a payment under this section, a participating entity shall submit to the Assistant Secretary a certification that the proposed uses of grant funds by the entity are consistent with this section and meet all necessary criteria determined by the Assistant Secretary. (f) Technical assistance The Assistant Secretary shall provide technical assistance to adult education providers on how to provide integrated education and training. (g) Annual report and evaluation Not later than 90 days after the end of each fiscal year for which an entity receives grant funds under this section, the entity shall submit to the Assistant Secretary the following: (1) A report that describes— (A) the activities undertaken by the entity that were funded entirely or partially by the grant funds; (B) the geographic area served by the grant funds; (C) the number of immigrants in such area; (D) the primary languages spoken in such area; and (E) a breakdown of the costs of each of the services provided and the average per capita cost of providing such services. (2) An evaluation of any program of the entity using grant funds under this section, including— (A) an assessment of— (i) the effectiveness of such program and recommendations for improving the program; and (ii) whether the adult education and workforce development needs of the geographic area served have been met; and (B) in the case of an assessment under subparagraph (A)(ii) that such needs have not been met, a description of the additional assistance required to meet such needs. (h) Definitions In this section: (1) Adult education The term adult education means academic instruction and education services below the postsecondary level that increase an individual’s ability to read, write, speak, and understand English and perform mathematical or other activities necessary to attain a secondary school diploma or its recognized equivalent, to transition to postsecondary education and training, or to obtain employment. (2) Integrated education and training The term integrated education and training means instruction that provides adult education, literacy, and English language activities concurrently and contextually with workforce preparation activities and workforce training for a specific occupation or occupational cluster for the purpose of educational and career advancement. (3) State The term State means each of the several States, the District of Columbia, the Commonwealth of Puerto Rico, the United States Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands. (i) Authorization of appropriations There is authorized to be appropriated to carry out this section $100,000,000 for fiscal years 2024 through 2025. 3506. Existing citizenship education grants (a) In general There is authorized to be appropriated to the Secretary not less than $25,000,000 for the purpose of awarding grants to public or private nonprofit entities for citizenship education and training (as described in number 97.010 of the Catalog of Federal Domestic Assistance), to remain available until expended. (b) Consideration of grant recipients With respect to grants administered and awarded to public or private nonprofit organizations by the Secretary, unless otherwise required by law, in making determinations about such grants, the Secretary may not consider an entity's enrollment in or use of the E-Verify Program described in section 403(a) of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 ( 8 U.S.C. 1324a note). 3507. Grant program to assist eligible applicants (a) Establishment The Secretary shall establish, within U.S. Citizenship and Immigration Services, a program to award grants, on a competitive basis, to eligible nonprofit organizations to carry out a program described in subsection (c) for the purpose of assisting applicants for status under sections 245B, 245C, 245D, 245E, and 245F of the Immigration and Nationality Act. (b) Eligible nonprofit organization A nonprofit organization eligible to receive a grant under this section is a nonprofit tax-exempt organization, including a community, faith-based, or other immigrant-serving organization, the staff of which has demonstrated qualifications, experience, and expertise in providing quality services to immigrants, refugees, noncitizens granted asylum, or noncitizens applying for such statuses. (c) Use of funds Grant funds awarded under this section may be used for the design and implementation of programs that provide— (1) information to the public relating to eligibility for and benefits of lawful prospective immigrant status under section 245B of the Immigration and Nationality Act, particularly to individuals who may be eligible for such status; (2) assistance, within the scope of authorized practice of immigration law, to individuals in submitting applications for lawful prospective immigrant status, including— (A) screening prospective applicants to assess eligibility for such status; (B) completing applications and petitions, including providing assistance in obtaining the requisite documents and supporting evidence; (C) applying for any waivers for which applicants and qualifying family members may be eligible; and (D) providing any other assistance that the Secretary or grantees consider useful or necessary in applying for lawful prospective immigrant status; (3) assistance, within the scope of authorized practice of immigration law, to individuals seeking to adjust their status to that of a lawful permanent resident under section 245C, 245D, 245E, or 245F of the Immigration and Nationality Act; (4) instruction to individuals with respect to— (A) the rights and responsibilities of United States citizenship; and (B) civics and civics-based English as a second language; and (5) assistance, within the scope of authorized practice of immigration law, to individuals seeking to apply for United States citizenship. (d) Source of grant funds To carry out this section, the Secretary may use not more than $50,000,000 from the Immigration Examinations Fee Account pursuant to section 286(m) of the Immigration and Nationality Act (U.S.C. 1356(m)). (e) Availability of appropriations Any amounts appropriated to carry out this section shall remain available until expended. 3508. Study on factors affecting employment opportunities for immigrants and refugees with professional credentials obtained in foreign countries (a) In general The Secretary of Labor, in coordination with the Secretary of State, the Secretary of Education, the Secretary of Health and Human Services, the Secretary of Commerce, the Secretary, the Administrator of the Internal Revenue Service, and the Commissioner of the Social Security Administration, shall conduct a study on the factors affecting employment opportunities in the United States for applicable immigrants and refugees with professional credentials obtained in countries other than the United States. (b) Elements The study required by subsection (a) shall include the following: (1) An analysis of the employment history of applicable immigrants and refugees admitted to the United States during the most recent 5-year period for which data are available at the time of the study, including, to the extent practicable— (A) an analysis of the employment held by applicable immigrants and refugees before immigrating to the United States as compared to the employment obtained in the United States, if any, since the arrival of such applicable immigrants and refugees; and (B) a consideration of the occupational and professional credentials and academic degrees held by applicable immigrants and refugees before immigrating to the United States. (2) An assessment of any barrier that prevents applicable immigrants and refugees from using occupational experience obtained outside the United States to obtain employment in the United States. (3) An analysis of existing public and private resources available to assist applicable immigrants and refugees who have professional experience and qualifications obtained outside the United States in using such professional experience and qualifications to obtain skills-appropriate employment opportunities in the United States. (4) Policy recommendations for better enabling applicable immigrants and refugees who have professional experience and qualifications obtained outside the United States to use such professional experience and qualifications to obtain skills-appropriate employment opportunities in the United States. (c) Collaboration with nonprofit organizations and State agencies In conducting the study required by subsection (a), the Secretary of Labor shall seek to collaborate with relevant nonprofit organizations and State agencies to use the existing data and resources of such entities. (d) Applicable immigrants and refugees In this section, the term applicable immigrants and refugees means— (1) noncitizens who are lawfully present and authorized to be employed in the United States; and (2) citizens of the United States born outside the United States and its outlying possessions. 3509. In-State tuition rates for refugees, asylees, and certain special immigrants (a) In general The Higher Education Act of 1965 ( 20 U.S.C. 1001 et seq. ) is amended by inserting after section 135 the following: 135A. In-State tuition rates for refugees, asylees, and certain special immigrants (a) Requirement In the case of a noncitizen described in subsection (b) whose domicile is in a State that receives assistance under this Act, such State shall not charge such noncitizen tuition for attendance at a public institution of higher education in the State at a rate that is greater than the rate charged for residents of the State. (b) Noncitizen described A noncitizen is described in this subsection if the noncitizen was granted— (1) refugee status and admitted to the United States under section 207 of the Immigration and Nationality Act ( 8 U.S.C. 1157 ); (2) asylum under section 208 of such Act ( 8 U.S.C. 1158 ); or (3) special immigrant status under section 101(a)(27) of such Act ( 8 U.S.C. 1101(a)(27) ) pursuant to— (A) section 1244 of the National Defense Authorization Act for Fiscal Year 2008 ( 8 U.S.C. 1157 note); (B) section 1059 of the National Defense Authorization Act for Fiscal Year 2006 ( 8 U.S.C. 1101 note); or (C) section 602 of the Afghan Allies Protection Act of 2009 ( 8 U.S.C. 1101 note). (c) Limitations The requirement under subsection (a) shall apply with respect to a noncitizen only until the noncitizen has established residency in the State, and only with respect to the first State in which the noncitizen was first domiciled after being admitted into the United States as a refugee or special immigrant or being granted asylum. (d) Effective date This section shall take effect at each public institution of higher education in a State that receives assistance under this Act for the first period of enrollment at such institution that begins after January 1, 2023.. (b) Conforming amendment The table of contents for the Higher Education Act of 1965 ( 20 U.S.C. 1001 et seq. ) is amended by inserting after the item relating to section 135 the following: Sec. 135A. In-State tuition rates for refugees, asylees, and certain special immigrants.. 135A. In-State tuition rates for refugees, asylees, and certain special immigrants (a) Requirement In the case of a noncitizen described in subsection (b) whose domicile is in a State that receives assistance under this Act, such State shall not charge such noncitizen tuition for attendance at a public institution of higher education in the State at a rate that is greater than the rate charged for residents of the State. (b) Noncitizen described A noncitizen is described in this subsection if the noncitizen was granted— (1) refugee status and admitted to the United States under section 207 of the Immigration and Nationality Act ( 8 U.S.C. 1157 ); (2) asylum under section 208 of such Act ( 8 U.S.C. 1158 ); or (3) special immigrant status under section 101(a)(27) of such Act ( 8 U.S.C. 1101(a)(27) ) pursuant to— (A) section 1244 of the National Defense Authorization Act for Fiscal Year 2008 ( 8 U.S.C. 1157 note); (B) section 1059 of the National Defense Authorization Act for Fiscal Year 2006 ( 8 U.S.C. 1101 note); or (C) section 602 of the Afghan Allies Protection Act of 2009 ( 8 U.S.C. 1101 note). (c) Limitations The requirement under subsection (a) shall apply with respect to a noncitizen only until the noncitizen has established residency in the State, and only with respect to the first State in which the noncitizen was first domiciled after being admitted into the United States as a refugee or special immigrant or being granted asylum. (d) Effective date This section shall take effect at each public institution of higher education in a State that receives assistance under this Act for the first period of enrollment at such institution that begins after January 1, 2023. 3510. Waiver of English requirement for senior new Americans Section 312 ( 8 U.S.C. 1423 ) is amended by striking subsection (b) and inserting the following: (b) The requirements under subsection (a) shall not apply to any person who— (1) is unable to comply with such requirements because of physical or mental disability, including developmental or intellectual disability; or (2) on the date on which the person’s application for naturalization is submitted under section 334— (A) is older than 65 years of age; and (B) has been living in the United States for 1 or more periods totaling not less than 5 years after being lawfully admitted for permanent residence. (c) The requirement under subsection (a)(1) shall not apply to any person who, on the date on which the person’s application for naturalization is submitted under section 334— (1) is older than 50 years of age and has been living in the United States for 1 or more periods totaling not less than 20 years after being lawfully admitted for permanent residence; (2) is older than 55 years of age and has been living in the United States for 1 or more periods totaling not less than 15 years after being lawfully admitted for permanent residence; or (3) is older than 60 years of age and has been living in the United States for 1 or more periods totaling not less than 10 years after being lawfully admitted for permanent residence. (d) The Secretary of Homeland Security may waive, on a case-by-case basis, the requirement under subsection (a)(2) for any person who, on the date on which the person’s application for naturalization is submitted under section 334— (1) is older than 60 years of age; and (2) has been living in the United States for 1 or more periods totaling not less than 10 years after being lawfully admitted for permanent residence.. 3511. Naturalization for certain United States high school graduates (a) In general Title III of the Immigration and Nationality Act ( 8 U.S.C. 1401 et seq. ) is amended by inserting after section 320 the following: 321. Citizenship for certain United States high school graduates (a) Requirements considered satisfied In the case of a noncitizen described in subsection (b), the noncitizen shall be considered to have satisfied the requirements of section 312(a). (b) Noncitizen described A noncitizen is described in this subsection if the noncitizen submits an application for naturalization under section 334 that contains the following: (1) Transcripts from public or private schools in the United States that demonstrate the following: (A) The noncitizen completed grades 9 through 12 in the United States and graduated with a high school diploma. (B) The noncitizen completed a curriculum that reflects knowledge of United States history, government, and civics. (2) A copy of the noncitizen’s high school diploma.. (b) Clerical amendment The table of contents for the Immigration and Nationality Act ( 8 U.S.C. 1101 et seq. ) is amended by inserting after the item relating to section 320 the following: Sec. 321. Citizenship for certain United States high school graduates.. (c) Applicability The amendments made by this section shall take effect on the date of the enactment of this Act and shall apply to applicants for naturalization who apply for naturalization on or after such date. (d) Regulations Not later than 180 days after the date of the enactment of this Act, the Secretary shall promulgate regulations to carry out this section and the amendments made by this section. 321. Citizenship for certain United States high school graduates (a) Requirements considered satisfied In the case of a noncitizen described in subsection (b), the noncitizen shall be considered to have satisfied the requirements of section 312(a). (b) Noncitizen described A noncitizen is described in this subsection if the noncitizen submits an application for naturalization under section 334 that contains the following: (1) Transcripts from public or private schools in the United States that demonstrate the following: (A) The noncitizen completed grades 9 through 12 in the United States and graduated with a high school diploma. (B) The noncitizen completed a curriculum that reflects knowledge of United States history, government, and civics. (2) A copy of the noncitizen’s high school diploma. 3512. Naturalization ceremonies (a) In general The Chief of the Office of Citizenship of U.S. Citizenship and Immigration Services, in consultation with the Director of the National Park Service, the Archivist of the United States, and other appropriate Federal officials, shall develop and implement a strategy to enhance public awareness of naturalization ceremonies. (b) Venues In developing the strategy under subsection (a), the Chief of the Office of Citizenship of U.S. Citizenship and Immigration Services shall consider the use of outstanding and historic locations as venues for select naturalization ceremonies. 3513. National citizenship promotion program (a) Establishment Not later than 1 year after the date of the enactment of this Act, the Secretary shall establish a program to promote United States citizenship. (b) Activities As part of the program required by subsection (a), the Secretary shall carry out outreach activities in accordance with subsection (c). (c) Outreach The Secretary shall— (1) develop outreach materials targeted to noncitizens who have been lawfully admitted for permanent residence to encourage such noncitizens to apply to become citizens of the United States; (2) make such outreach materials available through— (A) public service announcements; (B) advertisements; and (C) such other media as the Secretary considers appropriate; and (3) conduct outreach activities targeted to noncitizens eligible to apply for naturalization, including communication by text, email, and the United States Postal Service, that provides, on paper or in electronic form— (A) notice that the individual is possibly eligible to apply for naturalization; (B) information about the requirements of United States citizenship; (C) information about the benefits of United States citizenship; (D) a pre-filled naturalization application containing the data the agency already has about the individual; (E) instructions on how to complete the application; and (F) resources for free or low-cost assistance with applying for naturalization and preparing for the English and civics exams. 3514. Authorization of appropriations for Foundation and pilot program (a) In general There are authorized to be appropriated for the first 2 fiscal years after the date of the enactment of this Act such sums as may be necessary to establish the Foundation and carry out the pilot program under section 3502. (b) Use of funds Amounts appropriated to establish the Foundation and carry out the pilot program under section 3502 may be invested, and any amounts resulting from such investments shall remain available for the operations of the Foundation and the pilot program without further appropriation. 4101. Expanding alternatives to detention (a) Family case management program The Secretary shall— (1) expand the use of the family case management program (described in section 218 of the Department of Homeland Security Appropriations Act, 2020 ( 8 U.S.C. 1378a )) for apprehended noncitizens who are members of family units arriving in the United States; and (2) develop additional community-based programs to increase the number of enrollees in the alternatives to detention program. (b) Nonprofit entity contracting partner The Secretary shall contract with qualified nonprofit entities for the operation of the alternatives to detention program, including the family case management program and other community-based programs described in subsection (a). (c) Legal orientation The Secretary shall ensure that enrollees in the alternatives to detention program, including the family case management program and other community-based programs described in subsection (a), are provided a legal orientation consistent with the program elements described in section 4105(a)(2). 4102. Eliminating immigration court backlogs (a) Addressing immigration judge shortages The Attorney General shall increase the total number of immigration judges by not fewer than 55 judges during each of fiscal years 2025, 2026, 2027, and 2028. (b) Qualifications and selection The Attorney General shall— (1) ensure that all newly hired immigration judges and members of the Board of Immigration Appeals are— (A) highly qualified experts on immigration law; and (B) trained to conduct fair, impartial adjudications in accordance with applicable due process requirements; and (2) with respect to immigration judges and members of the Board of Immigration Appeals, to the extent practicable, strive to achieve an equal numerical balance in the hiring of candidates with Government experience in immigration and candidates with sufficient knowledge or experience in immigration in the private sector, including nonprofit, private bar, or academic experience. (c) Addressing support staff shortages Subject to the availability of funds made available in advance in appropriations Acts, the Attorney General shall ensure that each immigration judge has sufficient support staff, adequate technological and security resources, and appropriate courtroom facilities. (d) Additional Board of Immigration Appeals personnel The Attorney General shall increase the number of Board of Immigration Appeals staff attorneys (including necessary additional support staff) to efficiently process cases by not fewer than 23 attorneys during each of fiscal years 2025, 2026, and 2027. (e) GAO report The Comptroller General of the United States shall— (1) conduct a study of the impediments to efficient hiring of immigration court judges within the Department of Justice; and (2) propose solutions to Congress for improving the efficiency of the hiring process. 4103. Improved training for immigration judges and members of the Board of Immigration Appeals (a) In general To ensure efficient and fair proceedings, the Director of the Executive Office for Immigration Review shall establish or expand, as applicable, training programs for immigration judges and members of the Board of Immigration Appeals. (b) Mandatory training Training referred to under subsection (a) shall include the following: (1) Expansion of the training program for new immigration judges and members of the Board of Immigration Appeals to include age sensitivity, gender sensitivity, and trauma sensitivity. (2) Continuing education regarding current developments in immigration law, including through regularly available training resources and an annual conference. (3) Training on properly crafting and dictating decisions and standards of review, including improved on-bench reference materials and decision templates. 4104. New technology to improve court efficiency The Director of the Executive Office for Immigration Review shall modernize its case management, video-teleconferencing, digital audio recording, and related electronic and computer-based systems, including by allowing for electronic filing, to improve efficiency in the processing of immigration proceedings. 4105. Court appearance compliance and legal orientation (a) Access to legal orientation programs To ensure court appearance compliance (1) In general The Secretary, in consultation with the Attorney General, shall establish procedures to ensure that legal orientation programs are available for all noncitizens detained by the Secretary. (2) Program elements Programs under paragraph (1) shall provide information to noncitizens regarding the following: (A) The basic procedures of immigration hearings. (B) The rights and obligations of noncitizens relating to immigration hearings, including the consequences of filing frivolous legal claims and of failing to appear for proceedings. (C) Legal protections available to noncitizens and the procedures for requesting such protections. (D) Legal resources available to noncitizens and lists of potential legal services providers. (E) Any other subject the Attorney General considers necessary and appropriate. (3) Eligibility A noncitizen shall be given access to legal orientation programs under this subsection regardless of the noncitizen’s current immigration status, prior immigration history, or potential for immigration relief. (b) Expansion of the information help desk program for nondetained noncitizens in removal proceedings The Attorney General shall expand the information help desk program to all immigration courts so as to provide noncitizens who are not detained and who have pending asylum claims access to information relating to their immigration status. 4106. Improving court efficiency and reducing costs by increasing access to legal information (a) Appointment of counsel in certain cases; right To review certain documents in removal proceedings Section 240(b) of the Immigration and Nationality Act ( 8 U.S.C. 1229a(b) ) is amended— (1) in paragraph (4)— (A) in subparagraph (A)— (i) by striking , at no expense to the Government, ; and (ii) by striking the comma at the end and inserting a semicolon; (B) by redesignating subparagraphs (B) and (C) as subparagraphs (D) and (E), respectively; (C) by inserting after subparagraph (A) the following: (B) the Attorney General may appoint or provide counsel, at Government expense, to noncitizens in immigration proceedings; (C) at the beginning of the proceedings or as expeditiously as possible thereafter, a noncitizen shall receive a complete copy of all relevant documents in the possession of the Department of Homeland Security, including all documents (other than documents protected from disclosure by privilege, including national security information referred to in subparagraph (D), law enforcement-sensitive information, and information prohibited from disclosure pursuant to any other provision of law) contained in the file maintained by the Government, including information with respect to all transactions involving the noncitizen during the immigration process (commonly referred to as an A-file ) and all documents pertaining to the noncitizen that the Department of Homeland Security has obtained or received from other government agencies, unless the noncitizen waives the right to receive such documents by executing a knowing and voluntary written waiver in a language that he or she understands; ; and (D) in subparagraph (D), as redesignated, by striking , and and inserting ; and ; and (2) by adding at the end the following: (8) Failure to provide noncitizen required documents In the absence of a written waiver under paragraph (4)(C), a removal proceeding may not proceed until the noncitizen— (A) has received the documents as required under such paragraph; and (B) has been provided meaningful time to review and assess such documents.. (b) Right to counsel (1) In general Section 292 of the Immigration and Nationality Act ( 8 U.S.C. 1362 ) is amended to read as follows: 292. Right to counsel (a) In general In any proceeding conducted under section 235, 236, 238, 240, 241, or any other section of this Act, and in any appeal proceedings before the Attorney General from any such proceedings, the noncitizen concerned shall have the privilege of being represented by such counsel authorized to practice in such proceedings, as the noncitizen shall choose. (b) Access to counsel (1) In general The Attorney General may appoint or provide counsel to a noncitizen in any proceeding conducted under section 235, 236, 238, 240, or 241 or any other section of this Act. (2) Detention and border facilities The Secretary of Homeland Security shall ensure that noncitizens have access to counsel inside all immigration detention and border facilities. (c) Children and vulnerable individuals Notwithstanding subsection (b), at the beginning of proceedings or as expeditiously as possible, the Attorney General shall appoint, at the expense of the Government, counsel to represent any noncitizen financially unable to obtain adequate representation in such proceedings, including any noncitizen who has been determined by the Secretary of Homeland Security or the Attorney General to be— (1) a child; (2) a particularly vulnerable individual, including— (A) a person with a disability; (B) a victim of abuse, torture, or violence; and (C) a pregnant or lactating woman; or (3) the parent of a United States citizen minor. (d) Extension to consolidated cases If the Attorney General has consolidated the case of any noncitizen for whom counsel was appointed under subsection (c) with that of any other noncitizen, and such other noncitizen does not have counsel, the counsel appointed under subsection (c) shall be appointed to represent such other noncitizen unless there is a demonstrated conflict of interest.. (2) Rulemaking Not later than 180 days after the date of enactment of this Act, the Attorney General shall promulgate regulations to implement subsection (c) of section 292 of the Immigration and Nationality Act, as added by paragraph (1). (c) Immigration Counsel Fund (1) In general Chapter 9 of title II of the Immigration and Nationality Act ( 8 U.S.C. 1351 et seq. ) is amended by adding at the end the following: 295. Immigration Counsel Fund (a) In general There is established in the general fund of the Treasury a separate account to be known as the Immigration Counsel Fund. (b) Deposits Notwithstanding any other provision of this Act, there shall be deposited as offsetting receipts into the Immigration Counsel Account all surcharges collected under subsection (c) for the purpose of providing access to counsel as required or authorized under this Act, to remain available until expended. (c) Surcharge In any case in which a fee is charged pursuant to the immigration laws, a surcharge of $25 shall be imposed and collected. (d) Report Not later than 2 years after the date of the enactment of this section, and biennially thereafter, the Secretary of Homeland Security shall submit to Congress a report on the status of the Immigration Counsel Account, including— (1) the balance in the Immigration Counsel Account; and (2) any recommendation with respect to modifications to the surcharge under subsection (c) necessary to ensure that the receipts collected for the subsequent 2 years equal, as closely as possible, the cost of providing access to counsel as required or authorized under this Act.. (2) Table of contents The table of contents for the Immigration and Nationality Act ( 8 U.S.C. 1101 et seq. ) is amended by inserting after the item relating to section 294 the following: Sec. 295. Immigration Counsel Fund.. (d) Motions To reopen Section 240(c)(7)(C) of the Immigration and Nationality Act ( 8 U.S.C. 1229a(c)(7)(C) ) is amended by adding at the end the following: (v) Special rule for children and other vulnerable noncitizens If the Attorney General fails to appoint counsel for a noncitizen in violation of section 292(c)— (I) no limitation under this paragraph with respect to the filing of any motion to reopen shall apply to the noncitizen; and (II) the filing of a motion to reopen by the noncitizen shall stay the removal of the noncitizen.. 292. Right to counsel (a) In general In any proceeding conducted under section 235, 236, 238, 240, 241, or any other section of this Act, and in any appeal proceedings before the Attorney General from any such proceedings, the noncitizen concerned shall have the privilege of being represented by such counsel authorized to practice in such proceedings, as the noncitizen shall choose. (b) Access to counsel (1) In general The Attorney General may appoint or provide counsel to a noncitizen in any proceeding conducted under section 235, 236, 238, 240, or 241 or any other section of this Act. (2) Detention and border facilities The Secretary of Homeland Security shall ensure that noncitizens have access to counsel inside all immigration detention and border facilities. (c) Children and vulnerable individuals Notwithstanding subsection (b), at the beginning of proceedings or as expeditiously as possible, the Attorney General shall appoint, at the expense of the Government, counsel to represent any noncitizen financially unable to obtain adequate representation in such proceedings, including any noncitizen who has been determined by the Secretary of Homeland Security or the Attorney General to be— (1) a child; (2) a particularly vulnerable individual, including— (A) a person with a disability; (B) a victim of abuse, torture, or violence; and (C) a pregnant or lactating woman; or (3) the parent of a United States citizen minor. (d) Extension to consolidated cases If the Attorney General has consolidated the case of any noncitizen for whom counsel was appointed under subsection (c) with that of any other noncitizen, and such other noncitizen does not have counsel, the counsel appointed under subsection (c) shall be appointed to represent such other noncitizen unless there is a demonstrated conflict of interest. 295. Immigration Counsel Fund (a) In general There is established in the general fund of the Treasury a separate account to be known as the Immigration Counsel Fund. (b) Deposits Notwithstanding any other provision of this Act, there shall be deposited as offsetting receipts into the Immigration Counsel Account all surcharges collected under subsection (c) for the purpose of providing access to counsel as required or authorized under this Act, to remain available until expended. (c) Surcharge In any case in which a fee is charged pursuant to the immigration laws, a surcharge of $25 shall be imposed and collected. (d) Report Not later than 2 years after the date of the enactment of this section, and biennially thereafter, the Secretary of Homeland Security shall submit to Congress a report on the status of the Immigration Counsel Account, including— (1) the balance in the Immigration Counsel Account; and (2) any recommendation with respect to modifications to the surcharge under subsection (c) necessary to ensure that the receipts collected for the subsequent 2 years equal, as closely as possible, the cost of providing access to counsel as required or authorized under this Act. 4107. Facilitating safe and efficient repatriation (a) United States support for reintegration The Secretary of State, in consultation with the Secretary and the Administrator of the United States Agency for International Development, shall coordinate with the governments of El Salvador, Guatemala, Honduras, and any other country in Central America the Secretary of State considers appropriate, to promote the successful reintegration of families, unaccompanied noncitizen children, and other noncitizens repatriated to their countries of origin by assisting in the development and funding of programs in such countries that— (1) provide comprehensive reintegration services at the municipal level for repatriated noncitizens, including family reunification and access to medical and psychosocial services; (2) support the establishment of educational and vocational centers for repatriated noncitizens that provide skills training relevant to national and local economic needs; (3) promote the hiring of repatriated noncitizens in the private sector, including through strategic partnerships with specific industries and businesses; (4) support the issuance of appropriate documents to repatriated noncitizens, including identification documents, documents relating to educational attainment, and documents certifying skill attainment; and (5) monitor repatriated unaccompanied noncitizen children to ensure their adequate screening and processing in the United States. (b) Eligibility of citizens and nationals of repatriation country Paragraphs (1), (2), and (3) of subsection (a) shall not necessarily exclude citizens or nationals of the countries of origin. (c) Consultation with nongovernmental organizations In assisting in the development of programs under subsection (a), the Secretary of State shall consult with nongovernmental organizations in the countries concerned and in the United States that have experience in— (1) integrating repatriated individuals and families; (2) protecting and ensuring the welfare of unaccompanied noncitizen children; and (3) promoting economic development and skills acquisition. 4201. Definition of local educational agency In this subtitle, 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 ). 4202. Responsibility of sponsor for immigration court compliance and child well-being (a) In general The Secretary of Health and Human Services, in consultation with the Attorney General, shall establish procedures to ensure that a legal orientation program is provided to each sponsor (including parents, legal guardians, and close relatives) of an unaccompanied noncitizen child before the unaccompanied noncitizen child is placed with the sponsor. (b) Program elements A program under subsection (a) shall provide information to sponsors regarding each of the following: (1) The basic procedures of immigration hearings. (2) The rights and obligations of the unaccompanied noncitizen child relating to immigration hearings, including the consequences of filing frivolous legal claims and of failing to appear for proceedings. (3) The obligation of the sponsor— (A) to ensure that the unaccompanied noncitizen child appears at immigration court proceedings; (B) to notify the court of any change of address of the unaccompanied noncitizen child and other relevant information; and (C) to address the needs of the unaccompanied noncitizen child, including providing access to health care and enrolling the child in an educational institution. (4) Legal protections available to unaccompanied noncitizen children and the procedures for requesting such protections. (5) Legal resources available to unaccompanied noncitizen children and lists of potential legal services providers. (6) The importance of reporting potential child traffickers and other persons seeking to victimize or exploit unaccompanied noncitizen children, or otherwise engage such unaccompanied noncitizen children in criminal, harmful, or dangerous activity. (7) Any other subject the Secretary of Health and Human Services or the Attorney General considers necessary and appropriate. 4203. Funding to school districts for unaccompanied noncitizen children (a) Grants authorized The Secretary of Education shall award grants, on a competitive basis, to eligible local educational agencies or consortia of neighboring local educational agencies described in subsection (b), to enable the local educational agencies or consortia to enhance opportunities for, and provide services to, immigrant children, including unaccompanied noncitizen children, in the area served by the local educational agencies or consortia. (b) Eligible local educational agencies (1) In general A local educational agency or a consortium of neighboring local educational agencies is eligible for a grant under subsection (a) if, during the fiscal year for which a grant is awarded under this section, there are 50 or more unaccompanied noncitizen children enrolled in the public schools served by the local educational agency or the consortium. (2) Determinations of number of unaccompanied noncitizen children The Secretary of Education shall determine the number of unaccompanied noncitizen children for purposes of paragraph (1) based on the most accurate data available that is provided to the Secretary of Education by the Director of the Office of Refugee Resettlement or the Department of Homeland Security. (c) Applications A local educational agency or a consortia of neighboring local educational agencies desiring a grant under this section shall submit an application to the Secretary of Education at such time, in such manner, and containing such information as the Secretary of Education may require, including a description of how the grant will be used to enhance opportunities for, and provide services to, immigrant children and youth (including unaccompanied noncitizen children) and their families. 4204. School enrollment To be eligible for funding under the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6301 et seq. ), a local educational agency shall take measures— (1) to ensure that an unaccompanied noncitizen child in the area served by the local educational agency is enrolled in school not later than 7 days after the date on which a request for enrollment is made; and (2) to remove barriers to enrollment and full participation in educational programs and services offered by the local educational agency for unaccompanied noncitizen children (including barriers related to documentation, age, and language), which shall include reviewing and revising policies that may have a negative effect on unaccompanied noncitizen children. 4301. Elimination of time limits on asylum applications Section 208(a)(2) of the Immigration and Nationality Act ( 8 U.S.C. 1158(a)(2) ) is amended— (1) in subparagraph (A), by inserting or the Secretary after Attorney General each place it appears; (2) by striking subparagraphs (B) and (D); (3) by redesignating subparagraph (C) as subparagraph (B); (4) in subparagraph (B), as redesignated, by striking subparagraph (D) and inserting subparagraphs (C) and (D) ; and (5) by inserting after subparagraph (B), as redesignated, the following: (C) Changed circumstances Notwithstanding subparagraph (B), an application for asylum of a noncitizen may be considered if the noncitizen demonstrates, to the satisfaction of the Attorney General or the Secretary, the existence of changed circumstances that materially affect the noncitizen’s eligibility for asylum. (D) Motion to reopen certain meritorious claims Notwithstanding subparagraph (B) of section 240(c)(7), during the 2-year period beginning on the date of the enactment of this Act, a noncitizen may file a motion to reopen an asylum claim or a motion to reopen removal proceedings to reapply for asylum as relief from removal if the noncitizen— (i) was denied asylum based solely on a failure to meet the 1-year application filing deadline in effect on the date on which the application was filed; (ii) was granted withholding of removal to the noncitizen’s country of nationality (or, in the case of a person having no nationality, to the country of last habitual residence) under section 241(b)(3); (iii) has not obtained lawful permanent residence in the United States pursuant to any other provision of law; (iv) is not subject to the safe third country exception under subparagraph (A) or to a bar to asylum under subsection (b)(2); and (v) was not denied asylum as a matter of discretion.. 4302. Increasing annual numerical limitation on U visas Section 214(p) of the Immigration and Nationality Act ( 8 U.S.C. 1184(p) ) is amended in paragraph (2)(A) by striking 10,000 and inserting 30,000. 4303. Employment authorization for asylum seekers and other individuals (a) Asylum seekers Section 208(d)(2) of the Immigration and Nationality Act ( 8 U.S.C. 1158(d)(2) ) is amended to read as follows: (2) Employment authorization (A) Eligibility The Secretary of Homeland Security shall authorize employment for an applicant for asylum who is not in detention and whose application for asylum has not been determined to be frivolous. (B) Application (i) In general An applicant for asylum (unless otherwise eligible for employment authorization) shall not be granted employment authorization under this paragraph until the end of a period of days determined by the Secretary of Homeland Security by regulation, but which shall not exceed 180 days, after the filing of the application for asylum. (ii) Date of filing For purposes of this subparagraph, an application for asylum shall be considered to be filed on the date on which the applicant submits the application to the Secretary of Homeland Security or the Attorney General, as applicable. (C) Term Employment authorization for an applicant for asylum shall be valid until the date on which there is a final denial of the asylum application, including any administrative or judicial review.. (b) Individuals granted withholding of removal or applying for withholding of removal Section 241(b)(3) of the Immigration and Nationality Act ( 8 U.S.C. 1231(b)(3) ) is amended by adding at the end the following: (D) Employment authorization (i) In general The Secretary of Homeland Security shall authorize employment for a noncitizen who is not in detention and who has been granted— (I) withholding of removal under this paragraph; or (II) withholding or deferral of removal under the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, done at New York December 10, 1984. (ii) Term Employment authorization for a noncitizen described in clause (i) shall be— (I) valid for a period of 2 years; and (II) renewable for additional 2-year periods for the duration of such withholding or deferral of removal status.. (iii) Applicant eligibility (I) In general The Secretary of Homeland Security shall authorize employment for a noncitizen who is not in detention, and whose application for withholding of removal under this paragraph or withholding or deferral of removal under the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, done at New York December 10, 1984, has not been determined to be frivolous. (II) Application (aa) In general A noncitizen described in subclause (I) shall not be granted employment authorization under this clause until the end of a period of days determined by the Secretary of Homeland Security by regulation, but which shall not exceed 180 days, after the filing of an application described in such subclause. (bb) Date of filing For purposes of this clause, an application under subclause (I) shall be considered to be filed on the date on which the applicant submits the application to the Attorney General. (III) Term Employment authorization for a noncitizen described in subclause (I) shall be valid until the date on which there is a final denial of the application under subclause (I), including any administrative or judicial review.. 4304. Enhanced protection for individuals seeking T visas, U visas, and protection under VAWA (a) Employment authorization for T visa applicants Section 214(o) ( 8 U.S.C. 1184(o) ) is amended by adding at the end the following: (8) Notwithstanding any provision of this Act relating to eligibility for employment in the United States, the Secretary of Homeland Security shall grant employment authorization to a noncitizen who has filed a nonfrivolous application for nonimmigrant status under section 101(a)(15)(T), which authorization shall begin on the date that is the earlier of— (A) the date on which the noncitizen’s application for such status is approved; or (B) a date determined by the Secretary that is not later than 180 days after the date on which the noncitizen filed the application.. (b) Increased accessibility and employment authorization for U visa applicants Section 214(p) of the Immigration and Nationality Act ( 8 U.S.C. 1184(p) ) is amended— (1) in paragraph (6), by striking the last sentence; and (2) by adding at the end the following: (8) Employment authorization Notwithstanding any provision of this Act relating to eligibility for employment in the United States, the Secretary of Homeland Security shall grant employment authorization to a noncitizen who has filed an application for nonimmigrant status under section 101(a)(15)(U), which authorization shall begin on the date that is the earlier of— (A) the date on which the noncitizen’s petition for such status is approved; or (B) a date determined by the Secretary that is not later than 180 days after the date on which the noncitizen filed the petition.. (c) Prohibition on removal of certain victims with pending petitions and applications (1) In general Section 240 of the Immigration and Nationality Act ( 8 U.S.C. 1229a ) is amended— (A) by redesignating subsection (e) as subsection (f); and (B) by inserting after subsection (d) the following: (e) Prohibition on removal of certain victims with pending petitions and applications (1) In general A noncitizen described in paragraph (2) shall not be removed from the United States under this section or any other provision of law until the date on which there is a final denial of the noncitizen’s application for status, including any administrative or judicial review. (2) Noncitizens described A noncitizen described in this paragraph is a noncitizen who— (A) has a pending nonfrivolous application or petition under— (i) subparagraph (T) or (U) of section 101(a)(15); (ii) section 106; (iii) section 240A(b)(2); or (iv) section 244(a)(3) (as in effect on March 31, 1997); or (B) is a VAWA self-petitioner, as defined in section 101(a)(51), and has a pending application for relief under a provision referred to in any of subparagraphs (A) through (G) of such section.. (2) Conforming amendment Section 240(b)(7) of the Immigration and Nationality Act ( 8 U.S.C. 1229a(b)(7) ) is amended by striking subsection (e)(1) and inserting subsection (f)(1). (d) Prohibition on detention of certain victims with pending petitions and applications Section 236 of the Immigration and Nationality Act ( 8 U.S.C. 1226 ) is amended by adding at the end the following: (f) Detention of certain victims with pending petitions and applications (1) Presumption of release (A) In general Notwithstanding any other provision of this Act, there shall be a presumption that a noncitizen described in paragraph (2) should be released from detention. (B) Rebuttal The Secretary of Homeland Security may rebut the presumption of release based on clear and convincing evidence, including credible and individualized information, that— (i) the use of alternatives to detention will not reasonably ensure the appearance of the noncitizen at removal proceedings; or (ii) the noncitizen is a threat to another person or the community. (C) Pending criminal charge A pending criminal charge against a noncitizen may not be the sole factor to justify the continued detention of the noncitizen. (2) Noncitizen described A noncitizen described in this paragraph is a noncitizen who— (A) has a pending application, which has not been found to be frivolous, under— (i) subparagraph (T) or (U) of section 101(a)(15); (ii) section 106; (iii) section 240A(b)(2); or (iv) section 244(a)(3) (as in effect on March 31, 1997); or (B) is a VAWA self-petitioner, as defined in section 101(a)(51), has a pending petition for relief, and can demonstrate prima facie eligibility under a provision referred to in any of subparagraphs (A) through (G) of such section.. 4305. Alternatives to detention Section 236 of the Immigration and Nationality Act ( 8 U.S.C. 1226 ), as amended by section 4304, is further amended by adding at the end the following: (g) Alternatives to detention (1) In general The Secretary of Homeland Security shall establish programs that provide alternatives to detaining noncitizens, which shall offer a continuum of supervision mechanisms and options, including community-based supervision programs and community support. (2) Contracts with nongovernmental organizations The Secretary of Homeland Security may contract with nongovernmental community-based organizations to provide services for programs under paragraph (1), including case management services, appearance assistance services, and screening of detained noncitizens.. 4306. Notification of proceedings (a) Written record of address Section 239(a) of the Immigration and Nationality Act ( 8 U.S.C. 1229(a) ) is amended— (1) in paragraph (1)(F), by inserting the Secretary of Homeland Security or before the Attorney General each place such term appears; and (2) in paragraph (2)(A) by striking the noncitizen or to the noncitizen’s counsel of record and inserting the noncitizen and to the noncitizen’s counsel of record. 4307. Conversion of certain petitions Section 2 of Public Law 110–242 ( 8 U.S.C. 1101 note) is amended by striking subsection (b) and inserting the following: (b) Duration The authority under subsection (a) shall expire on the date on which the numerical limitation specified under section 1244(c) of the National Defense Authorization Act for Fiscal Year 2008 ( Public Law 110–181 ; 8 U.S.C. 1157 note) is reached.. 4308. Improvements to application process for Afghan special immigrant visas Subsection (b) of section 602 of the Afghan Allies Protection Act of 2009 ( 8 U.S.C. 1101 note) is amended— (1) in paragraph (2)(A)(ii), by inserting for the first time after September 30, 2015 ; and (2) in paragraph (4)(A), by inserting , including Chief of Mission approval, after so that all steps. 4309. Special immigrant status for certain surviving spouses and children (a) In general Section 101(a)(27)(D) of the Immigration and Nationality Act ( 8 U.S.C. 1101(a)(27)(D) ) is amended— (1) by striking an immigrant who is an employee and inserting the following: “an immigrant who— (i) is an employee ; and (2) by striking grant such status; and inserting the following: “grant such status; or (ii) is the surviving spouse or child of an employee of the United States Government abroad: Provided , That the employee performed faithful service for a total of not less than 15 years or was killed in the line of duty;. (b) Special immigrant status for surviving spouses and children (1) In general Section 602(b)(2)(C) of the Afghan Allies Protection Act of 2009 ( 8 U.S.C. 1101 note) is amended— (A) in clause (ii), by redesignating subclauses (I) and (II) as items (aa) and (bb), respectively; (B) by redesignating clauses (i) and (ii) as subclauses (I) and (II), respectively, and moving such subclauses 2 ems to the right; (C) in the matter preceding subclause (I), as redesignated, by striking An alien is described and inserting the following: (i) In general A noncitizen is described ; (D) in clause (i)(I), as redesignated, by striking who had a petition for classification approved and inserting who had submitted an application to the Chief of Mission ; and (E) by adding at the end the following: (ii) Employment requirements An application by a surviving spouse or child of a principal noncitizen shall be subject to employment requirements set forth in subparagraph (A) as of the date of the principal noncitizen’s filing of an application for the first time, or if no application has been filed, the employment requirements as of the date of the principal noncitizen’s death.. (2) Conforming amendments Section 602 of the Afghan Allies Protection Act of 2009 ( 8 U.S.C. 1101 note) is amended— (A) in the paragraph and subparagraph headings, by striking Aliens each place it appears and inserting Noncitizens ; (B) by striking an alien each place it appears and inserting a noncitizen ; (C) by striking An alien each place it appears and inserting A noncitizen ; (D) by striking alien each place it appears and inserting noncitizen ; (E) by striking aliens each place it appears and inserting noncitizens ; and (F) by striking alien's each place it appears and inserting noncitizen's. (c) Special immigrant status for certain iraqis (1) In general Section 1244(b)(3) of the Refugee Crisis in Iraq Act of 2007 ( 8 U.S.C. 1157 note) is amended— (A) by striking described in subsection (b) and inserting in this subsection ; (B) in subparagraph (B), by redesignating clauses (i) and (ii) as subclauses (I) and (II), respectively, and moving such subclauses 2 ems to the right; (C) by redesignating subparagraphs (A) and (B) as clauses (i) and (ii), respectively, and moving such clauses 2 ems to the right; (D) in the matter preceding clause (i), as redesignated, by striking An alien is described and inserting the following: (A) In general A noncitizen is described ; (E) in subparagraph (A)(i), as redesignated, by striking who had a petition for classification approved and inserting who submitted an application to the Chief of Mission ; and (F) by adding at the end the following: (B) Employment requirements An application by a surviving spouse or child of a principal noncitizen shall be subject to employment requirements set forth in paragraph (1) as of the date of the principal noncitizen’s filing of an application for the first time, or if the principal noncitizen did not file an application, the employment requirements as of the date of the principal noncitizen’s death.. (2) Conforming amendments The Refugee Crisis in Iraq Act of 2007 ( 8 U.S.C. 1157 note) is amended by— (A) in the subsection headings, by striking Aliens each place it appears and inserting Noncitizens ; (B) in the paragraph headings, by striking Aliens each place it appears and inserting Noncitizens ; (C) by striking an alien each place it appears and inserting a noncitizen ; (D) by striking An alien each place it appears and inserting A noncitizen ; (E) by striking alien each place it appears and inserting noncitizen ; (F) by striking aliens each place it appears and inserting noncitizens ; and (G) by striking alien's each place it appears and inserting noncitizen's. (d) Effective date The amendments made by this section shall be effective on the date of the enactment of this Act and shall have retroactive effect. 4310. Special immigrant status for certain Syrians who worked for the United States Government in Syria (a) In general Subject to subsection (c)(1), for purposes of the Immigration and Nationality Act ( 8 U.S.C. 1101 et seq. ), the Secretary may provide any noncitizen described in subsection (b) with the status of a special immigrant under section 101(a)(27) of that Act ( 8 U.S.C. 1101(a)(27) ) if— (1) the noncitizen, or an agent acting on behalf of the noncitizen, submits a petition to the Secretary under section 204 of that Act ( 8 U.S.C. 1154 ) for classification under section 203(b)(4) of that Act ( 8 U.S.C. 1153(b)(4) ); (2) the noncitizen is otherwise eligible to receive an immigrant visa; (3) the noncitizen is otherwise admissible to the United States for permanent residence (excluding the grounds for inadmissibility specified in section 212(a)(4) of that Act ( 8 U.S.C. 1182(a)(4) )), except that an applicant for admission to the United States under this section may not be considered inadmissible based solely on membership in, participation in, or support provided to, the Syrian Democratic Forces or other partner organizations, as determined by the Secretary of Defense; and (4) the noncitizen clears a background check and appropriate screening, as determined by the Secretary. (b) Noncitizens described A noncitizen described in this subsection is a noncitizen who— (1) (A) is a citizen or national of Syria or a stateless person who has habitually resided in Syria; (B) was employed by or on behalf of (including under a contract, cooperative agreement or grant with) the United States Government in Syria, for a period of not less than 1 year beginning on January 1, 2014; and (C) obtained a favorable written recommendation from a U.S. citizen supervisor who was in the chain of command of the United States Armed Forces unit or U.S. Government entity that was supported by the noncitizen; or (2) (A) is the spouse or a child of a principal noncitizen described in paragraph (1); and (B) (i) is following or accompanying to join the principal noncitizen in the United States; or (ii) due to the death of the principal noncitizen, a petition to follow or accompany to join the principal noncitizen in the United States— (I) was or would be revoked, terminated, or otherwise rendered null; and (II) would have been approved if the principal noncitizen had survived. (c) Numerical limitations (1) In general Except as otherwise provided in this subsection, the total number of principal noncitizens who may be provided special immigrant status under this section may not exceed 5,000 in any of the first 5 fiscal years beginning after the date of the enactment of this Act. (2) Exemption from numerical limitations Noncitizens provided special immigrant status under this section shall not be counted against any numerical limitation under section 201(d), 202(a), or 203(b)(4) of the Immigration and Nationality Act ( 8 U.S.C. 1151(d) , 1152(a), and 1153(b)(4)). (3) Carry forward If the numerical limitation set forth in paragraph (1) is not reached during a fiscal year, the numerical limitation under such paragraph for the following fiscal year shall be increased by a number equal to the difference between— (A) the number of visas authorized under paragraph (1) for such fiscal year; and (B) the number of principal noncitizens provided special immigrant status under this section during such fiscal year. (d) Visa fees and travel document issuance (1) In general A noncitizen described in subsection (b) may not be charged any fee in connection with an application for, or the issuance of, a special immigrant visa under this section. (2) The Secretary of State shall ensure that a noncitizen who is issued a special immigrant visa under this section is provided with an appropriate travel document necessary for admission to the United States. (e) Protection of noncitizens The Secretary of State, in consultation with the head of any other appropriate Federal agency, shall make a reasonable effort to provide protection to each noncitizen described in subsection (b) who is seeking special immigrant status under this section or to immediately remove such noncitizen from Syria, if possible, if the Secretary of State determines, after consultation, that such noncitizen is in imminent danger. (f) Application process (1) Representation A noncitizen applying for admission to the United States as a special immigrant under this section may be represented during the application process, including for relevant interviews and examinations, by an attorney or other accredited representative. Such representation shall not be at the expense of the United States Government. (2) Completion (A) In general The Secretary of State and the Secretary, in consultation with the Secretary of Defense, shall ensure that applications for special immigrant visas under this section are processed in such a manner so as to ensure that all steps under the control of the respective departments incidental to the issuance of such visas, including required screenings and background checks, are completed not later than 270 days after the date on which an eligible noncitizen submits all required materials to apply for such visa. (B) Rule of construction Notwithstanding subparagraph (A), the Secretary of State, the Secretary, or the Secretary of Defense may take longer than 270 days to complete the steps incidental to issuing a visa under this section if the Secretary of State, the Secretary, or the Secretary of Defense, or a designee— (i) determines that the satisfaction of national security concerns requires additional time; and (ii) notifies the applicant of such determination. (3) Appeal A noncitizen whose petition for status as a special immigrant is rejected or revoked— (A) shall receive a written decision that provides, to the maximum extent feasible, information describing the basis for the denial, including the facts and inferences underlying the individual determination; and (B) shall be provided not more than 1 written appeal per rejection or denial, which— (i) shall be submitted to the authority that issued the denial not more than 120 days after the date on which the applicant receives a decision pursuant to subparagraph (A); (ii) may request the reopening of such decision; and (iii) shall provide additional information, clarify existing information, or explain any unfavorable information. (g) Eligibility for other immigrant classification A noncitizen may not be denied the opportunity to apply for admission under this section solely because such noncitizen— (1) qualifies as an immediate relative of a citizen of the United States; or (2) is eligible for admission to the United States under any other immigrant classification. (h) Processing mechanisms The Secretary of State shall use existing refugee processing mechanisms in Iraq and in other countries, as appropriate, in the region in which noncitizens described in subsection (b) may apply and interview for admission to the United States as special immigrants. (i) Resettlement support A noncitizen who is granted special immigrant status under this section shall be eligible for the same resettlement assistance, entitlement programs, and other benefits as are available to refugees admitted under section 207 of the Immigration and Nationality Act ( 8 U.S.C. 1157 ). (j) Authority To carry out administrative measures The Secretary, the Secretary of State, and the Secretary of Defense shall implement any additional administrative measures they consider necessary and appropriate— (1) to ensure the prompt processing of applications under this section; (2) to preserve the integrity of the program established under this section; and (3) to protect the national security interests of the United States related to such program. (k) Report to Congress (1) In general Not later than January 30 each year, the Inspector General of the Department of State shall submit a report on the implementation of the Syrian special immigrant status program under this section for the preceding calendar year to— (A) the Committee on the Judiciary, the Committee on Foreign Relations, and the Committee on Armed Services of the Senate; and (B) the Committee on the Judiciary, the Committee on Foreign Affairs, and the Committee on Armed Services of the House of Representatives. (2) Elements Each report required by paragraph (1) shall include, for the applicable calendar year, the following: (A) The number of petitions filed under such program. (B) The number of such petitions pending adjudication. (C) The number of such petitions pending visa interview. (D) The number of such petitions pending security checks. (E) The number of such petitions that were denied. (F) The number of cases under such program that have exceeded the mandated processing time and relevant case numbers. (G) A description of any obstacle discovered that would hinder effective implementation of such program. (3) Consultation In preparing a report under subsection (a), the Inspector General shall consult with— (A) the Department of State, Bureau of Consular Affairs, Visa Office; (B) the Department of State, Bureau of Near Eastern Affairs and South and Central Asian Affairs, Executive Office; (C) the Department of Homeland Security, U.S. Citizenship and Immigration Services; (D) the Department of Defense; and (E) nongovernmental organizations providing legal aid in the special immigrant visa application process. (4) Form Each report required by paragraph (1) shall be submitted in unclassified form, but may include a classified annex. (5) Publication Each report submitted under this subsection shall be made available to the public on the internet website of the Department of State. (l) Rulemaking Not later than 90 days after the date of the enactment of this Act, the Secretary, in consultation with the Secretary of Defense and the Secretary of State, shall promulgate regulations to carry out this section, including establishing requirements for background checks. (m) Savings provision Nothing in this section may be construed to affect the authority of the Secretary under section 1059 of the National Defense Authorization Act for Fiscal Year 2006 ( Public Law 109–163 ; 8 U.S.C. 1101 note). 4311. Authorization of appropriations There are authorized to be appropriated such sums as may be necessary to carry out this subtitle and the amendments made by this subtitle, including, in addition to annual funds derived from fee accounts of U.S. Citizenship and Immigration Services, such sums as may be necessary to reduce the backlog of asylum applications to the Refugee, Asylum and International Operations Directorate. 5101. Commission on Employment Authorization (a) Establishment Not later than the date that is 180 days after the date of the enactment of this Act, the President, in conjunction with the President pro tempore of the Senate and the Speaker of the House of Representatives, shall establish the Employment Authorization Commission (referred to in this section as the Commission ). (b) Composition (1) In general The Commission shall be composed of 10 members, of whom— (A) 6 members shall be appointed by the President and shall include representatives of the employer, labor, and civil rights communities; (B) 2 members shall be appointed by the President pro tempore of the Senate, of whom— (i) 1 shall be appointed upon the recommendation of the leader in the Senate to represent the interests of employees who experience discrimination in the course of their employer or potential employer’s verification of their employment authorization; and (ii) 1 shall be appointed upon the recommendation of the leader in the Senate to represent the interests of employers; and (C) 2 members shall be appointed by the Speaker of the House of Representatives, of whom— (i) 1 shall be appointed upon the recommendation of the leader in the House of Representatives to represent the interests of employees who experience discrimination in the course of their employer or potential employer’s verification of their employment authorization; and (ii) 1 shall be appointed upon the recommendation of the leader in the House of Representatives to represent the interests of employers. (2) Qualifications for appointment The members of the Commission shall be distinguished individuals who are noted for their knowledge and experience in the field of employment verification. (3) Time of appointment The appointments required under paragraph (1) shall be made not later than 180 days after the date of the enactment of this Act. (4) Chair At the first meeting of the Commission, a majority of the members of the Commission present and voting, including at least 6 members of the Commission, shall elect the Chair of the Commission. (5) Vacancies Any vacancy of the Commission shall not affect its powers, but shall be filled in the manner in which the original appointment was made. (6) Rules and procedures (A) Establishment The Commission shall establish the rules and procedures of the Commission, which shall require the approval of at least 6 members of the Commission. (B) Recommendations and decisions All recommendations and decisions of the Commission shall require the approval of at least 6 members of the Commission. Individual members may provide minority or dissenting opinions. (c) Duties (1) In general The Commission shall— (A) make recommendations to the President, the Secretary, and Congress regarding policies to verify the eligibility of noncitizens for employment in the United States; (B) evaluate methods for verification of employment eligibility that respect— (i) the rights of employment-authorized individuals to work in the United States; and (ii) the freedom from discrimination based on race or national origin of all workers; and (C) review error rates for the E-Verify program, including the impact on various populations by national origin, race, gender, and socioeconomic background. (2) Public hearings (A) In general The Commission shall convene at least 1 public hearing on verification for employment of foreign nationals in the United States. (B) Report The Commission shall provide a summary of each hearing convened pursuant to subparagraph (A) to the President, the Secretary, and Congress. (d) Access to information The Immigrant and Employee Rights Section of the Department of Justice shall furnish information to the Commission regarding employee complaints, mediations, and investigations involving the employment eligibility verification practices of employers. (e) Report Not later than 180 days after all members of the Commission have been appointed pursuant to subsection (b), the Commission shall submit a report to the President, the Secretary, and Congress that includes— (1) specific policy recommendations for achieving and maintaining the goals specified in subsection (c); (2) recommendations for improvements to existing employment verification systems, such as the I–9 process and E-Verify, to ensure that workers are not denied employment on the basis of false positives. (f) Travel expenses Members of the Commission shall be allowed travel expenses, including per diem in lieu of subsistence at rates authorized for employees of agencies under subchapter I of chapter 57 of title 5, United States Code, while away from their homes or regular places of business in the performance of services for the Commission. (g) Administrative support The Secretary shall provide the Commission such staff and administrative services as may be necessary and appropriate for the Commission to perform its functions. Any employee of the executive branch of Government may be detailed to the Commission without reimbursement to the agency of that employee and such detail shall be without interruption or loss of civil service or status or privilege. (h) Comptroller General review The Comptroller General of the United States shall review the recommendations in the report submitted pursuant to subsection (e) to determine— (1) which recommendations are most likely to improve existing employment verification systems; and (2) whether such recommendations are feasible within existing budget constraints. (i) Termination The Commission shall terminate on the date that is 2 years after the date of the enactment of this Act. 5102. Power Act (a) Protection for victims of labor and employment violations Section 101(a)(15)(U) of the Immigration and Nationality Act ( 8 U.S.C. 1101(a)(15)(U) ) is amended— (1) in clause (i)— (A) by amending subclause (I) to read as follows: (I) the noncitizen— (aa) has suffered substantial abuse or harm as a result of having been a victim of criminal activity described in clause (iii); (bb) has suffered substantial abuse or harm related to a violation described in clause (iv); (cc) is a victim of criminal activity described in clause (iii) and would suffer extreme hardship upon removal; or (dd) has suffered a violation described in clause (iv) and would suffer extreme hardship upon removal; ; (B) in subclause (II), by inserting , or a labor or employment violation resulting in a workplace claim described in clause (iv) before the semicolon at the end; (C) in subclause (III)— (i) by striking or State judge, to the Service and inserting , State, or local judge, to the Department of Homeland Security, to the Equal Employment Opportunity Commission, to the Department of Labor, to the National Labor Relations Board ; and (ii) by inserting , or investigating, prosecuting, or seeking civil remedies for a labor or employment violation related to a workplace claim described in clause (iv) before the semicolon at the end; and (D) in subclause (IV)— (i) by inserting (aa) after (IV) ; (ii) by inserting or after the semicolon at the end; and (iii) by adding at the end the following: (bb) a workplace claim described in clause (iv) resulted from a labor or employment violation; ; (2) in clause (ii)(II), by striking and at the end; (3) in clause (iii), by striking or at the end and inserting and ; and (4) by adding at the end the following: (iv) if the labor or employment violation related to a workplace claim, the noncitizen— (I) has filed, is a material witness in, or is likely to be helpful in the investigation of, a bona fide workplace claim (as defined in section 274A(e)(10)(B)(i)(II)); and (II) reasonably fears, has been threatened with, or has been the victim of, an action involving force, physical restraint, retaliation, or abuse of the immigration or other legal process against the noncitizen or another person by the employer in relation to acts underlying the workplace claim or related to the filing of the workplace claim; or. (b) Requirements applicable to U nonimmigrant visas Section 214(p) of the Immigration and Nationality Act ( 8 U.S.C. 1184(p) ), as amended by section 4304, is further amended— (1) in paragraph (1)— (A) by striking The petition and inserting the following: (A) In general The petition ; (B) by inserting or investigating, prosecuting, or seeking civil remedies for workplace claims described in section 101(a)(15)(U)(iv) after section 101(a)(15)(U)(iii) each place such term appears; and (C) by adding at the end the following: (B) Fees A noncitizen petitioning for, or having status under, section 101(a)(15)(U) may not be required to submit any fee (or request any fee waiver) in connection with such petition or status, including fees associated with biometric services or an application for advance permission to enter as a nonimmigrant. (C) Confidentiality of information The Secretary of Homeland Security and the Attorney General may not use the information furnished pursuant to a petition for status under section 101(a)(15)(U) for purposes of initiating or carrying out a removal proceeding. ; (2) in paragraph (6)— (A) by inserting or workplace claims described in section 101(a)(15)(U)(iv) after described in section 101(a)(15)(U)(iii) ; and (B) by inserting or workplace claim after prosecution of such criminal activity ; and (3) by adding at the end the following: (9) Temporary protection for victims of crime, labor, and employment violations Notwithstanding any other provision of law, the Secretary of Homeland Security may permit a noncitizen to temporarily remain in the United States, and grant such noncitizen employment authorization, if the Secretary determines that the noncitizen— (A) has filed for relief under section 101(a)(15)(U); or (B) (i) has filed, or is a material witness to, a bona fide workplace claim (as defined in section 274A(e)(10)(B)(i)(II)); and (ii) has been helpful, is being helpful, or is likely to be helpful to— (I) a Federal, State, or local law enforcement official; (II) a Federal, State, or local prosecutor; (III) a Federal, State, or local judge; (IV) the Department of Homeland Security; (V) the Equal Employment Opportunity Commission; (VI) the Department of Labor, including the Occupational Safety and Health Administration; (VII) the National Labor Relations Board; (VIII) the head official of a State or local government department of labor, workforce commission, or human relations commission or council; or (IX) other Federal, State, or local authorities investigating, prosecuting, or seeking civil remedies related to the workplace claim.. (c) Removal proceedings Section 239(e) of the Immigration and Nationality Act ( 8 U.S.C. 1229(e) ) is amended— (1) in paragraph (1)— (A) by striking In cases where and inserting If ; and (B) by inserting or as a result of information provided to the Department of Homeland Security in retaliation against individuals for exercising or attempting to exercise their employment rights or other legal rights after paragraph (2) ; and (2) in paragraph (2), by adding at the end the following: (C) At a facility about which a workplace claim has been filed or is contemporaneously filed.. (d) Adjustment of status for victims of crimes Section 245(m)(1) of the Immigration and Nationality Act ( 8 U.S.C. 1255(m)(1) ) is amended— (1) in the matter preceding subparagraph (A), by inserting The before Secretary of Homeland Security ; and (2) by inserting or an investigation or prosecution regarding a workplace claim after prosecution. (e) Unlawful employment of noncitizens Section 274A(e) of the Immigration and Nationality Act ( 8 U.S.C. 1324a(e) ) is amended by adding at the end the following: (10) Conduct in enforcement actions (A) Definitions In this paragraph: (i) Material witness The term material witness means an individual who presents a declaration from an attorney investigating, prosecuting, or defending the workplace claim or from the presiding officer overseeing the workplace claim attesting that, to the best of the declarant’s knowledge and belief, reasonable cause exists to believe that the testimony of the individual will be relevant to the outcome of the workplace claim. (ii) Workplace claim The term workplace claim means any written or oral claim, charge, complaint, or grievance filed with, communicated to, or submitted to the employer, a Federal, State, or local agency or court, or an employee representative related to the violation of applicable Federal, State, and local labor laws, including laws concerning wages and hours, labor relations, family and medical leave, occupational health and safety, civil rights, or nondiscrimination. (B) Enforcement action If the Secretary of Homeland Security conducts an enforcement action at a facility about which a workplace claim has been filed or is contemporaneously filed, or as a result of information provided to the Department of Homeland Security in retaliation against employees for exercising their rights related to a workplace claim, the Secretary shall ensure that— (i) any noncitizens arrested or detained who are necessary for the investigation or prosecution of workplace claim violations or criminal activity (as described in subparagraph (T) or (U) of section 101(a)(15)) are not removed from the United States until after the Secretary— (I) notifies the appropriate law enforcement agency with jurisdiction over such violations or criminal activity; and (II) provides such agency with the opportunity to interview such noncitizens; and (ii) noncitizens entitled to a stay of removal or abeyance of removal proceedings under this section are not removed. (C) Protections for victims of crime, labor, and employment violations (i) Stay of removal or abeyance of removal proceedings Any noncitizen against whom removal proceedings have been initiated under chapter 4 of title II, who has filed a workplace claim, who is a material witness in any pending or anticipated proceeding involving a bona fide workplace claim, or who has filed for relief under section 101(a)(15)(U), shall be entitled to a stay of removal or an abeyance of removal proceedings and to employment authorization until the later of the resolution of the workplace claim or the denial of relief under section 101(a)(15)(U) after exhaustion of administrative appeals unless the Secretary establishes, by a preponderance of the evidence in proceedings before the immigration judge presiding over such noncitizen’s removal hearing, that— (I) the noncitizen has been convicted of a felony or; (II) the workplace claim was filed in bad faith with the intent to delay or avoid the noncitizen’s removal. (ii) Duration Any stay of removal or abeyance of removal proceedings and employment authorization issued pursuant to clause (i)— (I) shall remain valid until the resolution of the workplace claim or the denial of relief under section 101(a)(15)(U) after the exhaustion of administrative appeals; and (II) shall be extended by the Secretary of Homeland Security for a period not to exceed 10 additional years upon determining that— (aa) such relief would enable the noncitizen asserting a workplace claim to pursue the claim to resolution; (bb) the deterrent goals of any statute underlying a workplace claim would be served; or (cc) such extension would otherwise further the interests of justice.. (f) Change of nonimmigrant classification Section 384(a)(1) of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 ( 8 U.S.C. 1367(a)(1) ) is amended— (1) in subparagraph (E), by striking physical or mental abuse and the criminal activity, and inserting abuse and the criminal activity or workplace claim; ; (2) in subparagraph (F), by striking the comma at the end and inserting ; or ; and (3) by inserting after subparagraph (F) the following: (G) the noncitizen’s employer,. 5103. Additional civil penalty Section 274A of the Immigration and Nationality Act ( 8 U.S.C. 1324a ) is amended— (1) in subsection (a)— (A) by redesignating paragraph (7) as paragraph (8); and (B) by inserting after paragraph (6) the following: (7) Additional civil penalties An employer is subject to an additional civil penalty under subsection (e)(12) if— (A) the employer engages in a civil violation of Federal, State, or local labor laws, including— (i) laws concerning wages and hours, labor relations, family and medical leave, occupational health and safety, civil rights, or nondiscrimination; and (ii) a finding by the agency enforcing such law in the course of a final settlement of such violation; and (B) such violation takes place with respect to an unauthorized worker. ; (2) in subsection (e), as amended by section 5102(f), by adding at the end the following: (11) Additional civil penalties An order under this subsection for a violation of subsection (a)(7) shall require the employer— (A) to cease and desist from such violation; and (B) to pay a civil penalty in an amount not to exceed $5,000 for each unauthorized noncitizen with respect to whom a violation of such subsection occurred. ; and (3) in subsection (f)(2), by striking (1)(A) or (2) and inserting (1)(A), (2), or (7). 5104. Continued application of workforce and labor protection remedies Section 274A(e) of the Immigration and Nationality Act, as amended by sections 5102(e) and 5103(2), is further amended by adding at the end the following: (12) Rights, remedies, and relief Notwithstanding an employee’s status as an unauthorized noncitizen during the time of relevant employment or during the back pay period or the failure of the employer or employee to comply with the requirements under this section or with any other provision of Federal law relating to the unlawful employment of noncitizens— (A) all rights, remedies, and relief provided under any Federal, State, or local law relating to workplace rights, including reinstatement and back pay, are available to such employee; and (B) a court may not prohibit such an employee from pursuing other causes of action giving rise to liability in a civil action.. 5105. Prohibition on discrimination based on national origin or citizenship status (a) In general Section 274B(a) of the Immigration and Nationality Act ( 8 U.S.C. 1324b(a) ) is amended to read as follows: (a) Prohibition on discrimination based on national origin or citizenship status (1) In general Except as provided in paragraphs (2) and (3), it is an unfair immigration-related employment practice for a person, other entity, or employment agency to discriminate against any individual (other than an unauthorized noncitizen (as defined in section 274A(h)(3))) because of such individual’s national origin or citizenship status, with respect to— (A) the hiring of the individual for employment; (B) the verification of the individual’s eligibility to work in the United States; or (C) the discharging of the individual from employment. (2) Exceptions Paragraph (1) shall not apply to— (A) a person, other entity, or employer that employs 3 or fewer employees (other than an employment agency); (B) a person’s or entity’s discrimination based upon an individual’s national origin if the discrimination with respect to that employer, person, or entity and that individual is covered under section 703 of the Civil Rights Act of 1964 ( 42 U.S.C. 2000e–2 ), unless the discrimination is related to an individual’s verification of employment authorization; or (C) discrimination based upon an individual’s citizenship status if such discrimination— (i) is required in order to comply with a provision of Federal, State, or local law related to law enforcement; (ii) is required by a contract with the Federal Government; or (iii) is determined by the Secretary of Homeland Security or the Attorney General to be essential for an employer to do business with an agency or department of the Federal Government or with a State, Tribal, or local government. (3) Additional exception providing right to prefer equally qualified citizens It is not an unfair immigration-related employment practice for an employer to prefer to hire, recruit, or refer for a fee an individual who is a citizen or national of the United States over another individual who is a noncitizen if the 2 individuals are equally qualified. (4) Unfair immigration-related employment practices relating to the system It is an unfair immigration-related employment practice for a person, other entity, or employment agency— (A) to use the employment verification system described in section 274A (referred to in this title as the System ) to deny workers’ employment or post-employment benefits; (B) to misuse the System to discriminate based on national origin or citizenship status; (C) to require an employee or prospective employee to use any self-verification feature of the System or provide, as a condition of application or employment, any self-verification results; (D) to use an immigration status verification system, service, or method other than those described in section 274A for purposes of verifying employment eligibility; (E) to grant access to document verification or System data, to any individual or entity not authorized to have such access; or (F) to fail to take reasonable safeguards to protect against unauthorized loss, use, alteration, or destruction of System data. (5) Prohibition of intimidation or retaliation It is an unfair immigration-related employment practice for a person, other entity, or employment agency to intimidate, threaten, coerce, or retaliate against any individual— (A) for the purpose of interfering with any right or privilege secured under this section; or (B) because the individual intends to file, or has filed, a charge or a complaint, or testified, assisted, or participated in any manner in an investigation, proceeding, or hearing under this section. (6) Treatment of certain documentary practices as employment practices It is an unfair immigration-related employment practice for a person, other entity, or employment agency, for purposes of verifying employment eligibility— (A) to request that an individual submit specific documents, more documents, or different documents than are required under section 274A; or (B) to refuse to honor documents submitted by an individual that reasonably appear on their face to be genuine. (7) Prohibition of withholding employment records It is an unfair immigration-related employment practice for an employer that is required under Federal, State, or local law to maintain records documenting employment, including dates or hours of work and wages received, to fail to provide such records to any employee to whom the records pertain, upon request by such employee. (8) Professional, commercial, and business licenses An individual who is authorized to be employed in the United States may not be denied a professional, commercial, or business license on the basis of his or her immigration status. (9) Employment agency defined In this section, the term employment agency means any employer, person, entity, or agent of such employer, person, or entity that regularly undertakes, with or without compensation, to procure employees for employers or to procure for employees opportunities to work for employers.. (b) Referral by EEOC Section 274B(b) of the Immigration and Nationality Act ( 8 U.S.C. 1324b(b) ) is amended by adding at the end the following: (3) Referral by eeoc The Equal Employment Opportunity Commission shall refer all matters alleging immigration-related unfair employment practices filed with the Commission, including those alleging violations of paragraph (1), (4), (5), or (6) of subsection (a), to the Immigrant and Employment Rights Section of the Department of Justice.. (c) Fines (1) In general Section 274B(g)(2)(B)(iv) of the Immigration and Nationality Act ( 8 U.S.C. 1324b(g)(2)(B)(iv) ) is amended to read as follows: (iv) to pay the civil penalties set forth in this clause, which may be adjusted periodically to account for inflation, including— (I) except as provided in subclauses (II) through (IV), a civil penalty of not less than $2,000 and not more than $5,000 for each individual subjected to an unfair immigration-related employment practice; (II) except as provided in subclauses (III) and (IV), in the case of an employer, person, or entity previously subject to 1 order under this paragraph, a civil penalty of not less than $4,000 and not more than $10,000 for each individual subjected to an unfair immigration-related employment practice; (III) except as provided in subclause (IV), in the case of an employer, person, or entity previously subject to more than 1 order under this paragraph, a civil penalty of not less than $8,000 and not more than $25,000 for each individual subjected to an unfair immigration-related employment practice; and (IV) in the case of an unfair immigration-related employment practice described in paragraphs (4) through (7) of subsection (a), a civil penalty of not less than $500 and not more than $2,000 for each individual subjected to an unfair immigration-related employment practice.. (2) Effective date The amendment made by paragraph (1)— (A) shall take effect on the date that is 1 year after the date of the enactment of this Act; and (B) shall apply to violations occurring on or after such date of enactment. (d) Authorization of appropriations Section 274B(l)(3) ( 8 U.S.C. 1324b(l)(3) ) is amended to read as follows: (3) Authorization of appropriations There are authorized to be appropriated to carry out this subsection— (A) $10,000,000 for each fiscal year (beginning with fiscal year 1991); and (B) an additional $40,000,000 for each of fiscal years 2024 through 2026.. 5106. Fairness for farmworkers (a) In general Section 7 of the Fair Labor Standards Act of 1938 ( 29 U.S.C. 207 ) is amended— (1) in subsection (a), by adding at the end the following: (3) (A) Except as provided in subparagraph (C), beginning on January 1, 2024, no employer shall employ any employee employed in agriculture who in any workweek is engaged in commerce or in the production of goods for commerce, or is employed in an enterprise engaged in commerce or in the production of goods for commerce for a workweek that is longer than the hours specified under subparagraph (B), unless such employee receives compensation for employment in excess of the hours specified in such subparagraph at a rate not less than 150 percent of the regular rate at which the employee is employed. (B) The hours specified in this subparagraph are, subject to subparagraph (C), as follows: (i) Beginning on January 1, 2024, 55 hours in any workweek. (ii) Beginning on January 1, 2025, 50 hours in any workweek. (iii) Beginning on January 1, 2026, 45 hours in any workweek. (iv) Beginning on January 1, 2027, 40 hours in any workweek. (C) With respect to any employer that employs 25 or fewer employees— (i) the requirement under subparagraph (A) shall begin on January 1, 2027; and (ii) the hours specified under subparagraph (B) shall be as follows: (I) The number of hours specified under subparagraph (B)(i) shall begin on January 1, 2027. (II) The number of hours specified under subparagraph (B)(ii) shall begin on January 1, 2028. (III) The number of hours specified under subparagraph (B)(iii) shall begin on January 1, 2029. (IV) The number of hours specified under subparagraph (B)(iv) shall begin on January 1, 2030. ; and (2) by striking subsection (m). (b) Removing certain exemptions for agricultural work Section 13 of the Fair Labor Standards Act of 1938 ( 29 U.S.C. 213 ) is amended— (1) in subsection (a), by amending paragraph (6) to read as follows: (6) any employee employed in agriculture who is the parent, spouse, child, or other member of the employer’s immediate family; ; (2) in subsection (b)— (A) by striking paragraphs (12) through (16); and (B) by redesignating paragraphs (17), (20), (21), (24), (27), (28), (29), and (30) as paragraphs (12), (13), (14), (15), (16), (17), (18), and (19), respectively; and (3) by striking subsections (h) through (j). (c) Conforming amendments (1) Fair Labor Standards Act of 1938 Section 13(c)(1)(A) of the Fair Labor Standards Act of 1938 ( 29 U.S.C. 213(c)(1)(A) ) is amended by striking none of the employees and all that follows through and inserting all of the employees of which are employed in agriculture and are employed by an employer who did not, during any calendar quarter during the preceding calendar year, use more than 500 man-days of agricultural labor (within the meaning of the exemption under subsection (a)(6)(A)), as in effect on the day before the date of the enactment of the U.S. Citizenship Act ),. (2) Migrant and Seasonal Agricultural Worker Protection Act The Migrant and Seasonal Agricultural Worker Protection Act ( Public Law 97–470 ) is amended— (A) in section 3 ( 29 U.S.C. 1802 )— (i) in paragraph (8), by amending subparagraph (B) to read as follows: (B) The term migrant agricultural worker does not include any immediate family member of an agricultural employer or a farm labor contractor. ; and (ii) in paragraph (10), by amending subparagraph (B) to read as follows: (B) The term seasonal agricultural worker does not include— (i) any migrant agricultural worker; or (ii) any immediate family member of an agricultural employer or a farm labor contractor. ; and (B) in section 4(a) ( 29 U.S.C. 1803(a) ), by amending paragraph (2) to read as follows: (2) Small business exemption Any person, other than a farm labor contractor, who did not, during any calendar quarter during the preceding calendar year, use more than 500 man-days of agricultural labor (within the meaning of the exemption under section 13(a)(6)(A) of the Fair Labor Standards Act of 1938 ( 29 U.S.C. 213(a)(6)(A) ), as in effect on the day before the date of the enactment of the U.S. Citizenship Act ).. (d) Effective dates (1) In general The amendments made by subsections (a)(2), (b)(1), (b)(3), and (c) shall take effect on— (A) January 1, 2027, with respect to an employer that employs more than 25 employees; and (B) January 1, 2030, with respect to an employer that employs 25 or fewer employees. (2) Other amendments The amendments made by subsection (b)(2) shall take effect on— (A) January 1, 2024, with respect to an employer that employs more than 25 employees; and (B) January 1, 2027, with respect to an employer that employs 25 or fewer employees. 5107. Protections for migrant and seasonal laborers Section 501 of the Migrant and Seasonal Agricultural Worker Protection Act ( 29 U.S.C. 1851 ) is amended— (1) by amending subsection (a) to read as follows: (a) Violations of this Act (1) In general Except as otherwise provided in this section, any person who willfully and knowingly violates this Act or any regulation under this Act— (A) shall be fined not more than $1,000, sentenced to prison for a term not to exceed 1 year, or both; and (B) upon conviction for any subsequent violation of this Act or any regulation under this Act, shall be fined not more than $10,000, sentenced to prison for a term not to exceed 3 years, or both. (2) Identification document offenses Any person who knowingly destroys, conceals, removes, confiscates, or possesses any actual or purported passport or other immigration document, or any other actual or purported government identification document of another person or threatens to do so in furtherance of a violation of this Act shall be fined under title 18, United States Code, imprisoned not more than 3 years, or both. (3) Travel restrictions Any person who knowingly restricts or attempts to prevent or restrict, without lawful authority, a person’s liberty to move or travel, in furtherance of a violation of this Act, shall be fined under title 18, United States Code, imprisoned not more than 5 years, or both. (4) Bodily injury If bodily injury results from any acts committed by any person in violation of this Act, or if such acts include sexual abuse or an attempt to commit sexual abuse (as described in section 2242 of title 18, United States Code), or if such acts include the use, attempted use, or threatened use of a dangerous weapon, explosives, or fire, the person shall be fined under title 18, United States Code, imprisoned not more than 10 years, or both. (5) Death If death results from any acts committed by any person in violation of this Act, or if such acts include kidnaping or an attempt to kidnap, aggravated sexual abuse, or an attempt to commit aggravated sexual abuse, or an attempt to kill, the person shall be fined under title 18, United States Code, imprisoned for any term of years or for life, or both. (6) Subsequent violations Except to the extent that a greater maximum penalty is otherwise provided for in this section, a person who is convicted for any subsequent violation of this Act or any regulation under this Act shall be fined under title 18, United States Code, imprisoned not more than 3 years, or both. ; and (2) by adding at the end the following: (c) Recordkeeping and wage requirements Any person who knowingly and with intent to defraud violates section 201(a), 201(f), 301(a), or 301(f), or who knowingly and willfully violates section 202 or 302, shall be fined under title 18, United States Code, imprisoned not more than 5 years, or both. (d) Obstruction offenses Any person who obstructs, attempts to obstruct, interferes with, or prevents the enforcement of this section, shall be subject to the same fines and penalties as those prescribed for the underlying offense involved.. 5108. Directive to the United States Sentencing Commission (a) In general Pursuant to its authority under section 994 of title 28, United States Code, the United States Sentencing Commission, in accordance with subsection (b), shall promulgate sentencing guidelines or amend existing sentencing guidelines to increase the penalties imposed on persons convicted of offenses under— (1) section 274A of the Immigration and Nationality Act ( 8 U.S.C. 1324a ); (2) section 501 of the Migrant and Seasonal Agricultural Worker Protection Act ( 29 U.S.C. 1851 ); (3) section 16 of the Fair Labor Standards Act of 1938 ( 29 U.S.C. 216 ); and (4) any other Federal law covering conduct similar to the conduct prohibited under the provisions of law referred to in paragraphs (1) through (3). (b) Requirements In carrying out subsection (a), the Sentencing Commission shall provide sentencing enhancements for any person convicted of an offense referred to in subsection (a) if such offense involves— (1) the confiscation of identification documents; (2) corruption, bribery, extortion, or robbery; (3) sexual abuse; (4) serious bodily injury; (5) an intent to defraud; or (6) a pattern of conduct involving multiple violations of law that— (A) creates a risk to the health or safety of any victim; or (B) denies payments due to victims for work completed. 5109. Labor Law Enforcement Fund (a) In general Section 286 of the Immigration and Nationality Act ( 8 U.S.C. 1356 ) is amended by adding at the end the following: (w) Labor Law Enforcement Account (1) In general There is established in the general fund of the Treasury a separate account, which shall be known as the Labor Law Enforcement Account (referred to in this subsection as the Account ). (2) Deposits There shall be deposited as offsetting receipts into the Account penalties imposed under section 274A(a)(7). (3) Expenditures Amounts deposited into the Account shall be made available to the Secretary of Labor to ensure compliance with workplace laws, including by random audits of such employers, in industries that have a history of significant employment of unauthorized workers or nonimmigrant workers pursuant to subclause (a) or (b) of section 101(a)(15)(H)(ii).. (b) Authorization of appropriations (1) In general There are authorized to be appropriated such sums as may be necessary to carry out this title and the amendments made by this title (other than the amendment made by subsection (a)). (2) Availability of funds (A) In general Except as provided in subparagraph (B), amounts authorized to carry out the programs, projects, and activities recommended by the Commission may not be expended before— (i) the date that is 60 days after the submission of the report required under section 5101(e); or (ii) the date that is 2 years and 60 days after the date of the enactment of this Act. (B) Administrative expenses Notwithstanding subparagraph (A), amounts referred to in that subparagraph may be expended for minimal administrative expenses directly associated with— (i) convening the public hearings required under section 5101(c)(2)(A); and (ii) preparing and providing summaries of such hearings in accordance with section 5101(c)(2)(B).
397,899
[ "Intelligence (Permanent Select) Committee", "Energy and Commerce Committee", "Homeland Security Committee", "Foreign Affairs Committee", "Oversight and Accountability Committee", "Natural Resources Committee", "Financial Services Committee", "Committee on House Administration", "Education and the Workforce Committee", "Armed Services Committee", "Ways and Means Committee", "Judiciary Committee" ]
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To require the Secretary of the Treasury to mint coins in commemoration of the 2028 Olympic and Paralympic Games in Los Angeles, California.
[ { "text": "1. Short title \nThis Act may be cited as the LA28 Olympic and Paralympic Games Commemorative Coin Act.", "id": "H11B204505F0A4F4ABAC1E5136774326A", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Findings \nCongress finds the following: (1) The 2028 Olympic and Paralympic Games, officially known as the Games of the XXXIV Olympiad or LA28 , will be held in Los Angeles, California. (2) This will be the first time the Olympic and Paralympic Games have been held in the United States in 26 years. (3) The United States has hosted the modern Olympic Games 9 times, with the 2028 Games becoming the third time Los Angeles will host the summer Olympic Games. (4) The Paralympic Games will celebrate its 80th anniversary in 2028, with Los Angeles hosting the Paralympic Games for the first time. (5) Unlike some other countries, Olympic Games in the United States are privately funded. The LA28 Games maintain this model with its revenue generated by corporate partners, broadcast rights, licensing, hospitality and ticket sales. (6) With Los Angeles hosting the Paralympic Games for the first time in 2028, the 2028 Olympic and Paralympic Games Commemorative Coin Program has the opportunity to increase awareness and create more inclusivity for people with disabilities with the creation of a single, unifying coin to commemorate the Games.", "id": "H2818160A2A1146869C69DD1F862A29FD", "header": "Findings", "nested": [], "links": [] }, { "text": "3. Coin specifications \n(a) Denominations \nThe Secretary of the Treasury (in this Act referred to as the Secretary ) shall mint and issue the following coins in commemoration of the 2028 Olympic and Paralympic Games in Los Angeles, California: (1) $5 Gold coins \nNot more than 100,000 $5 coins, each of which shall— (A) weigh 8.359 grams; (B) have a diameter of 0.850 inches; and (C) contain not less than 90 percent gold. (2) $1 silver coins \nNot more than 500,000 $1 coins, each of which shall— (A) weigh 26.73 grams; (B) have a diameter of 1.500 inches; and (C) contain not less than 90 percent silver. (3) Half-dollar clad coins \nNot more than 300,000 half-dollar coins, each of which shall— (A) weigh 11.34 grams; (B) have a diameter of 1.205 inches; and (C) be minted to the specifications for half-dollar coins contained in section 5112(b) of title 31, United States Code. (4) Proof silver $1 coins \nNot more than 100,000 proof silver $1 coins, each of which shall— (A) weigh 5 ounces; (B) have a diameter of 3 inches; and (C) contain.999 fine silver. (b) Legal tender \nThe coins minted under this Act shall be legal tender, as provided in section 5103 of title 31, United States Code. (c) Numismatic items \nFor purposes of section 5134 of title 31, United States Code, all coins minted under this Act shall be considered to be numismatic items. (d) Mintage limit exception \nIf the Secretary determines, based on independent, market based research conducted by the U.S. Olympic and Paralympic Committee, that the mintage levels described under this subsection are not adequate to meet public demand, the Secretary may increase the mintage levels as the Secretary determines is necessary to meet public demand.", "id": "H4B7CC9AB615145B7905F60DA4546DD19", "header": "Coin specifications", "nested": [ { "text": "(a) Denominations \nThe Secretary of the Treasury (in this Act referred to as the Secretary ) shall mint and issue the following coins in commemoration of the 2028 Olympic and Paralympic Games in Los Angeles, California: (1) $5 Gold coins \nNot more than 100,000 $5 coins, each of which shall— (A) weigh 8.359 grams; (B) have a diameter of 0.850 inches; and (C) contain not less than 90 percent gold. (2) $1 silver coins \nNot more than 500,000 $1 coins, each of which shall— (A) weigh 26.73 grams; (B) have a diameter of 1.500 inches; and (C) contain not less than 90 percent silver. (3) Half-dollar clad coins \nNot more than 300,000 half-dollar coins, each of which shall— (A) weigh 11.34 grams; (B) have a diameter of 1.205 inches; and (C) be minted to the specifications for half-dollar coins contained in section 5112(b) of title 31, United States Code. (4) Proof silver $1 coins \nNot more than 100,000 proof silver $1 coins, each of which shall— (A) weigh 5 ounces; (B) have a diameter of 3 inches; and (C) contain.999 fine silver.", "id": "H3BC2DD5BF7E54669917E2EA5E4A0880A", "header": "Denominations", "nested": [], "links": [] }, { "text": "(b) Legal tender \nThe coins minted under this Act shall be legal tender, as provided in section 5103 of title 31, United States Code.", "id": "HE647C82BD83E42BB9DBF3EEC030C03EC", "header": "Legal tender", "nested": [], "links": [] }, { "text": "(c) Numismatic items \nFor purposes of section 5134 of title 31, United States Code, all coins minted under this Act shall be considered to be numismatic items.", "id": "HB85201C3A009401BBD9599C9F3566839", "header": "Numismatic items", "nested": [], "links": [] }, { "text": "(d) Mintage limit exception \nIf the Secretary determines, based on independent, market based research conducted by the U.S. Olympic and Paralympic Committee, that the mintage levels described under this subsection are not adequate to meet public demand, the Secretary may increase the mintage levels as the Secretary determines is necessary to meet public demand.", "id": "H255411F8ED6A47BC8053D1CEA9CD6038", "header": "Mintage limit exception", "nested": [], "links": [] } ], "links": [] }, { "text": "4. Design of coins \n(a) Design requirements \n(1) In general \nThe design of the coins minted under this Act shall be emblematic of the participation of United States athletes in the LA28 Games. (2) Designation and inscriptions \nOn each coin minted under this Act there shall be— (A) a designation of the value of the coin; (B) an inscription of the year 2028 ; and (C) inscriptions of the words Liberty, In God We Trust, United States of America, and E Pluribus Unum. (3) Selection of designs \nThe designs for the coins minted under this Act shall be— (A) selected by the Secretary after consultation with— (i) the United States Olympic and Paralympic Properties; and (ii) the Commission of Fine Arts; and (B) reviewed by the Citizens Coinage Advisory Committee.", "id": "H8CD2989A052B4345B1E7A9028F3B6FC2", "header": "Design of coins", "nested": [ { "text": "(a) Design requirements \n(1) In general \nThe design of the coins minted under this Act shall be emblematic of the participation of United States athletes in the LA28 Games. (2) Designation and inscriptions \nOn each coin minted under this Act there shall be— (A) a designation of the value of the coin; (B) an inscription of the year 2028 ; and (C) inscriptions of the words Liberty, In God We Trust, United States of America, and E Pluribus Unum. (3) Selection of designs \nThe designs for the coins minted under this Act shall be— (A) selected by the Secretary after consultation with— (i) the United States Olympic and Paralympic Properties; and (ii) the Commission of Fine Arts; and (B) reviewed by the Citizens Coinage Advisory Committee.", "id": "H964FA46B74D84F1DB19A77A166A54513", "header": "Design requirements", "nested": [], "links": [] } ], "links": [] }, { "text": "5. Issuance of coins \n(a) Quality of coins \nThe Secretary may issue coins minted under this Act in uncirculated and proof qualities. (b) Period of issuance \nThe Secretary may issue coins minted under this Act only during the 1-year period beginning on January 1, 2028.", "id": "HD5604EFFA37645AC85FE6764F7BBD033", "header": "Issuance of coins", "nested": [ { "text": "(a) Quality of coins \nThe Secretary may issue coins minted under this Act in uncirculated and proof qualities.", "id": "H692743E813DC4BEEA452BBA754AAB84D", "header": "Quality of coins", "nested": [], "links": [] }, { "text": "(b) Period of issuance \nThe Secretary may issue coins minted under this Act only during the 1-year period beginning on January 1, 2028.", "id": "HB9347EE13AFA4C379122E0D00563EE9A", "header": "Period of issuance", "nested": [], "links": [] } ], "links": [] }, { "text": "6. Sale of coins \n(a) Sale price \nThe coins issued under this Act shall be sold by the Secretary at a price equal to the sum of— (1) the face value of the coins; (2) the surcharge provided in section 7(a) with respect to such coins; and (3) the cost of designing and issuing such coins (including labor, materials, dies, use of machinery, overhead expenses, and marketing, and shipping). (b) Bulk sales \nThe Secretary shall make bulk sales of the coins issued under this Act at a reasonable discount. (c) Prepaid orders \n(1) In general \nThe Secretary shall accept prepaid orders for the coins minted under this Act before the issuance of such coins. (2) Discount \nSales with respect to prepaid orders under paragraph (1) shall be at a reasonable discount.", "id": "H61B0795C3F62493A991EE5FF74DE4BF3", "header": "Sale of coins", "nested": [ { "text": "(a) Sale price \nThe coins issued under this Act shall be sold by the Secretary at a price equal to the sum of— (1) the face value of the coins; (2) the surcharge provided in section 7(a) with respect to such coins; and (3) the cost of designing and issuing such coins (including labor, materials, dies, use of machinery, overhead expenses, and marketing, and shipping).", "id": "H26E2B54F5DF24058906D16945BA742CB", "header": "Sale price", "nested": [], "links": [] }, { "text": "(b) Bulk sales \nThe Secretary shall make bulk sales of the coins issued under this Act at a reasonable discount.", "id": "HA6B5CF92DC5A477BB38E439E1FBB8D99", "header": "Bulk sales", "nested": [], "links": [] }, { "text": "(c) Prepaid orders \n(1) In general \nThe Secretary shall accept prepaid orders for the coins minted under this Act before the issuance of such coins. (2) Discount \nSales with respect to prepaid orders under paragraph (1) shall be at a reasonable discount.", "id": "HA5BA03ECA7594B4FACF7898778E67F08", "header": "Prepaid orders", "nested": [], "links": [] } ], "links": [] }, { "text": "7. Surcharges \n(a) In general \nAll sales of coins issued under this Act shall include a surcharge of— (1) $35 per coin for the $5 coin; (2) $10 per coin for the $1 coin described under section 3(a)(2); (3) $5 per coin for the half-dollar coin; and (4) $50 per coin for the $1 proof silver coin. (b) Distribution \nSubject to section 5134(f) of title 31, United States Code, all surcharges received by the Secretary from the sale of coins issued under this Act shall be promptly paid by the Secretary to the United States Olympic and Paralympic Properties for the objects and purposes related to the hosting of the 2028 Olympic and Paralympic Games and to aid in the execution of its legacy programs, including the promotion of youth sports in the United States. (c) Audits \nThe United States Olympic and Paralympic Properties shall be subject to the audit requirements of section 5134(f)(2) of title 31, United States Code, with regard to the amounts received under subsection (b). (d) Limitation \nNotwithstanding subsection (a), no surcharge may be included with respect to the issuance under this Act of any coin during a calendar year if, as of the time of such issuance, the issuance of such coin would result in the number of commemorative coin programs issued during such year to exceed the annual 2 commemorative coin programs issuance limitation under section 5112(m)(1) of title 31, United States Code (as in effect on the date of the enactment of this Act). The Secretary may issue guidance to carry out this subsection.", "id": "H9549890ADA104291A95942672DDEE45A", "header": "Surcharges", "nested": [ { "text": "(a) In general \nAll sales of coins issued under this Act shall include a surcharge of— (1) $35 per coin for the $5 coin; (2) $10 per coin for the $1 coin described under section 3(a)(2); (3) $5 per coin for the half-dollar coin; and (4) $50 per coin for the $1 proof silver coin.", "id": "HE38296A88E1C49DDAA464CA82A9BA74A", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Distribution \nSubject to section 5134(f) of title 31, United States Code, all surcharges received by the Secretary from the sale of coins issued under this Act shall be promptly paid by the Secretary to the United States Olympic and Paralympic Properties for the objects and purposes related to the hosting of the 2028 Olympic and Paralympic Games and to aid in the execution of its legacy programs, including the promotion of youth sports in the United States.", "id": "H6920EA65B6F04F97940C8218AE037612", "header": "Distribution", "nested": [], "links": [] }, { "text": "(c) Audits \nThe United States Olympic and Paralympic Properties shall be subject to the audit requirements of section 5134(f)(2) of title 31, United States Code, with regard to the amounts received under subsection (b).", "id": "H46A021544FFA4684894B425BDE62CFF3", "header": "Audits", "nested": [], "links": [] }, { "text": "(d) Limitation \nNotwithstanding subsection (a), no surcharge may be included with respect to the issuance under this Act of any coin during a calendar year if, as of the time of such issuance, the issuance of such coin would result in the number of commemorative coin programs issued during such year to exceed the annual 2 commemorative coin programs issuance limitation under section 5112(m)(1) of title 31, United States Code (as in effect on the date of the enactment of this Act). The Secretary may issue guidance to carry out this subsection.", "id": "HC3CF2FF7F2A34C27A0680CA3594C00E9", "header": "Limitation", "nested": [], "links": [] } ], "links": [] }, { "text": "8. Marketing and financial assurances \n(a) In general \nThe Secretary shall take such actions as may be necessary to ensure that— (1) minting and issuing coins under this Act result in no net cost to the Federal Government; and (2) no funds, including applicable surcharges, shall be disburses to any recipient designated in section 7(b) until the total cost of designing and issuing all of the coins authorized by this Act, including labor, materials, dies, use of machinery, overhead expenses, marketing and shipping, is recovered by the United States Treasury, consistent with sections 5112(m) and 5134(f) of title 31, United States Code. (b) Marketing and educational program \nThe Secretary is encouraged to develop and execute a marketing and educational program, including appropriate cooperative marketing opportunities with the United States Olympic and Paralympic Properties and its licensees, to promote and sell the coins authorized under this Act.", "id": "H783BF6B0F7D74D948991B05D94ABF621", "header": "Marketing and financial assurances", "nested": [ { "text": "(a) In general \nThe Secretary shall take such actions as may be necessary to ensure that— (1) minting and issuing coins under this Act result in no net cost to the Federal Government; and (2) no funds, including applicable surcharges, shall be disburses to any recipient designated in section 7(b) until the total cost of designing and issuing all of the coins authorized by this Act, including labor, materials, dies, use of machinery, overhead expenses, marketing and shipping, is recovered by the United States Treasury, consistent with sections 5112(m) and 5134(f) of title 31, United States Code.", "id": "H0E16AD1A596E46D4BCF89C0FA544D06D", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Marketing and educational program \nThe Secretary is encouraged to develop and execute a marketing and educational program, including appropriate cooperative marketing opportunities with the United States Olympic and Paralympic Properties and its licensees, to promote and sell the coins authorized under this Act.", "id": "H5C8001971D14406FAE04DF7B10AEB3FB", "header": "Marketing and educational program", "nested": [], "links": [] } ], "links": [] } ]
8
1. Short title This Act may be cited as the LA28 Olympic and Paralympic Games Commemorative Coin Act. 2. Findings Congress finds the following: (1) The 2028 Olympic and Paralympic Games, officially known as the Games of the XXXIV Olympiad or LA28 , will be held in Los Angeles, California. (2) This will be the first time the Olympic and Paralympic Games have been held in the United States in 26 years. (3) The United States has hosted the modern Olympic Games 9 times, with the 2028 Games becoming the third time Los Angeles will host the summer Olympic Games. (4) The Paralympic Games will celebrate its 80th anniversary in 2028, with Los Angeles hosting the Paralympic Games for the first time. (5) Unlike some other countries, Olympic Games in the United States are privately funded. The LA28 Games maintain this model with its revenue generated by corporate partners, broadcast rights, licensing, hospitality and ticket sales. (6) With Los Angeles hosting the Paralympic Games for the first time in 2028, the 2028 Olympic and Paralympic Games Commemorative Coin Program has the opportunity to increase awareness and create more inclusivity for people with disabilities with the creation of a single, unifying coin to commemorate the Games. 3. Coin specifications (a) Denominations The Secretary of the Treasury (in this Act referred to as the Secretary ) shall mint and issue the following coins in commemoration of the 2028 Olympic and Paralympic Games in Los Angeles, California: (1) $5 Gold coins Not more than 100,000 $5 coins, each of which shall— (A) weigh 8.359 grams; (B) have a diameter of 0.850 inches; and (C) contain not less than 90 percent gold. (2) $1 silver coins Not more than 500,000 $1 coins, each of which shall— (A) weigh 26.73 grams; (B) have a diameter of 1.500 inches; and (C) contain not less than 90 percent silver. (3) Half-dollar clad coins Not more than 300,000 half-dollar coins, each of which shall— (A) weigh 11.34 grams; (B) have a diameter of 1.205 inches; and (C) be minted to the specifications for half-dollar coins contained in section 5112(b) of title 31, United States Code. (4) Proof silver $1 coins Not more than 100,000 proof silver $1 coins, each of which shall— (A) weigh 5 ounces; (B) have a diameter of 3 inches; and (C) contain.999 fine silver. (b) Legal tender The coins minted under this Act shall be legal tender, as provided in section 5103 of title 31, United States Code. (c) Numismatic items For purposes of section 5134 of title 31, United States Code, all coins minted under this Act shall be considered to be numismatic items. (d) Mintage limit exception If the Secretary determines, based on independent, market based research conducted by the U.S. Olympic and Paralympic Committee, that the mintage levels described under this subsection are not adequate to meet public demand, the Secretary may increase the mintage levels as the Secretary determines is necessary to meet public demand. 4. Design of coins (a) Design requirements (1) In general The design of the coins minted under this Act shall be emblematic of the participation of United States athletes in the LA28 Games. (2) Designation and inscriptions On each coin minted under this Act there shall be— (A) a designation of the value of the coin; (B) an inscription of the year 2028 ; and (C) inscriptions of the words Liberty, In God We Trust, United States of America, and E Pluribus Unum. (3) Selection of designs The designs for the coins minted under this Act shall be— (A) selected by the Secretary after consultation with— (i) the United States Olympic and Paralympic Properties; and (ii) the Commission of Fine Arts; and (B) reviewed by the Citizens Coinage Advisory Committee. 5. Issuance of coins (a) Quality of coins The Secretary may issue coins minted under this Act in uncirculated and proof qualities. (b) Period of issuance The Secretary may issue coins minted under this Act only during the 1-year period beginning on January 1, 2028. 6. Sale of coins (a) Sale price The coins issued under this Act shall be sold by the Secretary at a price equal to the sum of— (1) the face value of the coins; (2) the surcharge provided in section 7(a) with respect to such coins; and (3) the cost of designing and issuing such coins (including labor, materials, dies, use of machinery, overhead expenses, and marketing, and shipping). (b) Bulk sales The Secretary shall make bulk sales of the coins issued under this Act at a reasonable discount. (c) Prepaid orders (1) In general The Secretary shall accept prepaid orders for the coins minted under this Act before the issuance of such coins. (2) Discount Sales with respect to prepaid orders under paragraph (1) shall be at a reasonable discount. 7. Surcharges (a) In general All sales of coins issued under this Act shall include a surcharge of— (1) $35 per coin for the $5 coin; (2) $10 per coin for the $1 coin described under section 3(a)(2); (3) $5 per coin for the half-dollar coin; and (4) $50 per coin for the $1 proof silver coin. (b) Distribution Subject to section 5134(f) of title 31, United States Code, all surcharges received by the Secretary from the sale of coins issued under this Act shall be promptly paid by the Secretary to the United States Olympic and Paralympic Properties for the objects and purposes related to the hosting of the 2028 Olympic and Paralympic Games and to aid in the execution of its legacy programs, including the promotion of youth sports in the United States. (c) Audits The United States Olympic and Paralympic Properties shall be subject to the audit requirements of section 5134(f)(2) of title 31, United States Code, with regard to the amounts received under subsection (b). (d) Limitation Notwithstanding subsection (a), no surcharge may be included with respect to the issuance under this Act of any coin during a calendar year if, as of the time of such issuance, the issuance of such coin would result in the number of commemorative coin programs issued during such year to exceed the annual 2 commemorative coin programs issuance limitation under section 5112(m)(1) of title 31, United States Code (as in effect on the date of the enactment of this Act). The Secretary may issue guidance to carry out this subsection. 8. Marketing and financial assurances (a) In general The Secretary shall take such actions as may be necessary to ensure that— (1) minting and issuing coins under this Act result in no net cost to the Federal Government; and (2) no funds, including applicable surcharges, shall be disburses to any recipient designated in section 7(b) until the total cost of designing and issuing all of the coins authorized by this Act, including labor, materials, dies, use of machinery, overhead expenses, marketing and shipping, is recovered by the United States Treasury, consistent with sections 5112(m) and 5134(f) of title 31, United States Code. (b) Marketing and educational program The Secretary is encouraged to develop and execute a marketing and educational program, including appropriate cooperative marketing opportunities with the United States Olympic and Paralympic Properties and its licensees, to promote and sell the coins authorized under this Act.
7,240
[ "Financial Services Committee" ]
118hr197ih
118
hr
197
ih
To amend title XVIII of the Social Security Act to include store-and-forward technologies as telecommunications systems through which telehealth services may be furnished for payment under the Medicare program.
[ { "text": "1. Short title \nThis Act may be cited as the Rural Telehealth Expansion Act.", "id": "H4ABE5BA071EB48E2A42DF92F42AC7A37", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Medicare payment for store-and-forward technologies used to furnish telehealth services \nSection 1834(m)(1) of the Social Security Act ( 42 U.S.C. 1395m(m)(1) ) is amended by striking in the case of any Federal telemedicine demonstration program conducted in Alaska or Hawaii,.", "id": "HA27B4E7EB2834B91B04ECDF233723E77", "header": "Medicare payment for store-and-forward technologies used to furnish telehealth services", "nested": [], "links": [ { "text": "42 U.S.C. 1395m(m)(1)", "legal-doc": "usc", "parsable-cite": "usc/42/1395m" } ] } ]
2
1. Short title This Act may be cited as the Rural Telehealth Expansion Act. 2. Medicare payment for store-and-forward technologies used to furnish telehealth services Section 1834(m)(1) of the Social Security Act ( 42 U.S.C. 1395m(m)(1) ) is amended by striking in the case of any Federal telemedicine demonstration program conducted in Alaska or Hawaii,.
357
[ "Energy and Commerce Committee", "Ways and Means Committee" ]
118hr6587ih
118
hr
6,587
ih
To amend the Workforce Innovation and Opportunity Act to enhance technical assistance and support for communities impacted by substance use disorders.
[ { "text": "1. Short title \nThis Act may be cited as the Opioid Crisis Workforce Act.", "id": "H5BD4E4E74184439D881EA0B3806707F3", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Technical assistance \nSection 168 of the Workforce Innovation and Opportunity Act ( 29 U.S.C. 3223 ) is amended by adding at the end the following: (d) Communities impacted by opioid addiction and other substance use disorders \nThe Secretary shall, as a part of the activities described in subsection (c)(2), evaluate and disseminate to States and local areas information regarding promising and proven practices for addressing the economic and workforce impacts associated with high-rates of opioid addiction and other substance use disorders. Such information shall be updated annually to reflect the most recent and available research, include information shared by States and local areas regarding effective practices, and include information on how States and local areas experiencing high rates of opioid addiction can apply for funding available under section 170(b) to enhance their ability to implement such practices..", "id": "H60D1667567BC460496C6B39DDB2CE272", "header": "Technical assistance", "nested": [], "links": [ { "text": "29 U.S.C. 3223", "legal-doc": "usc", "parsable-cite": "usc/29/3223" } ] }, { "text": "3. Opioid crisis national dislocated worker grants \nSection 170 of the Workforce Innovation and Opportunity Act ( 29 U.S.C. 3225 ) is amended— (1) in subsection (b)(1)— (A) in subparagraph (C), by striking and at the end; (B) in subparagraph (D)(ii), by striking the period at the end and inserting ; and ; and (C) by adding at the end the following: (E) to an entity described in subsection (c)(1)(B) to provide employment and training activities related to the prevention and treatment of opioid use disorders, including addiction treatment, mental health treatment, and pain management, in an area that, as a result of widespread opioid use, addiction, and overdoses, has higher-than-average demand for such activities that exceeds the availability of State and local resources to provide such activities. ; and (2) in subsection (c)(2)— (A) in subparagraph (A)— (B) by redesignating subparagraphs (C) and (D) as subparagraphs (D) and (E), respectively; and (C) by inserting after subparagraph (B) the following: (C) Opioid-related grants \nIn order to be eligible to receive employment and training assistance under a national dislocated worker grant awarded pursuant to subsection (b)(1)(E), an individual shall be— (i) a dislocated worker; (ii) a long-term unemployed individual; (iii) an individual who is unemployed or significantly underemployed as a result of widespread opioid use in the area; or (iv) an individual who is employed or seeking employment in a health care profession involved in the prevention and treatment of opioid use disorders, including such professions that provide addiction treatment, mental health treatment, or pain management..", "id": "H360C1A411D5342309B1CD325CD7D2EE2", "header": "Opioid crisis national dislocated worker grants", "nested": [], "links": [ { "text": "29 U.S.C. 3225", "legal-doc": "usc", "parsable-cite": "usc/29/3225" } ] } ]
3
1. Short title This Act may be cited as the Opioid Crisis Workforce Act. 2. Technical assistance Section 168 of the Workforce Innovation and Opportunity Act ( 29 U.S.C. 3223 ) is amended by adding at the end the following: (d) Communities impacted by opioid addiction and other substance use disorders The Secretary shall, as a part of the activities described in subsection (c)(2), evaluate and disseminate to States and local areas information regarding promising and proven practices for addressing the economic and workforce impacts associated with high-rates of opioid addiction and other substance use disorders. Such information shall be updated annually to reflect the most recent and available research, include information shared by States and local areas regarding effective practices, and include information on how States and local areas experiencing high rates of opioid addiction can apply for funding available under section 170(b) to enhance their ability to implement such practices.. 3. Opioid crisis national dislocated worker grants Section 170 of the Workforce Innovation and Opportunity Act ( 29 U.S.C. 3225 ) is amended— (1) in subsection (b)(1)— (A) in subparagraph (C), by striking and at the end; (B) in subparagraph (D)(ii), by striking the period at the end and inserting ; and ; and (C) by adding at the end the following: (E) to an entity described in subsection (c)(1)(B) to provide employment and training activities related to the prevention and treatment of opioid use disorders, including addiction treatment, mental health treatment, and pain management, in an area that, as a result of widespread opioid use, addiction, and overdoses, has higher-than-average demand for such activities that exceeds the availability of State and local resources to provide such activities. ; and (2) in subsection (c)(2)— (A) in subparagraph (A)— (B) by redesignating subparagraphs (C) and (D) as subparagraphs (D) and (E), respectively; and (C) by inserting after subparagraph (B) the following: (C) Opioid-related grants In order to be eligible to receive employment and training assistance under a national dislocated worker grant awarded pursuant to subsection (b)(1)(E), an individual shall be— (i) a dislocated worker; (ii) a long-term unemployed individual; (iii) an individual who is unemployed or significantly underemployed as a result of widespread opioid use in the area; or (iv) an individual who is employed or seeking employment in a health care profession involved in the prevention and treatment of opioid use disorders, including such professions that provide addiction treatment, mental health treatment, or pain management..
2,670
[ "Education and the Workforce Committee" ]
118hr4965ih
118
hr
4,965
ih
To create and disseminate best practices regarding safe firearm storage, to create a grant program for the distribution of safe storage devices, and for other purposes.
[ { "text": "1. Short title \nThis Act may be cited as the Kimberly Vaughan Firearm Safe Storage Act.", "id": "HF5BC7FE5F96C4F188642DC8D0747E3DC", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Best practices for safe firearm storage \n(a) Establishment \n(1) In general \nNot later than 180 days after the date of the enactment of this Act, the Attorney General shall establish voluntary best practices relating to safe firearm storage solely for the purpose of public education. (2) Public notice; hearing \nThe Attorney General shall give not less than 90 days public notice, and shall afford interested parties opportunity for hearing, before establishing the best practices. (b) Requirements \nIn establishing the best practices under subsection (a), the Attorney General shall outline the best practices for preventing firearm loss, theft, and other unauthorized access for the following locations: (1) Businesses. (2) Vehicles. (3) Private homes. (4) Off-site storage facilities. (5) Any other place about which the Attorney General deems appropriate to provide such guidance. (c) Publication \nNot later than 1 year after the date of the enactment of this Act, the Attorney General shall publish, in print and on a public website, the best practices established under subsection (a), and shall review and update the best practices not less often than annually.", "id": "H020403B0B7B042CB85ECBC0120231DCA", "header": "Best practices for safe firearm storage", "nested": [ { "text": "(a) Establishment \n(1) In general \nNot later than 180 days after the date of the enactment of this Act, the Attorney General shall establish voluntary best practices relating to safe firearm storage solely for the purpose of public education. (2) Public notice; hearing \nThe Attorney General shall give not less than 90 days public notice, and shall afford interested parties opportunity for hearing, before establishing the best practices.", "id": "H3BF2BCF26478469198C41CC08D9622D4", "header": "Establishment", "nested": [], "links": [] }, { "text": "(b) Requirements \nIn establishing the best practices under subsection (a), the Attorney General shall outline the best practices for preventing firearm loss, theft, and other unauthorized access for the following locations: (1) Businesses. (2) Vehicles. (3) Private homes. (4) Off-site storage facilities. (5) Any other place about which the Attorney General deems appropriate to provide such guidance.", "id": "H7923990DFBEC4CA48FBC61D5557B8D8C", "header": "Requirements", "nested": [], "links": [] }, { "text": "(c) Publication \nNot later than 1 year after the date of the enactment of this Act, the Attorney General shall publish, in print and on a public website, the best practices established under subsection (a), and shall review and update the best practices not less often than annually.", "id": "H856882D81CA04D419E80750F869E6623", "header": "Publication", "nested": [], "links": [] } ], "links": [] }, { "text": "3. Promotion of safe firearm storage \n(a) In general \nSection 923 of title 18, United States Code, is amended by adding at the end the following: (m) Beginning January 1, 2025, a licensed manufacturer or licensed importer that serializes not fewer than 250 firearms annually pursuant to subsection (i) shall provide with each manufactured or imported handgun, rifle, or shotgun a clear and conspicuous written notice that— (1) is attached or adhered to, or appears on or within any packaging of, the handgun, rifle, or shotgun; and (2) states SAFE STORAGE SAVES LIVES followed by the address of the public website established by the Attorney General pursuant to section 2 of the Kimberly Vaughan Firearm Safe Storage Act..", "id": "HE47E52571B124A7B9EE83D416FBC5CB9", "header": "Promotion of safe firearm storage", "nested": [ { "text": "(a) In general \nSection 923 of title 18, United States Code, is amended by adding at the end the following: (m) Beginning January 1, 2025, a licensed manufacturer or licensed importer that serializes not fewer than 250 firearms annually pursuant to subsection (i) shall provide with each manufactured or imported handgun, rifle, or shotgun a clear and conspicuous written notice that— (1) is attached or adhered to, or appears on or within any packaging of, the handgun, rifle, or shotgun; and (2) states SAFE STORAGE SAVES LIVES followed by the address of the public website established by the Attorney General pursuant to section 2 of the Kimberly Vaughan Firearm Safe Storage Act..", "id": "HC706064CA1D7448C940E231CF7C0DE38", "header": "In general", "nested": [], "links": [] } ], "links": [] }, { "text": "4. Safe storage devices for all firearm sales \n(a) In general \nSection 922(z) of title 18, United States Code, is amended by striking handgun each place it appears and inserting handgun, rifle, or shotgun. (b) Effective date \nThe amendments made by this section shall take effect on the date that is 180 days after the date of the enactment of this Act.", "id": "H25C96908099F487C8D4272FBC31D9F46", "header": "Safe storage devices for all firearm sales", "nested": [ { "text": "(a) In general \nSection 922(z) of title 18, United States Code, is amended by striking handgun each place it appears and inserting handgun, rifle, or shotgun.", "id": "HA6270D2B34344A32A0BD592ED4515602", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Effective date \nThe amendments made by this section shall take effect on the date that is 180 days after the date of the enactment of this Act.", "id": "H630C6EBDB51440D997F59ED90E326DD6", "header": "Effective date", "nested": [], "links": [] } ], "links": [] }, { "text": "5. Safe firearm storage grant program \n(a) In general \nThe Attorney General may award grants to States and Indian Tribes for the development, implementation, and evaluation of Safe Firearm Storage Assistance Programs. (b) Application requirements \nEach applicant for a grant under this section shall— (1) submit to the Attorney General an application at such time, in such a manner, and containing such information as the Attorney General may require; and (2) to the extent practicable, identify State, local, Tribal, and private funds available to supplement the funds received under this section. (c) Reporting requirements \n(1) Grantee report \n(A) In general \nA recipient of a grant under this section shall submit to the Attorney General an annual report that includes the following information: (i) The amount distributed to each Safe Firearm Storage Assistance Program in the jurisdiction of the grant recipient. (ii) The number of safe firearm storage devices distributed by each such Safe Firearm Storage Assistance Program. (B) Prohibition \nA recipient of a grant under this section shall not include in a report under subparagraph (A) any personally identifying information of a recipient of a safe firearms storage device pursuant to a Safe Firearm Storage Assistance Program funded under this section. (2) Attorney general report \nBeginning 13 months after the date grants are first awarded under this section, and annually thereafter, the Attorney General shall submit to the Congress a report that includes the following: (A) A list of grant recipients during the preceding year, including the funds awarded, cumulatively and disaggregated by grantee. (B) The information submitted pursuant to paragraph (1). (d) Limitations on authorization of appropriations \nThere is authorized to be appropriated to the Attorney General to carry out this section $10,000,000 for each of fiscal years 2024 through 2034, to remain available until expended. (e) Use of funds \nA grantee to which funds are awarded under this section— (1) shall use not less than 75 percent of the funds to create or to provide resources for Safe Firearm Storage Assistance Programs in the jurisdiction of the grantee; and (2) may make available to nonprofit organizations not more than 25 percent of the funds to partner with units of local government to purchase and distribute safe firearm storage devices. (f) Definitions \nIn this section: (1) Safe firearm storage device \nThe term safe firearm storage device means a device that— (A) is designed and marketed for the principal purpose of denying unauthorized access to, or rendering inoperable, a firearm or ammunition; (B) is secured by a combination lock, key lock, or lock based on biometric information; and (C) once locked, is incapable of being opened without the combination, key, or biometric information, respectively. (2) Safe Firearm Storage Assistance Program \nThe term Safe Firearm Storage Assistance Program means a program— (A) carried out by a unit of local government or an Indian tribe; and (B) solely for the purpose of acquiring and distributing safe firearm storage devices to the public.", "id": "H5317BD0D8CC247E5A740A77E4EB513CC", "header": "Safe firearm storage grant program", "nested": [ { "text": "(a) In general \nThe Attorney General may award grants to States and Indian Tribes for the development, implementation, and evaluation of Safe Firearm Storage Assistance Programs.", "id": "H00FD3E96DBDE4D30BB88837B13729B78", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Application requirements \nEach applicant for a grant under this section shall— (1) submit to the Attorney General an application at such time, in such a manner, and containing such information as the Attorney General may require; and (2) to the extent practicable, identify State, local, Tribal, and private funds available to supplement the funds received under this section.", "id": "HFFB00A87762B41DB8618CD096D832112", "header": "Application requirements", "nested": [], "links": [] }, { "text": "(c) Reporting requirements \n(1) Grantee report \n(A) In general \nA recipient of a grant under this section shall submit to the Attorney General an annual report that includes the following information: (i) The amount distributed to each Safe Firearm Storage Assistance Program in the jurisdiction of the grant recipient. (ii) The number of safe firearm storage devices distributed by each such Safe Firearm Storage Assistance Program. (B) Prohibition \nA recipient of a grant under this section shall not include in a report under subparagraph (A) any personally identifying information of a recipient of a safe firearms storage device pursuant to a Safe Firearm Storage Assistance Program funded under this section. (2) Attorney general report \nBeginning 13 months after the date grants are first awarded under this section, and annually thereafter, the Attorney General shall submit to the Congress a report that includes the following: (A) A list of grant recipients during the preceding year, including the funds awarded, cumulatively and disaggregated by grantee. (B) The information submitted pursuant to paragraph (1).", "id": "HA71B5855E8D94A7B98ACE42EF014F201", "header": "Reporting requirements", "nested": [], "links": [] }, { "text": "(d) Limitations on authorization of appropriations \nThere is authorized to be appropriated to the Attorney General to carry out this section $10,000,000 for each of fiscal years 2024 through 2034, to remain available until expended.", "id": "H4433A13F48EA4B15BDD8A36FB92E118C", "header": "Limitations on authorization of appropriations", "nested": [], "links": [] }, { "text": "(e) Use of funds \nA grantee to which funds are awarded under this section— (1) shall use not less than 75 percent of the funds to create or to provide resources for Safe Firearm Storage Assistance Programs in the jurisdiction of the grantee; and (2) may make available to nonprofit organizations not more than 25 percent of the funds to partner with units of local government to purchase and distribute safe firearm storage devices.", "id": "H59F896BCF4024F75B6961BCBDB5D6CE4", "header": "Use of funds", "nested": [], "links": [] }, { "text": "(f) Definitions \nIn this section: (1) Safe firearm storage device \nThe term safe firearm storage device means a device that— (A) is designed and marketed for the principal purpose of denying unauthorized access to, or rendering inoperable, a firearm or ammunition; (B) is secured by a combination lock, key lock, or lock based on biometric information; and (C) once locked, is incapable of being opened without the combination, key, or biometric information, respectively. (2) Safe Firearm Storage Assistance Program \nThe term Safe Firearm Storage Assistance Program means a program— (A) carried out by a unit of local government or an Indian tribe; and (B) solely for the purpose of acquiring and distributing safe firearm storage devices to the public.", "id": "H54E3A22787434245B9E323B2DEE75D4C", "header": "Definitions", "nested": [], "links": [] } ], "links": [] } ]
5
1. Short title This Act may be cited as the Kimberly Vaughan Firearm Safe Storage Act. 2. Best practices for safe firearm storage (a) Establishment (1) In general Not later than 180 days after the date of the enactment of this Act, the Attorney General shall establish voluntary best practices relating to safe firearm storage solely for the purpose of public education. (2) Public notice; hearing The Attorney General shall give not less than 90 days public notice, and shall afford interested parties opportunity for hearing, before establishing the best practices. (b) Requirements In establishing the best practices under subsection (a), the Attorney General shall outline the best practices for preventing firearm loss, theft, and other unauthorized access for the following locations: (1) Businesses. (2) Vehicles. (3) Private homes. (4) Off-site storage facilities. (5) Any other place about which the Attorney General deems appropriate to provide such guidance. (c) Publication Not later than 1 year after the date of the enactment of this Act, the Attorney General shall publish, in print and on a public website, the best practices established under subsection (a), and shall review and update the best practices not less often than annually. 3. Promotion of safe firearm storage (a) In general Section 923 of title 18, United States Code, is amended by adding at the end the following: (m) Beginning January 1, 2025, a licensed manufacturer or licensed importer that serializes not fewer than 250 firearms annually pursuant to subsection (i) shall provide with each manufactured or imported handgun, rifle, or shotgun a clear and conspicuous written notice that— (1) is attached or adhered to, or appears on or within any packaging of, the handgun, rifle, or shotgun; and (2) states SAFE STORAGE SAVES LIVES followed by the address of the public website established by the Attorney General pursuant to section 2 of the Kimberly Vaughan Firearm Safe Storage Act.. 4. Safe storage devices for all firearm sales (a) In general Section 922(z) of title 18, United States Code, is amended by striking handgun each place it appears and inserting handgun, rifle, or shotgun. (b) Effective date The amendments made by this section shall take effect on the date that is 180 days after the date of the enactment of this Act. 5. Safe firearm storage grant program (a) In general The Attorney General may award grants to States and Indian Tribes for the development, implementation, and evaluation of Safe Firearm Storage Assistance Programs. (b) Application requirements Each applicant for a grant under this section shall— (1) submit to the Attorney General an application at such time, in such a manner, and containing such information as the Attorney General may require; and (2) to the extent practicable, identify State, local, Tribal, and private funds available to supplement the funds received under this section. (c) Reporting requirements (1) Grantee report (A) In general A recipient of a grant under this section shall submit to the Attorney General an annual report that includes the following information: (i) The amount distributed to each Safe Firearm Storage Assistance Program in the jurisdiction of the grant recipient. (ii) The number of safe firearm storage devices distributed by each such Safe Firearm Storage Assistance Program. (B) Prohibition A recipient of a grant under this section shall not include in a report under subparagraph (A) any personally identifying information of a recipient of a safe firearms storage device pursuant to a Safe Firearm Storage Assistance Program funded under this section. (2) Attorney general report Beginning 13 months after the date grants are first awarded under this section, and annually thereafter, the Attorney General shall submit to the Congress a report that includes the following: (A) A list of grant recipients during the preceding year, including the funds awarded, cumulatively and disaggregated by grantee. (B) The information submitted pursuant to paragraph (1). (d) Limitations on authorization of appropriations There is authorized to be appropriated to the Attorney General to carry out this section $10,000,000 for each of fiscal years 2024 through 2034, to remain available until expended. (e) Use of funds A grantee to which funds are awarded under this section— (1) shall use not less than 75 percent of the funds to create or to provide resources for Safe Firearm Storage Assistance Programs in the jurisdiction of the grantee; and (2) may make available to nonprofit organizations not more than 25 percent of the funds to partner with units of local government to purchase and distribute safe firearm storage devices. (f) Definitions In this section: (1) Safe firearm storage device The term safe firearm storage device means a device that— (A) is designed and marketed for the principal purpose of denying unauthorized access to, or rendering inoperable, a firearm or ammunition; (B) is secured by a combination lock, key lock, or lock based on biometric information; and (C) once locked, is incapable of being opened without the combination, key, or biometric information, respectively. (2) Safe Firearm Storage Assistance Program The term Safe Firearm Storage Assistance Program means a program— (A) carried out by a unit of local government or an Indian tribe; and (B) solely for the purpose of acquiring and distributing safe firearm storage devices to the public.
5,480
[ "Judiciary Committee" ]
118hr910ih
118
hr
910
ih
To amend section 932 of the Energy Policy Act of 2005 to create a biofuel and fuel cell vehicle research, development, and demonstration program, and for other purposes.
[ { "text": "1. Short title \nThis Act may be cited as the Biofuel Cell Research Act.", "id": "H0BB39635C7CE467581EAE78646E28955", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Biofuel and fuel cell vehicle research, development, and demonstration program \nSection 932 of the Energy Policy Act of 2005 ( 42 U.S.C. 16232 ) is amended by adding at the end the following: (i) Biofuel and fuel cell vehicle research, development, and demonstration program \n(1) In general \nThe Secretary shall establish a research, development, and demonstration program for a commercially viable fuel cell system that uses biofuel as a fuel source for a vehicle. (2) Research goals \nThe Secretary shall establish interim research and development goals that will result in the demonstration of commercially viable fuel cell systems that utilize biofuels as a fuel source, including the following: (A) Innovative stack designs and components, including— (i) catalysts; (ii) membranes and electrolytes; (iii) interconnects; (iv) seals; and (v) metal- or electrolyte-supported stack cell designs. (B) Variety of renewable energy sources, including ethanol and other biomass. (C) Technologies that enable fuel cell durability and fuel cell durability testing. (D) Systems designs and component integration that optimize efficiency, cost, transient response, and lifetime. (3) Coordination \nIn carrying out the activities under this section, the Secretary shall coordinate with— (A) appropriate Federal agencies, including the Department of Agriculture and the Department of Transportation; (B) National Laboratories; and (C) relevant industry stakeholders, non-government organizations, and trade associations..", "id": "H292FA9CFFFCC4B8D98AF161AA3C03B04", "header": "Biofuel and fuel cell vehicle research, development, and demonstration program", "nested": [], "links": [ { "text": "42 U.S.C. 16232", "legal-doc": "usc", "parsable-cite": "usc/42/16232" } ] } ]
2
1. Short title This Act may be cited as the Biofuel Cell Research Act. 2. Biofuel and fuel cell vehicle research, development, and demonstration program Section 932 of the Energy Policy Act of 2005 ( 42 U.S.C. 16232 ) is amended by adding at the end the following: (i) Biofuel and fuel cell vehicle research, development, and demonstration program (1) In general The Secretary shall establish a research, development, and demonstration program for a commercially viable fuel cell system that uses biofuel as a fuel source for a vehicle. (2) Research goals The Secretary shall establish interim research and development goals that will result in the demonstration of commercially viable fuel cell systems that utilize biofuels as a fuel source, including the following: (A) Innovative stack designs and components, including— (i) catalysts; (ii) membranes and electrolytes; (iii) interconnects; (iv) seals; and (v) metal- or electrolyte-supported stack cell designs. (B) Variety of renewable energy sources, including ethanol and other biomass. (C) Technologies that enable fuel cell durability and fuel cell durability testing. (D) Systems designs and component integration that optimize efficiency, cost, transient response, and lifetime. (3) Coordination In carrying out the activities under this section, the Secretary shall coordinate with— (A) appropriate Federal agencies, including the Department of Agriculture and the Department of Transportation; (B) National Laboratories; and (C) relevant industry stakeholders, non-government organizations, and trade associations..
1,584
[ "Science, Space, and Technology Committee" ]
118hr6370rfs
118
hr
6,370
rfs
To require the Office of Foreign Assets Control to develop a program under which private sector firms may receive a license to conduct nominal financial transactions in furtherance of the firms’ investigations, and for other purposes.
[ { "text": "1. Short title \nThis Act may be cited as the OFAC Licensure for Investigators Act.", "id": "H08EAAF3136B84DE6B4D4D7A2568C1D5C", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Sending and receiving of nominal amounts \n(a) In general \nThe Director of the Office of Foreign Assets Control shall, not later than 1 year after the date of the enactment of this section, establish a pilot program under which a private sector firm may receive a license to conduct nominal financial transactions in furtherance of the firm’s investigations. (b) Coordination \nWhen establishing and carrying out the pilot program required under subsection (a), the Director of the Office of Foreign Assets Control shall coordinate with the Director of the Financial Crimes Enforcement Network for the purposes of supporting activities of the Financial Crimes Enforcement Network Exchange, as described in section 310(d) of title 31 of the United States Code. (c) Reporting on activities \nEach private sector firm that receives a license described under subsection (a) shall submit a detailed monthly report to the Director of the Office of Foreign Assets Control on the activities of the firm conducted under such license. (d) Report to Congress \n(1) In general \nOn the date that is 1 year after the date on which the pilot program is established under this section, and annually thereafter until the end of the 1-year period beginning on the date the pilot program is terminated, the Director of the Office of Foreign Assets Control shall submit a report to the Committees on Financial Services and Foreign Affairs of the House of Representatives and the Committees on Banking, Housing, and Urban Affairs and Foreign Relations of the Senate containing— (A) the number of licenses requested under the pilot program; (B) the number of licenses granted under the pilot program; and (C) a broad discussion of the utility of the pilot program. (2) Classified briefing \nAfter submission of each report required under paragraph (1), the Director of the Office of Foreign Assets Control shall provide the Committees on Financial Services and Foreign Affairs of the House of Representatives and the Committees on Banking, Housing, and Urban Affairs and Foreign Relations of the Senate with a classified briefing containing— (A) additional detail on the applicants for a license under the pilot program; (B) identification of the firms granted a license; (C) information on the operation of the pilot program, including how long each license lasted and the personnel needed to manage the pilot program; (D) information gleaned by the Office of Foreign Assets Control from running the pilot program; (E) the utility of that information; (F) any obstacles to the operation or utility of the pilot program; and (G) any recommendations for improving or extending the pilot program. (e) Termination \nThe pilot program established by the Director of the Office of Foreign Assets Control under subsection (a) shall terminate on the date that is 5 years after the date on which the Director of the Office of Foreign Assets Control establishes such program.", "id": "H76FDD87D24ED4DA4900DB206F55C231B", "header": "Sending and receiving of nominal amounts", "nested": [ { "text": "(a) In general \nThe Director of the Office of Foreign Assets Control shall, not later than 1 year after the date of the enactment of this section, establish a pilot program under which a private sector firm may receive a license to conduct nominal financial transactions in furtherance of the firm’s investigations.", "id": "HBFA84AE9395A4C4984C83A24C0906EC9", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Coordination \nWhen establishing and carrying out the pilot program required under subsection (a), the Director of the Office of Foreign Assets Control shall coordinate with the Director of the Financial Crimes Enforcement Network for the purposes of supporting activities of the Financial Crimes Enforcement Network Exchange, as described in section 310(d) of title 31 of the United States Code.", "id": "H0D7EADD951D44B2BA1B29A1447C0A029", "header": "Coordination", "nested": [], "links": [] }, { "text": "(c) Reporting on activities \nEach private sector firm that receives a license described under subsection (a) shall submit a detailed monthly report to the Director of the Office of Foreign Assets Control on the activities of the firm conducted under such license.", "id": "H9F03F34DFB414EEBBD2AC6D5362E54A1", "header": "Reporting on activities", "nested": [], "links": [] }, { "text": "(d) Report to Congress \n(1) In general \nOn the date that is 1 year after the date on which the pilot program is established under this section, and annually thereafter until the end of the 1-year period beginning on the date the pilot program is terminated, the Director of the Office of Foreign Assets Control shall submit a report to the Committees on Financial Services and Foreign Affairs of the House of Representatives and the Committees on Banking, Housing, and Urban Affairs and Foreign Relations of the Senate containing— (A) the number of licenses requested under the pilot program; (B) the number of licenses granted under the pilot program; and (C) a broad discussion of the utility of the pilot program. (2) Classified briefing \nAfter submission of each report required under paragraph (1), the Director of the Office of Foreign Assets Control shall provide the Committees on Financial Services and Foreign Affairs of the House of Representatives and the Committees on Banking, Housing, and Urban Affairs and Foreign Relations of the Senate with a classified briefing containing— (A) additional detail on the applicants for a license under the pilot program; (B) identification of the firms granted a license; (C) information on the operation of the pilot program, including how long each license lasted and the personnel needed to manage the pilot program; (D) information gleaned by the Office of Foreign Assets Control from running the pilot program; (E) the utility of that information; (F) any obstacles to the operation or utility of the pilot program; and (G) any recommendations for improving or extending the pilot program.", "id": "HD9F39954B70543B199FE0D368B866E19", "header": "Report to Congress", "nested": [], "links": [] }, { "text": "(e) Termination \nThe pilot program established by the Director of the Office of Foreign Assets Control under subsection (a) shall terminate on the date that is 5 years after the date on which the Director of the Office of Foreign Assets Control establishes such program.", "id": "HEF29DFFE6F124AC0A0385E88344DA994", "header": "Termination", "nested": [], "links": [] } ], "links": [] } ]
2
1. Short title This Act may be cited as the OFAC Licensure for Investigators Act. 2. Sending and receiving of nominal amounts (a) In general The Director of the Office of Foreign Assets Control shall, not later than 1 year after the date of the enactment of this section, establish a pilot program under which a private sector firm may receive a license to conduct nominal financial transactions in furtherance of the firm’s investigations. (b) Coordination When establishing and carrying out the pilot program required under subsection (a), the Director of the Office of Foreign Assets Control shall coordinate with the Director of the Financial Crimes Enforcement Network for the purposes of supporting activities of the Financial Crimes Enforcement Network Exchange, as described in section 310(d) of title 31 of the United States Code. (c) Reporting on activities Each private sector firm that receives a license described under subsection (a) shall submit a detailed monthly report to the Director of the Office of Foreign Assets Control on the activities of the firm conducted under such license. (d) Report to Congress (1) In general On the date that is 1 year after the date on which the pilot program is established under this section, and annually thereafter until the end of the 1-year period beginning on the date the pilot program is terminated, the Director of the Office of Foreign Assets Control shall submit a report to the Committees on Financial Services and Foreign Affairs of the House of Representatives and the Committees on Banking, Housing, and Urban Affairs and Foreign Relations of the Senate containing— (A) the number of licenses requested under the pilot program; (B) the number of licenses granted under the pilot program; and (C) a broad discussion of the utility of the pilot program. (2) Classified briefing After submission of each report required under paragraph (1), the Director of the Office of Foreign Assets Control shall provide the Committees on Financial Services and Foreign Affairs of the House of Representatives and the Committees on Banking, Housing, and Urban Affairs and Foreign Relations of the Senate with a classified briefing containing— (A) additional detail on the applicants for a license under the pilot program; (B) identification of the firms granted a license; (C) information on the operation of the pilot program, including how long each license lasted and the personnel needed to manage the pilot program; (D) information gleaned by the Office of Foreign Assets Control from running the pilot program; (E) the utility of that information; (F) any obstacles to the operation or utility of the pilot program; and (G) any recommendations for improving or extending the pilot program. (e) Termination The pilot program established by the Director of the Office of Foreign Assets Control under subsection (a) shall terminate on the date that is 5 years after the date on which the Director of the Office of Foreign Assets Control establishes such program.
3,024
[ "Banking, Housing, and Urban Affairs Committee", "Foreign Affairs Committee", "Financial Services Committee" ]
118hr6531ih
118
hr
6,531
ih
To direct the Secretary of Veterans Affairs to develop a training program for certain senior executives and supervisors employed by the Department of Veterans Affairs.
[ { "text": "1. Short title \nThis Act may be cited as the Training Responsible And Informed National VA Employees Act or the TRAIN VA Employees Act.", "id": "H95287383238044E9B27794FB569089E0", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Training program for certain senior executives and supervisors \n(a) Program required \nNot later than one year after the date of the enactment of this Act, the Secretary of Veterans Affairs shall develop a training program for all covered employees. Such training shall be mandatory for all such covered employees and for any individual who is hired to be such an covered employee. (b) Consultation \nIn developing the training required under subsection (a), the Secretary shall consult with the heads of at least three other Federal departments and agencies, including the Department of Defense, to gather information about how such departments and agencies approach management training. (c) Current employees \nAny individual who as of the date of the enactment of this Act is an covered employee shall be required, as a condition of continued employment at the Department of Veterans Affairs, to complete the training program developed under subsection (a) by not later than 18 months after the date of the enactment of this Act. (d) Refresher training \nThe Secretary shall develop a refresher training program for the program required under subsection (a), and each covered employee shall be required, as a condition of continued employment at the Department of Veterans Affairs, to complete such refresher training once every two years. (e) Design of training \nThe training program required under subsection (a) shall be designed using principles of adult learning and industry standard instructional design. To the extent practicable, the training shall— (1) be instructor-based and provided in-person; and (2) focus on— (A) developing and discussing relevant performance goals and objectives with the employees they supervise; (B) communicating and discussing employees’ progress relative to performance goals and objectives, and conducting performance appraisals; (C) mentoring and motivating employees and improving employee engagement, performance, and productivity; (D) effectively managing employees with unacceptable performance, including training to understand the disciplinary options and procedures available to the supervisor; (E) prohibited personnel practices, employee rights, and the procedures and processes used to enforce employee rights; (F) effectively using the probationary period to examine whether an employee has demonstrated successful performance or conduct to continue past the probationary period; (G) addressing reports of a hostile work environment, retaliation, or harassment of, or by, another supervisor or employee; (H) collaborating with human resources employees to recruit, select, appraise, and reward employees to build a workforce based on organizational goals, budget considerations, and staffing needs; and (I) carrying out the duties or responsibilities of a supervisor. (f) Covered employee defined \nIn this section, the term covered employee means an employee of the Department of Veterans Affairs who is— (1) a supervisor (as defined in section 7103(a) of title 5, United States Code); or (2) a covered individual under section 713 of title 38, United States Code.", "id": "HF9EA40AF397C469B8956B689349168A1", "header": "Training program for certain senior executives and supervisors", "nested": [ { "text": "(a) Program required \nNot later than one year after the date of the enactment of this Act, the Secretary of Veterans Affairs shall develop a training program for all covered employees. Such training shall be mandatory for all such covered employees and for any individual who is hired to be such an covered employee.", "id": "HF094CD3EA5DC4891B16113185AE908E8", "header": "Program required", "nested": [], "links": [] }, { "text": "(b) Consultation \nIn developing the training required under subsection (a), the Secretary shall consult with the heads of at least three other Federal departments and agencies, including the Department of Defense, to gather information about how such departments and agencies approach management training.", "id": "H9F88D4CB0E974B34979044E0BF258846", "header": "Consultation", "nested": [], "links": [] }, { "text": "(c) Current employees \nAny individual who as of the date of the enactment of this Act is an covered employee shall be required, as a condition of continued employment at the Department of Veterans Affairs, to complete the training program developed under subsection (a) by not later than 18 months after the date of the enactment of this Act.", "id": "HEEE04E572B534F3EBFF4D5A776E0D54A", "header": "Current employees", "nested": [], "links": [] }, { "text": "(d) Refresher training \nThe Secretary shall develop a refresher training program for the program required under subsection (a), and each covered employee shall be required, as a condition of continued employment at the Department of Veterans Affairs, to complete such refresher training once every two years.", "id": "HCAEF7CFDA85A4B2FAE72824601855238", "header": "Refresher training", "nested": [], "links": [] }, { "text": "(e) Design of training \nThe training program required under subsection (a) shall be designed using principles of adult learning and industry standard instructional design. To the extent practicable, the training shall— (1) be instructor-based and provided in-person; and (2) focus on— (A) developing and discussing relevant performance goals and objectives with the employees they supervise; (B) communicating and discussing employees’ progress relative to performance goals and objectives, and conducting performance appraisals; (C) mentoring and motivating employees and improving employee engagement, performance, and productivity; (D) effectively managing employees with unacceptable performance, including training to understand the disciplinary options and procedures available to the supervisor; (E) prohibited personnel practices, employee rights, and the procedures and processes used to enforce employee rights; (F) effectively using the probationary period to examine whether an employee has demonstrated successful performance or conduct to continue past the probationary period; (G) addressing reports of a hostile work environment, retaliation, or harassment of, or by, another supervisor or employee; (H) collaborating with human resources employees to recruit, select, appraise, and reward employees to build a workforce based on organizational goals, budget considerations, and staffing needs; and (I) carrying out the duties or responsibilities of a supervisor.", "id": "H6B67AB2849CF498387F6ADA320520FE9", "header": "Design of training", "nested": [], "links": [] }, { "text": "(f) Covered employee defined \nIn this section, the term covered employee means an employee of the Department of Veterans Affairs who is— (1) a supervisor (as defined in section 7103(a) of title 5, United States Code); or (2) a covered individual under section 713 of title 38, United States Code.", "id": "H47C269898AA94171ADC63EBEC104D27E", "header": "Covered employee defined", "nested": [], "links": [] } ], "links": [] } ]
2
1. Short title This Act may be cited as the Training Responsible And Informed National VA Employees Act or the TRAIN VA Employees Act. 2. Training program for certain senior executives and supervisors (a) Program required Not later than one year after the date of the enactment of this Act, the Secretary of Veterans Affairs shall develop a training program for all covered employees. Such training shall be mandatory for all such covered employees and for any individual who is hired to be such an covered employee. (b) Consultation In developing the training required under subsection (a), the Secretary shall consult with the heads of at least three other Federal departments and agencies, including the Department of Defense, to gather information about how such departments and agencies approach management training. (c) Current employees Any individual who as of the date of the enactment of this Act is an covered employee shall be required, as a condition of continued employment at the Department of Veterans Affairs, to complete the training program developed under subsection (a) by not later than 18 months after the date of the enactment of this Act. (d) Refresher training The Secretary shall develop a refresher training program for the program required under subsection (a), and each covered employee shall be required, as a condition of continued employment at the Department of Veterans Affairs, to complete such refresher training once every two years. (e) Design of training The training program required under subsection (a) shall be designed using principles of adult learning and industry standard instructional design. To the extent practicable, the training shall— (1) be instructor-based and provided in-person; and (2) focus on— (A) developing and discussing relevant performance goals and objectives with the employees they supervise; (B) communicating and discussing employees’ progress relative to performance goals and objectives, and conducting performance appraisals; (C) mentoring and motivating employees and improving employee engagement, performance, and productivity; (D) effectively managing employees with unacceptable performance, including training to understand the disciplinary options and procedures available to the supervisor; (E) prohibited personnel practices, employee rights, and the procedures and processes used to enforce employee rights; (F) effectively using the probationary period to examine whether an employee has demonstrated successful performance or conduct to continue past the probationary period; (G) addressing reports of a hostile work environment, retaliation, or harassment of, or by, another supervisor or employee; (H) collaborating with human resources employees to recruit, select, appraise, and reward employees to build a workforce based on organizational goals, budget considerations, and staffing needs; and (I) carrying out the duties or responsibilities of a supervisor. (f) Covered employee defined In this section, the term covered employee means an employee of the Department of Veterans Affairs who is— (1) a supervisor (as defined in section 7103(a) of title 5, United States Code); or (2) a covered individual under section 713 of title 38, United States Code.
3,254
[ "Veterans' Affairs Committee" ]
118hr4808ih
118
hr
4,808
ih
To direct the Secretary of Homeland Security to evaluate certain factors for aliens who submit a state sponsored Chinese immigration application or have been employed by the Chinese Communist Party.
[ { "text": "1. Short title \nThis Act may be cited as the Secure our Borders from the CCP Act of 2023.", "id": "H74B2B464C55C45CFBAA62F8D61F6A101", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Requirement to evaluate certain history for aliens \n(a) Evaluation required \nNotwithstanding any other provision of law, the Secretary of Homeland Security shall evaluate the factors described in subsection (b) to determine if an individual submitting a covered application has any links, association, employment history, or association with the Chinese Communist Party or the Government of China. (b) Factors described \nThe following factors shall be evaluated with respect to a covered application— (1) the alien’s employment or previous employment by the Chinese Communist Party or the Government of China; (2) any immediate family relation of the alien who is employed by the Chinese Communist Party or the Government of China; (3) the alien’s participation in educational programs organized or sponsored by the Chinese Communist Party or the Government of China; (4) any grants awarded to an alien by the Chinese Communist Party or the Government of China; (5) any public statements representing or supporting the Chinese Communist Party or the Government of China by the alien; (6) the alien’s voter registration or party affiliation with the Chinese Communist Party or the Government of China; (7) any anti-capitalist or anti-American public statements made by the alien; and (8) any financial payments or any reimbursements to the alien made by the Chinese Communist Party or the Government of China. (c) Outcome of evaluation \nNotwithstanding any other provision of law, if the Secretary of Homeland Security determines that any of the factors described in subsection (b) exist with respect to a covered application the Secretary shall deny such application. (d) Penalty \nNotwithstanding any other provision of law, an alien found to have lied on a covered application shall be subject to deportation and a fine of $5,000. (e) Definitions \nIn this section: (1) Covered application \nThe term covered application means an application submitted for immigration status by an individual as a result of their relationship with— (A) an employer or institution of higher education that receives funding from the Chinese Communist Party or the Government of China; or (B) an immediate family relation that is employed by or is associated with the Chinese Communist Party or the Government of China. (2) Immediate family relation \nThe term immediate family relation means a mother, father, step-parent, brother, sister, cousin, uncle, or aunt.", "id": "HC2E56E954BD4412AB804F134F3EFFC72", "header": "Requirement to evaluate certain history for aliens", "nested": [ { "text": "(a) Evaluation required \nNotwithstanding any other provision of law, the Secretary of Homeland Security shall evaluate the factors described in subsection (b) to determine if an individual submitting a covered application has any links, association, employment history, or association with the Chinese Communist Party or the Government of China.", "id": "H2379B3F8BDF54B95AC6EF7192FB09F93", "header": "Evaluation required", "nested": [], "links": [] }, { "text": "(b) Factors described \nThe following factors shall be evaluated with respect to a covered application— (1) the alien’s employment or previous employment by the Chinese Communist Party or the Government of China; (2) any immediate family relation of the alien who is employed by the Chinese Communist Party or the Government of China; (3) the alien’s participation in educational programs organized or sponsored by the Chinese Communist Party or the Government of China; (4) any grants awarded to an alien by the Chinese Communist Party or the Government of China; (5) any public statements representing or supporting the Chinese Communist Party or the Government of China by the alien; (6) the alien’s voter registration or party affiliation with the Chinese Communist Party or the Government of China; (7) any anti-capitalist or anti-American public statements made by the alien; and (8) any financial payments or any reimbursements to the alien made by the Chinese Communist Party or the Government of China.", "id": "H04723C88620C46C2BFEFB86D1A931F36", "header": "Factors described", "nested": [], "links": [] }, { "text": "(c) Outcome of evaluation \nNotwithstanding any other provision of law, if the Secretary of Homeland Security determines that any of the factors described in subsection (b) exist with respect to a covered application the Secretary shall deny such application.", "id": "H9D855E42EC114DC496B09879DB35D586", "header": "Outcome of evaluation", "nested": [], "links": [] }, { "text": "(d) Penalty \nNotwithstanding any other provision of law, an alien found to have lied on a covered application shall be subject to deportation and a fine of $5,000.", "id": "H82BA743C76164C579B6BF9CF5C096B51", "header": "Penalty", "nested": [], "links": [] }, { "text": "(e) Definitions \nIn this section: (1) Covered application \nThe term covered application means an application submitted for immigration status by an individual as a result of their relationship with— (A) an employer or institution of higher education that receives funding from the Chinese Communist Party or the Government of China; or (B) an immediate family relation that is employed by or is associated with the Chinese Communist Party or the Government of China. (2) Immediate family relation \nThe term immediate family relation means a mother, father, step-parent, brother, sister, cousin, uncle, or aunt.", "id": "HD878C148C1CA4459969AFD39DC74B6FF", "header": "Definitions", "nested": [], "links": [] } ], "links": [] } ]
2
1. Short title This Act may be cited as the Secure our Borders from the CCP Act of 2023. 2. Requirement to evaluate certain history for aliens (a) Evaluation required Notwithstanding any other provision of law, the Secretary of Homeland Security shall evaluate the factors described in subsection (b) to determine if an individual submitting a covered application has any links, association, employment history, or association with the Chinese Communist Party or the Government of China. (b) Factors described The following factors shall be evaluated with respect to a covered application— (1) the alien’s employment or previous employment by the Chinese Communist Party or the Government of China; (2) any immediate family relation of the alien who is employed by the Chinese Communist Party or the Government of China; (3) the alien’s participation in educational programs organized or sponsored by the Chinese Communist Party or the Government of China; (4) any grants awarded to an alien by the Chinese Communist Party or the Government of China; (5) any public statements representing or supporting the Chinese Communist Party or the Government of China by the alien; (6) the alien’s voter registration or party affiliation with the Chinese Communist Party or the Government of China; (7) any anti-capitalist or anti-American public statements made by the alien; and (8) any financial payments or any reimbursements to the alien made by the Chinese Communist Party or the Government of China. (c) Outcome of evaluation Notwithstanding any other provision of law, if the Secretary of Homeland Security determines that any of the factors described in subsection (b) exist with respect to a covered application the Secretary shall deny such application. (d) Penalty Notwithstanding any other provision of law, an alien found to have lied on a covered application shall be subject to deportation and a fine of $5,000. (e) Definitions In this section: (1) Covered application The term covered application means an application submitted for immigration status by an individual as a result of their relationship with— (A) an employer or institution of higher education that receives funding from the Chinese Communist Party or the Government of China; or (B) an immediate family relation that is employed by or is associated with the Chinese Communist Party or the Government of China. (2) Immediate family relation The term immediate family relation means a mother, father, step-parent, brother, sister, cousin, uncle, or aunt.
2,535
[ "Judiciary Committee" ]
118hr6107ih
118
hr
6,107
ih
To amend the Omnibus Public Land Management Act of 2009 to authorize certain extraordinary operation and maintenance work for urban canals of concern.
[ { "text": "1. Short title \nThis Act may be cited as the Urban Canal Modernization Act.", "id": "H351D07A187CB400DB4D136F2C413335D", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Extraordinary operation and maintenance work performed by the Secretary of the Interior \n(a) Definitions \nSection 9601 of the Omnibus Public Land Management Act of 2009 ( 43 U.S.C. 510 ) is amended— (1) by redesignating paragraphs (1), (2), (3), (4), (5), (6), and (7) as paragraphs (2), (3), (4), (5), (6), (7), and (1), respectively; (2) in paragraph (3) (as so redesignated), by striking et seq.) and inserting et seq.)) ; (3) in paragraph (4) (as so redesignated), by striking mean and inserting means ; and (4) by adding at the end the following: (8) Urban canal of concern \nThe term urban canal of concern means a transferred works or segment of a transferred works— (A) that is— (i) a canal reach, the failure of which would result in— (I) an estimated at-risk population of more than 100 individuals; or (II) an estimated property damage of more than $5,000,000; or (ii) a canal reach determined by the responsible Bureau of Reclamation regional or area office to be classified as an urban canal reach; and (B) with respect to which the Secretary determines, pursuant to the guidelines and criteria developed under section 9602(a), that if a failure were to occur, the failure would result in loss of life and property in the vicinity of the failed transferred works or segment of transferred works.. (b) Extraordinary maintenance and operation work on urban canal of concerns \nSection 9603 of the Omnibus Public Land Management Act of 2009 ( 43 U.S.C. 510b ) is amended by adding at the end the following: (e) Extraordinary operation and maintenance work on urban canals of concern \n(1) In general \nThe Secretary or the transferred works operating entity shall carry out any extraordinary operation and maintenance work on an urban canal of concern that the transferred works operating entity, with the concurrence of the Secretary, determines to be necessary. (2) Funding \nIn the case of extraordinary operation and maintenance work on an urban canal of concern authorized under paragraph (1), or if the Secretary determines that a project facility inspected and maintained pursuant to the guidelines and criteria set forth in section 9602(a) requires extraordinary operation and maintenance work pursuant to paragraph (1), the Secretary shall provide Federal funds on a nonreimbursable basis sufficient to cover 35 percent of the portion of total cost of the extraordinary operation and maintenance work allocable to the transferred works operating entity that is needed to carry out the extraordinary operation and maintenance work on the urban canal of concern, with the remaining share of any additional Federal funds advanced by the Secretary for the extraordinary operation and maintenance work to be repaid under subsection (b). (f) Reimbursable funds \nAny reimbursable funds provided under this section shall be considered to be a non-Federal source of funds for purposes of any cost-sharing requirement for a Federal grant..", "id": "HFB9D8F9BEECD4808BE6A362B179190B0", "header": "Extraordinary operation and maintenance work performed by the Secretary of the Interior", "nested": [ { "text": "(a) Definitions \nSection 9601 of the Omnibus Public Land Management Act of 2009 ( 43 U.S.C. 510 ) is amended— (1) by redesignating paragraphs (1), (2), (3), (4), (5), (6), and (7) as paragraphs (2), (3), (4), (5), (6), (7), and (1), respectively; (2) in paragraph (3) (as so redesignated), by striking et seq.) and inserting et seq.)) ; (3) in paragraph (4) (as so redesignated), by striking mean and inserting means ; and (4) by adding at the end the following: (8) Urban canal of concern \nThe term urban canal of concern means a transferred works or segment of a transferred works— (A) that is— (i) a canal reach, the failure of which would result in— (I) an estimated at-risk population of more than 100 individuals; or (II) an estimated property damage of more than $5,000,000; or (ii) a canal reach determined by the responsible Bureau of Reclamation regional or area office to be classified as an urban canal reach; and (B) with respect to which the Secretary determines, pursuant to the guidelines and criteria developed under section 9602(a), that if a failure were to occur, the failure would result in loss of life and property in the vicinity of the failed transferred works or segment of transferred works..", "id": "H1C5FB01780824E348F756A3C147DE917", "header": "Definitions", "nested": [], "links": [ { "text": "43 U.S.C. 510", "legal-doc": "usc", "parsable-cite": "usc/43/510" } ] }, { "text": "(b) Extraordinary maintenance and operation work on urban canal of concerns \nSection 9603 of the Omnibus Public Land Management Act of 2009 ( 43 U.S.C. 510b ) is amended by adding at the end the following: (e) Extraordinary operation and maintenance work on urban canals of concern \n(1) In general \nThe Secretary or the transferred works operating entity shall carry out any extraordinary operation and maintenance work on an urban canal of concern that the transferred works operating entity, with the concurrence of the Secretary, determines to be necessary. (2) Funding \nIn the case of extraordinary operation and maintenance work on an urban canal of concern authorized under paragraph (1), or if the Secretary determines that a project facility inspected and maintained pursuant to the guidelines and criteria set forth in section 9602(a) requires extraordinary operation and maintenance work pursuant to paragraph (1), the Secretary shall provide Federal funds on a nonreimbursable basis sufficient to cover 35 percent of the portion of total cost of the extraordinary operation and maintenance work allocable to the transferred works operating entity that is needed to carry out the extraordinary operation and maintenance work on the urban canal of concern, with the remaining share of any additional Federal funds advanced by the Secretary for the extraordinary operation and maintenance work to be repaid under subsection (b). (f) Reimbursable funds \nAny reimbursable funds provided under this section shall be considered to be a non-Federal source of funds for purposes of any cost-sharing requirement for a Federal grant..", "id": "H9AAD2D256B5641C2A349FE97F2FCD132", "header": "Extraordinary maintenance and operation work on urban canal of concerns", "nested": [], "links": [ { "text": "43 U.S.C. 510b", "legal-doc": "usc", "parsable-cite": "usc/43/510b" } ] } ], "links": [ { "text": "43 U.S.C. 510", "legal-doc": "usc", "parsable-cite": "usc/43/510" }, { "text": "43 U.S.C. 510b", "legal-doc": "usc", "parsable-cite": "usc/43/510b" } ] } ]
2
1. Short title This Act may be cited as the Urban Canal Modernization Act. 2. Extraordinary operation and maintenance work performed by the Secretary of the Interior (a) Definitions Section 9601 of the Omnibus Public Land Management Act of 2009 ( 43 U.S.C. 510 ) is amended— (1) by redesignating paragraphs (1), (2), (3), (4), (5), (6), and (7) as paragraphs (2), (3), (4), (5), (6), (7), and (1), respectively; (2) in paragraph (3) (as so redesignated), by striking et seq.) and inserting et seq.)) ; (3) in paragraph (4) (as so redesignated), by striking mean and inserting means ; and (4) by adding at the end the following: (8) Urban canal of concern The term urban canal of concern means a transferred works or segment of a transferred works— (A) that is— (i) a canal reach, the failure of which would result in— (I) an estimated at-risk population of more than 100 individuals; or (II) an estimated property damage of more than $5,000,000; or (ii) a canal reach determined by the responsible Bureau of Reclamation regional or area office to be classified as an urban canal reach; and (B) with respect to which the Secretary determines, pursuant to the guidelines and criteria developed under section 9602(a), that if a failure were to occur, the failure would result in loss of life and property in the vicinity of the failed transferred works or segment of transferred works.. (b) Extraordinary maintenance and operation work on urban canal of concerns Section 9603 of the Omnibus Public Land Management Act of 2009 ( 43 U.S.C. 510b ) is amended by adding at the end the following: (e) Extraordinary operation and maintenance work on urban canals of concern (1) In general The Secretary or the transferred works operating entity shall carry out any extraordinary operation and maintenance work on an urban canal of concern that the transferred works operating entity, with the concurrence of the Secretary, determines to be necessary. (2) Funding In the case of extraordinary operation and maintenance work on an urban canal of concern authorized under paragraph (1), or if the Secretary determines that a project facility inspected and maintained pursuant to the guidelines and criteria set forth in section 9602(a) requires extraordinary operation and maintenance work pursuant to paragraph (1), the Secretary shall provide Federal funds on a nonreimbursable basis sufficient to cover 35 percent of the portion of total cost of the extraordinary operation and maintenance work allocable to the transferred works operating entity that is needed to carry out the extraordinary operation and maintenance work on the urban canal of concern, with the remaining share of any additional Federal funds advanced by the Secretary for the extraordinary operation and maintenance work to be repaid under subsection (b). (f) Reimbursable funds Any reimbursable funds provided under this section shall be considered to be a non-Federal source of funds for purposes of any cost-sharing requirement for a Federal grant..
3,022
[ "Natural Resources Committee" ]
118hr1943ih
118
hr
1,943
ih
To provide for a limitation on availability of funds for Department of Labor, Mine Safety and Health Administration, Salaries and Expenses for fiscal year 2024.
[ { "text": "1. Limitation on availability of funds for Department of Labor, Mine Safety and Health Administration, Salaries and Expenses for fiscal year 2024 \nNotwithstanding any other provision of the law, amounts authorized to be appropriated or otherwise available for Department of Labor, Mine Safety and Health Administration, Salaries and Expenses for fiscal year 2024 may not exceed $373,816,000.", "id": "HC764A7D0EAFF40648F59692A946E015A", "header": "Limitation on availability of funds for Department of Labor, Mine Safety and Health Administration, Salaries and Expenses for fiscal year 2024", "nested": [], "links": [] } ]
1
1. Limitation on availability of funds for Department of Labor, Mine Safety and Health Administration, Salaries and Expenses for fiscal year 2024 Notwithstanding any other provision of the law, amounts authorized to be appropriated or otherwise available for Department of Labor, Mine Safety and Health Administration, Salaries and Expenses for fiscal year 2024 may not exceed $373,816,000.
391
[ "Education and the Workforce Committee" ]
118hr3874ih
118
hr
3,874
ih
To amend title 38, United States Code, to make certain improvements in the administration of the educational assistance programs of the Department of Veterans Affairs, and for other purposes.
[ { "text": "1. Short title \nThis Act may be cited as the Veterans Education Assistance Improvement Act.", "id": "H3115E2C5D6AD4D01B4EDB3D9C13ED664", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Payment of full monthly housing stipend for veterans enrolled in final semester using educational assistance under Post-9/11 Educational Assistance Program \n(a) Housing allowance \nSection 3680(a)(3) of title 38, United States Code, is amended— (1) by redesignating subparagraphs (A) and (B) as clauses (i) and (ii), respectively (and by redesignating each subordinate provision and the margins thereof accordingly); (2) by striking Notwithstanding paragraph (1) and inserting (A) Notwithstanding paragraph (1) ; (3) by striking , including a monthly housing stipend described in section 3313(c) of this title, ; and (4) by adding at the end the following new subparagraph (B): (B) For purposes of providing a monthly housing stipend described in section 3313(c) to an eligible veteran or eligible person for whom the Secretary is providing educational assistance under chapter 33 of this title during a period that is the last semester, term, or academic period pursuant to subparagraph (A), the Secretary shall treat the veteran or person as pursuing a program of education on more than a half-time basis.. (b) Application \nThe amendments made by subsection (a) shall take effect on the date of the enactment of this Act and apply with respect to a quarter, semester, or term, as applicable, commencing on or after August 1, 2023.", "id": "H41E9750C85E246A0AA0F0E12951A7B90", "header": "Payment of full monthly housing stipend for veterans enrolled in final semester using educational assistance under Post-9/11 Educational Assistance Program", "nested": [ { "text": "(a) Housing allowance \nSection 3680(a)(3) of title 38, United States Code, is amended— (1) by redesignating subparagraphs (A) and (B) as clauses (i) and (ii), respectively (and by redesignating each subordinate provision and the margins thereof accordingly); (2) by striking Notwithstanding paragraph (1) and inserting (A) Notwithstanding paragraph (1) ; (3) by striking , including a monthly housing stipend described in section 3313(c) of this title, ; and (4) by adding at the end the following new subparagraph (B): (B) For purposes of providing a monthly housing stipend described in section 3313(c) to an eligible veteran or eligible person for whom the Secretary is providing educational assistance under chapter 33 of this title during a period that is the last semester, term, or academic period pursuant to subparagraph (A), the Secretary shall treat the veteran or person as pursuing a program of education on more than a half-time basis..", "id": "H8A9C3AE05C174B3CAF5E2A64CC92D467", "header": "Housing allowance", "nested": [], "links": [] }, { "text": "(b) Application \nThe amendments made by subsection (a) shall take effect on the date of the enactment of this Act and apply with respect to a quarter, semester, or term, as applicable, commencing on or after August 1, 2023.", "id": "H94A9F9E71B7044BC8B01743FE59E4EB9", "header": "Application", "nested": [], "links": [] } ], "links": [] }, { "text": "3. Notice of Department of Veterans Affairs rulemakings affecting the educational assistance programs of the Department \n(a) In general \nSubchapter III of chapter 36 of title 38, United States Code, is amended by adding at the end the following new section: 3699C. Notice of rulemakings relating to educational assistance programs \nIn the case of a rulemaking by the Secretary that is not subject to notice requirements under section 553(b)(A) of title 5, and that relates to any educational assistance program of the Department, the Secretary may not implement the rule before the date that is 180 days after the date on which the Secretary makes available to students, educational institutions, and the Committees on Veterans’ Affairs of the Senate and House of Representatives notice of, and justification for, the rulemaking.. (b) Clerical amendment \nThe table of sections at the beginning of such chapter is amended by inserting after the item relating to section 3699B the following new item: 3699C. Notice of rulemakings relating to educational assistance programs.. (c) Effective date \nSection 3699C of title 38, United States Code, as added by subsection (a), shall take effect on the date of the enactment of this Act and apply with respect to a rulemaking on or after August 1, 2024.", "id": "HA4613CCEF72A482F909BA1AF4F482712", "header": "Notice of Department of Veterans Affairs rulemakings affecting the educational assistance programs of the Department", "nested": [ { "text": "(a) In general \nSubchapter III of chapter 36 of title 38, United States Code, is amended by adding at the end the following new section: 3699C. Notice of rulemakings relating to educational assistance programs \nIn the case of a rulemaking by the Secretary that is not subject to notice requirements under section 553(b)(A) of title 5, and that relates to any educational assistance program of the Department, the Secretary may not implement the rule before the date that is 180 days after the date on which the Secretary makes available to students, educational institutions, and the Committees on Veterans’ Affairs of the Senate and House of Representatives notice of, and justification for, the rulemaking..", "id": "HDAB9C1B00D514CC78FF178BB613CBCB2", "header": "In general", "nested": [], "links": [ { "text": "chapter 36", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/38/36" } ] }, { "text": "(b) Clerical amendment \nThe table of sections at the beginning of such chapter is amended by inserting after the item relating to section 3699B the following new item: 3699C. Notice of rulemakings relating to educational assistance programs..", "id": "H9018CB2F116F437ABD82EE0B168CBB99", "header": "Clerical amendment", "nested": [], "links": [] }, { "text": "(c) Effective date \nSection 3699C of title 38, United States Code, as added by subsection (a), shall take effect on the date of the enactment of this Act and apply with respect to a rulemaking on or after August 1, 2024.", "id": "H49427F96FE8347F19C624D9F4D52C159", "header": "Effective date", "nested": [], "links": [] } ], "links": [ { "text": "chapter 36", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/38/36" } ] }, { "text": "3699C. Notice of rulemakings relating to educational assistance programs \nIn the case of a rulemaking by the Secretary that is not subject to notice requirements under section 553(b)(A) of title 5, and that relates to any educational assistance program of the Department, the Secretary may not implement the rule before the date that is 180 days after the date on which the Secretary makes available to students, educational institutions, and the Committees on Veterans’ Affairs of the Senate and House of Representatives notice of, and justification for, the rulemaking.", "id": "HC0BE83795E7D42CAAB93B5D9E96A9BF9", "header": "Notice of rulemakings relating to educational assistance programs", "nested": [], "links": [] }, { "text": "4. Notice to educational institutions of risk-based surveys \nSection 3673A(d) of title 38, United States Code, is amended by striking one business day and inserting two business days.", "id": "H7E410356C53F49949C5781CC225E3561", "header": "Notice to educational institutions of risk-based surveys", "nested": [], "links": [] }, { "text": "5. Multi-year waivers for educational institutions \n(a) Accredited courses \nSection 3675(b) of title 38, United States Code, is amended— (1) by redesignating paragraphs (1) through (4) as subparagraphs (A) through (D); (2) by inserting (1) before As a condition ; and (3) by adding at the end the following new paragraph: (2) The Secretary may waive the requirement under paragraph (1)(D) for an educational institution for multiple years.. (b) Conforming amendment \nSection 3672(b)(2)(A) is amended by inserting (A) and (B) after 3675(b)(1).", "id": "H99057A0D992D49A0BD29FDA918703ADA", "header": "Multi-year waivers for educational institutions", "nested": [ { "text": "(a) Accredited courses \nSection 3675(b) of title 38, United States Code, is amended— (1) by redesignating paragraphs (1) through (4) as subparagraphs (A) through (D); (2) by inserting (1) before As a condition ; and (3) by adding at the end the following new paragraph: (2) The Secretary may waive the requirement under paragraph (1)(D) for an educational institution for multiple years..", "id": "HE4C03CBBDB964073835321C96A184C04", "header": "Accredited courses", "nested": [], "links": [] }, { "text": "(b) Conforming amendment \nSection 3672(b)(2)(A) is amended by inserting (A) and (B) after 3675(b)(1).", "id": "H71A9839E36E24B4BBDE15672C949ED0F", "header": "Conforming amendment", "nested": [], "links": [] } ], "links": [] } ]
6
1. Short title This Act may be cited as the Veterans Education Assistance Improvement Act. 2. Payment of full monthly housing stipend for veterans enrolled in final semester using educational assistance under Post-9/11 Educational Assistance Program (a) Housing allowance Section 3680(a)(3) of title 38, United States Code, is amended— (1) by redesignating subparagraphs (A) and (B) as clauses (i) and (ii), respectively (and by redesignating each subordinate provision and the margins thereof accordingly); (2) by striking Notwithstanding paragraph (1) and inserting (A) Notwithstanding paragraph (1) ; (3) by striking , including a monthly housing stipend described in section 3313(c) of this title, ; and (4) by adding at the end the following new subparagraph (B): (B) For purposes of providing a monthly housing stipend described in section 3313(c) to an eligible veteran or eligible person for whom the Secretary is providing educational assistance under chapter 33 of this title during a period that is the last semester, term, or academic period pursuant to subparagraph (A), the Secretary shall treat the veteran or person as pursuing a program of education on more than a half-time basis.. (b) Application The amendments made by subsection (a) shall take effect on the date of the enactment of this Act and apply with respect to a quarter, semester, or term, as applicable, commencing on or after August 1, 2023. 3. Notice of Department of Veterans Affairs rulemakings affecting the educational assistance programs of the Department (a) In general Subchapter III of chapter 36 of title 38, United States Code, is amended by adding at the end the following new section: 3699C. Notice of rulemakings relating to educational assistance programs In the case of a rulemaking by the Secretary that is not subject to notice requirements under section 553(b)(A) of title 5, and that relates to any educational assistance program of the Department, the Secretary may not implement the rule before the date that is 180 days after the date on which the Secretary makes available to students, educational institutions, and the Committees on Veterans’ Affairs of the Senate and House of Representatives notice of, and justification for, the rulemaking.. (b) Clerical amendment The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 3699B the following new item: 3699C. Notice of rulemakings relating to educational assistance programs.. (c) Effective date Section 3699C of title 38, United States Code, as added by subsection (a), shall take effect on the date of the enactment of this Act and apply with respect to a rulemaking on or after August 1, 2024. 3699C. Notice of rulemakings relating to educational assistance programs In the case of a rulemaking by the Secretary that is not subject to notice requirements under section 553(b)(A) of title 5, and that relates to any educational assistance program of the Department, the Secretary may not implement the rule before the date that is 180 days after the date on which the Secretary makes available to students, educational institutions, and the Committees on Veterans’ Affairs of the Senate and House of Representatives notice of, and justification for, the rulemaking. 4. Notice to educational institutions of risk-based surveys Section 3673A(d) of title 38, United States Code, is amended by striking one business day and inserting two business days. 5. Multi-year waivers for educational institutions (a) Accredited courses Section 3675(b) of title 38, United States Code, is amended— (1) by redesignating paragraphs (1) through (4) as subparagraphs (A) through (D); (2) by inserting (1) before As a condition ; and (3) by adding at the end the following new paragraph: (2) The Secretary may waive the requirement under paragraph (1)(D) for an educational institution for multiple years.. (b) Conforming amendment Section 3672(b)(2)(A) is amended by inserting (A) and (B) after 3675(b)(1).
4,020
[ "Veterans' Affairs Committee" ]
118hr1268ih
118
hr
1,268
ih
To amend the State Department Basic Authorities Act of 1956 to establish the position of Special Envoy for the Abraham Accords, and for other purposes.
[ { "text": "1. Short title \nThis Act may be cited as the Special Envoy for the Abraham Accords Act.", "id": "H8662EC06CB1F47959FBEFDE3EFE9D49D", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Findings \nCongress finds that the policy of the United States, as enacted in section 104 of the Israel Relations Normalization Act of 2022 (division Z of Public Law 117–103 ), with respect to the Abraham Accords remains unchanged.", "id": "H8AE19E7891BD4ABE807C5679C4C91FB5", "header": "Findings", "nested": [], "links": [ { "text": "Public Law 117–103", "legal-doc": "public-law", "parsable-cite": "pl/117/103" } ] }, { "text": "3. Special Envoy for the Abraham Accords \nTitle I of the State Department Basic Authorities Act of 1956 ( 22 U.S.C. 2651a et seq. ) is amended by adding at the end the following new section: 64. Special Envoy for the Abraham Accords \n(a) Special Envoy for the Abraham Accords \nThere is in the Department of State a Special Envoy for the Abraham Accords (in this section referred to as the Special Envoy ). (b) Nomination \n(1) In general \nThe Special Envoy shall be appointed by the President, by and with the advice and consent of the Senate. The Special Envoy shall report directly to the Secretary. (2) Determination \nIf the President determines that such is appropriate, the President may nominate the Special Envoy from among officers and employees of the Department. Such officer or employee may not retain the position (or the responsibilities associated with such position) held by such officer or employee prior to the nomination of such officer or employee to the position of Special Envoy under this paragraph. (c) Qualifications \nThe Special Envoy should be a person of recognized distinction in the field high-level diplomatic experience, and or knowledge of the Islamic and Jewish worlds, knowledge of economics, security, and human rights. (d) Rank and status of ambassador \nThe Special Envoy who shall have the rank of ambassador and shall hold the office at the pleasure of the President. (e) Duties \nThe Special Envoy shall seek to expand and strengthen the Abraham Accords, in coordination with regional ambassadors, nongovernmental organizations, and other stakeholders determined appropriate by the Special Envoy. (f) Responsibilities \nThe Special Envoy shall— (1) serve as the primary advisor to, and coordinate efforts across, the United States Government relating to expanding and strengthening the Abraham Accords; (2) engage in discussions with nation-state officials lacking official diplomatic relations with Israel regarding the Abraham Accords; and (3) consult with representatives of nongovernmental organizations that have attempted to expand and strengthen the Abraham Accords..", "id": "H7B386EB2198649819E2D663CAEB738FE", "header": "Special Envoy for the Abraham Accords", "nested": [], "links": [ { "text": "22 U.S.C. 2651a et seq.", "legal-doc": "usc", "parsable-cite": "usc/22/2651a" } ] }, { "text": "64. Special Envoy for the Abraham Accords \n(a) Special Envoy for the Abraham Accords \nThere is in the Department of State a Special Envoy for the Abraham Accords (in this section referred to as the Special Envoy ). (b) Nomination \n(1) In general \nThe Special Envoy shall be appointed by the President, by and with the advice and consent of the Senate. The Special Envoy shall report directly to the Secretary. (2) Determination \nIf the President determines that such is appropriate, the President may nominate the Special Envoy from among officers and employees of the Department. Such officer or employee may not retain the position (or the responsibilities associated with such position) held by such officer or employee prior to the nomination of such officer or employee to the position of Special Envoy under this paragraph. (c) Qualifications \nThe Special Envoy should be a person of recognized distinction in the field high-level diplomatic experience, and or knowledge of the Islamic and Jewish worlds, knowledge of economics, security, and human rights. (d) Rank and status of ambassador \nThe Special Envoy who shall have the rank of ambassador and shall hold the office at the pleasure of the President. (e) Duties \nThe Special Envoy shall seek to expand and strengthen the Abraham Accords, in coordination with regional ambassadors, nongovernmental organizations, and other stakeholders determined appropriate by the Special Envoy. (f) Responsibilities \nThe Special Envoy shall— (1) serve as the primary advisor to, and coordinate efforts across, the United States Government relating to expanding and strengthening the Abraham Accords; (2) engage in discussions with nation-state officials lacking official diplomatic relations with Israel regarding the Abraham Accords; and (3) consult with representatives of nongovernmental organizations that have attempted to expand and strengthen the Abraham Accords.", "id": "HC755FB3F3CD64A7B99EEFACB3B492F98", "header": "Special Envoy for the Abraham Accords", "nested": [ { "text": "(a) Special Envoy for the Abraham Accords \nThere is in the Department of State a Special Envoy for the Abraham Accords (in this section referred to as the Special Envoy ).", "id": "H1B1ACF6806614977AD8E436C22020178", "header": "Special Envoy for the Abraham Accords", "nested": [], "links": [] }, { "text": "(b) Nomination \n(1) In general \nThe Special Envoy shall be appointed by the President, by and with the advice and consent of the Senate. The Special Envoy shall report directly to the Secretary. (2) Determination \nIf the President determines that such is appropriate, the President may nominate the Special Envoy from among officers and employees of the Department. Such officer or employee may not retain the position (or the responsibilities associated with such position) held by such officer or employee prior to the nomination of such officer or employee to the position of Special Envoy under this paragraph.", "id": "HAFFCA689098B4A52AFC10A575E4FDD0B", "header": "Nomination", "nested": [], "links": [] }, { "text": "(c) Qualifications \nThe Special Envoy should be a person of recognized distinction in the field high-level diplomatic experience, and or knowledge of the Islamic and Jewish worlds, knowledge of economics, security, and human rights.", "id": "HDD717156E18140D1BCECE8EF44B9AA5F", "header": "Qualifications", "nested": [], "links": [] }, { "text": "(d) Rank and status of ambassador \nThe Special Envoy who shall have the rank of ambassador and shall hold the office at the pleasure of the President.", "id": "H9004A302F53F4F6BA0722E3E90069094", "header": "Rank and status of ambassador", "nested": [], "links": [] }, { "text": "(e) Duties \nThe Special Envoy shall seek to expand and strengthen the Abraham Accords, in coordination with regional ambassadors, nongovernmental organizations, and other stakeholders determined appropriate by the Special Envoy.", "id": "H1FDE798865164ACA91F2772D3DE604AD", "header": "Duties", "nested": [], "links": [] }, { "text": "(f) Responsibilities \nThe Special Envoy shall— (1) serve as the primary advisor to, and coordinate efforts across, the United States Government relating to expanding and strengthening the Abraham Accords; (2) engage in discussions with nation-state officials lacking official diplomatic relations with Israel regarding the Abraham Accords; and (3) consult with representatives of nongovernmental organizations that have attempted to expand and strengthen the Abraham Accords.", "id": "H916E47BA171542D7B2184C6D84785324", "header": "Responsibilities", "nested": [], "links": [] } ], "links": [] } ]
4
1. Short title This Act may be cited as the Special Envoy for the Abraham Accords Act. 2. Findings Congress finds that the policy of the United States, as enacted in section 104 of the Israel Relations Normalization Act of 2022 (division Z of Public Law 117–103 ), with respect to the Abraham Accords remains unchanged. 3. Special Envoy for the Abraham Accords Title I of the State Department Basic Authorities Act of 1956 ( 22 U.S.C. 2651a et seq. ) is amended by adding at the end the following new section: 64. Special Envoy for the Abraham Accords (a) Special Envoy for the Abraham Accords There is in the Department of State a Special Envoy for the Abraham Accords (in this section referred to as the Special Envoy ). (b) Nomination (1) In general The Special Envoy shall be appointed by the President, by and with the advice and consent of the Senate. The Special Envoy shall report directly to the Secretary. (2) Determination If the President determines that such is appropriate, the President may nominate the Special Envoy from among officers and employees of the Department. Such officer or employee may not retain the position (or the responsibilities associated with such position) held by such officer or employee prior to the nomination of such officer or employee to the position of Special Envoy under this paragraph. (c) Qualifications The Special Envoy should be a person of recognized distinction in the field high-level diplomatic experience, and or knowledge of the Islamic and Jewish worlds, knowledge of economics, security, and human rights. (d) Rank and status of ambassador The Special Envoy who shall have the rank of ambassador and shall hold the office at the pleasure of the President. (e) Duties The Special Envoy shall seek to expand and strengthen the Abraham Accords, in coordination with regional ambassadors, nongovernmental organizations, and other stakeholders determined appropriate by the Special Envoy. (f) Responsibilities The Special Envoy shall— (1) serve as the primary advisor to, and coordinate efforts across, the United States Government relating to expanding and strengthening the Abraham Accords; (2) engage in discussions with nation-state officials lacking official diplomatic relations with Israel regarding the Abraham Accords; and (3) consult with representatives of nongovernmental organizations that have attempted to expand and strengthen the Abraham Accords.. 64. Special Envoy for the Abraham Accords (a) Special Envoy for the Abraham Accords There is in the Department of State a Special Envoy for the Abraham Accords (in this section referred to as the Special Envoy ). (b) Nomination (1) In general The Special Envoy shall be appointed by the President, by and with the advice and consent of the Senate. The Special Envoy shall report directly to the Secretary. (2) Determination If the President determines that such is appropriate, the President may nominate the Special Envoy from among officers and employees of the Department. Such officer or employee may not retain the position (or the responsibilities associated with such position) held by such officer or employee prior to the nomination of such officer or employee to the position of Special Envoy under this paragraph. (c) Qualifications The Special Envoy should be a person of recognized distinction in the field high-level diplomatic experience, and or knowledge of the Islamic and Jewish worlds, knowledge of economics, security, and human rights. (d) Rank and status of ambassador The Special Envoy who shall have the rank of ambassador and shall hold the office at the pleasure of the President. (e) Duties The Special Envoy shall seek to expand and strengthen the Abraham Accords, in coordination with regional ambassadors, nongovernmental organizations, and other stakeholders determined appropriate by the Special Envoy. (f) Responsibilities The Special Envoy shall— (1) serve as the primary advisor to, and coordinate efforts across, the United States Government relating to expanding and strengthening the Abraham Accords; (2) engage in discussions with nation-state officials lacking official diplomatic relations with Israel regarding the Abraham Accords; and (3) consult with representatives of nongovernmental organizations that have attempted to expand and strengthen the Abraham Accords.
4,351
[ "Foreign Affairs Committee" ]
118hr544ih
118
hr
544
ih
To amend title 38, United States Code, to direct the Secretary of Veterans Affairs to provide coverage for infertility treatment and standard fertility preservation services, and for other purposes.
[ { "text": "1. Short title \nThis Act may be cited as the Veterans Infertility Treatment Act of 2023.", "id": "H9DFA2DEFBCA8476BB1709AEDEAFBBAF5", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Infertility treatments for veterans \n(a) Authority \nChapter 17 of title 38, United States Code, is amended by inserting after section 1720J the following new section (and conforming the table of sections at the beginning of such chapter accordingly): 1720K. Infertility treatment and standard fertility preservation services \n(a) Treatment and services \n(1) In furnishing medical services under this chapter, at the election of a covered individual and subject to paragraph (4), the Secretary shall furnish to the covered individual infertility treatments (including through the use of assisted reproductive technology), standard fertility preservation services, or both. (2) In the case of in vitro fertilization treatment furnished under paragraph (1), the Secretary may furnish to a covered individual under such paragraph not more than three completed in vitro fertilization cycles that result in live birth or 10 attempted in vitro fertilization cycles, whichever occurs first. (3) The Secretary may furnish in vitro fertilization treatment under paragraph (1) using donated gametes or embryos. (4) The Secretary may not furnish to a covered individual an in vitro fertilization cycle or other treatment or service under paragraph (1) unless the Secretary receives consent for such cycle, treatment, or service from each of the following: (A) The covered individual. (B) If the covered individual is a partner of a covered veteran, the covered veteran. (C) If applicable, the third-party donor. (b) Rule of construction \nNothing in this section shall be construed to require the Secretary to furnish maternity care to a covered individual, in addition to what is otherwise required by section 1786 of this title or other provisions of law. (c) Relationship to State law \nThe legal status, custody, future use, donation, disposition, or destruction, of gametes or embryos relating to treatment or services furnished under this section shall be determined in accordance with the law of the State in which the gametes or embryos are located. (d) Payments for beneficiary travel for partners \nFor purposes of paying travel expenses under section 111 of this title for treatment or services furnished under this section to a partner of a covered veteran, the Secretary shall deem the partner to be a veteran receiving treatment or care under this chapter. (e) Definitions \nIn this section: (1) The term assisted reproductive technology includes in vitro fertilization and other infertility treatments. (2) The term covered individual means a covered veteran or a partner of a covered veteran. (3) The term covered veteran means a veteran who is enrolled in the system of annual patient enrollment established under section 1705(a) of this title and— (A) has infertility; or (B) is at risk of having infertility, as determined by a licensed physician based on— (i) the medical, sexual, and reproductive history, age, physical findings, or diagnostic testing, or a combination thereof, of the veteran; or (ii) any planned medication therapy, surgery, radiation, chemotherapy, or other medical treatment. (4) The term infertility means a disease, condition, or status characterized by— (A) the inability of a person to reproduce either as an individual or with the partner of the individual; or (B) the failure to conceive a pregnancy or to carry a pregnancy to live birth after one year of regular, unprotected sexual intercourse. (5) The term partner , with respect to a veteran, means an individual selected by the veteran who agrees to share with the veteran the parental responsibilities with respect to any child born as a result of the use of any infertility treatment under this section. (6) The term standard fertility preservation service includes the procurement, cryopreservation, and storage of gametes and embryos.. (b) Applicability; regulations \n(1) Applicability \nExcept as provided by paragraph (3)(A), section 1720K of title 38, United States Code, as added by subsection (a), shall apply with respect to infertility treatment and standard fertility preservation services furnished by the Secretary of Veterans Affairs beginning on the date on which the Secretary prescribes regulations under paragraph (2). (2) Regulations \nNot later than one year after the date of the enactment of this Act, the Secretary shall prescribe regulations to carry out section 1720K of title 38, United States Code, as added by subsection (a). (3) Interim policies \n(A) Continuity of services \nExcept as provided by subparagraph (B), an individual who on the day before the date on which the Secretary prescribes regulations under paragraph (2) is receiving counseling and treatment furnished by the Secretary pursuant to existing infertility authority may elect to— (i) continue receiving such counseling and services pursuant to the existing infertility authority, subject to the limitations of that authority; or (ii) begin receiving such counseling and services pursuant to section 1720K of title 38, United States Code, as added by subsection (a), subject to the limitations of that section that shall be applied in a manner that recognizes such counseling and services previously furnished under the existing infertility authority. (B) Expansion of services \nDuring the period beginning 180 days after the date of the enactment of this Act and ending on the date on which the Secretary prescribes regulations under paragraph (2), the Secretary shall ensure that counseling and treatment furnished pursuant to existing infertility authority include the following elements: (i) The Secretary may furnish such counseling and treatment to the partner of a veteran covered by such provision without regard to whether the partner and veteran are married. (ii) The Secretary may furnish such counseling and treatment using donated gametes or embryos. (4) Definitions \nIn this subsection: (A) The term existing infertility authority means section 234(a)(1) of the Military Construction, Veterans Affairs, and Related Agencies Appropriations Act, 2022 (division J of Public Law 117–103 ; 136 Stat. 556), or other provisions of law administered by the Secretary of Veterans Affairs enacted before the date of the enactment of this Act that provide authority to the Secretary to furnish fertility counseling and treatment. (B) The term partner has the meaning given that term in section 1720K of title 38, United States Code, as added by subsection (a).", "id": "H5969F0984D524A879D839D65DE981A2B", "header": "Infertility treatments for veterans", "nested": [ { "text": "(a) Authority \nChapter 17 of title 38, United States Code, is amended by inserting after section 1720J the following new section (and conforming the table of sections at the beginning of such chapter accordingly): 1720K. Infertility treatment and standard fertility preservation services \n(a) Treatment and services \n(1) In furnishing medical services under this chapter, at the election of a covered individual and subject to paragraph (4), the Secretary shall furnish to the covered individual infertility treatments (including through the use of assisted reproductive technology), standard fertility preservation services, or both. (2) In the case of in vitro fertilization treatment furnished under paragraph (1), the Secretary may furnish to a covered individual under such paragraph not more than three completed in vitro fertilization cycles that result in live birth or 10 attempted in vitro fertilization cycles, whichever occurs first. (3) The Secretary may furnish in vitro fertilization treatment under paragraph (1) using donated gametes or embryos. (4) The Secretary may not furnish to a covered individual an in vitro fertilization cycle or other treatment or service under paragraph (1) unless the Secretary receives consent for such cycle, treatment, or service from each of the following: (A) The covered individual. (B) If the covered individual is a partner of a covered veteran, the covered veteran. (C) If applicable, the third-party donor. (b) Rule of construction \nNothing in this section shall be construed to require the Secretary to furnish maternity care to a covered individual, in addition to what is otherwise required by section 1786 of this title or other provisions of law. (c) Relationship to State law \nThe legal status, custody, future use, donation, disposition, or destruction, of gametes or embryos relating to treatment or services furnished under this section shall be determined in accordance with the law of the State in which the gametes or embryos are located. (d) Payments for beneficiary travel for partners \nFor purposes of paying travel expenses under section 111 of this title for treatment or services furnished under this section to a partner of a covered veteran, the Secretary shall deem the partner to be a veteran receiving treatment or care under this chapter. (e) Definitions \nIn this section: (1) The term assisted reproductive technology includes in vitro fertilization and other infertility treatments. (2) The term covered individual means a covered veteran or a partner of a covered veteran. (3) The term covered veteran means a veteran who is enrolled in the system of annual patient enrollment established under section 1705(a) of this title and— (A) has infertility; or (B) is at risk of having infertility, as determined by a licensed physician based on— (i) the medical, sexual, and reproductive history, age, physical findings, or diagnostic testing, or a combination thereof, of the veteran; or (ii) any planned medication therapy, surgery, radiation, chemotherapy, or other medical treatment. (4) The term infertility means a disease, condition, or status characterized by— (A) the inability of a person to reproduce either as an individual or with the partner of the individual; or (B) the failure to conceive a pregnancy or to carry a pregnancy to live birth after one year of regular, unprotected sexual intercourse. (5) The term partner , with respect to a veteran, means an individual selected by the veteran who agrees to share with the veteran the parental responsibilities with respect to any child born as a result of the use of any infertility treatment under this section. (6) The term standard fertility preservation service includes the procurement, cryopreservation, and storage of gametes and embryos..", "id": "HAF751B1421A741379D6F87A0CBA5319C", "header": "Authority", "nested": [], "links": [ { "text": "Chapter 17", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/38/17" }, { "text": "section 1720J", "legal-doc": "usc", "parsable-cite": "usc/38/1720J" } ] }, { "text": "(b) Applicability; regulations \n(1) Applicability \nExcept as provided by paragraph (3)(A), section 1720K of title 38, United States Code, as added by subsection (a), shall apply with respect to infertility treatment and standard fertility preservation services furnished by the Secretary of Veterans Affairs beginning on the date on which the Secretary prescribes regulations under paragraph (2). (2) Regulations \nNot later than one year after the date of the enactment of this Act, the Secretary shall prescribe regulations to carry out section 1720K of title 38, United States Code, as added by subsection (a). (3) Interim policies \n(A) Continuity of services \nExcept as provided by subparagraph (B), an individual who on the day before the date on which the Secretary prescribes regulations under paragraph (2) is receiving counseling and treatment furnished by the Secretary pursuant to existing infertility authority may elect to— (i) continue receiving such counseling and services pursuant to the existing infertility authority, subject to the limitations of that authority; or (ii) begin receiving such counseling and services pursuant to section 1720K of title 38, United States Code, as added by subsection (a), subject to the limitations of that section that shall be applied in a manner that recognizes such counseling and services previously furnished under the existing infertility authority. (B) Expansion of services \nDuring the period beginning 180 days after the date of the enactment of this Act and ending on the date on which the Secretary prescribes regulations under paragraph (2), the Secretary shall ensure that counseling and treatment furnished pursuant to existing infertility authority include the following elements: (i) The Secretary may furnish such counseling and treatment to the partner of a veteran covered by such provision without regard to whether the partner and veteran are married. (ii) The Secretary may furnish such counseling and treatment using donated gametes or embryos. (4) Definitions \nIn this subsection: (A) The term existing infertility authority means section 234(a)(1) of the Military Construction, Veterans Affairs, and Related Agencies Appropriations Act, 2022 (division J of Public Law 117–103 ; 136 Stat. 556), or other provisions of law administered by the Secretary of Veterans Affairs enacted before the date of the enactment of this Act that provide authority to the Secretary to furnish fertility counseling and treatment. (B) The term partner has the meaning given that term in section 1720K of title 38, United States Code, as added by subsection (a).", "id": "HFB84F56F64B844C68A0B318A74CAE1D2", "header": "Applicability; regulations", "nested": [], "links": [ { "text": "Public Law 117–103", "legal-doc": "public-law", "parsable-cite": "pl/117/103" } ] } ], "links": [ { "text": "Chapter 17", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/38/17" }, { "text": "section 1720J", "legal-doc": "usc", "parsable-cite": "usc/38/1720J" }, { "text": "Public Law 117–103", "legal-doc": "public-law", "parsable-cite": "pl/117/103" } ] }, { "text": "1720K. Infertility treatment and standard fertility preservation services \n(a) Treatment and services \n(1) In furnishing medical services under this chapter, at the election of a covered individual and subject to paragraph (4), the Secretary shall furnish to the covered individual infertility treatments (including through the use of assisted reproductive technology), standard fertility preservation services, or both. (2) In the case of in vitro fertilization treatment furnished under paragraph (1), the Secretary may furnish to a covered individual under such paragraph not more than three completed in vitro fertilization cycles that result in live birth or 10 attempted in vitro fertilization cycles, whichever occurs first. (3) The Secretary may furnish in vitro fertilization treatment under paragraph (1) using donated gametes or embryos. (4) The Secretary may not furnish to a covered individual an in vitro fertilization cycle or other treatment or service under paragraph (1) unless the Secretary receives consent for such cycle, treatment, or service from each of the following: (A) The covered individual. (B) If the covered individual is a partner of a covered veteran, the covered veteran. (C) If applicable, the third-party donor. (b) Rule of construction \nNothing in this section shall be construed to require the Secretary to furnish maternity care to a covered individual, in addition to what is otherwise required by section 1786 of this title or other provisions of law. (c) Relationship to State law \nThe legal status, custody, future use, donation, disposition, or destruction, of gametes or embryos relating to treatment or services furnished under this section shall be determined in accordance with the law of the State in which the gametes or embryos are located. (d) Payments for beneficiary travel for partners \nFor purposes of paying travel expenses under section 111 of this title for treatment or services furnished under this section to a partner of a covered veteran, the Secretary shall deem the partner to be a veteran receiving treatment or care under this chapter. (e) Definitions \nIn this section: (1) The term assisted reproductive technology includes in vitro fertilization and other infertility treatments. (2) The term covered individual means a covered veteran or a partner of a covered veteran. (3) The term covered veteran means a veteran who is enrolled in the system of annual patient enrollment established under section 1705(a) of this title and— (A) has infertility; or (B) is at risk of having infertility, as determined by a licensed physician based on— (i) the medical, sexual, and reproductive history, age, physical findings, or diagnostic testing, or a combination thereof, of the veteran; or (ii) any planned medication therapy, surgery, radiation, chemotherapy, or other medical treatment. (4) The term infertility means a disease, condition, or status characterized by— (A) the inability of a person to reproduce either as an individual or with the partner of the individual; or (B) the failure to conceive a pregnancy or to carry a pregnancy to live birth after one year of regular, unprotected sexual intercourse. (5) The term partner , with respect to a veteran, means an individual selected by the veteran who agrees to share with the veteran the parental responsibilities with respect to any child born as a result of the use of any infertility treatment under this section. (6) The term standard fertility preservation service includes the procurement, cryopreservation, and storage of gametes and embryos.", "id": "H2900A1F2667544DE9EFB55D13AE129DD", "header": "Infertility treatment and standard fertility preservation services", "nested": [ { "text": "(a) Treatment and services \n(1) In furnishing medical services under this chapter, at the election of a covered individual and subject to paragraph (4), the Secretary shall furnish to the covered individual infertility treatments (including through the use of assisted reproductive technology), standard fertility preservation services, or both. (2) In the case of in vitro fertilization treatment furnished under paragraph (1), the Secretary may furnish to a covered individual under such paragraph not more than three completed in vitro fertilization cycles that result in live birth or 10 attempted in vitro fertilization cycles, whichever occurs first. (3) The Secretary may furnish in vitro fertilization treatment under paragraph (1) using donated gametes or embryos. (4) The Secretary may not furnish to a covered individual an in vitro fertilization cycle or other treatment or service under paragraph (1) unless the Secretary receives consent for such cycle, treatment, or service from each of the following: (A) The covered individual. (B) If the covered individual is a partner of a covered veteran, the covered veteran. (C) If applicable, the third-party donor.", "id": "H96E58A22AFB6404EA56FD4AA18BA8ABC", "header": "Treatment and services", "nested": [], "links": [] }, { "text": "(b) Rule of construction \nNothing in this section shall be construed to require the Secretary to furnish maternity care to a covered individual, in addition to what is otherwise required by section 1786 of this title or other provisions of law.", "id": "H6023434F9D864E8AB70F7FE52DADBD21", "header": "Rule of construction", "nested": [], "links": [] }, { "text": "(c) Relationship to State law \nThe legal status, custody, future use, donation, disposition, or destruction, of gametes or embryos relating to treatment or services furnished under this section shall be determined in accordance with the law of the State in which the gametes or embryos are located.", "id": "HFEC3022E054B44AF9E0491A75D19E1E1", "header": "Relationship to State law", "nested": [], "links": [] }, { "text": "(d) Payments for beneficiary travel for partners \nFor purposes of paying travel expenses under section 111 of this title for treatment or services furnished under this section to a partner of a covered veteran, the Secretary shall deem the partner to be a veteran receiving treatment or care under this chapter.", "id": "H38BDB1DE17224B18AC05BB9D11F8BD71", "header": "Payments for beneficiary travel for partners", "nested": [], "links": [] }, { "text": "(e) Definitions \nIn this section: (1) The term assisted reproductive technology includes in vitro fertilization and other infertility treatments. (2) The term covered individual means a covered veteran or a partner of a covered veteran. (3) The term covered veteran means a veteran who is enrolled in the system of annual patient enrollment established under section 1705(a) of this title and— (A) has infertility; or (B) is at risk of having infertility, as determined by a licensed physician based on— (i) the medical, sexual, and reproductive history, age, physical findings, or diagnostic testing, or a combination thereof, of the veteran; or (ii) any planned medication therapy, surgery, radiation, chemotherapy, or other medical treatment. (4) The term infertility means a disease, condition, or status characterized by— (A) the inability of a person to reproduce either as an individual or with the partner of the individual; or (B) the failure to conceive a pregnancy or to carry a pregnancy to live birth after one year of regular, unprotected sexual intercourse. (5) The term partner , with respect to a veteran, means an individual selected by the veteran who agrees to share with the veteran the parental responsibilities with respect to any child born as a result of the use of any infertility treatment under this section. (6) The term standard fertility preservation service includes the procurement, cryopreservation, and storage of gametes and embryos.", "id": "H360E95CF88EE401F9EAD913D1B87B3CD", "header": "Definitions", "nested": [], "links": [] } ], "links": [] } ]
3
1. Short title This Act may be cited as the Veterans Infertility Treatment Act of 2023. 2. Infertility treatments for veterans (a) Authority Chapter 17 of title 38, United States Code, is amended by inserting after section 1720J the following new section (and conforming the table of sections at the beginning of such chapter accordingly): 1720K. Infertility treatment and standard fertility preservation services (a) Treatment and services (1) In furnishing medical services under this chapter, at the election of a covered individual and subject to paragraph (4), the Secretary shall furnish to the covered individual infertility treatments (including through the use of assisted reproductive technology), standard fertility preservation services, or both. (2) In the case of in vitro fertilization treatment furnished under paragraph (1), the Secretary may furnish to a covered individual under such paragraph not more than three completed in vitro fertilization cycles that result in live birth or 10 attempted in vitro fertilization cycles, whichever occurs first. (3) The Secretary may furnish in vitro fertilization treatment under paragraph (1) using donated gametes or embryos. (4) The Secretary may not furnish to a covered individual an in vitro fertilization cycle or other treatment or service under paragraph (1) unless the Secretary receives consent for such cycle, treatment, or service from each of the following: (A) The covered individual. (B) If the covered individual is a partner of a covered veteran, the covered veteran. (C) If applicable, the third-party donor. (b) Rule of construction Nothing in this section shall be construed to require the Secretary to furnish maternity care to a covered individual, in addition to what is otherwise required by section 1786 of this title or other provisions of law. (c) Relationship to State law The legal status, custody, future use, donation, disposition, or destruction, of gametes or embryos relating to treatment or services furnished under this section shall be determined in accordance with the law of the State in which the gametes or embryos are located. (d) Payments for beneficiary travel for partners For purposes of paying travel expenses under section 111 of this title for treatment or services furnished under this section to a partner of a covered veteran, the Secretary shall deem the partner to be a veteran receiving treatment or care under this chapter. (e) Definitions In this section: (1) The term assisted reproductive technology includes in vitro fertilization and other infertility treatments. (2) The term covered individual means a covered veteran or a partner of a covered veteran. (3) The term covered veteran means a veteran who is enrolled in the system of annual patient enrollment established under section 1705(a) of this title and— (A) has infertility; or (B) is at risk of having infertility, as determined by a licensed physician based on— (i) the medical, sexual, and reproductive history, age, physical findings, or diagnostic testing, or a combination thereof, of the veteran; or (ii) any planned medication therapy, surgery, radiation, chemotherapy, or other medical treatment. (4) The term infertility means a disease, condition, or status characterized by— (A) the inability of a person to reproduce either as an individual or with the partner of the individual; or (B) the failure to conceive a pregnancy or to carry a pregnancy to live birth after one year of regular, unprotected sexual intercourse. (5) The term partner , with respect to a veteran, means an individual selected by the veteran who agrees to share with the veteran the parental responsibilities with respect to any child born as a result of the use of any infertility treatment under this section. (6) The term standard fertility preservation service includes the procurement, cryopreservation, and storage of gametes and embryos.. (b) Applicability; regulations (1) Applicability Except as provided by paragraph (3)(A), section 1720K of title 38, United States Code, as added by subsection (a), shall apply with respect to infertility treatment and standard fertility preservation services furnished by the Secretary of Veterans Affairs beginning on the date on which the Secretary prescribes regulations under paragraph (2). (2) Regulations Not later than one year after the date of the enactment of this Act, the Secretary shall prescribe regulations to carry out section 1720K of title 38, United States Code, as added by subsection (a). (3) Interim policies (A) Continuity of services Except as provided by subparagraph (B), an individual who on the day before the date on which the Secretary prescribes regulations under paragraph (2) is receiving counseling and treatment furnished by the Secretary pursuant to existing infertility authority may elect to— (i) continue receiving such counseling and services pursuant to the existing infertility authority, subject to the limitations of that authority; or (ii) begin receiving such counseling and services pursuant to section 1720K of title 38, United States Code, as added by subsection (a), subject to the limitations of that section that shall be applied in a manner that recognizes such counseling and services previously furnished under the existing infertility authority. (B) Expansion of services During the period beginning 180 days after the date of the enactment of this Act and ending on the date on which the Secretary prescribes regulations under paragraph (2), the Secretary shall ensure that counseling and treatment furnished pursuant to existing infertility authority include the following elements: (i) The Secretary may furnish such counseling and treatment to the partner of a veteran covered by such provision without regard to whether the partner and veteran are married. (ii) The Secretary may furnish such counseling and treatment using donated gametes or embryos. (4) Definitions In this subsection: (A) The term existing infertility authority means section 234(a)(1) of the Military Construction, Veterans Affairs, and Related Agencies Appropriations Act, 2022 (division J of Public Law 117–103 ; 136 Stat. 556), or other provisions of law administered by the Secretary of Veterans Affairs enacted before the date of the enactment of this Act that provide authority to the Secretary to furnish fertility counseling and treatment. (B) The term partner has the meaning given that term in section 1720K of title 38, United States Code, as added by subsection (a). 1720K. Infertility treatment and standard fertility preservation services (a) Treatment and services (1) In furnishing medical services under this chapter, at the election of a covered individual and subject to paragraph (4), the Secretary shall furnish to the covered individual infertility treatments (including through the use of assisted reproductive technology), standard fertility preservation services, or both. (2) In the case of in vitro fertilization treatment furnished under paragraph (1), the Secretary may furnish to a covered individual under such paragraph not more than three completed in vitro fertilization cycles that result in live birth or 10 attempted in vitro fertilization cycles, whichever occurs first. (3) The Secretary may furnish in vitro fertilization treatment under paragraph (1) using donated gametes or embryos. (4) The Secretary may not furnish to a covered individual an in vitro fertilization cycle or other treatment or service under paragraph (1) unless the Secretary receives consent for such cycle, treatment, or service from each of the following: (A) The covered individual. (B) If the covered individual is a partner of a covered veteran, the covered veteran. (C) If applicable, the third-party donor. (b) Rule of construction Nothing in this section shall be construed to require the Secretary to furnish maternity care to a covered individual, in addition to what is otherwise required by section 1786 of this title or other provisions of law. (c) Relationship to State law The legal status, custody, future use, donation, disposition, or destruction, of gametes or embryos relating to treatment or services furnished under this section shall be determined in accordance with the law of the State in which the gametes or embryos are located. (d) Payments for beneficiary travel for partners For purposes of paying travel expenses under section 111 of this title for treatment or services furnished under this section to a partner of a covered veteran, the Secretary shall deem the partner to be a veteran receiving treatment or care under this chapter. (e) Definitions In this section: (1) The term assisted reproductive technology includes in vitro fertilization and other infertility treatments. (2) The term covered individual means a covered veteran or a partner of a covered veteran. (3) The term covered veteran means a veteran who is enrolled in the system of annual patient enrollment established under section 1705(a) of this title and— (A) has infertility; or (B) is at risk of having infertility, as determined by a licensed physician based on— (i) the medical, sexual, and reproductive history, age, physical findings, or diagnostic testing, or a combination thereof, of the veteran; or (ii) any planned medication therapy, surgery, radiation, chemotherapy, or other medical treatment. (4) The term infertility means a disease, condition, or status characterized by— (A) the inability of a person to reproduce either as an individual or with the partner of the individual; or (B) the failure to conceive a pregnancy or to carry a pregnancy to live birth after one year of regular, unprotected sexual intercourse. (5) The term partner , with respect to a veteran, means an individual selected by the veteran who agrees to share with the veteran the parental responsibilities with respect to any child born as a result of the use of any infertility treatment under this section. (6) The term standard fertility preservation service includes the procurement, cryopreservation, and storage of gametes and embryos.
10,111
[ "Veterans' Affairs Committee" ]
118hr3157ih
118
hr
3,157
ih
To authorize the Secretary of the Treasury to issue obligations to make Medicare and Social Security payments, veterans disability benefits, and military benefits, despite the debt limit being reached.
[ { "text": "1. Short title \nThis Act may be cited as the Protecting American Benefits Act.", "id": "H98AE476988B843A79C91F48EB7868A60", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Social Security and Medicare programs, veterans disability benefits, military benefits, and the debt limit \nSection 3101 of title 31, United States Code, is amended— (1) in subsection (b), by striking The face and inserting Subject to subsection (d), the face ; and (2) by adding at the end the following: (d) (1) If the face value of the amount of obligations described in subsection (b) reaches the limit on such obligations under subsection (b), the Secretary may issue obligations under this chapter to the extent necessary to make timely payment of the full amount of— (A) benefits authorized under the Medicare program established under title XVIII of the Social Security Act ( 42 U.S.C. 1395 et seq. ) or the old-age, survivors, and disability insurance benefits program established under title II of the Social Security Act ( 42 U.S.C. 401 et seq. ), (B) benefits administered by the Secretary of Veterans Affairs to which an individual is entitled on the basis of a service-connected death or disability, and (C) pay for members of the armed forces under title 37, United States Code. (2) With respect to each instance in which the Secretary of the Treasury begins issuing obligations in accordance with paragraph (1), the face value of such obligations issued during such instance shall not be taken into account in determining the face value of obligations for purposes of subsection (b) during the period— (A) beginning on the date on which the Secretary began issuing obligations in accordance with paragraph (1) during such instance; and (B) ending on the day after the date of enactment of the first law enacted after the date described in subparagraph (A) increasing the limit under subsection (b)..", "id": "H796CE6CC30B34478BE63A57AFECE5B15", "header": "Social Security and Medicare programs, veterans disability benefits, military benefits, and the debt limit", "nested": [], "links": [ { "text": "42 U.S.C. 1395 et seq.", "legal-doc": "usc", "parsable-cite": "usc/42/1395" }, { "text": "42 U.S.C. 401 et seq.", "legal-doc": "usc", "parsable-cite": "usc/42/401" } ] } ]
2
1. Short title This Act may be cited as the Protecting American Benefits Act. 2. Social Security and Medicare programs, veterans disability benefits, military benefits, and the debt limit Section 3101 of title 31, United States Code, is amended— (1) in subsection (b), by striking The face and inserting Subject to subsection (d), the face ; and (2) by adding at the end the following: (d) (1) If the face value of the amount of obligations described in subsection (b) reaches the limit on such obligations under subsection (b), the Secretary may issue obligations under this chapter to the extent necessary to make timely payment of the full amount of— (A) benefits authorized under the Medicare program established under title XVIII of the Social Security Act ( 42 U.S.C. 1395 et seq. ) or the old-age, survivors, and disability insurance benefits program established under title II of the Social Security Act ( 42 U.S.C. 401 et seq. ), (B) benefits administered by the Secretary of Veterans Affairs to which an individual is entitled on the basis of a service-connected death or disability, and (C) pay for members of the armed forces under title 37, United States Code. (2) With respect to each instance in which the Secretary of the Treasury begins issuing obligations in accordance with paragraph (1), the face value of such obligations issued during such instance shall not be taken into account in determining the face value of obligations for purposes of subsection (b) during the period— (A) beginning on the date on which the Secretary began issuing obligations in accordance with paragraph (1) during such instance; and (B) ending on the day after the date of enactment of the first law enacted after the date described in subparagraph (A) increasing the limit under subsection (b)..
1,797
[ "Ways and Means Committee" ]
118hr5913ih
118
hr
5,913
ih
To amend title 38, United States Code, to improve employment services for veterans by consolidating various programs in the Department of Veterans Affairs, and for other purposes.
[ { "text": "1. Short title \nThis Act may be cited as the Consolidating Veteran Employment Services for Improved Performance Act of 2023.", "id": "H939EECA4BF5A4346BEBBFACAC7F204FC", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Transfer of Department of Labor veterans programs to Department of Veterans Affairs \n(a) Transfer of functions \n(1) In general \nEffective October 1, 2025, there shall be transferred to the Secretary of Veterans Affairs all functions performed under the following programs of the Department of Labor, and all personnel, assets, and liabilities pertaining to such programs, immediately before such transfer occurs: (A) Job counseling, training, and placement services for veterans under chapter 41 of title 38, United States Code. (B) Federal Government employment services by the Secretary of Labor under section 4214 of such title. (C) Administration of employment and reemployment rights of members of the uniformed services under chapter 43 of such title. (D) Homeless veterans reintegration programs under chapter 20 of such title. (E) Employment and veterans benefits training under the Transition Assistance Program under section 1144 of title 10, United States Code. (2) Memorandums of agreement \nThe Secretary of Veterans Affairs shall enter into memorandums of agreement with the Secretary of Labor and with States (as defined in section 4101(6) of title 38, United States Code), as the Secretary of Veterans Affairs determines necessary, to implement the transition of the programs specified under paragraph (1). (3) Rule of construction \nNothing in this Act may be construed to affect the role and responsibility of the Secretary of Labor with respect to programs not administered by the Assistant Secretary of Labor for Veterans' Employment and Training Service as of the day before the date of the enactment of this Act that are specified under paragraph (1). (b) Budget request \nUnder section 1105 of title 31, United States Code, the President shall include in the President’s budget request for the Department of Veterans Affairs for fiscal year 2027, and for each subsequent fiscal year, funding requested for the functions referred to in subsection (a)(1). (c) References \nAny reference in any other Federal law, Executive order, rule, regulation, or delegation of authority, or any document of or pertaining to a department or office from which a function is transferred by this Act— (1) to the head of such department or office is deemed to refer to the head of the department or office to which such function is transferred; or (2) to such department or office is deemed to refer to the department or office to which such function is transferred. (d) Exercise of authorities \nExcept as otherwise provided by law, a Federal official to whom a function is transferred by this Act may, for purposes of performing the function, exercise all authorities under any other provision of law that were available with respect to the performance of that function to the official responsible for the performance of the function immediately before the effective date of the transfer of the function under this Act. (e) Savings provisions \n(1) Legal documents \nAll orders, determinations, rules, regulations, permits, grants, loans, contracts, agreements, certificates, licenses, and privileges— (A) that have been issued, made, granted, or allowed to become effective by the President, the Secretary of Labor, the Secretary of Veterans Affairs, any officer or employee of any office transferred by this Act, or any other Government official, or by a court of competent jurisdiction, in the performance of any function that is transferred by this Act, and (B) that are in effect on the effective date of such transfer (or become effective after such date pursuant to their terms as in effect on such effective date), shall continue in effect according to their terms until modified, terminated, superseded, set aside, or revoked in accordance with law by the President, any other authorized official, a court of competent jurisdiction, or operation of law. (2) Proceedings \nThis Act shall not affect any proceedings or any application for any benefits, service, license, permit, certificate, or financial assistance pending on the date of the enactment of this Act before an office transferred by this Act, but such proceedings and applications shall be continued. Orders shall be issued in such proceedings, appeals shall be taken therefrom, and payments shall be made pursuant to such orders, as if this Act had not been enacted, and orders issued in any such proceeding shall continue in effect until modified, terminated, superseded, or revoked by a duly authorized official, by a court of competent jurisdiction, or by operation of law. Nothing in this subsection shall be considered to prohibit the discontinuance or modification of any such proceeding under the same terms and conditions and to the same extent that such proceeding could have been discontinued or modified if this Act had not been enacted. (3) Suits \nThis Act shall not affect suits commenced before the date of the enactment of this Act, and in all such suits, proceeding shall be had, appeals taken, and judgments rendered in the same manner and with the same effect as if this Act had not been enacted. (4) Nonabatement of actions \nNo suit, action, or other proceeding commenced by or against the Department of Labor or the Secretary of Labor, or by or against any individual in the official capacity of such individual as an officer or employee of an office transferred by this Act, shall abate by reason of the enactment of this Act. (5) Continuance of suits \nIf any Government officer in the official capacity of such officer is party to a suit with respect to a function of the officer, and under this Act such function is transferred to any other officer or office, then such suit shall be continued with the other officer or the head of such other office, as applicable, substituted or added as a party. (6) Administrative procedure and judicial review \nExcept as otherwise provided by this Act, any statutory requirements relating to notice, hearings, action upon the record, or administrative or judicial review that apply to any function transferred by this Act shall apply to the exercise of such function by the head of the Federal agency, and other officers of the agency, to which such function is transferred by this Act. (f) Transfer of assets \nExcept as otherwise provided in this Act, so much of the personnel, property, records, and unexpended balances of appropriations, allocations, and other funds employed, used, held, available, or to be made available in connection with a function transferred to an official or agency by this Act shall be available to the official or the head of that agency, respectively, at such time or times as the Director of the Office of Management and Budget directs for use in connection with the functions transferred. (g) Delegation and assignment \nExcept as otherwise expressly prohibited by law or otherwise provided in this Act, an official to whom functions are transferred under this Act (including the head of any office to which functions are transferred under this Act) may delegate any of the functions so transferred to such officers and employees of the office of the official as the official may designate, and may authorize successive redelegations of such functions as may be necessary or appropriate. No delegation of functions under this section or under any other provision of this Act shall relieve the official to whom a function is transferred under this Act of responsibility for the administration of the function. (h) Authority of Director of the Office of Management and Budget with respect to functions transferred \n(1) Determinations \nIf necessary, the Director of Management and Budget shall make any determination of the functions that are transferred under this Act. (2) Incidental transfers \nThe Director, at such time or times as the Director shall provide, may make such determinations as may be necessary with regard to the functions transferred by this Act, and to make such additional incidental dispositions of personnel, assets, liabilities, grants, contracts, property, records, and unexpended balances of appropriations, authorizations, allocations, and other funds held, used, arising from, available to, or to be made available in connection with such functions, as may be necessary to carry out the provisions of this Act. The Director shall provide for the termination of the affairs of all entities terminated by this Act and for such further measures and dispositions as may be necessary to effectuate the purposes of this Act. (i) Certain vesting of functions considered transfers \nFor purposes of this Act, the vesting of a function in a department or office pursuant to reestablishment of an office shall be considered to be the transfer of the function. (j) Availability of existing funds \nExisting appropriations and funds available for the performance of functions, programs, and activities terminated pursuant to this Act shall remain available, for the duration of their period of availability, for necessary expenses in connection with the termination and resolution of such functions, programs, and activities. (k) Definitions \nFor purposes of this Act— (1) the term function includes any duty, obligation, power, authority, responsibility, right, privilege, activity, or program; and (2) the term office includes any office, administration, agency, bureau, institute, council, unit, organizational entity, or component thereof.", "id": "HA03C6DFEFB12470892723E6EF4D35283", "header": "Transfer of Department of Labor veterans programs to Department of Veterans Affairs", "nested": [ { "text": "(a) Transfer of functions \n(1) In general \nEffective October 1, 2025, there shall be transferred to the Secretary of Veterans Affairs all functions performed under the following programs of the Department of Labor, and all personnel, assets, and liabilities pertaining to such programs, immediately before such transfer occurs: (A) Job counseling, training, and placement services for veterans under chapter 41 of title 38, United States Code. (B) Federal Government employment services by the Secretary of Labor under section 4214 of such title. (C) Administration of employment and reemployment rights of members of the uniformed services under chapter 43 of such title. (D) Homeless veterans reintegration programs under chapter 20 of such title. (E) Employment and veterans benefits training under the Transition Assistance Program under section 1144 of title 10, United States Code. (2) Memorandums of agreement \nThe Secretary of Veterans Affairs shall enter into memorandums of agreement with the Secretary of Labor and with States (as defined in section 4101(6) of title 38, United States Code), as the Secretary of Veterans Affairs determines necessary, to implement the transition of the programs specified under paragraph (1). (3) Rule of construction \nNothing in this Act may be construed to affect the role and responsibility of the Secretary of Labor with respect to programs not administered by the Assistant Secretary of Labor for Veterans' Employment and Training Service as of the day before the date of the enactment of this Act that are specified under paragraph (1).", "id": "HF06CA8461F5748DCBF97450846FCD488", "header": "Transfer of functions", "nested": [], "links": [ { "text": "chapter 41", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/38/41" } ] }, { "text": "(b) Budget request \nUnder section 1105 of title 31, United States Code, the President shall include in the President’s budget request for the Department of Veterans Affairs for fiscal year 2027, and for each subsequent fiscal year, funding requested for the functions referred to in subsection (a)(1).", "id": "H10108358BA234630AB48382A96307AB4", "header": "Budget request", "nested": [], "links": [] }, { "text": "(c) References \nAny reference in any other Federal law, Executive order, rule, regulation, or delegation of authority, or any document of or pertaining to a department or office from which a function is transferred by this Act— (1) to the head of such department or office is deemed to refer to the head of the department or office to which such function is transferred; or (2) to such department or office is deemed to refer to the department or office to which such function is transferred.", "id": "H44101FAE8D4B45C9B5B424F93C4BE3B4", "header": "References", "nested": [], "links": [] }, { "text": "(d) Exercise of authorities \nExcept as otherwise provided by law, a Federal official to whom a function is transferred by this Act may, for purposes of performing the function, exercise all authorities under any other provision of law that were available with respect to the performance of that function to the official responsible for the performance of the function immediately before the effective date of the transfer of the function under this Act.", "id": "HF523F901E34C4092934E3A181BF3662C", "header": "Exercise of authorities", "nested": [], "links": [] }, { "text": "(e) Savings provisions \n(1) Legal documents \nAll orders, determinations, rules, regulations, permits, grants, loans, contracts, agreements, certificates, licenses, and privileges— (A) that have been issued, made, granted, or allowed to become effective by the President, the Secretary of Labor, the Secretary of Veterans Affairs, any officer or employee of any office transferred by this Act, or any other Government official, or by a court of competent jurisdiction, in the performance of any function that is transferred by this Act, and (B) that are in effect on the effective date of such transfer (or become effective after such date pursuant to their terms as in effect on such effective date), shall continue in effect according to their terms until modified, terminated, superseded, set aside, or revoked in accordance with law by the President, any other authorized official, a court of competent jurisdiction, or operation of law. (2) Proceedings \nThis Act shall not affect any proceedings or any application for any benefits, service, license, permit, certificate, or financial assistance pending on the date of the enactment of this Act before an office transferred by this Act, but such proceedings and applications shall be continued. Orders shall be issued in such proceedings, appeals shall be taken therefrom, and payments shall be made pursuant to such orders, as if this Act had not been enacted, and orders issued in any such proceeding shall continue in effect until modified, terminated, superseded, or revoked by a duly authorized official, by a court of competent jurisdiction, or by operation of law. Nothing in this subsection shall be considered to prohibit the discontinuance or modification of any such proceeding under the same terms and conditions and to the same extent that such proceeding could have been discontinued or modified if this Act had not been enacted. (3) Suits \nThis Act shall not affect suits commenced before the date of the enactment of this Act, and in all such suits, proceeding shall be had, appeals taken, and judgments rendered in the same manner and with the same effect as if this Act had not been enacted. (4) Nonabatement of actions \nNo suit, action, or other proceeding commenced by or against the Department of Labor or the Secretary of Labor, or by or against any individual in the official capacity of such individual as an officer or employee of an office transferred by this Act, shall abate by reason of the enactment of this Act. (5) Continuance of suits \nIf any Government officer in the official capacity of such officer is party to a suit with respect to a function of the officer, and under this Act such function is transferred to any other officer or office, then such suit shall be continued with the other officer or the head of such other office, as applicable, substituted or added as a party. (6) Administrative procedure and judicial review \nExcept as otherwise provided by this Act, any statutory requirements relating to notice, hearings, action upon the record, or administrative or judicial review that apply to any function transferred by this Act shall apply to the exercise of such function by the head of the Federal agency, and other officers of the agency, to which such function is transferred by this Act.", "id": "H00322BBC44824FDC8E42DAD3620A9E9A", "header": "Savings provisions", "nested": [], "links": [] }, { "text": "(f) Transfer of assets \nExcept as otherwise provided in this Act, so much of the personnel, property, records, and unexpended balances of appropriations, allocations, and other funds employed, used, held, available, or to be made available in connection with a function transferred to an official or agency by this Act shall be available to the official or the head of that agency, respectively, at such time or times as the Director of the Office of Management and Budget directs for use in connection with the functions transferred.", "id": "H33814370FBC84BCDA8F84DEF787334DF", "header": "Transfer of assets", "nested": [], "links": [] }, { "text": "(g) Delegation and assignment \nExcept as otherwise expressly prohibited by law or otherwise provided in this Act, an official to whom functions are transferred under this Act (including the head of any office to which functions are transferred under this Act) may delegate any of the functions so transferred to such officers and employees of the office of the official as the official may designate, and may authorize successive redelegations of such functions as may be necessary or appropriate. No delegation of functions under this section or under any other provision of this Act shall relieve the official to whom a function is transferred under this Act of responsibility for the administration of the function.", "id": "HA123AAA3AE324C3BAF21B4589DA007AE", "header": "Delegation and assignment", "nested": [], "links": [] }, { "text": "(h) Authority of Director of the Office of Management and Budget with respect to functions transferred \n(1) Determinations \nIf necessary, the Director of Management and Budget shall make any determination of the functions that are transferred under this Act. (2) Incidental transfers \nThe Director, at such time or times as the Director shall provide, may make such determinations as may be necessary with regard to the functions transferred by this Act, and to make such additional incidental dispositions of personnel, assets, liabilities, grants, contracts, property, records, and unexpended balances of appropriations, authorizations, allocations, and other funds held, used, arising from, available to, or to be made available in connection with such functions, as may be necessary to carry out the provisions of this Act. The Director shall provide for the termination of the affairs of all entities terminated by this Act and for such further measures and dispositions as may be necessary to effectuate the purposes of this Act.", "id": "H42FE4CD393DA42299B8D764833751B44", "header": "Authority of Director of the Office of Management and Budget with respect to functions transferred", "nested": [], "links": [] }, { "text": "(i) Certain vesting of functions considered transfers \nFor purposes of this Act, the vesting of a function in a department or office pursuant to reestablishment of an office shall be considered to be the transfer of the function.", "id": "H8EAA695FFED545568F95A3241622B797", "header": "Certain vesting of functions considered transfers", "nested": [], "links": [] }, { "text": "(j) Availability of existing funds \nExisting appropriations and funds available for the performance of functions, programs, and activities terminated pursuant to this Act shall remain available, for the duration of their period of availability, for necessary expenses in connection with the termination and resolution of such functions, programs, and activities.", "id": "H51A4B0694F7D45D88190C4664DD82547", "header": "Availability of existing funds", "nested": [], "links": [] }, { "text": "(k) Definitions \nFor purposes of this Act— (1) the term function includes any duty, obligation, power, authority, responsibility, right, privilege, activity, or program; and (2) the term office includes any office, administration, agency, bureau, institute, council, unit, organizational entity, or component thereof.", "id": "H29C770F8F706448D99E3F718C7C6C4F4", "header": "Definitions", "nested": [], "links": [] } ], "links": [ { "text": "chapter 41", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/38/41" } ] }, { "text": "3. Deputy Under Secretary of Veterans Affairs for Veterans’ Employment and Training \n(a) In general \nSubsection (a) of section 4102A of title 38, United States Code, is amended to read as follows: (a) Deputy Under Secretary for Veterans’ Employment and Training \nThere is established within the Department a Deputy Under Secretary for Veterans’ Employment and Training, who shall formulate and implement all departmental policies and procedures to carry out the purposes of this chapter, chapter 20, and chapter 43 of this title and the Transition Assistance Program under section 1144 of title 10, United States Code.. (b) Clerical amendments \nChapter 41 of title 38, United States Code, is amended as follows: (1) The section heading of section 4102A of such title is amended to read as follows: 4102A. Deputy Under Secretary for Veterans’ Employment and Training; program functions; Regional Administrators \n. (2) The item relating to such section in the table of sections at the beginning of such chapter is amended to read as follows: 4102A. Deputy Under Secretary for Veterans’ Employment and Training; program functions; Regional Administrators.. (c) Effective date \nThe amendments made by this section shall take effect on October 1, 2025.", "id": "H0EA1302FF8124844A0BC0666A5117D2C", "header": "Deputy Under Secretary of Veterans Affairs for Veterans’ Employment and Training", "nested": [ { "text": "(a) In general \nSubsection (a) of section 4102A of title 38, United States Code, is amended to read as follows: (a) Deputy Under Secretary for Veterans’ Employment and Training \nThere is established within the Department a Deputy Under Secretary for Veterans’ Employment and Training, who shall formulate and implement all departmental policies and procedures to carry out the purposes of this chapter, chapter 20, and chapter 43 of this title and the Transition Assistance Program under section 1144 of title 10, United States Code..", "id": "HE9E90F79C4B64EF18731BFFF135A56D5", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Clerical amendments \nChapter 41 of title 38, United States Code, is amended as follows: (1) The section heading of section 4102A of such title is amended to read as follows: 4102A. Deputy Under Secretary for Veterans’ Employment and Training; program functions; Regional Administrators \n. (2) The item relating to such section in the table of sections at the beginning of such chapter is amended to read as follows: 4102A. Deputy Under Secretary for Veterans’ Employment and Training; program functions; Regional Administrators..", "id": "H725DF7C6C2A544258DDEB1355A98E079", "header": "Clerical amendments", "nested": [], "links": [ { "text": "Chapter 41", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/38/41" } ] }, { "text": "(c) Effective date \nThe amendments made by this section shall take effect on October 1, 2025.", "id": "H20DE2C312A2E457893E389FD80F07279", "header": "Effective date", "nested": [], "links": [] } ], "links": [ { "text": "Chapter 41", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/38/41" } ] }, { "text": "4102A. Deputy Under Secretary for Veterans’ Employment and Training; program functions; Regional Administrators", "id": "H0E7B664C8F764CE39A6869EB3C8EDDE1", "header": "Deputy Under Secretary for Veterans’ Employment and Training; program functions; Regional Administrators", "nested": [], "links": [] }, { "text": "4. Consolidation of disabled veterans outreach program and local veterans’ employment representatives \n(a) Consolidation \n(1) In general \nSection 4104 of title 38, United States Code, is amended to read as follows: 4104. Veteran employment specialists \n(a) Requirement for employment by states \n(1) Subject to approval by the Secretary, a State shall employ and assign such full- or part-time veteran employment specialists in an agency of the State as the State determines appropriate and efficient to carry out the following: (A) Employment, training, and placement services under this chapter. (B) Intensive services under this chapter to meet the employment needs of eligible veterans with the following priority in the provision of services: (i) Special disabled veterans. (ii) Other disabled veterans. (iii) Other eligible veterans in accordance with priorities determined by the Secretary taking into account applicable rates of unemployment and the employment emphases set forth in chapter 42 of this title. (2) In the provision of services in accordance with this subsection, maximum emphasis in meeting the employment and training needs of veterans shall be placed on assisting economically or educationally disadvantaged veterans. (b) Principal duties \nAs principal duties, veteran employment specialists shall— (1) conduct outreach to employers in the area to assist veterans and disabled veterans in gaining employment, including conducting seminars for employers and, in conjunction with employers, conducting job search workshops and establishing job search groups; and (2) facilitate employment, training, and placement services furnished to veterans and disabled veterans in a State under the applicable State employment service delivery systems. (c) Requirement for qualified veterans \n(1) Except as provided by paragraph (2), a State shall, to the maximum extent practicable, employ qualified veterans to carry out the services referred to in subsection (a). Preference shall be given in the appointment of such specialists to qualified disabled veterans. Preference shall be accorded in the following order: (A) To qualified service-connected disabled veterans. (B) If no veteran described in subparagraph (A) is available, to qualified eligible veterans. (C) If no veteran described in subparagraph (A) or (B) is available, then to qualified eligible persons. (2) During any period in which more than 10 percent of the individuals employed to carry out the services referred to in subsection (a) are non-veterans, the preference accorded under paragraph (1) shall be as follows: (A) To qualified service-connected disabled veterans. (B) If no veteran described in subparagraph (A) is available, to qualified eligible veterans. (3) (A) Each State that employs a veteran employment specialist under this section shall submit to the Secretary an annual report on the qualifications used by the State in making hiring determinations for such specialists and the salary structure under which such specialists are compensated. (B) The Secretary shall submit to the Committees on Veterans’ Affairs of the Senate and House of Representatives an annual report summarizing the reports submitted under subparagraph (A). (C) The first report submitted by the Secretary under subparagraph (B) shall include an evaluation of whether the pay for veteran employment specialists should be scheduled on a standard basis for each State and include locality pay. (d) Part-Time employees \nA part-time veteran employment specialist shall perform the functions of a veteran employment specialist under this section on a halftime basis. (e) Reporting \nEach veteran employment specialist shall be administratively responsible to the manager of the employment service delivery system and shall provide reports, not less frequently than quarterly, to the manager of such office and to the Director for Veterans’ Employment and Training for the State regarding compliance with Federal law and regulations with respect to special services and priorities for eligible veterans and eligible persons.. (2) Clerical amendment \nThe table of sections at the beginning of such chapter is amended by striking the item relating to section 4104 and inserting the following new item: 4104. Veteran employment specialists.. (3) Training \nThe Secretary of Veterans Affairs shall ensure that an individual who is a veteran employment specialist under section 4104 of title 38, United States Code, as amended by paragraph (1), is properly trained to carry out the duties of such position. (b) Conforming amendments \nSuch title is further amended— (1) by striking section 4103A and by striking the item relating to such section in the table of sections at the beginning of chapter 41 of such title; (2) in section 4102A— (A) in subsection (b)— (i) in paragraph (5)— (I) by striking subparagraph (B) and redesignating subparagraph (C) as subparagraph (B); (II) by amending subparagraph (A) to read as follows: (A) veteran employment specialists appointed under section 4104(a) of this title; and ; and (III) in subparagraph (B), as so redesignated, by striking such specialists and representatives described in subparagraphs (A) and (B) and inserting such representatives described in subparagraph (A) ; (ii) in paragraph (7), by striking disabled veterans’ outreach program specialists and through local veterans’ employment representatives and inserting veteran employment specialists ; (B) in subsection (c)— (i) in paragraph (1)— (I) by striking sections 4103A(a) and and inserting section ; and (II) by striking section 4103A or ; (ii) in paragraph (2)(A)— (I) in clause (i)(I)— (aa) by striking disabled veterans’ outreach program specialists and local veterans’ employment representatives and inserting veteran employment specialists ; and (bb) by striking sections 4103A and 4104 and inserting section 4104 ; (II) in clause (iii), by striking disabled veterans’ outreach program specialist or a local veterans’ employment representative and inserting veteran employment specialist ; (iii) in paragraph (4), by striking 4103A or ; (iv) in paragraph (5), by striking disabled veterans’ outreach program specialist and local veterans’ employment representative and inserting veteran employment specialist ; (v) in paragraph (7), by striking 4103A or ; and (vi) in paragraph (8)(A)— (I) by striking 4103A or ; and (II) by striking disabled veterans’ outreach program specialist or a local veterans’ employment representative and inserting veteran employment specialist ; and (C) in subsection (f)(1), by striking disabled veterans’ outreach program specialists and local veterans’ employment representatives and inserting veteran employment specialists ; (3) in section 4109(a), by striking disabled veterans’ outreach program specialists, local veterans’ employment representatives and inserting veteran employment specialists ; (4) in section 4112(d)— (A) in paragraph (1), by striking disabled veterans’ outreach program specialist and inserting veteran employment specialist ; and (B) by striking paragraph (2) and redesignating paragraph (3) as paragraph (2); and (5) in section 3672(d)(1), by striking disabled veterans’ outreach program specialists under section 4103A and inserting veteran employment specialists appointed under section 4104(a). (c) Effective date \nThe amendments made by this section shall take effect on October 1, 2025.", "id": "HAB38238CB4ED4914982F02DEDDF401CD", "header": "Consolidation of disabled veterans outreach program and local veterans’ employment representatives", "nested": [ { "text": "(a) Consolidation \n(1) In general \nSection 4104 of title 38, United States Code, is amended to read as follows: 4104. Veteran employment specialists \n(a) Requirement for employment by states \n(1) Subject to approval by the Secretary, a State shall employ and assign such full- or part-time veteran employment specialists in an agency of the State as the State determines appropriate and efficient to carry out the following: (A) Employment, training, and placement services under this chapter. (B) Intensive services under this chapter to meet the employment needs of eligible veterans with the following priority in the provision of services: (i) Special disabled veterans. (ii) Other disabled veterans. (iii) Other eligible veterans in accordance with priorities determined by the Secretary taking into account applicable rates of unemployment and the employment emphases set forth in chapter 42 of this title. (2) In the provision of services in accordance with this subsection, maximum emphasis in meeting the employment and training needs of veterans shall be placed on assisting economically or educationally disadvantaged veterans. (b) Principal duties \nAs principal duties, veteran employment specialists shall— (1) conduct outreach to employers in the area to assist veterans and disabled veterans in gaining employment, including conducting seminars for employers and, in conjunction with employers, conducting job search workshops and establishing job search groups; and (2) facilitate employment, training, and placement services furnished to veterans and disabled veterans in a State under the applicable State employment service delivery systems. (c) Requirement for qualified veterans \n(1) Except as provided by paragraph (2), a State shall, to the maximum extent practicable, employ qualified veterans to carry out the services referred to in subsection (a). Preference shall be given in the appointment of such specialists to qualified disabled veterans. Preference shall be accorded in the following order: (A) To qualified service-connected disabled veterans. (B) If no veteran described in subparagraph (A) is available, to qualified eligible veterans. (C) If no veteran described in subparagraph (A) or (B) is available, then to qualified eligible persons. (2) During any period in which more than 10 percent of the individuals employed to carry out the services referred to in subsection (a) are non-veterans, the preference accorded under paragraph (1) shall be as follows: (A) To qualified service-connected disabled veterans. (B) If no veteran described in subparagraph (A) is available, to qualified eligible veterans. (3) (A) Each State that employs a veteran employment specialist under this section shall submit to the Secretary an annual report on the qualifications used by the State in making hiring determinations for such specialists and the salary structure under which such specialists are compensated. (B) The Secretary shall submit to the Committees on Veterans’ Affairs of the Senate and House of Representatives an annual report summarizing the reports submitted under subparagraph (A). (C) The first report submitted by the Secretary under subparagraph (B) shall include an evaluation of whether the pay for veteran employment specialists should be scheduled on a standard basis for each State and include locality pay. (d) Part-Time employees \nA part-time veteran employment specialist shall perform the functions of a veteran employment specialist under this section on a halftime basis. (e) Reporting \nEach veteran employment specialist shall be administratively responsible to the manager of the employment service delivery system and shall provide reports, not less frequently than quarterly, to the manager of such office and to the Director for Veterans’ Employment and Training for the State regarding compliance with Federal law and regulations with respect to special services and priorities for eligible veterans and eligible persons.. (2) Clerical amendment \nThe table of sections at the beginning of such chapter is amended by striking the item relating to section 4104 and inserting the following new item: 4104. Veteran employment specialists.. (3) Training \nThe Secretary of Veterans Affairs shall ensure that an individual who is a veteran employment specialist under section 4104 of title 38, United States Code, as amended by paragraph (1), is properly trained to carry out the duties of such position.", "id": "H2874452920FD49488A3F314EF9C75217", "header": "Consolidation", "nested": [], "links": [] }, { "text": "(b) Conforming amendments \nSuch title is further amended— (1) by striking section 4103A and by striking the item relating to such section in the table of sections at the beginning of chapter 41 of such title; (2) in section 4102A— (A) in subsection (b)— (i) in paragraph (5)— (I) by striking subparagraph (B) and redesignating subparagraph (C) as subparagraph (B); (II) by amending subparagraph (A) to read as follows: (A) veteran employment specialists appointed under section 4104(a) of this title; and ; and (III) in subparagraph (B), as so redesignated, by striking such specialists and representatives described in subparagraphs (A) and (B) and inserting such representatives described in subparagraph (A) ; (ii) in paragraph (7), by striking disabled veterans’ outreach program specialists and through local veterans’ employment representatives and inserting veteran employment specialists ; (B) in subsection (c)— (i) in paragraph (1)— (I) by striking sections 4103A(a) and and inserting section ; and (II) by striking section 4103A or ; (ii) in paragraph (2)(A)— (I) in clause (i)(I)— (aa) by striking disabled veterans’ outreach program specialists and local veterans’ employment representatives and inserting veteran employment specialists ; and (bb) by striking sections 4103A and 4104 and inserting section 4104 ; (II) in clause (iii), by striking disabled veterans’ outreach program specialist or a local veterans’ employment representative and inserting veteran employment specialist ; (iii) in paragraph (4), by striking 4103A or ; (iv) in paragraph (5), by striking disabled veterans’ outreach program specialist and local veterans’ employment representative and inserting veteran employment specialist ; (v) in paragraph (7), by striking 4103A or ; and (vi) in paragraph (8)(A)— (I) by striking 4103A or ; and (II) by striking disabled veterans’ outreach program specialist or a local veterans’ employment representative and inserting veteran employment specialist ; and (C) in subsection (f)(1), by striking disabled veterans’ outreach program specialists and local veterans’ employment representatives and inserting veteran employment specialists ; (3) in section 4109(a), by striking disabled veterans’ outreach program specialists, local veterans’ employment representatives and inserting veteran employment specialists ; (4) in section 4112(d)— (A) in paragraph (1), by striking disabled veterans’ outreach program specialist and inserting veteran employment specialist ; and (B) by striking paragraph (2) and redesignating paragraph (3) as paragraph (2); and (5) in section 3672(d)(1), by striking disabled veterans’ outreach program specialists under section 4103A and inserting veteran employment specialists appointed under section 4104(a).", "id": "H9C2C7C9E6D354644832772D71E4A42F0", "header": "Conforming amendments", "nested": [], "links": [] }, { "text": "(c) Effective date \nThe amendments made by this section shall take effect on October 1, 2025.", "id": "H39421446AFF14690BE20FB3BF44B7DA7", "header": "Effective date", "nested": [], "links": [] } ], "links": [] }, { "text": "4104. Veteran employment specialists \n(a) Requirement for employment by states \n(1) Subject to approval by the Secretary, a State shall employ and assign such full- or part-time veteran employment specialists in an agency of the State as the State determines appropriate and efficient to carry out the following: (A) Employment, training, and placement services under this chapter. (B) Intensive services under this chapter to meet the employment needs of eligible veterans with the following priority in the provision of services: (i) Special disabled veterans. (ii) Other disabled veterans. (iii) Other eligible veterans in accordance with priorities determined by the Secretary taking into account applicable rates of unemployment and the employment emphases set forth in chapter 42 of this title. (2) In the provision of services in accordance with this subsection, maximum emphasis in meeting the employment and training needs of veterans shall be placed on assisting economically or educationally disadvantaged veterans. (b) Principal duties \nAs principal duties, veteran employment specialists shall— (1) conduct outreach to employers in the area to assist veterans and disabled veterans in gaining employment, including conducting seminars for employers and, in conjunction with employers, conducting job search workshops and establishing job search groups; and (2) facilitate employment, training, and placement services furnished to veterans and disabled veterans in a State under the applicable State employment service delivery systems. (c) Requirement for qualified veterans \n(1) Except as provided by paragraph (2), a State shall, to the maximum extent practicable, employ qualified veterans to carry out the services referred to in subsection (a). Preference shall be given in the appointment of such specialists to qualified disabled veterans. Preference shall be accorded in the following order: (A) To qualified service-connected disabled veterans. (B) If no veteran described in subparagraph (A) is available, to qualified eligible veterans. (C) If no veteran described in subparagraph (A) or (B) is available, then to qualified eligible persons. (2) During any period in which more than 10 percent of the individuals employed to carry out the services referred to in subsection (a) are non-veterans, the preference accorded under paragraph (1) shall be as follows: (A) To qualified service-connected disabled veterans. (B) If no veteran described in subparagraph (A) is available, to qualified eligible veterans. (3) (A) Each State that employs a veteran employment specialist under this section shall submit to the Secretary an annual report on the qualifications used by the State in making hiring determinations for such specialists and the salary structure under which such specialists are compensated. (B) The Secretary shall submit to the Committees on Veterans’ Affairs of the Senate and House of Representatives an annual report summarizing the reports submitted under subparagraph (A). (C) The first report submitted by the Secretary under subparagraph (B) shall include an evaluation of whether the pay for veteran employment specialists should be scheduled on a standard basis for each State and include locality pay. (d) Part-Time employees \nA part-time veteran employment specialist shall perform the functions of a veteran employment specialist under this section on a halftime basis. (e) Reporting \nEach veteran employment specialist shall be administratively responsible to the manager of the employment service delivery system and shall provide reports, not less frequently than quarterly, to the manager of such office and to the Director for Veterans’ Employment and Training for the State regarding compliance with Federal law and regulations with respect to special services and priorities for eligible veterans and eligible persons.", "id": "H83F56EB7E1C64738BEF6DDB28DE30181", "header": "Veteran employment specialists", "nested": [ { "text": "(a) Requirement for employment by states \n(1) Subject to approval by the Secretary, a State shall employ and assign such full- or part-time veteran employment specialists in an agency of the State as the State determines appropriate and efficient to carry out the following: (A) Employment, training, and placement services under this chapter. (B) Intensive services under this chapter to meet the employment needs of eligible veterans with the following priority in the provision of services: (i) Special disabled veterans. (ii) Other disabled veterans. (iii) Other eligible veterans in accordance with priorities determined by the Secretary taking into account applicable rates of unemployment and the employment emphases set forth in chapter 42 of this title. (2) In the provision of services in accordance with this subsection, maximum emphasis in meeting the employment and training needs of veterans shall be placed on assisting economically or educationally disadvantaged veterans.", "id": "H7768F47F6BE84E53985A7F73FCAF5973", "header": "Requirement for employment by states", "nested": [], "links": [] }, { "text": "(b) Principal duties \nAs principal duties, veteran employment specialists shall— (1) conduct outreach to employers in the area to assist veterans and disabled veterans in gaining employment, including conducting seminars for employers and, in conjunction with employers, conducting job search workshops and establishing job search groups; and (2) facilitate employment, training, and placement services furnished to veterans and disabled veterans in a State under the applicable State employment service delivery systems.", "id": "H05E0E29F3A2240E68215C79A039A55F2", "header": "Principal duties", "nested": [], "links": [] }, { "text": "(c) Requirement for qualified veterans \n(1) Except as provided by paragraph (2), a State shall, to the maximum extent practicable, employ qualified veterans to carry out the services referred to in subsection (a). Preference shall be given in the appointment of such specialists to qualified disabled veterans. Preference shall be accorded in the following order: (A) To qualified service-connected disabled veterans. (B) If no veteran described in subparagraph (A) is available, to qualified eligible veterans. (C) If no veteran described in subparagraph (A) or (B) is available, then to qualified eligible persons. (2) During any period in which more than 10 percent of the individuals employed to carry out the services referred to in subsection (a) are non-veterans, the preference accorded under paragraph (1) shall be as follows: (A) To qualified service-connected disabled veterans. (B) If no veteran described in subparagraph (A) is available, to qualified eligible veterans. (3) (A) Each State that employs a veteran employment specialist under this section shall submit to the Secretary an annual report on the qualifications used by the State in making hiring determinations for such specialists and the salary structure under which such specialists are compensated. (B) The Secretary shall submit to the Committees on Veterans’ Affairs of the Senate and House of Representatives an annual report summarizing the reports submitted under subparagraph (A). (C) The first report submitted by the Secretary under subparagraph (B) shall include an evaluation of whether the pay for veteran employment specialists should be scheduled on a standard basis for each State and include locality pay.", "id": "HAA62BC4D30414E6C95FBE7138480B9C0", "header": "Requirement for qualified veterans", "nested": [], "links": [] }, { "text": "(d) Part-Time employees \nA part-time veteran employment specialist shall perform the functions of a veteran employment specialist under this section on a halftime basis.", "id": "H39C6725AFCD141D8A581211671161863", "header": "Part-Time employees", "nested": [], "links": [] }, { "text": "(e) Reporting \nEach veteran employment specialist shall be administratively responsible to the manager of the employment service delivery system and shall provide reports, not less frequently than quarterly, to the manager of such office and to the Director for Veterans’ Employment and Training for the State regarding compliance with Federal law and regulations with respect to special services and priorities for eligible veterans and eligible persons.", "id": "HBC9D05F73D61412090B6D0E68BA92BAD", "header": "Reporting", "nested": [], "links": [] } ], "links": [] }, { "text": "5. Additional technical and conforming amendments \n(a) Chapter 41 \nChapter 41 of title 38, United States Code, as amended by this Act, is further amended as follows: (1) By striking Assistant Secretary of Labor for Veterans’ Employment and Training each place it appears and inserting Deputy Under Secretary for Veterans’ Employment and Training. (2) By striking Department of Labor each place it appears and inserting Department. (3) By striking Secretary of Labor each place it appears and inserting Secretary. (4) In section 4101, by striking paragraph (8). (5) In section 4102A(b)— (A) in paragraph (1), by striking such Assistant Secretary and inserting such Deputy Under Secretary ; and (B) in paragraph (3), by striking and consulting with the Secretary of Veterans Affairs. (6) In section 4105(b), by striking and the Secretary of Veterans Affairs both places it appears. (7) In section 4106(a), by striking chapters 42 and and inserting chapter. (8) By striking section 4108. (9) In the table of sections at the beginning of such chapter, by striking the item relating to section 4108. (10) In section 4110(d), by striking paragraph (1) and redesignating paragraphs (2) through (6) as paragraphs (1) through (5), respectively. (11) In section 4110A(b), by striking Congress and inserting the Committees on Veterans’ Affairs of the Senate and House of Representatives. (12) In subsections (b) through (h) of section 4114, by striking Assistant Secretary each place it appears and inserting Deputy Under Secretary. (b) Chapter 42 \nChapter 42 of title 38, United States Code, is amended as follows: (1) In section 4212(c), by striking include as part and inserting shall transmit to the Secretary of Veterans Affairs for inclusion as part. (2) In section 4215(d)(1)— (A) by striking In the and inserting For inclusion as part of the ; and (B) by striking shall evaluate and inserting shall transmit to the Secretary of Veterans Affairs an evaluation of. (c) Chapter 43 \nChapter 43 of title 38, United States Code, is amended as follows: (1) In section 4303, by striking paragraph (11). (2) By striking Secretary of Veterans Affairs each place it appears and inserting Secretary. (3) In section 4321, by striking (through the Veterans’ Employment and Training Service). (4) In section 4332(a)(1), by striking of Labor. (5) In section 4333, by striking , the Secretary of Defense, and the Secretary of Veterans Affairs and inserting and the Secretary of Defense. (d) Chapter 20 \nChapter 20 of title 38, United States Code, is amended as follows: (1) In section 2003(a)(4), by striking of the Department of Labor. (2) In section 2011(g)(2), by striking the Department of Labor,. (3) In section 2021— (A) by striking Secretary of Labor each place it appears and inserting Secretary ; and (B) in subsection (e)— (i) by striking the subsection heading and inserting the following: (c) Administration through Deputy Under Secretary for Veterans’ Employment and Training \n; and (ii) by striking Assistant Secretary of Labor for Veterans’ Employment and Training and inserting Deputy Under Secretary for Veterans’ Employment and Training. (4) In section 2021A— (A) by striking Secretary of Labor each place it appears and inserting Secretary ; and (B) in subsection (d)— (i) by striking the subsection heading and inserting the following: (d) Administration through Deputy Under Secretary for Veterans’ Employment and Training \n; and (ii) by striking Assistant Secretary of Labor for Veterans’ Employment and Training and inserting Deputy Under Secretary for Veterans’ Employment and Training. (5) In section 2023— (A) in subsection (a), by striking and the Secretary of Labor (hereinafter in this section referred to as the Secretaries ) ; and (B) by striking Secretaries each place it appears and inserting Secretary. (6) In section 2065(b)(5), by striking subparagraph (E) and redesignating subparagraphs (F) through (H) as subparagraphs (E) through (G), respectively. (7) In section 2066(a)(3), by striking subparagraph (A) and redesignating subparagraphs (B) through (G) as subparagraphs (A) through (F), respectively. (e) Other provisions of title 38 \nTitle 38, United States Code, is further amended as follows: (1) In section 542(a)(2)(B), by striking clause (i) and redesignating clauses (ii) and (iii) as clauses (i) and (ii), respectively. (2) In section 544(a)(2)(B), by striking clause (i) and redesignating clauses (ii) through (vi) as clauses (i) through (v), respectively. (3) In section 3118(b), by striking and the Assistant Secretary for Veterans’ Employment in the Department of Labor. (4) In section 3119(c), by striking Education, the Assistant Secretary for Veterans’ Employment in the Department of Labor,. (5) In section 3121(a)(3)— (A) by striking , (B) and inserting and (B) ; and (B) by striking , and (C) one representative of the Assistant Secretary of Labor for Veterans’ Employment and Training of the Department of Labor. (b) The Secretary shall, on a regular basis, consult with and seek the advice of the Committee with respect to the administration of veterans’ rehabilitation programs under this title. (6) In section 3692(a), by striking and the Assistant Secretary of Labor for Veterans’ Employment and Training shall be ex officio members and inserting an ex officio member. (7) In section 6306— (A) in subsection (a), by striking shall arrange with the Secretary of Labor for the State employment service to match and inserting shall ensure that the State employment service matches ; and (B) in subsection (b), by striking , in consultation with the Secretary of Labor,. (f) Title 10 \n(1) TAP Program \nSection 1144 of title 10, United States Code, is amended— (A) by striking Secretary of Labor each place it appears and inserting Secretary of Veterans Affairs ; (B) in subsection (a)— (i) in paragraph (1), by striking , the Secretary of Homeland Security, and the Secretary of Veterans Affairs and inserting and the Secretary of Homeland Security ; and (ii) in paragraph (2), by striking , the Secretary of Homeland Security, and the Secretary of Veterans Affairs shall cooperate with the Secretary of Labor and inserting and the Secretary of Homeland Security shall cooperate with the Secretary of Veterans Affairs ; (C) in subsection (d)(1), by striking Department of Labor to and inserting Department of Veterans Affairs to ; and (D) in the heading, by striking : Department of Labor. (2) Clerical amendment \nThe table of sections at the beginning of chapter 58 of title 10, United States Code, is amended by striking the item relating to section 1144 and inserting the following new item: 1144. Employment assistance, job training assistance, and other transitional services.. (g) Effective date \nThe amendments made by this section shall take effect on October 1, 2025.", "id": "H253CCE5EC4484169B7542F343F81A113", "header": "Additional technical and conforming amendments", "nested": [ { "text": "(a) Chapter 41 \nChapter 41 of title 38, United States Code, as amended by this Act, is further amended as follows: (1) By striking Assistant Secretary of Labor for Veterans’ Employment and Training each place it appears and inserting Deputy Under Secretary for Veterans’ Employment and Training. (2) By striking Department of Labor each place it appears and inserting Department. (3) By striking Secretary of Labor each place it appears and inserting Secretary. (4) In section 4101, by striking paragraph (8). (5) In section 4102A(b)— (A) in paragraph (1), by striking such Assistant Secretary and inserting such Deputy Under Secretary ; and (B) in paragraph (3), by striking and consulting with the Secretary of Veterans Affairs. (6) In section 4105(b), by striking and the Secretary of Veterans Affairs both places it appears. (7) In section 4106(a), by striking chapters 42 and and inserting chapter. (8) By striking section 4108. (9) In the table of sections at the beginning of such chapter, by striking the item relating to section 4108. (10) In section 4110(d), by striking paragraph (1) and redesignating paragraphs (2) through (6) as paragraphs (1) through (5), respectively. (11) In section 4110A(b), by striking Congress and inserting the Committees on Veterans’ Affairs of the Senate and House of Representatives. (12) In subsections (b) through (h) of section 4114, by striking Assistant Secretary each place it appears and inserting Deputy Under Secretary.", "id": "H891DEC15F5A8423FB692FAA48C5FE0CD", "header": "Chapter 41", "nested": [], "links": [ { "text": "Chapter 41", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/38/41" } ] }, { "text": "(b) Chapter 42 \nChapter 42 of title 38, United States Code, is amended as follows: (1) In section 4212(c), by striking include as part and inserting shall transmit to the Secretary of Veterans Affairs for inclusion as part. (2) In section 4215(d)(1)— (A) by striking In the and inserting For inclusion as part of the ; and (B) by striking shall evaluate and inserting shall transmit to the Secretary of Veterans Affairs an evaluation of.", "id": "HC79C49FD7D084FA8943FF43AAC378A7D", "header": "Chapter 42", "nested": [], "links": [ { "text": "Chapter 42", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/38/42" } ] }, { "text": "(c) Chapter 43 \nChapter 43 of title 38, United States Code, is amended as follows: (1) In section 4303, by striking paragraph (11). (2) By striking Secretary of Veterans Affairs each place it appears and inserting Secretary. (3) In section 4321, by striking (through the Veterans’ Employment and Training Service). (4) In section 4332(a)(1), by striking of Labor. (5) In section 4333, by striking , the Secretary of Defense, and the Secretary of Veterans Affairs and inserting and the Secretary of Defense.", "id": "H4F5EB78890974BF197F91F7769B9C802", "header": "Chapter 43", "nested": [], "links": [ { "text": "Chapter 43", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/38/43" } ] }, { "text": "(d) Chapter 20 \nChapter 20 of title 38, United States Code, is amended as follows: (1) In section 2003(a)(4), by striking of the Department of Labor. (2) In section 2011(g)(2), by striking the Department of Labor,. (3) In section 2021— (A) by striking Secretary of Labor each place it appears and inserting Secretary ; and (B) in subsection (e)— (i) by striking the subsection heading and inserting the following: (c) Administration through Deputy Under Secretary for Veterans’ Employment and Training \n; and (ii) by striking Assistant Secretary of Labor for Veterans’ Employment and Training and inserting Deputy Under Secretary for Veterans’ Employment and Training. (4) In section 2021A— (A) by striking Secretary of Labor each place it appears and inserting Secretary ; and (B) in subsection (d)— (i) by striking the subsection heading and inserting the following: (d) Administration through Deputy Under Secretary for Veterans’ Employment and Training \n; and (ii) by striking Assistant Secretary of Labor for Veterans’ Employment and Training and inserting Deputy Under Secretary for Veterans’ Employment and Training. (5) In section 2023— (A) in subsection (a), by striking and the Secretary of Labor (hereinafter in this section referred to as the Secretaries ) ; and (B) by striking Secretaries each place it appears and inserting Secretary. (6) In section 2065(b)(5), by striking subparagraph (E) and redesignating subparagraphs (F) through (H) as subparagraphs (E) through (G), respectively. (7) In section 2066(a)(3), by striking subparagraph (A) and redesignating subparagraphs (B) through (G) as subparagraphs (A) through (F), respectively.", "id": "HD99BDA37A5A34D8C9918FD8B9DB2E8C1", "header": "Chapter 20", "nested": [], "links": [ { "text": "Chapter 20", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/38/20" } ] }, { "text": "(e) Other provisions of title 38 \nTitle 38, United States Code, is further amended as follows: (1) In section 542(a)(2)(B), by striking clause (i) and redesignating clauses (ii) and (iii) as clauses (i) and (ii), respectively. (2) In section 544(a)(2)(B), by striking clause (i) and redesignating clauses (ii) through (vi) as clauses (i) through (v), respectively. (3) In section 3118(b), by striking and the Assistant Secretary for Veterans’ Employment in the Department of Labor. (4) In section 3119(c), by striking Education, the Assistant Secretary for Veterans’ Employment in the Department of Labor,. (5) In section 3121(a)(3)— (A) by striking , (B) and inserting and (B) ; and (B) by striking , and (C) one representative of the Assistant Secretary of Labor for Veterans’ Employment and Training of the Department of Labor. (b) The Secretary shall, on a regular basis, consult with and seek the advice of the Committee with respect to the administration of veterans’ rehabilitation programs under this title. (6) In section 3692(a), by striking and the Assistant Secretary of Labor for Veterans’ Employment and Training shall be ex officio members and inserting an ex officio member. (7) In section 6306— (A) in subsection (a), by striking shall arrange with the Secretary of Labor for the State employment service to match and inserting shall ensure that the State employment service matches ; and (B) in subsection (b), by striking , in consultation with the Secretary of Labor,.", "id": "H884DF20016FD4CF699313FA527B93D1B", "header": "Other provisions of title 38", "nested": [], "links": [] }, { "text": "(f) Title 10 \n(1) TAP Program \nSection 1144 of title 10, United States Code, is amended— (A) by striking Secretary of Labor each place it appears and inserting Secretary of Veterans Affairs ; (B) in subsection (a)— (i) in paragraph (1), by striking , the Secretary of Homeland Security, and the Secretary of Veterans Affairs and inserting and the Secretary of Homeland Security ; and (ii) in paragraph (2), by striking , the Secretary of Homeland Security, and the Secretary of Veterans Affairs shall cooperate with the Secretary of Labor and inserting and the Secretary of Homeland Security shall cooperate with the Secretary of Veterans Affairs ; (C) in subsection (d)(1), by striking Department of Labor to and inserting Department of Veterans Affairs to ; and (D) in the heading, by striking : Department of Labor. (2) Clerical amendment \nThe table of sections at the beginning of chapter 58 of title 10, United States Code, is amended by striking the item relating to section 1144 and inserting the following new item: 1144. Employment assistance, job training assistance, and other transitional services..", "id": "HB4B065A263A9436985FE3756FC6B767C", "header": "Title 10", "nested": [], "links": [ { "text": "chapter 58", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/10/58" } ] }, { "text": "(g) Effective date \nThe amendments made by this section shall take effect on October 1, 2025.", "id": "H3D1210CDCDE64C8C80169BB40C9CD336", "header": "Effective date", "nested": [], "links": [] } ], "links": [ { "text": "Chapter 41", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/38/41" }, { "text": "Chapter 42", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/38/42" }, { "text": "Chapter 43", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/38/43" }, { "text": "Chapter 20", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/38/20" }, { "text": "chapter 58", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/10/58" } ] }, { "text": "6. Study and report on transfer of programs \n(a) Study \nThe Secretary of Veterans Affairs and the Secretary of Labor shall jointly conduct a study on implementing— (1) the transfer of functions under section 2; and (2) the amendments made by this Act. (b) Matters included \nSuch study shall include the following: (1) A comprehensive discussion of the improvements to services for veterans made by the transfer of functions under section 2. (2) An analysis of the personnel, assets, and liabilities of the Department of Labor and the Department of Veterans Affairs that would be involved in such transfer. (3) An analysis of the Deputy Under Secretary for Veterans’ Employment and Training established under section 4102A(a) of title 38, United States Code, as amended by this Act, including— (A) an explanation of where such position would exist within the organization chart of the Department; (B) an identification of to whom such position would report; and (C) the functions that would be carried out by such a position. (4) A detailed estimate of the cost to the Federal Government to implement such transfer, including any costs or savings resulting from— (A) carrying out such implementation; and (B) the Secretary of Veterans Affairs carrying out the functions so transferred. (5) A plan to implement such transfer, including— (A) a detailed time line of such implementation; (B) a list of the rules, regulations, and laws in effect on the date of the commencement of such study that would need to be revised for such implementation; (C) a list of the memorandums of agreement entered into with Federal or State departments or agencies that would need to be revised for such implementation; (D) a detailed description of how to effectively enforce the administration of employment and reemployment rights of members of the uniformed services under chapter 43 of title 38, United States Code, during such implementation; and (E) how the transfer of employees will be implemented, including— (i) options available to employees who do not want to be transferred; (ii) the locations of where former Department of Labor employees will be assigned in the Department of Veterans Affairs; and (iii) any organizational changes required in the Department of Veterans Affairs to accommodate such former Department of Labor employees. (6) A detailed plan to train employees who carry out activities under section 4104 of title 38, United States Code, to carry out the functions so transferred, including— (A) how training manuals in effect as of the date of the commencement of such study would need to be revised; (B) whether the Secretary of Veterans Affairs or the Secretary of Labor would have responsibility for any such revision; and (C) where such employees would be located. (7) Any other issues the Secretaries consider appropriate. (c) Report \nNot later than one year after the date of the enactment of this Act, the Secretaries shall jointly submit to the Committees on Veterans’ Affairs of the House of Representatives and the Senate a report on such study, including— (1) the recommendation of each Secretary as to how to best implement the transfer of functions described in such study; (2) the advantages and disadvantages of such transfer; (3) a list of regulatory and statutory actions required to implement such transfer that are not included under this Act; (4) the amount of time each Secretary determines necessary to carry out such transfer; (5) whether, to carry out such transfer, any interoperability capabilities will need to be developed to electronically exchange information between the Department of Veterans Affairs and employees who were formerly under the Department of Labor before such transfer; (6) whether each Secretary plans to continue collaborating with the other Secretary after such transfer is completed, including an explanation of any such planned collaboration; (7) an estimate of the training required to carry out the functions so transferred, including the number of employees requiring training and for which programs; and (8) any other matters the Secretaries consider appropriate.", "id": "H7CA0B66AA8DC4D75A9F71D96653B3C6E", "header": "Study and report on transfer of programs", "nested": [ { "text": "(a) Study \nThe Secretary of Veterans Affairs and the Secretary of Labor shall jointly conduct a study on implementing— (1) the transfer of functions under section 2; and (2) the amendments made by this Act.", "id": "H8B93B3F5CEC24658AD4358C4970635AB", "header": "Study", "nested": [], "links": [] }, { "text": "(b) Matters included \nSuch study shall include the following: (1) A comprehensive discussion of the improvements to services for veterans made by the transfer of functions under section 2. (2) An analysis of the personnel, assets, and liabilities of the Department of Labor and the Department of Veterans Affairs that would be involved in such transfer. (3) An analysis of the Deputy Under Secretary for Veterans’ Employment and Training established under section 4102A(a) of title 38, United States Code, as amended by this Act, including— (A) an explanation of where such position would exist within the organization chart of the Department; (B) an identification of to whom such position would report; and (C) the functions that would be carried out by such a position. (4) A detailed estimate of the cost to the Federal Government to implement such transfer, including any costs or savings resulting from— (A) carrying out such implementation; and (B) the Secretary of Veterans Affairs carrying out the functions so transferred. (5) A plan to implement such transfer, including— (A) a detailed time line of such implementation; (B) a list of the rules, regulations, and laws in effect on the date of the commencement of such study that would need to be revised for such implementation; (C) a list of the memorandums of agreement entered into with Federal or State departments or agencies that would need to be revised for such implementation; (D) a detailed description of how to effectively enforce the administration of employment and reemployment rights of members of the uniformed services under chapter 43 of title 38, United States Code, during such implementation; and (E) how the transfer of employees will be implemented, including— (i) options available to employees who do not want to be transferred; (ii) the locations of where former Department of Labor employees will be assigned in the Department of Veterans Affairs; and (iii) any organizational changes required in the Department of Veterans Affairs to accommodate such former Department of Labor employees. (6) A detailed plan to train employees who carry out activities under section 4104 of title 38, United States Code, to carry out the functions so transferred, including— (A) how training manuals in effect as of the date of the commencement of such study would need to be revised; (B) whether the Secretary of Veterans Affairs or the Secretary of Labor would have responsibility for any such revision; and (C) where such employees would be located. (7) Any other issues the Secretaries consider appropriate.", "id": "HEC3E7A9E59D54DFEAE9CF2BB48445552", "header": "Matters included", "nested": [], "links": [ { "text": "chapter 43", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/38/43" } ] }, { "text": "(c) Report \nNot later than one year after the date of the enactment of this Act, the Secretaries shall jointly submit to the Committees on Veterans’ Affairs of the House of Representatives and the Senate a report on such study, including— (1) the recommendation of each Secretary as to how to best implement the transfer of functions described in such study; (2) the advantages and disadvantages of such transfer; (3) a list of regulatory and statutory actions required to implement such transfer that are not included under this Act; (4) the amount of time each Secretary determines necessary to carry out such transfer; (5) whether, to carry out such transfer, any interoperability capabilities will need to be developed to electronically exchange information between the Department of Veterans Affairs and employees who were formerly under the Department of Labor before such transfer; (6) whether each Secretary plans to continue collaborating with the other Secretary after such transfer is completed, including an explanation of any such planned collaboration; (7) an estimate of the training required to carry out the functions so transferred, including the number of employees requiring training and for which programs; and (8) any other matters the Secretaries consider appropriate.", "id": "H3F0F959604E845FD866C89D07DAF8BFF", "header": "Report", "nested": [], "links": [] } ], "links": [ { "text": "chapter 43", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/38/43" } ] } ]
8
1. Short title This Act may be cited as the Consolidating Veteran Employment Services for Improved Performance Act of 2023. 2. Transfer of Department of Labor veterans programs to Department of Veterans Affairs (a) Transfer of functions (1) In general Effective October 1, 2025, there shall be transferred to the Secretary of Veterans Affairs all functions performed under the following programs of the Department of Labor, and all personnel, assets, and liabilities pertaining to such programs, immediately before such transfer occurs: (A) Job counseling, training, and placement services for veterans under chapter 41 of title 38, United States Code. (B) Federal Government employment services by the Secretary of Labor under section 4214 of such title. (C) Administration of employment and reemployment rights of members of the uniformed services under chapter 43 of such title. (D) Homeless veterans reintegration programs under chapter 20 of such title. (E) Employment and veterans benefits training under the Transition Assistance Program under section 1144 of title 10, United States Code. (2) Memorandums of agreement The Secretary of Veterans Affairs shall enter into memorandums of agreement with the Secretary of Labor and with States (as defined in section 4101(6) of title 38, United States Code), as the Secretary of Veterans Affairs determines necessary, to implement the transition of the programs specified under paragraph (1). (3) Rule of construction Nothing in this Act may be construed to affect the role and responsibility of the Secretary of Labor with respect to programs not administered by the Assistant Secretary of Labor for Veterans' Employment and Training Service as of the day before the date of the enactment of this Act that are specified under paragraph (1). (b) Budget request Under section 1105 of title 31, United States Code, the President shall include in the President’s budget request for the Department of Veterans Affairs for fiscal year 2027, and for each subsequent fiscal year, funding requested for the functions referred to in subsection (a)(1). (c) References Any reference in any other Federal law, Executive order, rule, regulation, or delegation of authority, or any document of or pertaining to a department or office from which a function is transferred by this Act— (1) to the head of such department or office is deemed to refer to the head of the department or office to which such function is transferred; or (2) to such department or office is deemed to refer to the department or office to which such function is transferred. (d) Exercise of authorities Except as otherwise provided by law, a Federal official to whom a function is transferred by this Act may, for purposes of performing the function, exercise all authorities under any other provision of law that were available with respect to the performance of that function to the official responsible for the performance of the function immediately before the effective date of the transfer of the function under this Act. (e) Savings provisions (1) Legal documents All orders, determinations, rules, regulations, permits, grants, loans, contracts, agreements, certificates, licenses, and privileges— (A) that have been issued, made, granted, or allowed to become effective by the President, the Secretary of Labor, the Secretary of Veterans Affairs, any officer or employee of any office transferred by this Act, or any other Government official, or by a court of competent jurisdiction, in the performance of any function that is transferred by this Act, and (B) that are in effect on the effective date of such transfer (or become effective after such date pursuant to their terms as in effect on such effective date), shall continue in effect according to their terms until modified, terminated, superseded, set aside, or revoked in accordance with law by the President, any other authorized official, a court of competent jurisdiction, or operation of law. (2) Proceedings This Act shall not affect any proceedings or any application for any benefits, service, license, permit, certificate, or financial assistance pending on the date of the enactment of this Act before an office transferred by this Act, but such proceedings and applications shall be continued. Orders shall be issued in such proceedings, appeals shall be taken therefrom, and payments shall be made pursuant to such orders, as if this Act had not been enacted, and orders issued in any such proceeding shall continue in effect until modified, terminated, superseded, or revoked by a duly authorized official, by a court of competent jurisdiction, or by operation of law. Nothing in this subsection shall be considered to prohibit the discontinuance or modification of any such proceeding under the same terms and conditions and to the same extent that such proceeding could have been discontinued or modified if this Act had not been enacted. (3) Suits This Act shall not affect suits commenced before the date of the enactment of this Act, and in all such suits, proceeding shall be had, appeals taken, and judgments rendered in the same manner and with the same effect as if this Act had not been enacted. (4) Nonabatement of actions No suit, action, or other proceeding commenced by or against the Department of Labor or the Secretary of Labor, or by or against any individual in the official capacity of such individual as an officer or employee of an office transferred by this Act, shall abate by reason of the enactment of this Act. (5) Continuance of suits If any Government officer in the official capacity of such officer is party to a suit with respect to a function of the officer, and under this Act such function is transferred to any other officer or office, then such suit shall be continued with the other officer or the head of such other office, as applicable, substituted or added as a party. (6) Administrative procedure and judicial review Except as otherwise provided by this Act, any statutory requirements relating to notice, hearings, action upon the record, or administrative or judicial review that apply to any function transferred by this Act shall apply to the exercise of such function by the head of the Federal agency, and other officers of the agency, to which such function is transferred by this Act. (f) Transfer of assets Except as otherwise provided in this Act, so much of the personnel, property, records, and unexpended balances of appropriations, allocations, and other funds employed, used, held, available, or to be made available in connection with a function transferred to an official or agency by this Act shall be available to the official or the head of that agency, respectively, at such time or times as the Director of the Office of Management and Budget directs for use in connection with the functions transferred. (g) Delegation and assignment Except as otherwise expressly prohibited by law or otherwise provided in this Act, an official to whom functions are transferred under this Act (including the head of any office to which functions are transferred under this Act) may delegate any of the functions so transferred to such officers and employees of the office of the official as the official may designate, and may authorize successive redelegations of such functions as may be necessary or appropriate. No delegation of functions under this section or under any other provision of this Act shall relieve the official to whom a function is transferred under this Act of responsibility for the administration of the function. (h) Authority of Director of the Office of Management and Budget with respect to functions transferred (1) Determinations If necessary, the Director of Management and Budget shall make any determination of the functions that are transferred under this Act. (2) Incidental transfers The Director, at such time or times as the Director shall provide, may make such determinations as may be necessary with regard to the functions transferred by this Act, and to make such additional incidental dispositions of personnel, assets, liabilities, grants, contracts, property, records, and unexpended balances of appropriations, authorizations, allocations, and other funds held, used, arising from, available to, or to be made available in connection with such functions, as may be necessary to carry out the provisions of this Act. The Director shall provide for the termination of the affairs of all entities terminated by this Act and for such further measures and dispositions as may be necessary to effectuate the purposes of this Act. (i) Certain vesting of functions considered transfers For purposes of this Act, the vesting of a function in a department or office pursuant to reestablishment of an office shall be considered to be the transfer of the function. (j) Availability of existing funds Existing appropriations and funds available for the performance of functions, programs, and activities terminated pursuant to this Act shall remain available, for the duration of their period of availability, for necessary expenses in connection with the termination and resolution of such functions, programs, and activities. (k) Definitions For purposes of this Act— (1) the term function includes any duty, obligation, power, authority, responsibility, right, privilege, activity, or program; and (2) the term office includes any office, administration, agency, bureau, institute, council, unit, organizational entity, or component thereof. 3. Deputy Under Secretary of Veterans Affairs for Veterans’ Employment and Training (a) In general Subsection (a) of section 4102A of title 38, United States Code, is amended to read as follows: (a) Deputy Under Secretary for Veterans’ Employment and Training There is established within the Department a Deputy Under Secretary for Veterans’ Employment and Training, who shall formulate and implement all departmental policies and procedures to carry out the purposes of this chapter, chapter 20, and chapter 43 of this title and the Transition Assistance Program under section 1144 of title 10, United States Code.. (b) Clerical amendments Chapter 41 of title 38, United States Code, is amended as follows: (1) The section heading of section 4102A of such title is amended to read as follows: 4102A. Deputy Under Secretary for Veterans’ Employment and Training; program functions; Regional Administrators . (2) The item relating to such section in the table of sections at the beginning of such chapter is amended to read as follows: 4102A. Deputy Under Secretary for Veterans’ Employment and Training; program functions; Regional Administrators.. (c) Effective date The amendments made by this section shall take effect on October 1, 2025. 4102A. Deputy Under Secretary for Veterans’ Employment and Training; program functions; Regional Administrators 4. Consolidation of disabled veterans outreach program and local veterans’ employment representatives (a) Consolidation (1) In general Section 4104 of title 38, United States Code, is amended to read as follows: 4104. Veteran employment specialists (a) Requirement for employment by states (1) Subject to approval by the Secretary, a State shall employ and assign such full- or part-time veteran employment specialists in an agency of the State as the State determines appropriate and efficient to carry out the following: (A) Employment, training, and placement services under this chapter. (B) Intensive services under this chapter to meet the employment needs of eligible veterans with the following priority in the provision of services: (i) Special disabled veterans. (ii) Other disabled veterans. (iii) Other eligible veterans in accordance with priorities determined by the Secretary taking into account applicable rates of unemployment and the employment emphases set forth in chapter 42 of this title. (2) In the provision of services in accordance with this subsection, maximum emphasis in meeting the employment and training needs of veterans shall be placed on assisting economically or educationally disadvantaged veterans. (b) Principal duties As principal duties, veteran employment specialists shall— (1) conduct outreach to employers in the area to assist veterans and disabled veterans in gaining employment, including conducting seminars for employers and, in conjunction with employers, conducting job search workshops and establishing job search groups; and (2) facilitate employment, training, and placement services furnished to veterans and disabled veterans in a State under the applicable State employment service delivery systems. (c) Requirement for qualified veterans (1) Except as provided by paragraph (2), a State shall, to the maximum extent practicable, employ qualified veterans to carry out the services referred to in subsection (a). Preference shall be given in the appointment of such specialists to qualified disabled veterans. Preference shall be accorded in the following order: (A) To qualified service-connected disabled veterans. (B) If no veteran described in subparagraph (A) is available, to qualified eligible veterans. (C) If no veteran described in subparagraph (A) or (B) is available, then to qualified eligible persons. (2) During any period in which more than 10 percent of the individuals employed to carry out the services referred to in subsection (a) are non-veterans, the preference accorded under paragraph (1) shall be as follows: (A) To qualified service-connected disabled veterans. (B) If no veteran described in subparagraph (A) is available, to qualified eligible veterans. (3) (A) Each State that employs a veteran employment specialist under this section shall submit to the Secretary an annual report on the qualifications used by the State in making hiring determinations for such specialists and the salary structure under which such specialists are compensated. (B) The Secretary shall submit to the Committees on Veterans’ Affairs of the Senate and House of Representatives an annual report summarizing the reports submitted under subparagraph (A). (C) The first report submitted by the Secretary under subparagraph (B) shall include an evaluation of whether the pay for veteran employment specialists should be scheduled on a standard basis for each State and include locality pay. (d) Part-Time employees A part-time veteran employment specialist shall perform the functions of a veteran employment specialist under this section on a halftime basis. (e) Reporting Each veteran employment specialist shall be administratively responsible to the manager of the employment service delivery system and shall provide reports, not less frequently than quarterly, to the manager of such office and to the Director for Veterans’ Employment and Training for the State regarding compliance with Federal law and regulations with respect to special services and priorities for eligible veterans and eligible persons.. (2) Clerical amendment The table of sections at the beginning of such chapter is amended by striking the item relating to section 4104 and inserting the following new item: 4104. Veteran employment specialists.. (3) Training The Secretary of Veterans Affairs shall ensure that an individual who is a veteran employment specialist under section 4104 of title 38, United States Code, as amended by paragraph (1), is properly trained to carry out the duties of such position. (b) Conforming amendments Such title is further amended— (1) by striking section 4103A and by striking the item relating to such section in the table of sections at the beginning of chapter 41 of such title; (2) in section 4102A— (A) in subsection (b)— (i) in paragraph (5)— (I) by striking subparagraph (B) and redesignating subparagraph (C) as subparagraph (B); (II) by amending subparagraph (A) to read as follows: (A) veteran employment specialists appointed under section 4104(a) of this title; and ; and (III) in subparagraph (B), as so redesignated, by striking such specialists and representatives described in subparagraphs (A) and (B) and inserting such representatives described in subparagraph (A) ; (ii) in paragraph (7), by striking disabled veterans’ outreach program specialists and through local veterans’ employment representatives and inserting veteran employment specialists ; (B) in subsection (c)— (i) in paragraph (1)— (I) by striking sections 4103A(a) and and inserting section ; and (II) by striking section 4103A or ; (ii) in paragraph (2)(A)— (I) in clause (i)(I)— (aa) by striking disabled veterans’ outreach program specialists and local veterans’ employment representatives and inserting veteran employment specialists ; and (bb) by striking sections 4103A and 4104 and inserting section 4104 ; (II) in clause (iii), by striking disabled veterans’ outreach program specialist or a local veterans’ employment representative and inserting veteran employment specialist ; (iii) in paragraph (4), by striking 4103A or ; (iv) in paragraph (5), by striking disabled veterans’ outreach program specialist and local veterans’ employment representative and inserting veteran employment specialist ; (v) in paragraph (7), by striking 4103A or ; and (vi) in paragraph (8)(A)— (I) by striking 4103A or ; and (II) by striking disabled veterans’ outreach program specialist or a local veterans’ employment representative and inserting veteran employment specialist ; and (C) in subsection (f)(1), by striking disabled veterans’ outreach program specialists and local veterans’ employment representatives and inserting veteran employment specialists ; (3) in section 4109(a), by striking disabled veterans’ outreach program specialists, local veterans’ employment representatives and inserting veteran employment specialists ; (4) in section 4112(d)— (A) in paragraph (1), by striking disabled veterans’ outreach program specialist and inserting veteran employment specialist ; and (B) by striking paragraph (2) and redesignating paragraph (3) as paragraph (2); and (5) in section 3672(d)(1), by striking disabled veterans’ outreach program specialists under section 4103A and inserting veteran employment specialists appointed under section 4104(a). (c) Effective date The amendments made by this section shall take effect on October 1, 2025. 4104. Veteran employment specialists (a) Requirement for employment by states (1) Subject to approval by the Secretary, a State shall employ and assign such full- or part-time veteran employment specialists in an agency of the State as the State determines appropriate and efficient to carry out the following: (A) Employment, training, and placement services under this chapter. (B) Intensive services under this chapter to meet the employment needs of eligible veterans with the following priority in the provision of services: (i) Special disabled veterans. (ii) Other disabled veterans. (iii) Other eligible veterans in accordance with priorities determined by the Secretary taking into account applicable rates of unemployment and the employment emphases set forth in chapter 42 of this title. (2) In the provision of services in accordance with this subsection, maximum emphasis in meeting the employment and training needs of veterans shall be placed on assisting economically or educationally disadvantaged veterans. (b) Principal duties As principal duties, veteran employment specialists shall— (1) conduct outreach to employers in the area to assist veterans and disabled veterans in gaining employment, including conducting seminars for employers and, in conjunction with employers, conducting job search workshops and establishing job search groups; and (2) facilitate employment, training, and placement services furnished to veterans and disabled veterans in a State under the applicable State employment service delivery systems. (c) Requirement for qualified veterans (1) Except as provided by paragraph (2), a State shall, to the maximum extent practicable, employ qualified veterans to carry out the services referred to in subsection (a). Preference shall be given in the appointment of such specialists to qualified disabled veterans. Preference shall be accorded in the following order: (A) To qualified service-connected disabled veterans. (B) If no veteran described in subparagraph (A) is available, to qualified eligible veterans. (C) If no veteran described in subparagraph (A) or (B) is available, then to qualified eligible persons. (2) During any period in which more than 10 percent of the individuals employed to carry out the services referred to in subsection (a) are non-veterans, the preference accorded under paragraph (1) shall be as follows: (A) To qualified service-connected disabled veterans. (B) If no veteran described in subparagraph (A) is available, to qualified eligible veterans. (3) (A) Each State that employs a veteran employment specialist under this section shall submit to the Secretary an annual report on the qualifications used by the State in making hiring determinations for such specialists and the salary structure under which such specialists are compensated. (B) The Secretary shall submit to the Committees on Veterans’ Affairs of the Senate and House of Representatives an annual report summarizing the reports submitted under subparagraph (A). (C) The first report submitted by the Secretary under subparagraph (B) shall include an evaluation of whether the pay for veteran employment specialists should be scheduled on a standard basis for each State and include locality pay. (d) Part-Time employees A part-time veteran employment specialist shall perform the functions of a veteran employment specialist under this section on a halftime basis. (e) Reporting Each veteran employment specialist shall be administratively responsible to the manager of the employment service delivery system and shall provide reports, not less frequently than quarterly, to the manager of such office and to the Director for Veterans’ Employment and Training for the State regarding compliance with Federal law and regulations with respect to special services and priorities for eligible veterans and eligible persons. 5. Additional technical and conforming amendments (a) Chapter 41 Chapter 41 of title 38, United States Code, as amended by this Act, is further amended as follows: (1) By striking Assistant Secretary of Labor for Veterans’ Employment and Training each place it appears and inserting Deputy Under Secretary for Veterans’ Employment and Training. (2) By striking Department of Labor each place it appears and inserting Department. (3) By striking Secretary of Labor each place it appears and inserting Secretary. (4) In section 4101, by striking paragraph (8). (5) In section 4102A(b)— (A) in paragraph (1), by striking such Assistant Secretary and inserting such Deputy Under Secretary ; and (B) in paragraph (3), by striking and consulting with the Secretary of Veterans Affairs. (6) In section 4105(b), by striking and the Secretary of Veterans Affairs both places it appears. (7) In section 4106(a), by striking chapters 42 and and inserting chapter. (8) By striking section 4108. (9) In the table of sections at the beginning of such chapter, by striking the item relating to section 4108. (10) In section 4110(d), by striking paragraph (1) and redesignating paragraphs (2) through (6) as paragraphs (1) through (5), respectively. (11) In section 4110A(b), by striking Congress and inserting the Committees on Veterans’ Affairs of the Senate and House of Representatives. (12) In subsections (b) through (h) of section 4114, by striking Assistant Secretary each place it appears and inserting Deputy Under Secretary. (b) Chapter 42 Chapter 42 of title 38, United States Code, is amended as follows: (1) In section 4212(c), by striking include as part and inserting shall transmit to the Secretary of Veterans Affairs for inclusion as part. (2) In section 4215(d)(1)— (A) by striking In the and inserting For inclusion as part of the ; and (B) by striking shall evaluate and inserting shall transmit to the Secretary of Veterans Affairs an evaluation of. (c) Chapter 43 Chapter 43 of title 38, United States Code, is amended as follows: (1) In section 4303, by striking paragraph (11). (2) By striking Secretary of Veterans Affairs each place it appears and inserting Secretary. (3) In section 4321, by striking (through the Veterans’ Employment and Training Service). (4) In section 4332(a)(1), by striking of Labor. (5) In section 4333, by striking , the Secretary of Defense, and the Secretary of Veterans Affairs and inserting and the Secretary of Defense. (d) Chapter 20 Chapter 20 of title 38, United States Code, is amended as follows: (1) In section 2003(a)(4), by striking of the Department of Labor. (2) In section 2011(g)(2), by striking the Department of Labor,. (3) In section 2021— (A) by striking Secretary of Labor each place it appears and inserting Secretary ; and (B) in subsection (e)— (i) by striking the subsection heading and inserting the following: (c) Administration through Deputy Under Secretary for Veterans’ Employment and Training ; and (ii) by striking Assistant Secretary of Labor for Veterans’ Employment and Training and inserting Deputy Under Secretary for Veterans’ Employment and Training. (4) In section 2021A— (A) by striking Secretary of Labor each place it appears and inserting Secretary ; and (B) in subsection (d)— (i) by striking the subsection heading and inserting the following: (d) Administration through Deputy Under Secretary for Veterans’ Employment and Training ; and (ii) by striking Assistant Secretary of Labor for Veterans’ Employment and Training and inserting Deputy Under Secretary for Veterans’ Employment and Training. (5) In section 2023— (A) in subsection (a), by striking and the Secretary of Labor (hereinafter in this section referred to as the Secretaries ) ; and (B) by striking Secretaries each place it appears and inserting Secretary. (6) In section 2065(b)(5), by striking subparagraph (E) and redesignating subparagraphs (F) through (H) as subparagraphs (E) through (G), respectively. (7) In section 2066(a)(3), by striking subparagraph (A) and redesignating subparagraphs (B) through (G) as subparagraphs (A) through (F), respectively. (e) Other provisions of title 38 Title 38, United States Code, is further amended as follows: (1) In section 542(a)(2)(B), by striking clause (i) and redesignating clauses (ii) and (iii) as clauses (i) and (ii), respectively. (2) In section 544(a)(2)(B), by striking clause (i) and redesignating clauses (ii) through (vi) as clauses (i) through (v), respectively. (3) In section 3118(b), by striking and the Assistant Secretary for Veterans’ Employment in the Department of Labor. (4) In section 3119(c), by striking Education, the Assistant Secretary for Veterans’ Employment in the Department of Labor,. (5) In section 3121(a)(3)— (A) by striking , (B) and inserting and (B) ; and (B) by striking , and (C) one representative of the Assistant Secretary of Labor for Veterans’ Employment and Training of the Department of Labor. (b) The Secretary shall, on a regular basis, consult with and seek the advice of the Committee with respect to the administration of veterans’ rehabilitation programs under this title. (6) In section 3692(a), by striking and the Assistant Secretary of Labor for Veterans’ Employment and Training shall be ex officio members and inserting an ex officio member. (7) In section 6306— (A) in subsection (a), by striking shall arrange with the Secretary of Labor for the State employment service to match and inserting shall ensure that the State employment service matches ; and (B) in subsection (b), by striking , in consultation with the Secretary of Labor,. (f) Title 10 (1) TAP Program Section 1144 of title 10, United States Code, is amended— (A) by striking Secretary of Labor each place it appears and inserting Secretary of Veterans Affairs ; (B) in subsection (a)— (i) in paragraph (1), by striking , the Secretary of Homeland Security, and the Secretary of Veterans Affairs and inserting and the Secretary of Homeland Security ; and (ii) in paragraph (2), by striking , the Secretary of Homeland Security, and the Secretary of Veterans Affairs shall cooperate with the Secretary of Labor and inserting and the Secretary of Homeland Security shall cooperate with the Secretary of Veterans Affairs ; (C) in subsection (d)(1), by striking Department of Labor to and inserting Department of Veterans Affairs to ; and (D) in the heading, by striking : Department of Labor. (2) Clerical amendment The table of sections at the beginning of chapter 58 of title 10, United States Code, is amended by striking the item relating to section 1144 and inserting the following new item: 1144. Employment assistance, job training assistance, and other transitional services.. (g) Effective date The amendments made by this section shall take effect on October 1, 2025. 6. Study and report on transfer of programs (a) Study The Secretary of Veterans Affairs and the Secretary of Labor shall jointly conduct a study on implementing— (1) the transfer of functions under section 2; and (2) the amendments made by this Act. (b) Matters included Such study shall include the following: (1) A comprehensive discussion of the improvements to services for veterans made by the transfer of functions under section 2. (2) An analysis of the personnel, assets, and liabilities of the Department of Labor and the Department of Veterans Affairs that would be involved in such transfer. (3) An analysis of the Deputy Under Secretary for Veterans’ Employment and Training established under section 4102A(a) of title 38, United States Code, as amended by this Act, including— (A) an explanation of where such position would exist within the organization chart of the Department; (B) an identification of to whom such position would report; and (C) the functions that would be carried out by such a position. (4) A detailed estimate of the cost to the Federal Government to implement such transfer, including any costs or savings resulting from— (A) carrying out such implementation; and (B) the Secretary of Veterans Affairs carrying out the functions so transferred. (5) A plan to implement such transfer, including— (A) a detailed time line of such implementation; (B) a list of the rules, regulations, and laws in effect on the date of the commencement of such study that would need to be revised for such implementation; (C) a list of the memorandums of agreement entered into with Federal or State departments or agencies that would need to be revised for such implementation; (D) a detailed description of how to effectively enforce the administration of employment and reemployment rights of members of the uniformed services under chapter 43 of title 38, United States Code, during such implementation; and (E) how the transfer of employees will be implemented, including— (i) options available to employees who do not want to be transferred; (ii) the locations of where former Department of Labor employees will be assigned in the Department of Veterans Affairs; and (iii) any organizational changes required in the Department of Veterans Affairs to accommodate such former Department of Labor employees. (6) A detailed plan to train employees who carry out activities under section 4104 of title 38, United States Code, to carry out the functions so transferred, including— (A) how training manuals in effect as of the date of the commencement of such study would need to be revised; (B) whether the Secretary of Veterans Affairs or the Secretary of Labor would have responsibility for any such revision; and (C) where such employees would be located. (7) Any other issues the Secretaries consider appropriate. (c) Report Not later than one year after the date of the enactment of this Act, the Secretaries shall jointly submit to the Committees on Veterans’ Affairs of the House of Representatives and the Senate a report on such study, including— (1) the recommendation of each Secretary as to how to best implement the transfer of functions described in such study; (2) the advantages and disadvantages of such transfer; (3) a list of regulatory and statutory actions required to implement such transfer that are not included under this Act; (4) the amount of time each Secretary determines necessary to carry out such transfer; (5) whether, to carry out such transfer, any interoperability capabilities will need to be developed to electronically exchange information between the Department of Veterans Affairs and employees who were formerly under the Department of Labor before such transfer; (6) whether each Secretary plans to continue collaborating with the other Secretary after such transfer is completed, including an explanation of any such planned collaboration; (7) an estimate of the training required to carry out the functions so transferred, including the number of employees requiring training and for which programs; and (8) any other matters the Secretaries consider appropriate.
33,154
[ "Veterans' Affairs Committee", "Armed Services Committee", "Budget Committee" ]
118hr7908ih
118
hr
7,908
ih
To require the Secretary of Housing and Urban Development to establish a Commission on Youth Homelessness, and for other purposes.
[ { "text": "1. Short title \nThis Act may be cited as the Commission on Youth Homelessness Act.", "id": "HC72EE54790894EFE91E7B987D0CFB99E", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Commission on youth homelessness \n(a) In general \nThe Secretary of Housing and Urban Development shall, not later than 60 days after the date of the enactment of this Act, establish a Commission on Youth Homelessness. (b) Membership \n(1) Chair \nThe Commission established pursuant to subsection (a) shall be chaired by a person nominated by and representing the Secretary. (2) Members \nThe Commission established pursuant to subsection (a) shall be comprised of— (A) not less than three persons, recommended to the Secretary for appointment by one or more of the members described in subparagraphs (B) through (F), who have lived experience of homelessness, (as defined by section 103 of the McKinney-Vento Homeless Assistance Act), including homeless children and youths (as such terms are defined in section 725 of the McKinney-Vento Homeless Assistance Act); (B) a member representing the Department of Education, nominated by the Secretary of Education; (C) a member representing the Department of Health and Human Services, nominated by the Secretary of Health and Human Services; (D) a representative from a national nonprofit homeless youth organization; (E) a representative from a national nonprofit civil rights organization representing historically marginalized communities or socially disadvantaged groups; and (F) a national organization representing LGBTQIA+ populations. (c) Meetings \nThe Commission on Youth Homelessness shall have a meeting not less than 90 days after all of the members of such Commission have been appointed by the Secretary. (d) Report \nThe Commission on Youth Homelessness shall, not later than 1 year after the date on which all members of such Commission have been appointed by the Secretary, submit a report to the Congress and to the President that includes the following: (1) A description of any ways in which Federal, State, Tribal, and local laws, regulations, and policies have harmed or otherwise impacted youth and young adults who are homeless or at-risk of homelessness. (2) A list of Federal, State, Tribal, and local laws, regulations, and policies that unnecessarily target youth and young adults who identify as Black, Indigenous, people of color, or LGBTQIA+ causing the criminalization, institutionalization, or incarceration of historically and systemically marginalized people living in poverty. (3) Makes legislative recommendations to achieve the following: (A) Non-discriminatory housing applications based on credit and income history for youth and young adults. (B) Employment safeguards to avoid discrimination on the absence of a permanent mailing address, housing history, or employment history. (C) Low- or no-barrier access to mental health and substance use services for youth and young adults. (D) The waiving of or assistance with moving expenses, including move-in fees and application fees for youth and young adults. (E) Actions that Federal agencies may take in removing barriers to prevent and end youth and young adult homelessness. (F) Evidence-based solutions and recommendations to prevent and end youth and young adult homelessness. (e) Definitions \nIn this Act: (1) Lived experience \nThe term lived experience means persons who have lived experience of homelessness, as defined by section 103 of the McKinney-Vento Homeless Assistance Act ( 42 U.S.C. 11302 ) and includes homeless children and youths as defined in section 725 of such Act ( 42 U.S.C. 11434a ), or other youth-serving systems, as defined by agencies that serve children, youth, and families. Agencies may include the Department of Health and Human Services, Department of Education, Child Welfare, Department of Juvenile Justice, and agencies serving homeless youth. (2) Secretary \nThe term Secretary means the Secretary of Housing and Urban Development. (3) Youth \nThe term youth means not older than 17 years old. (4) Young adult \nThe term young adult means— (A) 18 years or older but not older than 30 years old; or (B) emancipated minors under applicable State law.", "id": "H8B6AA6D518AC4343A376BB17D6474F6A", "header": "Commission on youth homelessness", "nested": [ { "text": "(a) In general \nThe Secretary of Housing and Urban Development shall, not later than 60 days after the date of the enactment of this Act, establish a Commission on Youth Homelessness.", "id": "HBF6CEB0018F54017A6B9BB404016E4A1", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Membership \n(1) Chair \nThe Commission established pursuant to subsection (a) shall be chaired by a person nominated by and representing the Secretary. (2) Members \nThe Commission established pursuant to subsection (a) shall be comprised of— (A) not less than three persons, recommended to the Secretary for appointment by one or more of the members described in subparagraphs (B) through (F), who have lived experience of homelessness, (as defined by section 103 of the McKinney-Vento Homeless Assistance Act), including homeless children and youths (as such terms are defined in section 725 of the McKinney-Vento Homeless Assistance Act); (B) a member representing the Department of Education, nominated by the Secretary of Education; (C) a member representing the Department of Health and Human Services, nominated by the Secretary of Health and Human Services; (D) a representative from a national nonprofit homeless youth organization; (E) a representative from a national nonprofit civil rights organization representing historically marginalized communities or socially disadvantaged groups; and (F) a national organization representing LGBTQIA+ populations.", "id": "HB1842D97EEDA4BC3B25941C8A5FC6D48", "header": "Membership", "nested": [], "links": [] }, { "text": "(c) Meetings \nThe Commission on Youth Homelessness shall have a meeting not less than 90 days after all of the members of such Commission have been appointed by the Secretary.", "id": "H8867F0106A3046DBA21E0363B1C15C32", "header": "Meetings", "nested": [], "links": [] }, { "text": "(d) Report \nThe Commission on Youth Homelessness shall, not later than 1 year after the date on which all members of such Commission have been appointed by the Secretary, submit a report to the Congress and to the President that includes the following: (1) A description of any ways in which Federal, State, Tribal, and local laws, regulations, and policies have harmed or otherwise impacted youth and young adults who are homeless or at-risk of homelessness. (2) A list of Federal, State, Tribal, and local laws, regulations, and policies that unnecessarily target youth and young adults who identify as Black, Indigenous, people of color, or LGBTQIA+ causing the criminalization, institutionalization, or incarceration of historically and systemically marginalized people living in poverty. (3) Makes legislative recommendations to achieve the following: (A) Non-discriminatory housing applications based on credit and income history for youth and young adults. (B) Employment safeguards to avoid discrimination on the absence of a permanent mailing address, housing history, or employment history. (C) Low- or no-barrier access to mental health and substance use services for youth and young adults. (D) The waiving of or assistance with moving expenses, including move-in fees and application fees for youth and young adults. (E) Actions that Federal agencies may take in removing barriers to prevent and end youth and young adult homelessness. (F) Evidence-based solutions and recommendations to prevent and end youth and young adult homelessness.", "id": "H1807773ACFEA4602AA655FB3D34E5E1A", "header": "Report", "nested": [], "links": [] }, { "text": "(e) Definitions \nIn this Act: (1) Lived experience \nThe term lived experience means persons who have lived experience of homelessness, as defined by section 103 of the McKinney-Vento Homeless Assistance Act ( 42 U.S.C. 11302 ) and includes homeless children and youths as defined in section 725 of such Act ( 42 U.S.C. 11434a ), or other youth-serving systems, as defined by agencies that serve children, youth, and families. Agencies may include the Department of Health and Human Services, Department of Education, Child Welfare, Department of Juvenile Justice, and agencies serving homeless youth. (2) Secretary \nThe term Secretary means the Secretary of Housing and Urban Development. (3) Youth \nThe term youth means not older than 17 years old. (4) Young adult \nThe term young adult means— (A) 18 years or older but not older than 30 years old; or (B) emancipated minors under applicable State law.", "id": "H74AB23EA68E44B7BB78E067FA90C7842", "header": "Definitions", "nested": [], "links": [ { "text": "42 U.S.C. 11302", "legal-doc": "usc", "parsable-cite": "usc/42/11302" }, { "text": "42 U.S.C. 11434a", "legal-doc": "usc", "parsable-cite": "usc/42/11434a" } ] } ], "links": [ { "text": "42 U.S.C. 11302", "legal-doc": "usc", "parsable-cite": "usc/42/11302" }, { "text": "42 U.S.C. 11434a", "legal-doc": "usc", "parsable-cite": "usc/42/11434a" } ] } ]
2
1. Short title This Act may be cited as the Commission on Youth Homelessness Act. 2. Commission on youth homelessness (a) In general The Secretary of Housing and Urban Development shall, not later than 60 days after the date of the enactment of this Act, establish a Commission on Youth Homelessness. (b) Membership (1) Chair The Commission established pursuant to subsection (a) shall be chaired by a person nominated by and representing the Secretary. (2) Members The Commission established pursuant to subsection (a) shall be comprised of— (A) not less than three persons, recommended to the Secretary for appointment by one or more of the members described in subparagraphs (B) through (F), who have lived experience of homelessness, (as defined by section 103 of the McKinney-Vento Homeless Assistance Act), including homeless children and youths (as such terms are defined in section 725 of the McKinney-Vento Homeless Assistance Act); (B) a member representing the Department of Education, nominated by the Secretary of Education; (C) a member representing the Department of Health and Human Services, nominated by the Secretary of Health and Human Services; (D) a representative from a national nonprofit homeless youth organization; (E) a representative from a national nonprofit civil rights organization representing historically marginalized communities or socially disadvantaged groups; and (F) a national organization representing LGBTQIA+ populations. (c) Meetings The Commission on Youth Homelessness shall have a meeting not less than 90 days after all of the members of such Commission have been appointed by the Secretary. (d) Report The Commission on Youth Homelessness shall, not later than 1 year after the date on which all members of such Commission have been appointed by the Secretary, submit a report to the Congress and to the President that includes the following: (1) A description of any ways in which Federal, State, Tribal, and local laws, regulations, and policies have harmed or otherwise impacted youth and young adults who are homeless or at-risk of homelessness. (2) A list of Federal, State, Tribal, and local laws, regulations, and policies that unnecessarily target youth and young adults who identify as Black, Indigenous, people of color, or LGBTQIA+ causing the criminalization, institutionalization, or incarceration of historically and systemically marginalized people living in poverty. (3) Makes legislative recommendations to achieve the following: (A) Non-discriminatory housing applications based on credit and income history for youth and young adults. (B) Employment safeguards to avoid discrimination on the absence of a permanent mailing address, housing history, or employment history. (C) Low- or no-barrier access to mental health and substance use services for youth and young adults. (D) The waiving of or assistance with moving expenses, including move-in fees and application fees for youth and young adults. (E) Actions that Federal agencies may take in removing barriers to prevent and end youth and young adult homelessness. (F) Evidence-based solutions and recommendations to prevent and end youth and young adult homelessness. (e) Definitions In this Act: (1) Lived experience The term lived experience means persons who have lived experience of homelessness, as defined by section 103 of the McKinney-Vento Homeless Assistance Act ( 42 U.S.C. 11302 ) and includes homeless children and youths as defined in section 725 of such Act ( 42 U.S.C. 11434a ), or other youth-serving systems, as defined by agencies that serve children, youth, and families. Agencies may include the Department of Health and Human Services, Department of Education, Child Welfare, Department of Juvenile Justice, and agencies serving homeless youth. (2) Secretary The term Secretary means the Secretary of Housing and Urban Development. (3) Youth The term youth means not older than 17 years old. (4) Young adult The term young adult means— (A) 18 years or older but not older than 30 years old; or (B) emancipated minors under applicable State law.
4,105
[ "Financial Services Committee" ]
118hr1485ih
118
hr
1,485
ih
To limit the price charged by manufacturers for insulin.
[ { "text": "1. Short title \nThis Act may be cited as the Insulin for All Act of 2023.", "id": "H61FA749E060B47579CCA1635C3E36170", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Limitation on price of insulin \n(a) In general \nNotwithstanding any other provision of law, the price charged by manufacturers of insulin for insulin that is sold in the United States may not exceed $20 per 1000 units of insulin, which may be contained in one or more vials, pens, cartridges, or other forms of delivery. (b) Insulin defined \nIn this section, the term insulin means insulin that is licensed under subsection (a) or (k) of section 351 of the Public Health Service Act ( 42 U.S.C. 262 ) and continues to be marketed pursuant to such licensure.", "id": "H6891A7FC7773423989860242F32ECBF8", "header": "Limitation on price of insulin", "nested": [ { "text": "(a) In general \nNotwithstanding any other provision of law, the price charged by manufacturers of insulin for insulin that is sold in the United States may not exceed $20 per 1000 units of insulin, which may be contained in one or more vials, pens, cartridges, or other forms of delivery.", "id": "H999CFB0DA1E946048BAD451F4DC7ED27", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Insulin defined \nIn this section, the term insulin means insulin that is licensed under subsection (a) or (k) of section 351 of the Public Health Service Act ( 42 U.S.C. 262 ) and continues to be marketed pursuant to such licensure.", "id": "H03510EFF0B644E4C8CC6EAF662740A7E", "header": "Insulin defined", "nested": [], "links": [ { "text": "42 U.S.C. 262", "legal-doc": "usc", "parsable-cite": "usc/42/262" } ] } ], "links": [ { "text": "42 U.S.C. 262", "legal-doc": "usc", "parsable-cite": "usc/42/262" } ] } ]
2
1. Short title This Act may be cited as the Insulin for All Act of 2023. 2. Limitation on price of insulin (a) In general Notwithstanding any other provision of law, the price charged by manufacturers of insulin for insulin that is sold in the United States may not exceed $20 per 1000 units of insulin, which may be contained in one or more vials, pens, cartridges, or other forms of delivery. (b) Insulin defined In this section, the term insulin means insulin that is licensed under subsection (a) or (k) of section 351 of the Public Health Service Act ( 42 U.S.C. 262 ) and continues to be marketed pursuant to such licensure.
634
[ "Energy and Commerce Committee" ]
118hr6602rfs
118
hr
6,602
rfs
To amend the Export Control Reform Act of 2018 relating to the review of the interagency dispute resolution process.
[ { "text": "1. Review of interagency dispute resolution process \nSection 1763(c) of the Export Control Reform Act of 2018 ( 50 U.S.C. 4822(c) ) is amended— (1) by striking In any case and inserting the following: (1) In general \nIn any case ; (2) by inserting “countries subject to a comprehensive United States arms embargo,” after “matters relating to”; (3) by striking “may be decided” and inserting “shall be decided”; (4) by adding at the end the following: The chair of the Committee is authorized to decide any case or matter described in the preceding sentence in which the Committee is unable to decide the case or matter by majority vote. ; and (5) by further adding at the end the following: (2) Definition \nIn paragraph (1), the term country subject to a comprehensive United States arms embargo means— (A) any country listed on table 1 to paragraph (d)(1) of section 126.1 of title 22, Code of Federal Regulations (as such section is in effect on the day before the date of the enactment of this paragraph); and (B) the Russian Federation..", "id": "H5ECA98FA87BC4B5FB54DC56C3EBA6E8D", "header": "Review of interagency dispute resolution process", "nested": [], "links": [ { "text": "50 U.S.C. 4822(c)", "legal-doc": "usc", "parsable-cite": "usc/50/4822" } ] } ]
1
1. Review of interagency dispute resolution process Section 1763(c) of the Export Control Reform Act of 2018 ( 50 U.S.C. 4822(c) ) is amended— (1) by striking In any case and inserting the following: (1) In general In any case ; (2) by inserting “countries subject to a comprehensive United States arms embargo,” after “matters relating to”; (3) by striking “may be decided” and inserting “shall be decided”; (4) by adding at the end the following: The chair of the Committee is authorized to decide any case or matter described in the preceding sentence in which the Committee is unable to decide the case or matter by majority vote. ; and (5) by further adding at the end the following: (2) Definition In paragraph (1), the term country subject to a comprehensive United States arms embargo means— (A) any country listed on table 1 to paragraph (d)(1) of section 126.1 of title 22, Code of Federal Regulations (as such section is in effect on the day before the date of the enactment of this paragraph); and (B) the Russian Federation..
1,041
[ "Banking, Housing, and Urban Affairs Committee", "Foreign Affairs Committee" ]
118hr4088ih
118
hr
4,088
ih
To amend the SUPPORT for Patients and Communities Act to reauthorize a program to support individuals in substance use disorder treatment and recovery to live independently and participate in the workforce, and for other purposes.
[ { "text": "1. Short title \nThis Act may be cited as the Comprehensive Addiction Recovery through Effective Employment and Reentry Act of 2023 or the CAREER Act of 2023.", "id": "HED5F27C1BF324D52AB3170CE0AAB7F55", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Treatment, recovery, and workforce support grants \nSection 7183 of the SUPPORT for Patients and Communities Act ( 42 U.S.C. 290ee–8 ) is amended— (1) in subsection (b), by inserting each before for a period ; (2) by amending subsection (c)(2) to read as follows: (2) Rates \nThe rates described in this paragraph are the following: (A) The amount by which the average rate of drug overdose deaths in the State, adjusted for age, for the period of 5 calendar years for which there is available data, including if necessary provisional data, immediately preceding the grant cycle (which shall be the period of calendar years 2018 through 2022 for the first grant cycle following the enactment of the Comprehensive Addiction Recovery through Effective Employment and Reentry Act of 2023 ) is above the average national overdose mortality rate, as determined by the Director of the Centers for Disease Control and Prevention, for the same period. (B) The amount by which the average rate of unemployment for the State, based on data provided by the Bureau of Labor Statistics, for the period of 5 calendar years for which there is available data, including if necessary provisional data, immediately preceding the grant cycle (which shall be the period of calendar years 2018 through 2022 for the first grant cycle following the enactment of the Comprehensive Addiction Recovery through Effective Employment and Reentry Act of 2023 ) is above the national average for the same period. (C) The amount by which the average rate of labor force participation in the State, based on data provided by the Bureau of Labor Statistics, for the period of 5 calendar years for which there is available data, including if necessary provisional data, immediately preceding the grant cycle (which shall be the period of calendar years 2018 through 2022 for the first grant cycle following the enactment of the Comprehensive Addiction Recovery through Effective Employment and Reentry Act of 2023 ) is below the national average for the same period. ; (3) in subsection (g)— (A) in paragraphs (1) and (3), by redesignating subparagraphs (A) and (B) as clauses (i) and (ii), respectively, and adjusting the margins accordingly; (B) by redesignating paragraphs (1) through (3) as subparagraphs (A) through (C), respectively, and adjusting the margins accordingly; (C) by striking An entity and inserting the following: (1) In general \nAn entity ; and (D) by adding at the end the following: (2) Transportation services \nAn entity receiving a grant under this section may use the funds for providing transportation for individuals to participate in an activity supported by a grant under this section, which transportation shall be to or from a place of work or a place where the individual is receiving vocational education or job training services or receiving services directly linked to treatment of or recovery from a substance use disorder. ; (4) in subsection (j)— (A) in paragraph (1), by inserting for each grant cycle after grant period ; and (B) in paragraph (2)— (i) in the matter preceding subparagraph (A)— (I) by striking the preliminary report and inserting each preliminary report ; and (II) by inserting for the grant cycle after final report ; and (ii) in subparagraph (A), by striking (g)(3) and inserting (g)(1)(C) ; and (5) in subsection (k), by striking $5,000,000 for each of fiscal years 2019 through 2023 and inserting $12,000,000 for each of fiscal years 2024 through 2028.", "id": "HAC74FE384D1143F98463D2A6FBEDD581", "header": "Treatment, recovery, and workforce support grants", "nested": [], "links": [ { "text": "42 U.S.C. 290ee–8", "legal-doc": "usc", "parsable-cite": "usc/42/290ee-8" } ] } ]
2
1. Short title This Act may be cited as the Comprehensive Addiction Recovery through Effective Employment and Reentry Act of 2023 or the CAREER Act of 2023. 2. Treatment, recovery, and workforce support grants Section 7183 of the SUPPORT for Patients and Communities Act ( 42 U.S.C. 290ee–8 ) is amended— (1) in subsection (b), by inserting each before for a period ; (2) by amending subsection (c)(2) to read as follows: (2) Rates The rates described in this paragraph are the following: (A) The amount by which the average rate of drug overdose deaths in the State, adjusted for age, for the period of 5 calendar years for which there is available data, including if necessary provisional data, immediately preceding the grant cycle (which shall be the period of calendar years 2018 through 2022 for the first grant cycle following the enactment of the Comprehensive Addiction Recovery through Effective Employment and Reentry Act of 2023 ) is above the average national overdose mortality rate, as determined by the Director of the Centers for Disease Control and Prevention, for the same period. (B) The amount by which the average rate of unemployment for the State, based on data provided by the Bureau of Labor Statistics, for the period of 5 calendar years for which there is available data, including if necessary provisional data, immediately preceding the grant cycle (which shall be the period of calendar years 2018 through 2022 for the first grant cycle following the enactment of the Comprehensive Addiction Recovery through Effective Employment and Reentry Act of 2023 ) is above the national average for the same period. (C) The amount by which the average rate of labor force participation in the State, based on data provided by the Bureau of Labor Statistics, for the period of 5 calendar years for which there is available data, including if necessary provisional data, immediately preceding the grant cycle (which shall be the period of calendar years 2018 through 2022 for the first grant cycle following the enactment of the Comprehensive Addiction Recovery through Effective Employment and Reentry Act of 2023 ) is below the national average for the same period. ; (3) in subsection (g)— (A) in paragraphs (1) and (3), by redesignating subparagraphs (A) and (B) as clauses (i) and (ii), respectively, and adjusting the margins accordingly; (B) by redesignating paragraphs (1) through (3) as subparagraphs (A) through (C), respectively, and adjusting the margins accordingly; (C) by striking An entity and inserting the following: (1) In general An entity ; and (D) by adding at the end the following: (2) Transportation services An entity receiving a grant under this section may use the funds for providing transportation for individuals to participate in an activity supported by a grant under this section, which transportation shall be to or from a place of work or a place where the individual is receiving vocational education or job training services or receiving services directly linked to treatment of or recovery from a substance use disorder. ; (4) in subsection (j)— (A) in paragraph (1), by inserting for each grant cycle after grant period ; and (B) in paragraph (2)— (i) in the matter preceding subparagraph (A)— (I) by striking the preliminary report and inserting each preliminary report ; and (II) by inserting for the grant cycle after final report ; and (ii) in subparagraph (A), by striking (g)(3) and inserting (g)(1)(C) ; and (5) in subsection (k), by striking $5,000,000 for each of fiscal years 2019 through 2023 and inserting $12,000,000 for each of fiscal years 2024 through 2028.
3,638
[ "Energy and Commerce Committee", "Education and the Workforce Committee" ]
118hr3507ih
118
hr
3,507
ih
To require certain grantees under title I of the Housing and Community Development Act of 1974 to submit a plan to track discriminatory land use policies, and for other purposes.
[ { "text": "1. Short title \nThis Act may be cited as the Yes In My Backyard Act.", "id": "H7D45E0DC74B04488920267A3565B8004", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Purpose \nThe purpose of this Act is to discourage the use of discriminatory land use policies and remove barriers to making housing more affordable in order to further the original intent of the Community Development Block Grant program.", "id": "H2B5C96BA4AE24AF89090A60400E189FE", "header": "Purpose", "nested": [], "links": [] }, { "text": "3. Land use plan \n(a) In general \nSection 104 of the Housing and Community Development Act of 1974 ( 42 U.S.C. 5304 ) is amended by adding at the end the following: (n) Plan To track discriminatory land use policies \n(1) In general \nPrior to receipt in any fiscal year of a grant from the Secretary under subsection (b), (d)(1), or (d)(2)(B) of section 106, each recipient shall have prepared and submitted, not less frequently than once during the preceding 5-year period, in accordance with this subsection and in such standardized form as the Secretary shall, by regulation, prescribe, with respect to each land use policy described in paragraph (2) that is applicable to the jurisdiction served by the recipient, a description of— (A) whether the recipient has already adopted the policy in the jurisdiction served by the recipient; (B) the plan of the recipient to implement the policy in that jurisdiction; or (C) the ways in which adopting the policy will benefit the jurisdiction. (2) Land use policies \nThe policies described in this paragraph are as follows: (A) Enacting high-density single-family and multifamily zoning. (B) Expanding by-right multifamily zoned areas. (C) Allowing duplexes, triplexes, or fourplexes in areas zoned primarily for single-family residential homes. (D) Allowing manufactured homes in areas zoned primarily for single-family residential homes. (E) Allowing multifamily development in retail, office, and light manufacturing zones. (F) Allowing single-room occupancy development wherever multifamily housing is allowed. (G) Reducing minimum lot size. (H) Ensuring historic preservation requirements and other land use policies or requirements are coordinated to encourage creation of housing in historic buildings and historic districts. (I) Increasing the allowable floor area ratio in multifamily housing areas. (J) Creating transit-oriented development zones. (K) Streamlining or shortening permitting processes and timelines, including through one-stop and parallel-process permitting. (L) Eliminating or reducing off-street parking requirements. (M) Ensuring impact and utility investment fees accurately reflect required infrastructure needs and related impacts on housing affordability are otherwise mitigated. (N) Allowing prefabricated construction. (O) Reducing or eliminating minimum unit square footage requirements. (P) Allowing the conversion of office units to apartments. (Q) Allowing the subdivision of single-family homes into duplexes. (R) Allowing accessory dwelling units, including detached accessory dwelling units, on all lots with single-family homes. (S) Establishing density bonuses. (T) Eliminating or relaxing residential property height limitations. (U) Using property tax abatements to enable higher density and mixed-income communities. (V) Donating vacant land for affordable housing development. (3) Effect of submission \nA submission under this subsection shall not be binding with respect to the use or distribution of amounts received under section 106. (4) Acceptance or nonacceptance of plan \nThe acceptance or nonacceptance of any plan submitted under this subsection in which the information required under this subsection is provided is not an endorsement or approval of the plan, policies, or methodologies, or lack thereof.. (b) Effective date \nThe requirements under subsection (n) of section 104 of the Housing and Community Development Act of 1974 ( 42 U.S.C. 5304 ), as added by subsection (a), shall— (1) take effect on the date that is 1 year after the date of enactment of this Act; and (2) apply to recipients of a grant under subsection (b), (d)(1), or (d)(2)(B) of section 106 of the Housing and Community Development Act of 1974 ( 42 U.S.C. 5306 ) before, on, and after such date.", "id": "HFF533B05939F4D818887D1623EADEC95", "header": "Land use plan", "nested": [ { "text": "(a) In general \nSection 104 of the Housing and Community Development Act of 1974 ( 42 U.S.C. 5304 ) is amended by adding at the end the following: (n) Plan To track discriminatory land use policies \n(1) In general \nPrior to receipt in any fiscal year of a grant from the Secretary under subsection (b), (d)(1), or (d)(2)(B) of section 106, each recipient shall have prepared and submitted, not less frequently than once during the preceding 5-year period, in accordance with this subsection and in such standardized form as the Secretary shall, by regulation, prescribe, with respect to each land use policy described in paragraph (2) that is applicable to the jurisdiction served by the recipient, a description of— (A) whether the recipient has already adopted the policy in the jurisdiction served by the recipient; (B) the plan of the recipient to implement the policy in that jurisdiction; or (C) the ways in which adopting the policy will benefit the jurisdiction. (2) Land use policies \nThe policies described in this paragraph are as follows: (A) Enacting high-density single-family and multifamily zoning. (B) Expanding by-right multifamily zoned areas. (C) Allowing duplexes, triplexes, or fourplexes in areas zoned primarily for single-family residential homes. (D) Allowing manufactured homes in areas zoned primarily for single-family residential homes. (E) Allowing multifamily development in retail, office, and light manufacturing zones. (F) Allowing single-room occupancy development wherever multifamily housing is allowed. (G) Reducing minimum lot size. (H) Ensuring historic preservation requirements and other land use policies or requirements are coordinated to encourage creation of housing in historic buildings and historic districts. (I) Increasing the allowable floor area ratio in multifamily housing areas. (J) Creating transit-oriented development zones. (K) Streamlining or shortening permitting processes and timelines, including through one-stop and parallel-process permitting. (L) Eliminating or reducing off-street parking requirements. (M) Ensuring impact and utility investment fees accurately reflect required infrastructure needs and related impacts on housing affordability are otherwise mitigated. (N) Allowing prefabricated construction. (O) Reducing or eliminating minimum unit square footage requirements. (P) Allowing the conversion of office units to apartments. (Q) Allowing the subdivision of single-family homes into duplexes. (R) Allowing accessory dwelling units, including detached accessory dwelling units, on all lots with single-family homes. (S) Establishing density bonuses. (T) Eliminating or relaxing residential property height limitations. (U) Using property tax abatements to enable higher density and mixed-income communities. (V) Donating vacant land for affordable housing development. (3) Effect of submission \nA submission under this subsection shall not be binding with respect to the use or distribution of amounts received under section 106. (4) Acceptance or nonacceptance of plan \nThe acceptance or nonacceptance of any plan submitted under this subsection in which the information required under this subsection is provided is not an endorsement or approval of the plan, policies, or methodologies, or lack thereof..", "id": "HFBD68BD5DFA24B3D9C77539021D72CC7", "header": "In general", "nested": [], "links": [ { "text": "42 U.S.C. 5304", "legal-doc": "usc", "parsable-cite": "usc/42/5304" } ] }, { "text": "(b) Effective date \nThe requirements under subsection (n) of section 104 of the Housing and Community Development Act of 1974 ( 42 U.S.C. 5304 ), as added by subsection (a), shall— (1) take effect on the date that is 1 year after the date of enactment of this Act; and (2) apply to recipients of a grant under subsection (b), (d)(1), or (d)(2)(B) of section 106 of the Housing and Community Development Act of 1974 ( 42 U.S.C. 5306 ) before, on, and after such date.", "id": "H02DCFE6A655740B99EFA2349B1FF6257", "header": "Effective date", "nested": [], "links": [ { "text": "42 U.S.C. 5304", "legal-doc": "usc", "parsable-cite": "usc/42/5304" }, { "text": "42 U.S.C. 5306", "legal-doc": "usc", "parsable-cite": "usc/42/5306" } ] } ], "links": [ { "text": "42 U.S.C. 5304", "legal-doc": "usc", "parsable-cite": "usc/42/5304" }, { "text": "42 U.S.C. 5304", "legal-doc": "usc", "parsable-cite": "usc/42/5304" }, { "text": "42 U.S.C. 5306", "legal-doc": "usc", "parsable-cite": "usc/42/5306" } ] } ]
3
1. Short title This Act may be cited as the Yes In My Backyard Act. 2. Purpose The purpose of this Act is to discourage the use of discriminatory land use policies and remove barriers to making housing more affordable in order to further the original intent of the Community Development Block Grant program. 3. Land use plan (a) In general Section 104 of the Housing and Community Development Act of 1974 ( 42 U.S.C. 5304 ) is amended by adding at the end the following: (n) Plan To track discriminatory land use policies (1) In general Prior to receipt in any fiscal year of a grant from the Secretary under subsection (b), (d)(1), or (d)(2)(B) of section 106, each recipient shall have prepared and submitted, not less frequently than once during the preceding 5-year period, in accordance with this subsection and in such standardized form as the Secretary shall, by regulation, prescribe, with respect to each land use policy described in paragraph (2) that is applicable to the jurisdiction served by the recipient, a description of— (A) whether the recipient has already adopted the policy in the jurisdiction served by the recipient; (B) the plan of the recipient to implement the policy in that jurisdiction; or (C) the ways in which adopting the policy will benefit the jurisdiction. (2) Land use policies The policies described in this paragraph are as follows: (A) Enacting high-density single-family and multifamily zoning. (B) Expanding by-right multifamily zoned areas. (C) Allowing duplexes, triplexes, or fourplexes in areas zoned primarily for single-family residential homes. (D) Allowing manufactured homes in areas zoned primarily for single-family residential homes. (E) Allowing multifamily development in retail, office, and light manufacturing zones. (F) Allowing single-room occupancy development wherever multifamily housing is allowed. (G) Reducing minimum lot size. (H) Ensuring historic preservation requirements and other land use policies or requirements are coordinated to encourage creation of housing in historic buildings and historic districts. (I) Increasing the allowable floor area ratio in multifamily housing areas. (J) Creating transit-oriented development zones. (K) Streamlining or shortening permitting processes and timelines, including through one-stop and parallel-process permitting. (L) Eliminating or reducing off-street parking requirements. (M) Ensuring impact and utility investment fees accurately reflect required infrastructure needs and related impacts on housing affordability are otherwise mitigated. (N) Allowing prefabricated construction. (O) Reducing or eliminating minimum unit square footage requirements. (P) Allowing the conversion of office units to apartments. (Q) Allowing the subdivision of single-family homes into duplexes. (R) Allowing accessory dwelling units, including detached accessory dwelling units, on all lots with single-family homes. (S) Establishing density bonuses. (T) Eliminating or relaxing residential property height limitations. (U) Using property tax abatements to enable higher density and mixed-income communities. (V) Donating vacant land for affordable housing development. (3) Effect of submission A submission under this subsection shall not be binding with respect to the use or distribution of amounts received under section 106. (4) Acceptance or nonacceptance of plan The acceptance or nonacceptance of any plan submitted under this subsection in which the information required under this subsection is provided is not an endorsement or approval of the plan, policies, or methodologies, or lack thereof.. (b) Effective date The requirements under subsection (n) of section 104 of the Housing and Community Development Act of 1974 ( 42 U.S.C. 5304 ), as added by subsection (a), shall— (1) take effect on the date that is 1 year after the date of enactment of this Act; and (2) apply to recipients of a grant under subsection (b), (d)(1), or (d)(2)(B) of section 106 of the Housing and Community Development Act of 1974 ( 42 U.S.C. 5306 ) before, on, and after such date.
4,085
[ "Financial Services Committee" ]
118hr2149ih
118
hr
2,149
ih
To provide for a limitation on availability of funds for Independent Agencies, Small Business Administration, Disaster Loan Program for fiscal year 2024.
[ { "text": "1. Limitation on availability of funds for Independent Agencies, Small Business Administration, Disaster Loan Program for fiscal year 2024 \nNotwithstanding any other provision of the law, amounts authorized to be appropriated or otherwise available for Independent Agencies, Small Business Administration, Disaster Loan Program for fiscal year 2024 may not exceed $10,000,000.", "id": "H32F891CC025143BF93B1DAF361977921", "header": "Limitation on availability of funds for Independent Agencies, Small Business Administration, Disaster Loan Program for fiscal year 2024", "nested": [], "links": [] } ]
1
1. Limitation on availability of funds for Independent Agencies, Small Business Administration, Disaster Loan Program for fiscal year 2024 Notwithstanding any other provision of the law, amounts authorized to be appropriated or otherwise available for Independent Agencies, Small Business Administration, Disaster Loan Program for fiscal year 2024 may not exceed $10,000,000.
376
[ "Small Business Committee" ]
118hr269ih
118
hr
269
ih
To authorize an additional district judgeship for the district of Idaho.
[ { "text": "1. District judgeship for the district of Idaho \n(a) In general \nThe President shall appoint, by and with the advice and consent of the Senate, 1 additional district judge for the district of Idaho. (b) Technical and conforming amendment \nIn order that the table contained in section 133(a) of title 28, United States Code, will reflect the change in the number of judgeships authorized by subsection (a), such table is amended by striking the item relating to Idaho and inserting the following: Idaho 3.", "id": "HF825CF10FCB948A48F06DDB4ED1E5946", "header": "District judgeship for the district of Idaho", "nested": [ { "text": "(a) In general \nThe President shall appoint, by and with the advice and consent of the Senate, 1 additional district judge for the district of Idaho.", "id": "H2913B292AE704FED85412E1FDBABDE48", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Technical and conforming amendment \nIn order that the table contained in section 133(a) of title 28, United States Code, will reflect the change in the number of judgeships authorized by subsection (a), such table is amended by striking the item relating to Idaho and inserting the following: Idaho 3.", "id": "H31404B13F8384CCBBE25A83C310D5E75", "header": "Technical and conforming amendment", "nested": [], "links": [] } ], "links": [] } ]
1
1. District judgeship for the district of Idaho (a) In general The President shall appoint, by and with the advice and consent of the Senate, 1 additional district judge for the district of Idaho. (b) Technical and conforming amendment In order that the table contained in section 133(a) of title 28, United States Code, will reflect the change in the number of judgeships authorized by subsection (a), such table is amended by striking the item relating to Idaho and inserting the following: Idaho 3.
504
[ "Judiciary Committee" ]
118hr1604ih
118
hr
1,604
ih
To amend the Federal Meat Inspection Act to modify requirements for a meat food product of cattle to bear a Product of U.S.A. label, and for other purposes.
[ { "text": "1. Short title \nThis Act may be cited as the U.S.A. Beef Act.", "id": "H18324CA8922047C39E463863FE2CF360", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Product of U.S.A. label for beef \nSection 7 of the Federal Meat Inspection Act ( 21 U.S.C. 607 ) is amended by adding at the end the following: (g) Product of the United States label for beef \n(1) In general \nSubject to paragraph (2), the label of meat of cattle or a meat food product of cattle may bear the phrase Product of U.S.A. , or any substantially similar word or phrase, only if the meat or meat food product is exclusively derived from 1 or more cattle exclusively born, raised, and slaughtered in the United States. (2) Inapplicability \nParagraph (1) shall not apply to meat of cattle or a meat food product of cattle that is intended and offered for export to a foreign country..", "id": "H36D9C44102C54ED28BFB657E9D8C728B", "header": "Product of U.S.A. label for beef", "nested": [], "links": [ { "text": "21 U.S.C. 607", "legal-doc": "usc", "parsable-cite": "usc/21/607" } ] } ]
2
1. Short title This Act may be cited as the U.S.A. Beef Act. 2. Product of U.S.A. label for beef Section 7 of the Federal Meat Inspection Act ( 21 U.S.C. 607 ) is amended by adding at the end the following: (g) Product of the United States label for beef (1) In general Subject to paragraph (2), the label of meat of cattle or a meat food product of cattle may bear the phrase Product of U.S.A. , or any substantially similar word or phrase, only if the meat or meat food product is exclusively derived from 1 or more cattle exclusively born, raised, and slaughtered in the United States. (2) Inapplicability Paragraph (1) shall not apply to meat of cattle or a meat food product of cattle that is intended and offered for export to a foreign country..
757
[ "Agriculture Committee" ]
118hr7439ih
118
hr
7,439
ih
To amend the Homeland Security Act of 2002 to require the Secretary of Homeland Security to prioritize strengthening of State and local law enforcement capabilities to combat transnational repression and related terrorism threats, and for other purposes.
[ { "text": "1. Short title \nThis Act may be cited as the Strengthening State and Local Efforts to Combat Transnational Repression Act.", "id": "H7ECDA77AD15A438388A94E16500128A4", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Combating transnational repression \n(a) In general \nSubtitle C of title IV of the Homeland Security Act of 2002 ( 6 U.S.C. 231 et seq. ) is amended by adding at the end the following new section: 437. Strengthening State and local law enforcement efforts to combat transnational repression and related terrorism threats \n(a) In general \nThe Secretary, in consultation with public and private sector stakeholders, shall in a manner consistent with the protection of privacy rights, civil rights, and civil liberties, develop, through the Federal Law Enforcement Training Centers, a training program to enhance the capabilities of State, local, Tribal, and territorial law enforcement personnel, including personnel of the National Network of Fusion Centers, to combat transnational repression and related terrorism threats. (b) Requirements \nThe training provided pursuant to subsection (a) shall relate to the following: (1) Identifying instances of transnational repression and related terrorism threats. (2) Types of information that should be collected and recorded in information technology systems to help identify suspected perpetrators of transnational repression and related terrorism threats. (3) Identifying suspected targets or victims of transnational repression and related terrorism threats. (4) Personal safety best practices for individuals and communities that may be targets or are victims of transnational repression and related terrorism threats to prevent and mitigate transnational repression and related terrorism threats and ensure that such targets and victims are afforded prompt information about and access to victim support resources, including such resources offered by the Cybersecurity and Infrastructure Security Agency and the Office for Civil Rights and Civil Liberties, to address their immediate and long-term needs. (c) Community awareness briefings \nThe Officer for Civil Rights and Civil Liberties shall engage with State, local, Tribal, and territorial law enforcement personnel, including personnel of the National Network of Fusion Centers, and individuals and communities that may be targets or are victims of transnational repression and related terrorism threats, including by informing such individuals and communities about how to identify transnational repression and related terrorism threats and protect against transnational repression and related terrorism threats. (d) Definitions \nIn this section: (1) Personal safety best practices \nThe term personal safety best practices means measures for enhancing individuals’ and communities’ physical security, situational awareness, and online security. (2) Transnational repression \nThe term transnational repression means actions of a foreign government, or an individual or entity working on behalf or at the direction of a foreign government, involving the transgression of national borders through physical, digital, or analog means to intimidate, silence, coerce, harass, or harm individuals or communities in order to prevent their exercise of freedom of speech, expression, religion, or assembly.. (b) Research and development \nThe Secretary of Homeland Security shall coordinate with the Under Secretary for Science and Technology of the Department of Homeland Security to— (1) carry out research and development of a technology to enhance participation rates in training offered to other State, local, Tribal, and territorial law enforcement personnel, including personnel of the National Network of Fusion Centers, for the purpose of enhancing domestic preparedness for and collective response to transnational repression and related terrorism threats and other homeland security threats; and (2) share information relating to researching and developing methods for identifying instances, suspected targets, and victims of transnational repression and related terrorism threats, and methods for collecting and recording information to help identify suspected perpetrators of transnational repression and related terrorism threats. (c) Comptroller general review \nNot later than two years after the date of the enactment of this Act, the Comptroller General of the United States shall submit to Congress a report on the implementation of section 437 of the Homeland Security Act of 2002, as added by subsection (a). (d) Clerical amendment \nThe table of contents in section 1(b) of the Homeland Security Act of 2002 is amended by inserting after the item relating to section 436 the following new item: Sec. 437. Strengthening State and local law enforcement efforts to combat transnational repression and related terrorism threats..", "id": "H5EE09290580F46B18329E15C80A1A79E", "header": "Combating transnational repression", "nested": [ { "text": "(a) In general \nSubtitle C of title IV of the Homeland Security Act of 2002 ( 6 U.S.C. 231 et seq. ) is amended by adding at the end the following new section: 437. Strengthening State and local law enforcement efforts to combat transnational repression and related terrorism threats \n(a) In general \nThe Secretary, in consultation with public and private sector stakeholders, shall in a manner consistent with the protection of privacy rights, civil rights, and civil liberties, develop, through the Federal Law Enforcement Training Centers, a training program to enhance the capabilities of State, local, Tribal, and territorial law enforcement personnel, including personnel of the National Network of Fusion Centers, to combat transnational repression and related terrorism threats. (b) Requirements \nThe training provided pursuant to subsection (a) shall relate to the following: (1) Identifying instances of transnational repression and related terrorism threats. (2) Types of information that should be collected and recorded in information technology systems to help identify suspected perpetrators of transnational repression and related terrorism threats. (3) Identifying suspected targets or victims of transnational repression and related terrorism threats. (4) Personal safety best practices for individuals and communities that may be targets or are victims of transnational repression and related terrorism threats to prevent and mitigate transnational repression and related terrorism threats and ensure that such targets and victims are afforded prompt information about and access to victim support resources, including such resources offered by the Cybersecurity and Infrastructure Security Agency and the Office for Civil Rights and Civil Liberties, to address their immediate and long-term needs. (c) Community awareness briefings \nThe Officer for Civil Rights and Civil Liberties shall engage with State, local, Tribal, and territorial law enforcement personnel, including personnel of the National Network of Fusion Centers, and individuals and communities that may be targets or are victims of transnational repression and related terrorism threats, including by informing such individuals and communities about how to identify transnational repression and related terrorism threats and protect against transnational repression and related terrorism threats. (d) Definitions \nIn this section: (1) Personal safety best practices \nThe term personal safety best practices means measures for enhancing individuals’ and communities’ physical security, situational awareness, and online security. (2) Transnational repression \nThe term transnational repression means actions of a foreign government, or an individual or entity working on behalf or at the direction of a foreign government, involving the transgression of national borders through physical, digital, or analog means to intimidate, silence, coerce, harass, or harm individuals or communities in order to prevent their exercise of freedom of speech, expression, religion, or assembly..", "id": "H6EDCA94F072D49218F0286A405CC3AFC", "header": "In general", "nested": [], "links": [ { "text": "6 U.S.C. 231 et seq.", "legal-doc": "usc", "parsable-cite": "usc/6/231" } ] }, { "text": "(b) Research and development \nThe Secretary of Homeland Security shall coordinate with the Under Secretary for Science and Technology of the Department of Homeland Security to— (1) carry out research and development of a technology to enhance participation rates in training offered to other State, local, Tribal, and territorial law enforcement personnel, including personnel of the National Network of Fusion Centers, for the purpose of enhancing domestic preparedness for and collective response to transnational repression and related terrorism threats and other homeland security threats; and (2) share information relating to researching and developing methods for identifying instances, suspected targets, and victims of transnational repression and related terrorism threats, and methods for collecting and recording information to help identify suspected perpetrators of transnational repression and related terrorism threats.", "id": "H4C89E8AA347442FB978108106BDB9D7F", "header": "Research and development", "nested": [], "links": [] }, { "text": "(c) Comptroller general review \nNot later than two years after the date of the enactment of this Act, the Comptroller General of the United States shall submit to Congress a report on the implementation of section 437 of the Homeland Security Act of 2002, as added by subsection (a).", "id": "H6AD11265B3CF4EB483440BACADC13877", "header": "Comptroller general review", "nested": [], "links": [] }, { "text": "(d) Clerical amendment \nThe table of contents in section 1(b) of the Homeland Security Act of 2002 is amended by inserting after the item relating to section 436 the following new item: Sec. 437. Strengthening State and local law enforcement efforts to combat transnational repression and related terrorism threats..", "id": "HD63E846BB434412CA29F4BC625BC7856", "header": "Clerical amendment", "nested": [], "links": [] } ], "links": [ { "text": "6 U.S.C. 231 et seq.", "legal-doc": "usc", "parsable-cite": "usc/6/231" } ] }, { "text": "437. Strengthening State and local law enforcement efforts to combat transnational repression and related terrorism threats \n(a) In general \nThe Secretary, in consultation with public and private sector stakeholders, shall in a manner consistent with the protection of privacy rights, civil rights, and civil liberties, develop, through the Federal Law Enforcement Training Centers, a training program to enhance the capabilities of State, local, Tribal, and territorial law enforcement personnel, including personnel of the National Network of Fusion Centers, to combat transnational repression and related terrorism threats. (b) Requirements \nThe training provided pursuant to subsection (a) shall relate to the following: (1) Identifying instances of transnational repression and related terrorism threats. (2) Types of information that should be collected and recorded in information technology systems to help identify suspected perpetrators of transnational repression and related terrorism threats. (3) Identifying suspected targets or victims of transnational repression and related terrorism threats. (4) Personal safety best practices for individuals and communities that may be targets or are victims of transnational repression and related terrorism threats to prevent and mitigate transnational repression and related terrorism threats and ensure that such targets and victims are afforded prompt information about and access to victim support resources, including such resources offered by the Cybersecurity and Infrastructure Security Agency and the Office for Civil Rights and Civil Liberties, to address their immediate and long-term needs. (c) Community awareness briefings \nThe Officer for Civil Rights and Civil Liberties shall engage with State, local, Tribal, and territorial law enforcement personnel, including personnel of the National Network of Fusion Centers, and individuals and communities that may be targets or are victims of transnational repression and related terrorism threats, including by informing such individuals and communities about how to identify transnational repression and related terrorism threats and protect against transnational repression and related terrorism threats. (d) Definitions \nIn this section: (1) Personal safety best practices \nThe term personal safety best practices means measures for enhancing individuals’ and communities’ physical security, situational awareness, and online security. (2) Transnational repression \nThe term transnational repression means actions of a foreign government, or an individual or entity working on behalf or at the direction of a foreign government, involving the transgression of national borders through physical, digital, or analog means to intimidate, silence, coerce, harass, or harm individuals or communities in order to prevent their exercise of freedom of speech, expression, religion, or assembly.", "id": "H64884ADBECD44B75A11161FC77E0C064", "header": "Strengthening State and local law enforcement efforts to combat transnational repression and related terrorism threats", "nested": [ { "text": "(a) In general \nThe Secretary, in consultation with public and private sector stakeholders, shall in a manner consistent with the protection of privacy rights, civil rights, and civil liberties, develop, through the Federal Law Enforcement Training Centers, a training program to enhance the capabilities of State, local, Tribal, and territorial law enforcement personnel, including personnel of the National Network of Fusion Centers, to combat transnational repression and related terrorism threats.", "id": "H85A2C5A6A1BA4D589D64CA7CCEC926A2", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Requirements \nThe training provided pursuant to subsection (a) shall relate to the following: (1) Identifying instances of transnational repression and related terrorism threats. (2) Types of information that should be collected and recorded in information technology systems to help identify suspected perpetrators of transnational repression and related terrorism threats. (3) Identifying suspected targets or victims of transnational repression and related terrorism threats. (4) Personal safety best practices for individuals and communities that may be targets or are victims of transnational repression and related terrorism threats to prevent and mitigate transnational repression and related terrorism threats and ensure that such targets and victims are afforded prompt information about and access to victim support resources, including such resources offered by the Cybersecurity and Infrastructure Security Agency and the Office for Civil Rights and Civil Liberties, to address their immediate and long-term needs.", "id": "H1CE1F874C7694CD0BBC7C4462C854C24", "header": "Requirements", "nested": [], "links": [] }, { "text": "(c) Community awareness briefings \nThe Officer for Civil Rights and Civil Liberties shall engage with State, local, Tribal, and territorial law enforcement personnel, including personnel of the National Network of Fusion Centers, and individuals and communities that may be targets or are victims of transnational repression and related terrorism threats, including by informing such individuals and communities about how to identify transnational repression and related terrorism threats and protect against transnational repression and related terrorism threats.", "id": "H10209078B4B746A1893F3D8D47326CB3", "header": "Community awareness briefings", "nested": [], "links": [] }, { "text": "(d) Definitions \nIn this section: (1) Personal safety best practices \nThe term personal safety best practices means measures for enhancing individuals’ and communities’ physical security, situational awareness, and online security. (2) Transnational repression \nThe term transnational repression means actions of a foreign government, or an individual or entity working on behalf or at the direction of a foreign government, involving the transgression of national borders through physical, digital, or analog means to intimidate, silence, coerce, harass, or harm individuals or communities in order to prevent their exercise of freedom of speech, expression, religion, or assembly.", "id": "H6651FFAC03B44A6F8DE75EA6EDD37AD7", "header": "Definitions", "nested": [], "links": [] } ], "links": [] } ]
3
1. Short title This Act may be cited as the Strengthening State and Local Efforts to Combat Transnational Repression Act. 2. Combating transnational repression (a) In general Subtitle C of title IV of the Homeland Security Act of 2002 ( 6 U.S.C. 231 et seq. ) is amended by adding at the end the following new section: 437. Strengthening State and local law enforcement efforts to combat transnational repression and related terrorism threats (a) In general The Secretary, in consultation with public and private sector stakeholders, shall in a manner consistent with the protection of privacy rights, civil rights, and civil liberties, develop, through the Federal Law Enforcement Training Centers, a training program to enhance the capabilities of State, local, Tribal, and territorial law enforcement personnel, including personnel of the National Network of Fusion Centers, to combat transnational repression and related terrorism threats. (b) Requirements The training provided pursuant to subsection (a) shall relate to the following: (1) Identifying instances of transnational repression and related terrorism threats. (2) Types of information that should be collected and recorded in information technology systems to help identify suspected perpetrators of transnational repression and related terrorism threats. (3) Identifying suspected targets or victims of transnational repression and related terrorism threats. (4) Personal safety best practices for individuals and communities that may be targets or are victims of transnational repression and related terrorism threats to prevent and mitigate transnational repression and related terrorism threats and ensure that such targets and victims are afforded prompt information about and access to victim support resources, including such resources offered by the Cybersecurity and Infrastructure Security Agency and the Office for Civil Rights and Civil Liberties, to address their immediate and long-term needs. (c) Community awareness briefings The Officer for Civil Rights and Civil Liberties shall engage with State, local, Tribal, and territorial law enforcement personnel, including personnel of the National Network of Fusion Centers, and individuals and communities that may be targets or are victims of transnational repression and related terrorism threats, including by informing such individuals and communities about how to identify transnational repression and related terrorism threats and protect against transnational repression and related terrorism threats. (d) Definitions In this section: (1) Personal safety best practices The term personal safety best practices means measures for enhancing individuals’ and communities’ physical security, situational awareness, and online security. (2) Transnational repression The term transnational repression means actions of a foreign government, or an individual or entity working on behalf or at the direction of a foreign government, involving the transgression of national borders through physical, digital, or analog means to intimidate, silence, coerce, harass, or harm individuals or communities in order to prevent their exercise of freedom of speech, expression, religion, or assembly.. (b) Research and development The Secretary of Homeland Security shall coordinate with the Under Secretary for Science and Technology of the Department of Homeland Security to— (1) carry out research and development of a technology to enhance participation rates in training offered to other State, local, Tribal, and territorial law enforcement personnel, including personnel of the National Network of Fusion Centers, for the purpose of enhancing domestic preparedness for and collective response to transnational repression and related terrorism threats and other homeland security threats; and (2) share information relating to researching and developing methods for identifying instances, suspected targets, and victims of transnational repression and related terrorism threats, and methods for collecting and recording information to help identify suspected perpetrators of transnational repression and related terrorism threats. (c) Comptroller general review Not later than two years after the date of the enactment of this Act, the Comptroller General of the United States shall submit to Congress a report on the implementation of section 437 of the Homeland Security Act of 2002, as added by subsection (a). (d) Clerical amendment The table of contents in section 1(b) of the Homeland Security Act of 2002 is amended by inserting after the item relating to section 436 the following new item: Sec. 437. Strengthening State and local law enforcement efforts to combat transnational repression and related terrorism threats.. 437. Strengthening State and local law enforcement efforts to combat transnational repression and related terrorism threats (a) In general The Secretary, in consultation with public and private sector stakeholders, shall in a manner consistent with the protection of privacy rights, civil rights, and civil liberties, develop, through the Federal Law Enforcement Training Centers, a training program to enhance the capabilities of State, local, Tribal, and territorial law enforcement personnel, including personnel of the National Network of Fusion Centers, to combat transnational repression and related terrorism threats. (b) Requirements The training provided pursuant to subsection (a) shall relate to the following: (1) Identifying instances of transnational repression and related terrorism threats. (2) Types of information that should be collected and recorded in information technology systems to help identify suspected perpetrators of transnational repression and related terrorism threats. (3) Identifying suspected targets or victims of transnational repression and related terrorism threats. (4) Personal safety best practices for individuals and communities that may be targets or are victims of transnational repression and related terrorism threats to prevent and mitigate transnational repression and related terrorism threats and ensure that such targets and victims are afforded prompt information about and access to victim support resources, including such resources offered by the Cybersecurity and Infrastructure Security Agency and the Office for Civil Rights and Civil Liberties, to address their immediate and long-term needs. (c) Community awareness briefings The Officer for Civil Rights and Civil Liberties shall engage with State, local, Tribal, and territorial law enforcement personnel, including personnel of the National Network of Fusion Centers, and individuals and communities that may be targets or are victims of transnational repression and related terrorism threats, including by informing such individuals and communities about how to identify transnational repression and related terrorism threats and protect against transnational repression and related terrorism threats. (d) Definitions In this section: (1) Personal safety best practices The term personal safety best practices means measures for enhancing individuals’ and communities’ physical security, situational awareness, and online security. (2) Transnational repression The term transnational repression means actions of a foreign government, or an individual or entity working on behalf or at the direction of a foreign government, involving the transgression of national borders through physical, digital, or analog means to intimidate, silence, coerce, harass, or harm individuals or communities in order to prevent their exercise of freedom of speech, expression, religion, or assembly.
7,671
[ "Homeland Security Committee", "Judiciary Committee" ]
118hr7184ih
118
hr
7,184
ih
To provide the Congressional Budget Office with necessary authorities to expedite the sharing of data from executive branch agencies, and for other purposes.
[ { "text": "1. Short title \nThis Act may be cited as the Congressional Budget Office Data Access Act.", "id": "H0CBDF67878A3480F9433C7C95FF4CF1D", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Conditions of Disclosure for Federal Agency Information with the Congressional Budget Office \nSubsection (b) of section 552a of title 5, United States Code (commonly known as the Privacy Act of 1974 ), is amended— (1) by redesignating paragraphs (11) and (12) as paragraphs (12) and (13), respectively; and (2) by inserting after paragraph (10) the following: (11) to the Director of the Congressional Budget Office, or any authorized representative of the Director, in the course of performance of the duties of the Congressional Budget Office;.", "id": "H53327DF6D71E46DC86B254E49F2BCEF3", "header": "Conditions of Disclosure for Federal Agency Information with the Congressional Budget Office", "nested": [], "links": [] } ]
2
1. Short title This Act may be cited as the Congressional Budget Office Data Access Act. 2. Conditions of Disclosure for Federal Agency Information with the Congressional Budget Office Subsection (b) of section 552a of title 5, United States Code (commonly known as the Privacy Act of 1974 ), is amended— (1) by redesignating paragraphs (11) and (12) as paragraphs (12) and (13), respectively; and (2) by inserting after paragraph (10) the following: (11) to the Director of the Congressional Budget Office, or any authorized representative of the Director, in the course of performance of the duties of the Congressional Budget Office;.
639
[ "Oversight and Accountability Committee" ]
118hr5830ih
118
hr
5,830
ih
To prohibit commercial DNA testing services from disclosing the genetic information of United States nationals to foreign entities, and for other purposes.
[ { "text": "1. Short title \nThis Act may be cited as the American Genetic Privacy Act of 2023.", "id": "H180B7B32DD974908A3828E02E2B15F33", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Prohibition on disclosing genetic information to China \n(a) Prohibition \nA commercial DNA testing service may not disclose the genetic information of any individual, or any aggregate of such information, to the People’s Republic of China, or to any entity under the influence, control, or ownership of the People’s Republic of China. (b) Enforcement by Federal Trade Commission \n(1) Unfair or deceptive acts or practices \nA violation of this section shall be treated as a violation of a regulation under section 18(a)(1)(B) of the Federal Trade Commission Act ( 15 U.S.C. 57a(a)(1)(B) ) regarding unfair or deceptive acts or practices. (2) Powers of Commission \nThe Federal Trade Commission shall enforce this section in the same manner, by the same means, and with the same jurisdiction, powers, and duties as though all applicable terms and provisions of the Federal Trade Commission Act ( 15 U.S.C. 41 et seq. ) were incorporated into and made part of this section. Any person who violates this section shall be subject to the penalties and entitled to the privileges and immunities provided in the Federal Trade Commission Act. (c) Definitions \nIn this section: (1) Commercial DNA testing service \nThe term commercial DNA testing service means any person that provides genealogical or ancestry-related information based on an individual’s DNA. (2) Genetic information \nThe term genetic information means, with respect to any individual, information about such individual’s genetic tests. (3) Genetic test \nThe term genetic test has the meaning given such term by section 201 of the Genetic Information Nondiscrimination Act of 2008 ( Public Law 110–233 ; 42 U.S.C. 2000ff ).", "id": "H50B97C2B59A941BFA0312B5C8486B9D5", "header": "Prohibition on disclosing genetic information to China", "nested": [ { "text": "(a) Prohibition \nA commercial DNA testing service may not disclose the genetic information of any individual, or any aggregate of such information, to the People’s Republic of China, or to any entity under the influence, control, or ownership of the People’s Republic of China.", "id": "HB08961B263C44114872F722871604510", "header": "Prohibition", "nested": [], "links": [] }, { "text": "(b) Enforcement by Federal Trade Commission \n(1) Unfair or deceptive acts or practices \nA violation of this section shall be treated as a violation of a regulation under section 18(a)(1)(B) of the Federal Trade Commission Act ( 15 U.S.C. 57a(a)(1)(B) ) regarding unfair or deceptive acts or practices. (2) Powers of Commission \nThe Federal Trade Commission shall enforce this section in the same manner, by the same means, and with the same jurisdiction, powers, and duties as though all applicable terms and provisions of the Federal Trade Commission Act ( 15 U.S.C. 41 et seq. ) were incorporated into and made part of this section. Any person who violates this section shall be subject to the penalties and entitled to the privileges and immunities provided in the Federal Trade Commission Act.", "id": "H2BFAA54857064B699CB66B9C930C29D2", "header": "Enforcement by Federal Trade Commission", "nested": [], "links": [ { "text": "15 U.S.C. 57a(a)(1)(B)", "legal-doc": "usc", "parsable-cite": "usc/15/57a" }, { "text": "15 U.S.C. 41 et seq.", "legal-doc": "usc", "parsable-cite": "usc/15/41" } ] }, { "text": "(c) Definitions \nIn this section: (1) Commercial DNA testing service \nThe term commercial DNA testing service means any person that provides genealogical or ancestry-related information based on an individual’s DNA. (2) Genetic information \nThe term genetic information means, with respect to any individual, information about such individual’s genetic tests. (3) Genetic test \nThe term genetic test has the meaning given such term by section 201 of the Genetic Information Nondiscrimination Act of 2008 ( Public Law 110–233 ; 42 U.S.C. 2000ff ).", "id": "H860144BA2A9844938DE08A0A17F6D275", "header": "Definitions", "nested": [], "links": [ { "text": "Public Law 110–233", "legal-doc": "public-law", "parsable-cite": "pl/110/233" }, { "text": "42 U.S.C. 2000ff", "legal-doc": "usc", "parsable-cite": "usc/42/2000ff" } ] } ], "links": [ { "text": "15 U.S.C. 57a(a)(1)(B)", "legal-doc": "usc", "parsable-cite": "usc/15/57a" }, { "text": "15 U.S.C. 41 et seq.", "legal-doc": "usc", "parsable-cite": "usc/15/41" }, { "text": "Public Law 110–233", "legal-doc": "public-law", "parsable-cite": "pl/110/233" }, { "text": "42 U.S.C. 2000ff", "legal-doc": "usc", "parsable-cite": "usc/42/2000ff" } ] } ]
2
1. Short title This Act may be cited as the American Genetic Privacy Act of 2023. 2. Prohibition on disclosing genetic information to China (a) Prohibition A commercial DNA testing service may not disclose the genetic information of any individual, or any aggregate of such information, to the People’s Republic of China, or to any entity under the influence, control, or ownership of the People’s Republic of China. (b) Enforcement by Federal Trade Commission (1) Unfair or deceptive acts or practices A violation of this section shall be treated as a violation of a regulation under section 18(a)(1)(B) of the Federal Trade Commission Act ( 15 U.S.C. 57a(a)(1)(B) ) regarding unfair or deceptive acts or practices. (2) Powers of Commission The Federal Trade Commission shall enforce this section in the same manner, by the same means, and with the same jurisdiction, powers, and duties as though all applicable terms and provisions of the Federal Trade Commission Act ( 15 U.S.C. 41 et seq. ) were incorporated into and made part of this section. Any person who violates this section shall be subject to the penalties and entitled to the privileges and immunities provided in the Federal Trade Commission Act. (c) Definitions In this section: (1) Commercial DNA testing service The term commercial DNA testing service means any person that provides genealogical or ancestry-related information based on an individual’s DNA. (2) Genetic information The term genetic information means, with respect to any individual, information about such individual’s genetic tests. (3) Genetic test The term genetic test has the meaning given such term by section 201 of the Genetic Information Nondiscrimination Act of 2008 ( Public Law 110–233 ; 42 U.S.C. 2000ff ).
1,764
[ "Energy and Commerce Committee" ]
118hr6722ih
118
hr
6,722
ih
To amend the Fair Labor Standards Act of 1938 to provide for a Federal, cost-of-living based minimum wage, and for other purposes.
[ { "text": "1. Short title \nThis Act may be cited as the Fair Wage Act of 2023.", "id": "H68A08E5C54F1441DB0219975FC908499", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Cost-of-living based minimum wage \n(a) In general \nSection 6(a)(1) of the Fair Labor Standards Act of 1938 ( 29 U.S.C. 206(a)(1) ) is amended to read as follows: (1) except as otherwise provided in this section, not less than the amount determined by the Secretary under subsection (h) for the metropolitan statistical area or the nonmetropolitan portion in which the employer resides;. (b) Determination of regional minimum wage \nSection 6 of the Fair Labor Standards Act of 1938 ( 29 U.S.C. 206 ) is amended by adding at the end the following: (h) Determination of minimum wage \n(1) (A) On the effective date of the Fair Wage Act of 2023 , the wage determined under this paragraph for a metropolitan statistical area or nonmetropolitan portion shall be equal to the result obtained— (i) by multiplying— (I) 40 percent of the national average hourly wage of private sector, non-supervisory workers (as reported by the Bureau of Labor Statistics of the Department of Labor for the most recent month for which data are available); by (II) the adjustment percentage specified in paragraph (2) for the area or portion; and (ii) by rounding the result obtained under clause (i) to the nearest tenth of a dollar. (B) Not later than 1 year after such effective date, subparagraph (A)(i)(I) shall be applied by substituting 45 percent for 40 percent. (C) Not later than 2 years after such effective date, subparagraph (A)(i)(I) shall be applied by substituting 50 percent for 40 percent. (D) Not later than 5 years after such effective date, and for each 3-year period thereafter, the wage determined under this paragraph for a metropolitan statistical area or nonmetropolitan portion shall be equal to the greater of— (i) the result obtained under subparagraph (C); or (ii) the wage determined under this paragraph for such area or portion for the preceding three-year period. (2) The adjustment percentage specified in this paragraph for a metropolitan statistical area or nonmetropolitan portion shall be— (A) 87.5 percent, for a metropolitan statistical area or nonmetropolitan portion with a regional price parity of less than 90; (B) 92.5 percent, for a metropolitan statistical area or nonmetropolitan portion with a regional price parity of less than 95, but not less than 90; (C) 100 percent, for a metropolitan statistical area or nonmetropolitan portion with a regional price parity of less than 105, but not less than 95; (D) 107.5 percent, for a metropolitan statistical area or nonmetropolitan portion with a regional price parity of less than 110, but not less than 105; and (E) 115 percent, for a metropolitan statistical area or nonmetropolitan portion with a regional price parity of not less than 110. (3) In this subsection: (A) The term metropolitan statistical area means a geographic area, defined by the Office of Management and Budget for statistical purposes, containing a large population nucleus and adjacent communities having a high degree of social and economic integration with that nucleus. (B) The term nonmetropolitan portion means any county (or portion thereof) which is not within a metropolitan statistical area. All nonmetropolitan portions of a State shall be treated, in aggregate, as a single nonmetropolitan portion for the State. (C) The term regional price parity means the regional price parity for a metropolitan statistical area or nonmetropolitan portion determined by the Bureau of Economic Analysis of the Department of Commerce for the most recent year for which data are available. In determining regional price parities for purposes of this subsection, the Bureau of Economic Analysis shall use the same methodology used to determine such parities for the most recent year for which such parities were reported by the Bureau before the date of the enactment of this subsection..", "id": "H21F7D04A004D47258A6631DDAA7C6064", "header": "Cost-of-living based minimum wage", "nested": [ { "text": "(a) In general \nSection 6(a)(1) of the Fair Labor Standards Act of 1938 ( 29 U.S.C. 206(a)(1) ) is amended to read as follows: (1) except as otherwise provided in this section, not less than the amount determined by the Secretary under subsection (h) for the metropolitan statistical area or the nonmetropolitan portion in which the employer resides;.", "id": "HEC0D79FCB2F34FFA94F86AE9D5D11C8A", "header": "In general", "nested": [], "links": [ { "text": "29 U.S.C. 206(a)(1)", "legal-doc": "usc", "parsable-cite": "usc/29/206" } ] }, { "text": "(b) Determination of regional minimum wage \nSection 6 of the Fair Labor Standards Act of 1938 ( 29 U.S.C. 206 ) is amended by adding at the end the following: (h) Determination of minimum wage \n(1) (A) On the effective date of the Fair Wage Act of 2023 , the wage determined under this paragraph for a metropolitan statistical area or nonmetropolitan portion shall be equal to the result obtained— (i) by multiplying— (I) 40 percent of the national average hourly wage of private sector, non-supervisory workers (as reported by the Bureau of Labor Statistics of the Department of Labor for the most recent month for which data are available); by (II) the adjustment percentage specified in paragraph (2) for the area or portion; and (ii) by rounding the result obtained under clause (i) to the nearest tenth of a dollar. (B) Not later than 1 year after such effective date, subparagraph (A)(i)(I) shall be applied by substituting 45 percent for 40 percent. (C) Not later than 2 years after such effective date, subparagraph (A)(i)(I) shall be applied by substituting 50 percent for 40 percent. (D) Not later than 5 years after such effective date, and for each 3-year period thereafter, the wage determined under this paragraph for a metropolitan statistical area or nonmetropolitan portion shall be equal to the greater of— (i) the result obtained under subparagraph (C); or (ii) the wage determined under this paragraph for such area or portion for the preceding three-year period. (2) The adjustment percentage specified in this paragraph for a metropolitan statistical area or nonmetropolitan portion shall be— (A) 87.5 percent, for a metropolitan statistical area or nonmetropolitan portion with a regional price parity of less than 90; (B) 92.5 percent, for a metropolitan statistical area or nonmetropolitan portion with a regional price parity of less than 95, but not less than 90; (C) 100 percent, for a metropolitan statistical area or nonmetropolitan portion with a regional price parity of less than 105, but not less than 95; (D) 107.5 percent, for a metropolitan statistical area or nonmetropolitan portion with a regional price parity of less than 110, but not less than 105; and (E) 115 percent, for a metropolitan statistical area or nonmetropolitan portion with a regional price parity of not less than 110. (3) In this subsection: (A) The term metropolitan statistical area means a geographic area, defined by the Office of Management and Budget for statistical purposes, containing a large population nucleus and adjacent communities having a high degree of social and economic integration with that nucleus. (B) The term nonmetropolitan portion means any county (or portion thereof) which is not within a metropolitan statistical area. All nonmetropolitan portions of a State shall be treated, in aggregate, as a single nonmetropolitan portion for the State. (C) The term regional price parity means the regional price parity for a metropolitan statistical area or nonmetropolitan portion determined by the Bureau of Economic Analysis of the Department of Commerce for the most recent year for which data are available. In determining regional price parities for purposes of this subsection, the Bureau of Economic Analysis shall use the same methodology used to determine such parities for the most recent year for which such parities were reported by the Bureau before the date of the enactment of this subsection..", "id": "HD4103862FFF84808BE34565075F10643", "header": "Determination of regional minimum wage", "nested": [], "links": [ { "text": "29 U.S.C. 206", "legal-doc": "usc", "parsable-cite": "usc/29/206" } ] } ], "links": [ { "text": "29 U.S.C. 206(a)(1)", "legal-doc": "usc", "parsable-cite": "usc/29/206" }, { "text": "29 U.S.C. 206", "legal-doc": "usc", "parsable-cite": "usc/29/206" } ] }, { "text": "3. Minimum cash wage for tipped employees \nClause (i) of section 3(m)(2)(A) of the Fair Labor Standards Act of 1938 ( 29 U.S.C. 203(m)(2)(A) ) is amended by striking the cash wage required to be paid such an employee on the date of the enactment of this paragraph and inserting an amount equal to 30 percent of the wage determined under section 6(a)(1) for the metropolitan statistical area or the nonmetropolitan portion in which the employer resides.", "id": "HB048F0B5A50C472F9359CC3760D118F6", "header": "Minimum cash wage for tipped employees", "nested": [], "links": [ { "text": "29 U.S.C. 203(m)(2)(A)", "legal-doc": "usc", "parsable-cite": "usc/29/203" } ] }, { "text": "4. Minimum wage for newly hired employees who are 18 years old or younger \nSection 6(g) of the Fair Labor Standards Act of 1938 ( 29 U.S.C. 206(g) ) is amended— (1) in paragraph (1), by striking a wage which is not less than $4.25 an hour and inserting a wage which is not less than 2/3 of the wage determined under subsection (a)(1) for the metropolitan statistical area or the nonmetropolitan portion in which the employer resides ; and (2) in paragraph (5)— (A) by striking has not attained the age of 20 years and inserting is the age of 18 years or younger ; and (B) by striking 25 years and inserting 24 years or younger.", "id": "HFC7878BCA5124BE7A7A0BDE63D0F04D4", "header": "Minimum wage for newly hired employees who are 18 years old or younger", "nested": [], "links": [ { "text": "29 U.S.C. 206(g)", "legal-doc": "usc", "parsable-cite": "usc/29/206" } ] }, { "text": "5. Effective date \nThe amendments and repeals made by this Act shall take effect on the first day of the third month that begins after the date of the enactment of this Act.", "id": "H96A6685868CE4C5ABC7CDD40B9A32B69", "header": "Effective date", "nested": [], "links": [] } ]
5
1. Short title This Act may be cited as the Fair Wage Act of 2023. 2. Cost-of-living based minimum wage (a) In general Section 6(a)(1) of the Fair Labor Standards Act of 1938 ( 29 U.S.C. 206(a)(1) ) is amended to read as follows: (1) except as otherwise provided in this section, not less than the amount determined by the Secretary under subsection (h) for the metropolitan statistical area or the nonmetropolitan portion in which the employer resides;. (b) Determination of regional minimum wage Section 6 of the Fair Labor Standards Act of 1938 ( 29 U.S.C. 206 ) is amended by adding at the end the following: (h) Determination of minimum wage (1) (A) On the effective date of the Fair Wage Act of 2023 , the wage determined under this paragraph for a metropolitan statistical area or nonmetropolitan portion shall be equal to the result obtained— (i) by multiplying— (I) 40 percent of the national average hourly wage of private sector, non-supervisory workers (as reported by the Bureau of Labor Statistics of the Department of Labor for the most recent month for which data are available); by (II) the adjustment percentage specified in paragraph (2) for the area or portion; and (ii) by rounding the result obtained under clause (i) to the nearest tenth of a dollar. (B) Not later than 1 year after such effective date, subparagraph (A)(i)(I) shall be applied by substituting 45 percent for 40 percent. (C) Not later than 2 years after such effective date, subparagraph (A)(i)(I) shall be applied by substituting 50 percent for 40 percent. (D) Not later than 5 years after such effective date, and for each 3-year period thereafter, the wage determined under this paragraph for a metropolitan statistical area or nonmetropolitan portion shall be equal to the greater of— (i) the result obtained under subparagraph (C); or (ii) the wage determined under this paragraph for such area or portion for the preceding three-year period. (2) The adjustment percentage specified in this paragraph for a metropolitan statistical area or nonmetropolitan portion shall be— (A) 87.5 percent, for a metropolitan statistical area or nonmetropolitan portion with a regional price parity of less than 90; (B) 92.5 percent, for a metropolitan statistical area or nonmetropolitan portion with a regional price parity of less than 95, but not less than 90; (C) 100 percent, for a metropolitan statistical area or nonmetropolitan portion with a regional price parity of less than 105, but not less than 95; (D) 107.5 percent, for a metropolitan statistical area or nonmetropolitan portion with a regional price parity of less than 110, but not less than 105; and (E) 115 percent, for a metropolitan statistical area or nonmetropolitan portion with a regional price parity of not less than 110. (3) In this subsection: (A) The term metropolitan statistical area means a geographic area, defined by the Office of Management and Budget for statistical purposes, containing a large population nucleus and adjacent communities having a high degree of social and economic integration with that nucleus. (B) The term nonmetropolitan portion means any county (or portion thereof) which is not within a metropolitan statistical area. All nonmetropolitan portions of a State shall be treated, in aggregate, as a single nonmetropolitan portion for the State. (C) The term regional price parity means the regional price parity for a metropolitan statistical area or nonmetropolitan portion determined by the Bureau of Economic Analysis of the Department of Commerce for the most recent year for which data are available. In determining regional price parities for purposes of this subsection, the Bureau of Economic Analysis shall use the same methodology used to determine such parities for the most recent year for which such parities were reported by the Bureau before the date of the enactment of this subsection.. 3. Minimum cash wage for tipped employees Clause (i) of section 3(m)(2)(A) of the Fair Labor Standards Act of 1938 ( 29 U.S.C. 203(m)(2)(A) ) is amended by striking the cash wage required to be paid such an employee on the date of the enactment of this paragraph and inserting an amount equal to 30 percent of the wage determined under section 6(a)(1) for the metropolitan statistical area or the nonmetropolitan portion in which the employer resides. 4. Minimum wage for newly hired employees who are 18 years old or younger Section 6(g) of the Fair Labor Standards Act of 1938 ( 29 U.S.C. 206(g) ) is amended— (1) in paragraph (1), by striking a wage which is not less than $4.25 an hour and inserting a wage which is not less than 2/3 of the wage determined under subsection (a)(1) for the metropolitan statistical area or the nonmetropolitan portion in which the employer resides ; and (2) in paragraph (5)— (A) by striking has not attained the age of 20 years and inserting is the age of 18 years or younger ; and (B) by striking 25 years and inserting 24 years or younger. 5. Effective date The amendments and repeals made by this Act shall take effect on the first day of the third month that begins after the date of the enactment of this Act.
5,152
[ "Education and the Workforce Committee" ]
118hr3000ih
118
hr
3,000
ih
To amend the Internal Revenue Code of 1986 to expand the exclusion of Pell Grants from gross income, and for other purposes.
[ { "text": "1. Short title \nThis Act may be cited as the Tax-Free Pell Grant Act.", "id": "HECE1D88FEE38499F8AF36FF7868A073B", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Expansion of Pell Grant exclusion from gross income \n(a) In general \nParagraph section 117(b)(1) of the Internal Revenue Code of 1986 is amended by striking received by an individual and all that follows and inserting received by an individual— (A) as a scholarship or fellowship grant to the extent the individual establishes that, in accordance with the conditions of the grant, such amount was used for qualified tuition and related expenses, or (B) as a Federal Pell Grant under section 401 of the Higher Education Act of 1965 (as in effect on the date of the enactment of the Tax-Free Pell Grant Act ).. (b) No adjustment under American Opportunity and Lifetime Learning Credits \nSection 25A(g)(2)(A) of such Code is amended by striking a qualified scholarship which and inserting a qualified scholarship which is described in section 117(b)(1)(A) and which. (c) Effective date \nThe amendments made by this section shall apply to taxable years beginning after December 31, 2022.", "id": "HCD0FDF210E464812A0BA03DA5A3D05F5", "header": "Expansion of Pell Grant exclusion from gross income", "nested": [ { "text": "(a) In general \nParagraph section 117(b)(1) of the Internal Revenue Code of 1986 is amended by striking received by an individual and all that follows and inserting received by an individual— (A) as a scholarship or fellowship grant to the extent the individual establishes that, in accordance with the conditions of the grant, such amount was used for qualified tuition and related expenses, or (B) as a Federal Pell Grant under section 401 of the Higher Education Act of 1965 (as in effect on the date of the enactment of the Tax-Free Pell Grant Act )..", "id": "HA6DF5F560BE741B78B779BAC88D63CAF", "header": "In general", "nested": [], "links": [ { "text": "section 117(b)(1)", "legal-doc": "usc", "parsable-cite": "usc/26/117" } ] }, { "text": "(b) No adjustment under American Opportunity and Lifetime Learning Credits \nSection 25A(g)(2)(A) of such Code is amended by striking a qualified scholarship which and inserting a qualified scholarship which is described in section 117(b)(1)(A) and which.", "id": "H73E626EB54D54AA0A4724532D5DC17B3", "header": "No adjustment under American Opportunity and Lifetime Learning Credits", "nested": [], "links": [] }, { "text": "(c) Effective date \nThe amendments made by this section shall apply to taxable years beginning after December 31, 2022.", "id": "H507113E428AE487597F933CFE71DCBB1", "header": "Effective date", "nested": [], "links": [] } ], "links": [ { "text": "section 117(b)(1)", "legal-doc": "usc", "parsable-cite": "usc/26/117" } ] }, { "text": "3. Expansion of American Opportunity and Lifetime Learning Credits \n(a) In general \nSection 25A of the Internal Revenue Code of 1986 is amended— (1) in subsection (f)(1)— (A) in subparagraph (A), by striking tuition and fees inserting tuition, fees, computer or peripheral equipment, child and dependent care expenses, and course materials , (B) by striking subparagraph (D), and (C) by adding at the end the following new subparagraphs: (D) Child and dependent care expenses \nFor purposes of this paragraph— (i) In general \nThe term child and dependent care expenses means amounts paid for the following expenses, but only if such expenses are incurred to enable the taxpayer to be enrolled in an eligible educational institution for any period for which there are 1 or more qualifying individuals with respect to the taxpayer: (I) expenses for household services, and (II) expenses for the care of a qualifying individual. Such term shall not include any amount paid for services outside the taxpayer’s household at a camp where the qualifying individual stays overnight. (ii) Qualifying individual \nThe term qualifying individual has the meaning given such term in section 21(b)(1). (iii) Exception, dependent care centers \nRules similar to the rules of subparagraphs (B), (C), and (D) of section 21(b)(2) shall apply, except the term child and dependent care expenses shall be substituted for the term employment-related expenses each place it appears in such subparagraphs. (E) Child and dependent care expenses only qualified expenses when claimed by eligible student \nAmounts paid for an expense described in subparagraph (E) may not be taken into account under this paragraph for a taxable year unless required for the enrollment or attendance of an individual described in subparagraph (A)(i) or subparagraph (A)(ii). (F) Computer or peripheral equipment \n(i) Defined \nFor purposes of this paragraph, the term computer or peripheral equipment means expenses for the purchase of computer or peripheral equipment (as defined in section 168(i)(2)(B), computer software (as defined in section 197(e)(3)(B))), or internet access and related services, if such equipment, software, or services are to be used primarily by the individual during any of the years the individual is enrolled at an eligible educational institution. (ii) Dollar limit on amount creditable \nThe aggregate of the amounts paid or expenses incurred for computer or peripheral equipment which may be taken into account under this paragraph for a taxable year by the taxpayer shall not exceed $1,000. , and (2) in subsection (g)(5)— (A) in the heading, by adding or credit at the end, and (B) by inserting or credit after a deduction. (b) Effective date \nThe amendments made by this section shall apply to taxable years beginning after December 31, 2022.", "id": "HB8203E363ACD48C49B9F0B08A90F2FD2", "header": "Expansion of American Opportunity and Lifetime Learning Credits", "nested": [ { "text": "(a) In general \nSection 25A of the Internal Revenue Code of 1986 is amended— (1) in subsection (f)(1)— (A) in subparagraph (A), by striking tuition and fees inserting tuition, fees, computer or peripheral equipment, child and dependent care expenses, and course materials , (B) by striking subparagraph (D), and (C) by adding at the end the following new subparagraphs: (D) Child and dependent care expenses \nFor purposes of this paragraph— (i) In general \nThe term child and dependent care expenses means amounts paid for the following expenses, but only if such expenses are incurred to enable the taxpayer to be enrolled in an eligible educational institution for any period for which there are 1 or more qualifying individuals with respect to the taxpayer: (I) expenses for household services, and (II) expenses for the care of a qualifying individual. Such term shall not include any amount paid for services outside the taxpayer’s household at a camp where the qualifying individual stays overnight. (ii) Qualifying individual \nThe term qualifying individual has the meaning given such term in section 21(b)(1). (iii) Exception, dependent care centers \nRules similar to the rules of subparagraphs (B), (C), and (D) of section 21(b)(2) shall apply, except the term child and dependent care expenses shall be substituted for the term employment-related expenses each place it appears in such subparagraphs. (E) Child and dependent care expenses only qualified expenses when claimed by eligible student \nAmounts paid for an expense described in subparagraph (E) may not be taken into account under this paragraph for a taxable year unless required for the enrollment or attendance of an individual described in subparagraph (A)(i) or subparagraph (A)(ii). (F) Computer or peripheral equipment \n(i) Defined \nFor purposes of this paragraph, the term computer or peripheral equipment means expenses for the purchase of computer or peripheral equipment (as defined in section 168(i)(2)(B), computer software (as defined in section 197(e)(3)(B))), or internet access and related services, if such equipment, software, or services are to be used primarily by the individual during any of the years the individual is enrolled at an eligible educational institution. (ii) Dollar limit on amount creditable \nThe aggregate of the amounts paid or expenses incurred for computer or peripheral equipment which may be taken into account under this paragraph for a taxable year by the taxpayer shall not exceed $1,000. , and (2) in subsection (g)(5)— (A) in the heading, by adding or credit at the end, and (B) by inserting or credit after a deduction.", "id": "HDE267709D0DA43FBB471B3FA56E5C48F", "header": "In general", "nested": [], "links": [ { "text": "Section 25A", "legal-doc": "usc", "parsable-cite": "usc/26/25A" } ] }, { "text": "(b) Effective date \nThe amendments made by this section shall apply to taxable years beginning after December 31, 2022.", "id": "HCE5DD2FC72E3412984CEAD31D2672687", "header": "Effective date", "nested": [], "links": [] } ], "links": [ { "text": "Section 25A", "legal-doc": "usc", "parsable-cite": "usc/26/25A" } ] } ]
3
1. Short title This Act may be cited as the Tax-Free Pell Grant Act. 2. Expansion of Pell Grant exclusion from gross income (a) In general Paragraph section 117(b)(1) of the Internal Revenue Code of 1986 is amended by striking received by an individual and all that follows and inserting received by an individual— (A) as a scholarship or fellowship grant to the extent the individual establishes that, in accordance with the conditions of the grant, such amount was used for qualified tuition and related expenses, or (B) as a Federal Pell Grant under section 401 of the Higher Education Act of 1965 (as in effect on the date of the enactment of the Tax-Free Pell Grant Act ).. (b) No adjustment under American Opportunity and Lifetime Learning Credits Section 25A(g)(2)(A) of such Code is amended by striking a qualified scholarship which and inserting a qualified scholarship which is described in section 117(b)(1)(A) and which. (c) Effective date The amendments made by this section shall apply to taxable years beginning after December 31, 2022. 3. Expansion of American Opportunity and Lifetime Learning Credits (a) In general Section 25A of the Internal Revenue Code of 1986 is amended— (1) in subsection (f)(1)— (A) in subparagraph (A), by striking tuition and fees inserting tuition, fees, computer or peripheral equipment, child and dependent care expenses, and course materials , (B) by striking subparagraph (D), and (C) by adding at the end the following new subparagraphs: (D) Child and dependent care expenses For purposes of this paragraph— (i) In general The term child and dependent care expenses means amounts paid for the following expenses, but only if such expenses are incurred to enable the taxpayer to be enrolled in an eligible educational institution for any period for which there are 1 or more qualifying individuals with respect to the taxpayer: (I) expenses for household services, and (II) expenses for the care of a qualifying individual. Such term shall not include any amount paid for services outside the taxpayer’s household at a camp where the qualifying individual stays overnight. (ii) Qualifying individual The term qualifying individual has the meaning given such term in section 21(b)(1). (iii) Exception, dependent care centers Rules similar to the rules of subparagraphs (B), (C), and (D) of section 21(b)(2) shall apply, except the term child and dependent care expenses shall be substituted for the term employment-related expenses each place it appears in such subparagraphs. (E) Child and dependent care expenses only qualified expenses when claimed by eligible student Amounts paid for an expense described in subparagraph (E) may not be taken into account under this paragraph for a taxable year unless required for the enrollment or attendance of an individual described in subparagraph (A)(i) or subparagraph (A)(ii). (F) Computer or peripheral equipment (i) Defined For purposes of this paragraph, the term computer or peripheral equipment means expenses for the purchase of computer or peripheral equipment (as defined in section 168(i)(2)(B), computer software (as defined in section 197(e)(3)(B))), or internet access and related services, if such equipment, software, or services are to be used primarily by the individual during any of the years the individual is enrolled at an eligible educational institution. (ii) Dollar limit on amount creditable The aggregate of the amounts paid or expenses incurred for computer or peripheral equipment which may be taken into account under this paragraph for a taxable year by the taxpayer shall not exceed $1,000. , and (2) in subsection (g)(5)— (A) in the heading, by adding or credit at the end, and (B) by inserting or credit after a deduction. (b) Effective date The amendments made by this section shall apply to taxable years beginning after December 31, 2022.
3,885
[ "Ways and Means Committee" ]
118hr4536ih
118
hr
4,536
ih
To oppose the permitting of deep seabed mining and exploration for deep seabed mining, and for other purposes.
[ { "text": "1. Opposition to permitting of deep seabed mining and exploration for deep seabed mining \n(a) Findings \nCongress finds the following: (1) As determined by the United Nations, most recently in its Sustainable Development Goals report, our world’s oceans are at great risk from a number of factors, including atmospheric change, resource extraction and pollution; (2) The United Nation’s 2030 Agenda for Sustainable Development, launched by the 2015 UN Summit in New York established Sustainable Development Goal 14 (SDS 14), to conserve and sustainably use the oceans, seas and marine resources. Target 2 of SDS 14 commits States to sustainably manage marine ecosystems to avoid significant adverse impacts and strengthen their resilience. (3) The international marine scientific and policy consensus is that deep seabed mining presents a major risk to the marine environment, including: the direct loss of unique and ecologically important species; large sediment plumes that will negatively affect ecosystems well beyond the actual mining sites; noise pollution that will cause physiological and behavioral stress to marine species; likely contamination of commercially important species of food fish; and likely negative impacts on carbon sequestration dynamics and deep-ocean carbon storage. (4) The United Nations Convention on Biological Diversity, 15th Conference of Parties, Decision 15/24 encourages member States to ensure that, before deep seabed mineral exploitation is permitted, the related impacts on the marine environment and biodiversity are sufficiently researched and the risks to the marine ecosystem are sufficiently understood, and sufficient regulation and conditions be imposed to ensure that exploitation does not cause harmful effects to the marine environment and biodiversity. (5) The 2022 United Nations Environment Programme Financial Initiative report on deep seabed mining states that the financing of such activities is not consistent with Sustainable Blue Economy Finance Principles. (6) There is currently insufficient scientific information on the deep sea and related marine ecosystems to fully and accurately assess the full risks and impacts of deep seabed mining activities. (b) Sense of congress \nIt is the sense of Congress that— (1) no deep seabed mining should occur in the international seabed area unless and until adoption by the International Seabed Authority of a full and binding regulatory framework in accordance with the United Nations Convention on the Law of the Sea, in particular Article 145 of the Convention; (2) there is currently insufficient scientific understanding of, and an absence of consensus on, the extent of the risks and impacts of deep seabed mining on ocean and related ecosystems; (3) a regulatory framework should only be adopted by the International Seabed Authority on the basis of a comprehensive scientific understanding of, and consensus on, the potential risks and impacts of deep seabed mining on ocean ecosystems and communities and activities reliant on ocean ecosystems, including fisheries, indigenous peoples and coastal communities; (4) such a comprehensive scientific understanding and consensus should only be developed on the basis of sufficient scientific baseline information on the full impacts of deep seabed mining on marine and related ecosystems; and (5) no deep seabed mining should be permitted in the international seabed area unless it is conducted in a manner and under a clear and enforceable regulatory framework that effectively protects the marine environment from harmful effects, does not pose a risk to communities reliant on ocean ecosystems and prevents damage to the flora and fauna of the marine environment consistent with the obligations in Article 145 of the United Nations Convention on the Law of the Sea and relevant global commitments for the conservation and sustainable use of the marine environment. (c) In general \nThe President shall, until such time as the President submits to the appropriate congressional committees a certification described in subsection (d) and a report described in subsection (e), direct the United States representative to each relevant international organization to which the United States is a member or observer to take such actions as may be necessary to use the voice, vote, and influence of the United States in such organization to— (1) call for a moratorium on the permitting of deep seabed mining and exploration for deep seabed mining; and (3) oppose investments in or other financing or support of deep seabed mining and exploration for deep seabed mining. (d) Certification \nA certification described in this subsection is a certification that— (1) deep seabed mining regulations have been promulgated by the International Seabed Authority; and (2) such regulations— (A) are informed by the scientific consensus on impacts to ocean ecosystems; and (B) will ensure the effective protection of the marine environment from the harmful effects of deep seabed mining. (e) Report \nA report described in this subsection is a report that includes the following: (1) The details of the deep seabed mining regulations promulgated by the International Seabed Authority as described in subsection (d). (2) The scientific consensus on the risks and impacts of such regulations on ocean ecosystems and communities reliant on ocean ecosystems. (3) The methods by which such regulations ensure the effective protection of the marine environment from harmful effects of deep seabed mining pursuant to subsection (b)(4).", "id": "H465E3798E8864142A07AE48331645E66", "header": "Opposition to permitting of deep seabed mining and exploration for deep seabed mining", "nested": [ { "text": "(a) Findings \nCongress finds the following: (1) As determined by the United Nations, most recently in its Sustainable Development Goals report, our world’s oceans are at great risk from a number of factors, including atmospheric change, resource extraction and pollution; (2) The United Nation’s 2030 Agenda for Sustainable Development, launched by the 2015 UN Summit in New York established Sustainable Development Goal 14 (SDS 14), to conserve and sustainably use the oceans, seas and marine resources. Target 2 of SDS 14 commits States to sustainably manage marine ecosystems to avoid significant adverse impacts and strengthen their resilience. (3) The international marine scientific and policy consensus is that deep seabed mining presents a major risk to the marine environment, including: the direct loss of unique and ecologically important species; large sediment plumes that will negatively affect ecosystems well beyond the actual mining sites; noise pollution that will cause physiological and behavioral stress to marine species; likely contamination of commercially important species of food fish; and likely negative impacts on carbon sequestration dynamics and deep-ocean carbon storage. (4) The United Nations Convention on Biological Diversity, 15th Conference of Parties, Decision 15/24 encourages member States to ensure that, before deep seabed mineral exploitation is permitted, the related impacts on the marine environment and biodiversity are sufficiently researched and the risks to the marine ecosystem are sufficiently understood, and sufficient regulation and conditions be imposed to ensure that exploitation does not cause harmful effects to the marine environment and biodiversity. (5) The 2022 United Nations Environment Programme Financial Initiative report on deep seabed mining states that the financing of such activities is not consistent with Sustainable Blue Economy Finance Principles. (6) There is currently insufficient scientific information on the deep sea and related marine ecosystems to fully and accurately assess the full risks and impacts of deep seabed mining activities.", "id": "HC7564817AFB645728AA7D66A8A48F373", "header": "Findings", "nested": [], "links": [] }, { "text": "(b) Sense of congress \nIt is the sense of Congress that— (1) no deep seabed mining should occur in the international seabed area unless and until adoption by the International Seabed Authority of a full and binding regulatory framework in accordance with the United Nations Convention on the Law of the Sea, in particular Article 145 of the Convention; (2) there is currently insufficient scientific understanding of, and an absence of consensus on, the extent of the risks and impacts of deep seabed mining on ocean and related ecosystems; (3) a regulatory framework should only be adopted by the International Seabed Authority on the basis of a comprehensive scientific understanding of, and consensus on, the potential risks and impacts of deep seabed mining on ocean ecosystems and communities and activities reliant on ocean ecosystems, including fisheries, indigenous peoples and coastal communities; (4) such a comprehensive scientific understanding and consensus should only be developed on the basis of sufficient scientific baseline information on the full impacts of deep seabed mining on marine and related ecosystems; and (5) no deep seabed mining should be permitted in the international seabed area unless it is conducted in a manner and under a clear and enforceable regulatory framework that effectively protects the marine environment from harmful effects, does not pose a risk to communities reliant on ocean ecosystems and prevents damage to the flora and fauna of the marine environment consistent with the obligations in Article 145 of the United Nations Convention on the Law of the Sea and relevant global commitments for the conservation and sustainable use of the marine environment.", "id": "H7DB92D46482049D192FDDCE5039CDB72", "header": "Sense of congress", "nested": [], "links": [] }, { "text": "(c) In general \nThe President shall, until such time as the President submits to the appropriate congressional committees a certification described in subsection (d) and a report described in subsection (e), direct the United States representative to each relevant international organization to which the United States is a member or observer to take such actions as may be necessary to use the voice, vote, and influence of the United States in such organization to— (1) call for a moratorium on the permitting of deep seabed mining and exploration for deep seabed mining; and (3) oppose investments in or other financing or support of deep seabed mining and exploration for deep seabed mining.", "id": "HF5C995E0CE0A44CDA42E9F32ECEF7872", "header": "In general", "nested": [], "links": [] }, { "text": "(d) Certification \nA certification described in this subsection is a certification that— (1) deep seabed mining regulations have been promulgated by the International Seabed Authority; and (2) such regulations— (A) are informed by the scientific consensus on impacts to ocean ecosystems; and (B) will ensure the effective protection of the marine environment from the harmful effects of deep seabed mining.", "id": "H9A20C5924977490CA237A971AFF7ABE1", "header": "Certification", "nested": [], "links": [] }, { "text": "(e) Report \nA report described in this subsection is a report that includes the following: (1) The details of the deep seabed mining regulations promulgated by the International Seabed Authority as described in subsection (d). (2) The scientific consensus on the risks and impacts of such regulations on ocean ecosystems and communities reliant on ocean ecosystems. (3) The methods by which such regulations ensure the effective protection of the marine environment from harmful effects of deep seabed mining pursuant to subsection (b)(4).", "id": "H31B7CF8DEA9E4B62BAD37C397E015C27", "header": "Report", "nested": [], "links": [] } ], "links": [] } ]
1
1. Opposition to permitting of deep seabed mining and exploration for deep seabed mining (a) Findings Congress finds the following: (1) As determined by the United Nations, most recently in its Sustainable Development Goals report, our world’s oceans are at great risk from a number of factors, including atmospheric change, resource extraction and pollution; (2) The United Nation’s 2030 Agenda for Sustainable Development, launched by the 2015 UN Summit in New York established Sustainable Development Goal 14 (SDS 14), to conserve and sustainably use the oceans, seas and marine resources. Target 2 of SDS 14 commits States to sustainably manage marine ecosystems to avoid significant adverse impacts and strengthen their resilience. (3) The international marine scientific and policy consensus is that deep seabed mining presents a major risk to the marine environment, including: the direct loss of unique and ecologically important species; large sediment plumes that will negatively affect ecosystems well beyond the actual mining sites; noise pollution that will cause physiological and behavioral stress to marine species; likely contamination of commercially important species of food fish; and likely negative impacts on carbon sequestration dynamics and deep-ocean carbon storage. (4) The United Nations Convention on Biological Diversity, 15th Conference of Parties, Decision 15/24 encourages member States to ensure that, before deep seabed mineral exploitation is permitted, the related impacts on the marine environment and biodiversity are sufficiently researched and the risks to the marine ecosystem are sufficiently understood, and sufficient regulation and conditions be imposed to ensure that exploitation does not cause harmful effects to the marine environment and biodiversity. (5) The 2022 United Nations Environment Programme Financial Initiative report on deep seabed mining states that the financing of such activities is not consistent with Sustainable Blue Economy Finance Principles. (6) There is currently insufficient scientific information on the deep sea and related marine ecosystems to fully and accurately assess the full risks and impacts of deep seabed mining activities. (b) Sense of congress It is the sense of Congress that— (1) no deep seabed mining should occur in the international seabed area unless and until adoption by the International Seabed Authority of a full and binding regulatory framework in accordance with the United Nations Convention on the Law of the Sea, in particular Article 145 of the Convention; (2) there is currently insufficient scientific understanding of, and an absence of consensus on, the extent of the risks and impacts of deep seabed mining on ocean and related ecosystems; (3) a regulatory framework should only be adopted by the International Seabed Authority on the basis of a comprehensive scientific understanding of, and consensus on, the potential risks and impacts of deep seabed mining on ocean ecosystems and communities and activities reliant on ocean ecosystems, including fisheries, indigenous peoples and coastal communities; (4) such a comprehensive scientific understanding and consensus should only be developed on the basis of sufficient scientific baseline information on the full impacts of deep seabed mining on marine and related ecosystems; and (5) no deep seabed mining should be permitted in the international seabed area unless it is conducted in a manner and under a clear and enforceable regulatory framework that effectively protects the marine environment from harmful effects, does not pose a risk to communities reliant on ocean ecosystems and prevents damage to the flora and fauna of the marine environment consistent with the obligations in Article 145 of the United Nations Convention on the Law of the Sea and relevant global commitments for the conservation and sustainable use of the marine environment. (c) In general The President shall, until such time as the President submits to the appropriate congressional committees a certification described in subsection (d) and a report described in subsection (e), direct the United States representative to each relevant international organization to which the United States is a member or observer to take such actions as may be necessary to use the voice, vote, and influence of the United States in such organization to— (1) call for a moratorium on the permitting of deep seabed mining and exploration for deep seabed mining; and (3) oppose investments in or other financing or support of deep seabed mining and exploration for deep seabed mining. (d) Certification A certification described in this subsection is a certification that— (1) deep seabed mining regulations have been promulgated by the International Seabed Authority; and (2) such regulations— (A) are informed by the scientific consensus on impacts to ocean ecosystems; and (B) will ensure the effective protection of the marine environment from the harmful effects of deep seabed mining. (e) Report A report described in this subsection is a report that includes the following: (1) The details of the deep seabed mining regulations promulgated by the International Seabed Authority as described in subsection (d). (2) The scientific consensus on the risks and impacts of such regulations on ocean ecosystems and communities reliant on ocean ecosystems. (3) The methods by which such regulations ensure the effective protection of the marine environment from harmful effects of deep seabed mining pursuant to subsection (b)(4).
5,567
[ "Foreign Affairs Committee" ]
118hr5479ih
118
hr
5,479
ih
To amend title 10, United States Code, to give the Secretary of Defense authority to build capacity of foreign security forces with respect to certain fishing operations.
[ { "text": "1. Authority to build capacity of foreign security forces \nSection 333(a) of title 10, United States Code, is amended by adding at the end the following new paragraph: (10) Counter-illegal, unreported, and unregulated fishing operations..", "id": "HAD456C727EB34B1CAF8D6FB8FC04BF56", "header": "Authority to build capacity of foreign security forces", "nested": [], "links": [] } ]
1
1. Authority to build capacity of foreign security forces Section 333(a) of title 10, United States Code, is amended by adding at the end the following new paragraph: (10) Counter-illegal, unreported, and unregulated fishing operations..
238
[ "Armed Services Committee" ]
118hr8020ih
118
hr
8,020
ih
To require the Secretary of Health and Human Services to publish data on the Unaccompanied Children Program.
[ { "text": "1. Short title \nThis Act may be cited as the Transparency for Unaccompanied Children Act.", "id": "HF76CC3A25C6D4EE1A6356C92ACBEB723", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Online publication of data on the Unaccompanied Children Program \n(a) In general \nNot later than 30 days after the date of enactment of this Act, and monthly thereafter, the Secretary of Health and Human Services shall publish, on a publicly accessible webpage of the Department of Health and Human Services, data on the Unaccompanied Children Program. (b) Required data \nThe data published pursuant to subsection (a) shall include the following: (1) The total number of unaccompanied alien children transferred to the Office of Refugee Resettlement (ORR) during the previous month. (2) The total number of unaccompanied alien children discharged by ORR into the custody of sponsors during the previous month, disaggregated by the number of such children discharged to a sponsor who is— (A) a parent or legal guardian of the discharged child; (B) a brother, sister, or grandparent of the discharged child, or an aunt, uncle, or first cousin of the discharged child who previously served as the child’s primary caregiver; (C) an aunt, uncle, or first cousin of the discharged child who was not previously the child’s primary caregiver; or (D) a distant relative of the discharged child or not related to the discharged child. (3) The total number of unaccompanied alien children who were discharged by ORR into the custody of sponsors during the previous month, and who meet the requirements for a mandatory home study under section 235(c)(3)(B) of the William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008 ( 8 U.S.C. 1232(c)(3)(B) ), disaggregated by the number of such children discharged to a sponsor who is— (A) a parent or legal guardian of the discharged child; (B) a brother, sister, or grandparent of the discharged child, or an aunt, uncle, or first cousin of the discharged child who previously served as the child’s primary caregiver; (C) an aunt, uncle, or first cousin of the discharged child who was not previously the child’s primary caregiver; or (D) a distant relative of the discharged child or not related to the discharged child. (4) The average length of time spent in ORR custody by unaccompanied alien children who were discharged from ORR custody during the previous month. (5) The total number of home studies conducted by ORR (or by an ORR grantee or contractor) to assess whether potential sponsors are able and willing to care for an unaccompanied alien child, disaggregated by the number of such home studies that are— (A) mandatory under current law or existing ORR policies; or (B) discretionary under current law and existing ORR policies. (6) The total number of sponsorship applications that were pending with ORR at any point during the previous month, disaggregated by the number of such applications that— (A) were approved during the previous month; (B) were denied during the previous month; or (C) remained pending as of the end of the previous month. (7) The total number of sponsorship applications that were pending with ORR at any point during the previous month and submitted by any individual seeking to become the sponsor of an unaccompanied alien child who meets the requirements for a mandatory home study under section 1232(c)(3)(B) of title 8, United States Code, disaggregated by the number of such applications that— (A) were approved during the previous month; (B) were denied during the previous month; or (C) remained pending as of the end of the previous month. (8) The total number of calls received by the ORR National Call Center during the previous month reporting instances of trafficking, neglect, or abuse of children discharged into the custody of sponsors by ORR. (9) The total number of follow-up calls to discharged children and their sponsors conducted by ORR (or by an ORR grantee or contractor) during the previous month, disaggregated by the number of such calls conducted— (A) in accordance with the timeframe required by ORR policy; or (B) later than required by ORR policy. (10) The total number of unaccompanied alien children discharged from ORR custody who have received post-release services furnished by ORR during the previous month, disaggregated by the number of such children who have received— (A) one or more virtual check-ins; (B) case management services; or (C) intensive in-home services and engagement. (11) The total number of unaccompanied alien children discharged from ORR custody who have received full legal representation furnished by ORR during the previous month. (c) Notification of congressional committees \nUpon publishing new monthly data pursuant to subsection (a), the Secretary of Health and Human Services shall notify the Chair and ranking member of— (1) the Committee on Energy and Commerce of the House of Representatives; (2) the Committee on Health, Education, Labor, and Pensions of the Senate; (3) the Committee on Oversight and Accountability of the House of Representatives; and (4) the Committee on Homeland Security and Governmental Affairs of the Senate. (d) Definitions \nIn this section: (1) The term ORR means the Office of Refugee Resettlement of the Department of Health and Human Services. (2) The term sponsor means an individual who has been selected by the Department of Health and Human Services to be the custodian of an unaccompanied alien child under section 235(c)(3) of the William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008 ( 8 U.S.C. 1232(c)(3) ). (3) The term sponsorship application means the application submitted to ORR by an individual seeking to become the custodian of an unaccompanied alien child. (4) The term unaccompanied alien child has the meaning given to such term in section 462(g)(2) of the Homeland Secretary Act of 2002 ( 6 U.S.C. 279(g)(2) ). (5) The term Unaccompanied Children Program means the program of ORR for the care and custody of unaccompanied alien children under section 235(b) of the William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008 ( 8 U.S.C. 1232(b) ).", "id": "H94BED6560C01472C96D25265305E1E01", "header": "Online publication of data on the Unaccompanied Children Program", "nested": [ { "text": "(a) In general \nNot later than 30 days after the date of enactment of this Act, and monthly thereafter, the Secretary of Health and Human Services shall publish, on a publicly accessible webpage of the Department of Health and Human Services, data on the Unaccompanied Children Program.", "id": "H5D45855DD8764F8E823793638055ADB1", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Required data \nThe data published pursuant to subsection (a) shall include the following: (1) The total number of unaccompanied alien children transferred to the Office of Refugee Resettlement (ORR) during the previous month. (2) The total number of unaccompanied alien children discharged by ORR into the custody of sponsors during the previous month, disaggregated by the number of such children discharged to a sponsor who is— (A) a parent or legal guardian of the discharged child; (B) a brother, sister, or grandparent of the discharged child, or an aunt, uncle, or first cousin of the discharged child who previously served as the child’s primary caregiver; (C) an aunt, uncle, or first cousin of the discharged child who was not previously the child’s primary caregiver; or (D) a distant relative of the discharged child or not related to the discharged child. (3) The total number of unaccompanied alien children who were discharged by ORR into the custody of sponsors during the previous month, and who meet the requirements for a mandatory home study under section 235(c)(3)(B) of the William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008 ( 8 U.S.C. 1232(c)(3)(B) ), disaggregated by the number of such children discharged to a sponsor who is— (A) a parent or legal guardian of the discharged child; (B) a brother, sister, or grandparent of the discharged child, or an aunt, uncle, or first cousin of the discharged child who previously served as the child’s primary caregiver; (C) an aunt, uncle, or first cousin of the discharged child who was not previously the child’s primary caregiver; or (D) a distant relative of the discharged child or not related to the discharged child. (4) The average length of time spent in ORR custody by unaccompanied alien children who were discharged from ORR custody during the previous month. (5) The total number of home studies conducted by ORR (or by an ORR grantee or contractor) to assess whether potential sponsors are able and willing to care for an unaccompanied alien child, disaggregated by the number of such home studies that are— (A) mandatory under current law or existing ORR policies; or (B) discretionary under current law and existing ORR policies. (6) The total number of sponsorship applications that were pending with ORR at any point during the previous month, disaggregated by the number of such applications that— (A) were approved during the previous month; (B) were denied during the previous month; or (C) remained pending as of the end of the previous month. (7) The total number of sponsorship applications that were pending with ORR at any point during the previous month and submitted by any individual seeking to become the sponsor of an unaccompanied alien child who meets the requirements for a mandatory home study under section 1232(c)(3)(B) of title 8, United States Code, disaggregated by the number of such applications that— (A) were approved during the previous month; (B) were denied during the previous month; or (C) remained pending as of the end of the previous month. (8) The total number of calls received by the ORR National Call Center during the previous month reporting instances of trafficking, neglect, or abuse of children discharged into the custody of sponsors by ORR. (9) The total number of follow-up calls to discharged children and their sponsors conducted by ORR (or by an ORR grantee or contractor) during the previous month, disaggregated by the number of such calls conducted— (A) in accordance with the timeframe required by ORR policy; or (B) later than required by ORR policy. (10) The total number of unaccompanied alien children discharged from ORR custody who have received post-release services furnished by ORR during the previous month, disaggregated by the number of such children who have received— (A) one or more virtual check-ins; (B) case management services; or (C) intensive in-home services and engagement. (11) The total number of unaccompanied alien children discharged from ORR custody who have received full legal representation furnished by ORR during the previous month.", "id": "HA486F096A5B74349B54D9E769E21DC72", "header": "Required data", "nested": [], "links": [ { "text": "8 U.S.C. 1232(c)(3)(B)", "legal-doc": "usc", "parsable-cite": "usc/8/1232" } ] }, { "text": "(c) Notification of congressional committees \nUpon publishing new monthly data pursuant to subsection (a), the Secretary of Health and Human Services shall notify the Chair and ranking member of— (1) the Committee on Energy and Commerce of the House of Representatives; (2) the Committee on Health, Education, Labor, and Pensions of the Senate; (3) the Committee on Oversight and Accountability of the House of Representatives; and (4) the Committee on Homeland Security and Governmental Affairs of the Senate.", "id": "H41F3598FD8444A7592111E7900E922B0", "header": "Notification of congressional committees", "nested": [], "links": [] }, { "text": "(d) Definitions \nIn this section: (1) The term ORR means the Office of Refugee Resettlement of the Department of Health and Human Services. (2) The term sponsor means an individual who has been selected by the Department of Health and Human Services to be the custodian of an unaccompanied alien child under section 235(c)(3) of the William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008 ( 8 U.S.C. 1232(c)(3) ). (3) The term sponsorship application means the application submitted to ORR by an individual seeking to become the custodian of an unaccompanied alien child. (4) The term unaccompanied alien child has the meaning given to such term in section 462(g)(2) of the Homeland Secretary Act of 2002 ( 6 U.S.C. 279(g)(2) ). (5) The term Unaccompanied Children Program means the program of ORR for the care and custody of unaccompanied alien children under section 235(b) of the William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008 ( 8 U.S.C. 1232(b) ).", "id": "H95F4B463801D4869984D67D8738A0045", "header": "Definitions", "nested": [], "links": [ { "text": "8 U.S.C. 1232(c)(3)", "legal-doc": "usc", "parsable-cite": "usc/8/1232" }, { "text": "6 U.S.C. 279(g)(2)", "legal-doc": "usc", "parsable-cite": "usc/6/279" }, { "text": "8 U.S.C. 1232(b)", "legal-doc": "usc", "parsable-cite": "usc/8/1232" } ] } ], "links": [ { "text": "8 U.S.C. 1232(c)(3)(B)", "legal-doc": "usc", "parsable-cite": "usc/8/1232" }, { "text": "8 U.S.C. 1232(c)(3)", "legal-doc": "usc", "parsable-cite": "usc/8/1232" }, { "text": "6 U.S.C. 279(g)(2)", "legal-doc": "usc", "parsable-cite": "usc/6/279" }, { "text": "8 U.S.C. 1232(b)", "legal-doc": "usc", "parsable-cite": "usc/8/1232" } ] } ]
2
1. Short title This Act may be cited as the Transparency for Unaccompanied Children Act. 2. Online publication of data on the Unaccompanied Children Program (a) In general Not later than 30 days after the date of enactment of this Act, and monthly thereafter, the Secretary of Health and Human Services shall publish, on a publicly accessible webpage of the Department of Health and Human Services, data on the Unaccompanied Children Program. (b) Required data The data published pursuant to subsection (a) shall include the following: (1) The total number of unaccompanied alien children transferred to the Office of Refugee Resettlement (ORR) during the previous month. (2) The total number of unaccompanied alien children discharged by ORR into the custody of sponsors during the previous month, disaggregated by the number of such children discharged to a sponsor who is— (A) a parent or legal guardian of the discharged child; (B) a brother, sister, or grandparent of the discharged child, or an aunt, uncle, or first cousin of the discharged child who previously served as the child’s primary caregiver; (C) an aunt, uncle, or first cousin of the discharged child who was not previously the child’s primary caregiver; or (D) a distant relative of the discharged child or not related to the discharged child. (3) The total number of unaccompanied alien children who were discharged by ORR into the custody of sponsors during the previous month, and who meet the requirements for a mandatory home study under section 235(c)(3)(B) of the William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008 ( 8 U.S.C. 1232(c)(3)(B) ), disaggregated by the number of such children discharged to a sponsor who is— (A) a parent or legal guardian of the discharged child; (B) a brother, sister, or grandparent of the discharged child, or an aunt, uncle, or first cousin of the discharged child who previously served as the child’s primary caregiver; (C) an aunt, uncle, or first cousin of the discharged child who was not previously the child’s primary caregiver; or (D) a distant relative of the discharged child or not related to the discharged child. (4) The average length of time spent in ORR custody by unaccompanied alien children who were discharged from ORR custody during the previous month. (5) The total number of home studies conducted by ORR (or by an ORR grantee or contractor) to assess whether potential sponsors are able and willing to care for an unaccompanied alien child, disaggregated by the number of such home studies that are— (A) mandatory under current law or existing ORR policies; or (B) discretionary under current law and existing ORR policies. (6) The total number of sponsorship applications that were pending with ORR at any point during the previous month, disaggregated by the number of such applications that— (A) were approved during the previous month; (B) were denied during the previous month; or (C) remained pending as of the end of the previous month. (7) The total number of sponsorship applications that were pending with ORR at any point during the previous month and submitted by any individual seeking to become the sponsor of an unaccompanied alien child who meets the requirements for a mandatory home study under section 1232(c)(3)(B) of title 8, United States Code, disaggregated by the number of such applications that— (A) were approved during the previous month; (B) were denied during the previous month; or (C) remained pending as of the end of the previous month. (8) The total number of calls received by the ORR National Call Center during the previous month reporting instances of trafficking, neglect, or abuse of children discharged into the custody of sponsors by ORR. (9) The total number of follow-up calls to discharged children and their sponsors conducted by ORR (or by an ORR grantee or contractor) during the previous month, disaggregated by the number of such calls conducted— (A) in accordance with the timeframe required by ORR policy; or (B) later than required by ORR policy. (10) The total number of unaccompanied alien children discharged from ORR custody who have received post-release services furnished by ORR during the previous month, disaggregated by the number of such children who have received— (A) one or more virtual check-ins; (B) case management services; or (C) intensive in-home services and engagement. (11) The total number of unaccompanied alien children discharged from ORR custody who have received full legal representation furnished by ORR during the previous month. (c) Notification of congressional committees Upon publishing new monthly data pursuant to subsection (a), the Secretary of Health and Human Services shall notify the Chair and ranking member of— (1) the Committee on Energy and Commerce of the House of Representatives; (2) the Committee on Health, Education, Labor, and Pensions of the Senate; (3) the Committee on Oversight and Accountability of the House of Representatives; and (4) the Committee on Homeland Security and Governmental Affairs of the Senate. (d) Definitions In this section: (1) The term ORR means the Office of Refugee Resettlement of the Department of Health and Human Services. (2) The term sponsor means an individual who has been selected by the Department of Health and Human Services to be the custodian of an unaccompanied alien child under section 235(c)(3) of the William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008 ( 8 U.S.C. 1232(c)(3) ). (3) The term sponsorship application means the application submitted to ORR by an individual seeking to become the custodian of an unaccompanied alien child. (4) The term unaccompanied alien child has the meaning given to such term in section 462(g)(2) of the Homeland Secretary Act of 2002 ( 6 U.S.C. 279(g)(2) ). (5) The term Unaccompanied Children Program means the program of ORR for the care and custody of unaccompanied alien children under section 235(b) of the William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008 ( 8 U.S.C. 1232(b) ).
6,098
[ "Judiciary Committee" ]
118hr7396ih
118
hr
7,396
ih
To direct the Attorney General to conduct a study on animal cruelty, and for other purposes.
[ { "text": "1. Short title \nThis Act may be cited as the Animal Violence Exposes Real Threat of Future Violence Act of 2024 or the AVERT Future Violence Act of 2024.", "id": "H0823F107D6DE43D6A8F82A9EA3B96B81", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Definitions \nIn this Act: (1) Animal cruelty \nThe term animal cruelty — (A) means— (i) intentionally, knowingly, or recklessly harming or killing an animal, including maiming, mutilating, torturing, wounding, poisoning, engaging in animal fighting, and sexually abusing an animal, or attempting to do so; or (ii) intentionally or knowingly neglecting or depriving an animal of necessary sustenance or shelter, or attempting to do so; and (B) does not include any conduct that is— (i) customary and normal veterinary, agricultural husbandry, or other animal management practice; (ii) the slaughter of animals for food; (iii) hunting, trapping, fishing, a sporting activity not otherwise prohibited by Federal law, predator control, or pest control; (iv) medical or scientific research; (v) necessary to protect the life of a person; or (vi) performed as part of euthanizing an animal. (2) Eligible entity \nThe term eligible entity means— (A) a State; (B) a unit of local government; (C) a State or local court (including a juvenile court); (D) an Indian Tribe; or (E) any other organization that has a documented history of effective work identifying, intervening in, preventing, reducing, or otherwise responding to animal cruelty, or animal cruelty as related to interpersonal violence (as determined by the Secretary), including— (i) any organization that works directly with or on behalf of pets, service animals, emotional support animals, or horses and collaborates with any organization referred to in subparagraphs (A) through (D), including— (I) an animal shelter; and (II) an animal welfare organization; (ii) any organization that provides mental health services to perpetrators and survivors of crime; (iii) any organization that develops and provides training programs for law enforcement, judges, prosecutors, other court personnel, veterinarians, or mental health professionals; (iv) a domestic violence and sexual assault victim service provider; (v) a domestic violence and sexual assault coalition; (vi) a child abuse victim service provider; (vii) a provider of services to families under the supervision of the courts or departments of child and family services; (viii) an elder abuse victim service provider; (ix) a community-based and culturally specific organization; and (x) any other nonprofit, nongovernmental organization.", "id": "HB6BEB3C829BD41D38A23CB8693E9DE29", "header": "Definitions", "nested": [], "links": [] }, { "text": "3. Study on animal cruelty, underlying factors, and future acts of human violence \n(a) In general \nNot later than 3 years after the date of enactment of this Act, the Attorney General, acting through the Director of the National Institute of Justice, shall carry out a study— (1) on the underlying factors that contribute to acts of animal cruelty committed by individuals; and (2) that analyzes acts of animal cruelty as a predictor of future violence against humans. (b) Content of study \nIn carrying out the study under subsection (a), the Director of the National Institute of Justice shall— (1) specifically examine, through a review of scientific literature, original research, and expert input, as appropriate— (A) evidence-informed risk factors associated or correlated with individuals who commit acts of animal cruelty; (B) whether certain acts of animal cruelty can be correlated with certain evidence-informed risk factors (such as whether the acts of animal torturing, tormenting, mutilation, maiming, poisoning, organized abuse, such as animal fighting, sexual abuse, abandonment, or neglect, are associated with the same or different evidence-informed risk factors); (C) whether certain acts of animal cruelty demonstrate a tendency or likelihood to commit a future act of violence against humans; (D) the types of violence against humans most commonly associated with certain acts of animal cruelty (such as domestic violence and assault); and (E) recommendations of areas in which future research on animal cruelty is needed; and (2) develop best practices for— (A) early interventions that prevent acts of animal cruelty; and (B) interventions with individuals who have committed acts of animal cruelty to prevent future acts of violence. (c) Recommendations \nThe Director of the National Institute of Justice shall submit to Congress a report containing the specific policy recommendations, based on the study conducted under this section, for legislative and regulatory action at the Federal, State, and local levels to— (1) address the evidence-informed risk factors that may contribute to acts of animal cruelty committed by individuals; and (2) develop effective interventions and diversion strategies for both juvenile and non-juvenile offenders who have been convicted of criminal offenses involving animal cruelty that reduce the likelihood of offenders committing future violent acts against both humans and animals.", "id": "HA0553CF0B4164488AAD96013D901B3A0", "header": "Study on animal cruelty, underlying factors, and future acts of human violence", "nested": [ { "text": "(a) In general \nNot later than 3 years after the date of enactment of this Act, the Attorney General, acting through the Director of the National Institute of Justice, shall carry out a study— (1) on the underlying factors that contribute to acts of animal cruelty committed by individuals; and (2) that analyzes acts of animal cruelty as a predictor of future violence against humans.", "id": "H5985892F20114C9289AA3AE8F894D5AA", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Content of study \nIn carrying out the study under subsection (a), the Director of the National Institute of Justice shall— (1) specifically examine, through a review of scientific literature, original research, and expert input, as appropriate— (A) evidence-informed risk factors associated or correlated with individuals who commit acts of animal cruelty; (B) whether certain acts of animal cruelty can be correlated with certain evidence-informed risk factors (such as whether the acts of animal torturing, tormenting, mutilation, maiming, poisoning, organized abuse, such as animal fighting, sexual abuse, abandonment, or neglect, are associated with the same or different evidence-informed risk factors); (C) whether certain acts of animal cruelty demonstrate a tendency or likelihood to commit a future act of violence against humans; (D) the types of violence against humans most commonly associated with certain acts of animal cruelty (such as domestic violence and assault); and (E) recommendations of areas in which future research on animal cruelty is needed; and (2) develop best practices for— (A) early interventions that prevent acts of animal cruelty; and (B) interventions with individuals who have committed acts of animal cruelty to prevent future acts of violence.", "id": "HAF8BF65D03BA4742AC2E8991DF8DC8A5", "header": "Content of study", "nested": [], "links": [] }, { "text": "(c) Recommendations \nThe Director of the National Institute of Justice shall submit to Congress a report containing the specific policy recommendations, based on the study conducted under this section, for legislative and regulatory action at the Federal, State, and local levels to— (1) address the evidence-informed risk factors that may contribute to acts of animal cruelty committed by individuals; and (2) develop effective interventions and diversion strategies for both juvenile and non-juvenile offenders who have been convicted of criminal offenses involving animal cruelty that reduce the likelihood of offenders committing future violent acts against both humans and animals.", "id": "H5A62F5EBB29544978DE12D28BB432646", "header": "Recommendations", "nested": [], "links": [] } ], "links": [] }, { "text": "4. Stop future violence grant program \n(a) In general \nThe Attorney General is authorized to establish a grant program to provide assistance to eligible entities to develop and strengthen effective detection strategies, and early intervention or diversion resources, to stop acts of animal cruelty and rehabilitate offenders. (b) Use of funds \nA grant awarded under this section may be used to provide personnel, training, technical assistance, data collection, and other resources for the apprehension, prosecution, adjudication, and mental and behavioral health treatment of persons committing acts of animal cruelty, for the rehabilitation of perpetrators and the prevention of future acts of animal cruelty or violence against humans, and specifically, for the purposes of— (1) training law enforcement officers, judges, other court personnel, prosecutors, and mental health professionals to more effectively identify and respond to acts of animal cruelty; (2) developing, training, or expanding units of law enforcement officers, judges, other court personnel, prosecutors, and mental health professionals specifically addressing acts of animal cruelty; (3) developing and implementing more effective police, court, prosecution, mental health, and early intervention policies, protocols, orders, and services specifically devoted to preventing, identifying, and responding to acts of animal cruelty; and (4) developing, installing, or expanding data collection and communication systems, including computerized systems, linking police, prosecutors, and courts, or for the purpose of identifying, classifying, and tracking arrests, protection orders, violations of protection orders, prosecutions, and convictions for acts of animal cruelty.", "id": "HEEEA0CD45EC5407AA63C1C2B1CCFC502", "header": "Stop future violence grant program", "nested": [ { "text": "(a) In general \nThe Attorney General is authorized to establish a grant program to provide assistance to eligible entities to develop and strengthen effective detection strategies, and early intervention or diversion resources, to stop acts of animal cruelty and rehabilitate offenders.", "id": "HF152E39EEAA04B29B7BFAFA212DCC8B0", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Use of funds \nA grant awarded under this section may be used to provide personnel, training, technical assistance, data collection, and other resources for the apprehension, prosecution, adjudication, and mental and behavioral health treatment of persons committing acts of animal cruelty, for the rehabilitation of perpetrators and the prevention of future acts of animal cruelty or violence against humans, and specifically, for the purposes of— (1) training law enforcement officers, judges, other court personnel, prosecutors, and mental health professionals to more effectively identify and respond to acts of animal cruelty; (2) developing, training, or expanding units of law enforcement officers, judges, other court personnel, prosecutors, and mental health professionals specifically addressing acts of animal cruelty; (3) developing and implementing more effective police, court, prosecution, mental health, and early intervention policies, protocols, orders, and services specifically devoted to preventing, identifying, and responding to acts of animal cruelty; and (4) developing, installing, or expanding data collection and communication systems, including computerized systems, linking police, prosecutors, and courts, or for the purpose of identifying, classifying, and tracking arrests, protection orders, violations of protection orders, prosecutions, and convictions for acts of animal cruelty.", "id": "HB9366BEEEF834EE7BADABA89024ECB67", "header": "Use of funds", "nested": [], "links": [] } ], "links": [] }, { "text": "5. Authorization of appropriations \nThere are authorized to be appropriated— (1) for the purposes of carrying out section 3, $2,000,000 for fiscal year 2025, to remain available until expended; and (2) for the purposes of carrying out section 4, $2,000,000 for each of fiscal years 2025 through 2029.", "id": "H96FA4F541D184478A8168EDCBC1824B0", "header": "Authorization of appropriations", "nested": [], "links": [] } ]
5
1. Short title This Act may be cited as the Animal Violence Exposes Real Threat of Future Violence Act of 2024 or the AVERT Future Violence Act of 2024. 2. Definitions In this Act: (1) Animal cruelty The term animal cruelty — (A) means— (i) intentionally, knowingly, or recklessly harming or killing an animal, including maiming, mutilating, torturing, wounding, poisoning, engaging in animal fighting, and sexually abusing an animal, or attempting to do so; or (ii) intentionally or knowingly neglecting or depriving an animal of necessary sustenance or shelter, or attempting to do so; and (B) does not include any conduct that is— (i) customary and normal veterinary, agricultural husbandry, or other animal management practice; (ii) the slaughter of animals for food; (iii) hunting, trapping, fishing, a sporting activity not otherwise prohibited by Federal law, predator control, or pest control; (iv) medical or scientific research; (v) necessary to protect the life of a person; or (vi) performed as part of euthanizing an animal. (2) Eligible entity The term eligible entity means— (A) a State; (B) a unit of local government; (C) a State or local court (including a juvenile court); (D) an Indian Tribe; or (E) any other organization that has a documented history of effective work identifying, intervening in, preventing, reducing, or otherwise responding to animal cruelty, or animal cruelty as related to interpersonal violence (as determined by the Secretary), including— (i) any organization that works directly with or on behalf of pets, service animals, emotional support animals, or horses and collaborates with any organization referred to in subparagraphs (A) through (D), including— (I) an animal shelter; and (II) an animal welfare organization; (ii) any organization that provides mental health services to perpetrators and survivors of crime; (iii) any organization that develops and provides training programs for law enforcement, judges, prosecutors, other court personnel, veterinarians, or mental health professionals; (iv) a domestic violence and sexual assault victim service provider; (v) a domestic violence and sexual assault coalition; (vi) a child abuse victim service provider; (vii) a provider of services to families under the supervision of the courts or departments of child and family services; (viii) an elder abuse victim service provider; (ix) a community-based and culturally specific organization; and (x) any other nonprofit, nongovernmental organization. 3. Study on animal cruelty, underlying factors, and future acts of human violence (a) In general Not later than 3 years after the date of enactment of this Act, the Attorney General, acting through the Director of the National Institute of Justice, shall carry out a study— (1) on the underlying factors that contribute to acts of animal cruelty committed by individuals; and (2) that analyzes acts of animal cruelty as a predictor of future violence against humans. (b) Content of study In carrying out the study under subsection (a), the Director of the National Institute of Justice shall— (1) specifically examine, through a review of scientific literature, original research, and expert input, as appropriate— (A) evidence-informed risk factors associated or correlated with individuals who commit acts of animal cruelty; (B) whether certain acts of animal cruelty can be correlated with certain evidence-informed risk factors (such as whether the acts of animal torturing, tormenting, mutilation, maiming, poisoning, organized abuse, such as animal fighting, sexual abuse, abandonment, or neglect, are associated with the same or different evidence-informed risk factors); (C) whether certain acts of animal cruelty demonstrate a tendency or likelihood to commit a future act of violence against humans; (D) the types of violence against humans most commonly associated with certain acts of animal cruelty (such as domestic violence and assault); and (E) recommendations of areas in which future research on animal cruelty is needed; and (2) develop best practices for— (A) early interventions that prevent acts of animal cruelty; and (B) interventions with individuals who have committed acts of animal cruelty to prevent future acts of violence. (c) Recommendations The Director of the National Institute of Justice shall submit to Congress a report containing the specific policy recommendations, based on the study conducted under this section, for legislative and regulatory action at the Federal, State, and local levels to— (1) address the evidence-informed risk factors that may contribute to acts of animal cruelty committed by individuals; and (2) develop effective interventions and diversion strategies for both juvenile and non-juvenile offenders who have been convicted of criminal offenses involving animal cruelty that reduce the likelihood of offenders committing future violent acts against both humans and animals. 4. Stop future violence grant program (a) In general The Attorney General is authorized to establish a grant program to provide assistance to eligible entities to develop and strengthen effective detection strategies, and early intervention or diversion resources, to stop acts of animal cruelty and rehabilitate offenders. (b) Use of funds A grant awarded under this section may be used to provide personnel, training, technical assistance, data collection, and other resources for the apprehension, prosecution, adjudication, and mental and behavioral health treatment of persons committing acts of animal cruelty, for the rehabilitation of perpetrators and the prevention of future acts of animal cruelty or violence against humans, and specifically, for the purposes of— (1) training law enforcement officers, judges, other court personnel, prosecutors, and mental health professionals to more effectively identify and respond to acts of animal cruelty; (2) developing, training, or expanding units of law enforcement officers, judges, other court personnel, prosecutors, and mental health professionals specifically addressing acts of animal cruelty; (3) developing and implementing more effective police, court, prosecution, mental health, and early intervention policies, protocols, orders, and services specifically devoted to preventing, identifying, and responding to acts of animal cruelty; and (4) developing, installing, or expanding data collection and communication systems, including computerized systems, linking police, prosecutors, and courts, or for the purpose of identifying, classifying, and tracking arrests, protection orders, violations of protection orders, prosecutions, and convictions for acts of animal cruelty. 5. Authorization of appropriations There are authorized to be appropriated— (1) for the purposes of carrying out section 3, $2,000,000 for fiscal year 2025, to remain available until expended; and (2) for the purposes of carrying out section 4, $2,000,000 for each of fiscal years 2025 through 2029.
6,996
[ "Judiciary Committee" ]
118hr3697ih
118
hr
3,697
ih
To preempt State prohibitions on real estate purchases by foreign citizens, and for other purposes.
[ { "text": "1. Short title \nThis Act may be cited as the Preemption of Real Property Discrimination Act.", "id": "HAA36181876D1404CAC1159A0CD01B76B", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Preemption of State prohibitions on real estate purchases by foreign citizens \n(a) In general \nAny law of a State, the District of Columbia, or any territory of the United States that prohibits or otherwise restricts the purchase by an individual of real property within such State, District, or territory based on the citizenship of the purchaser is hereby preempted. (b) Enforcement \nThe Attorney General is authorized to enforce this section. (c) Private right of action \n(1) In general \nIn the case of any State, District, or territory that attempts to enforce a law preempted by subsection (a), an individual harmed by such action may bring a civil action against such State, District, or territory in any Federal court of competent jurisdiction. (2) Injunctive relief \nIn a civil action brought under paragraph (1) in which a plaintiff prevails, the court may award the plaintiff injunctive relief.", "id": "HBD42552064FB4357AC9D240ABF840A76", "header": "Preemption of State prohibitions on real estate purchases by foreign citizens", "nested": [ { "text": "(a) In general \nAny law of a State, the District of Columbia, or any territory of the United States that prohibits or otherwise restricts the purchase by an individual of real property within such State, District, or territory based on the citizenship of the purchaser is hereby preempted.", "id": "HBB26F3A109B54D3E935A5384C94FF7EF", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Enforcement \nThe Attorney General is authorized to enforce this section.", "id": "HCC824D34F2D840E190131C8D5007651A", "header": "Enforcement", "nested": [], "links": [] }, { "text": "(c) Private right of action \n(1) In general \nIn the case of any State, District, or territory that attempts to enforce a law preempted by subsection (a), an individual harmed by such action may bring a civil action against such State, District, or territory in any Federal court of competent jurisdiction. (2) Injunctive relief \nIn a civil action brought under paragraph (1) in which a plaintiff prevails, the court may award the plaintiff injunctive relief.", "id": "H5AA3ECD2B2FF41EDA86B259934E46B6C", "header": "Private right of action", "nested": [], "links": [] } ], "links": [] } ]
2
1. Short title This Act may be cited as the Preemption of Real Property Discrimination Act. 2. Preemption of State prohibitions on real estate purchases by foreign citizens (a) In general Any law of a State, the District of Columbia, or any territory of the United States that prohibits or otherwise restricts the purchase by an individual of real property within such State, District, or territory based on the citizenship of the purchaser is hereby preempted. (b) Enforcement The Attorney General is authorized to enforce this section. (c) Private right of action (1) In general In the case of any State, District, or territory that attempts to enforce a law preempted by subsection (a), an individual harmed by such action may bring a civil action against such State, District, or territory in any Federal court of competent jurisdiction. (2) Injunctive relief In a civil action brought under paragraph (1) in which a plaintiff prevails, the court may award the plaintiff injunctive relief.
1,000
[ "Judiciary Committee" ]
118hr4519ih
118
hr
4,519
ih
To amend part B of the Individuals with Disabilities Education Act to provide full Federal funding of such part.
[ { "text": "1. Short title \nThis Act may be cited as the IDEA Full Funding Act.", "id": "H03D0BBCF4EB744E6B0107D7D503D7D3D", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Mandatory funding of the Individuals with Disabilities Education Act \nSection 611(i) of the Individuals with Disabilities Education Act ( 20 U.S.C. 1411(i) ) is amended to read as follows: (i) Funding \n(1) In general \nFor the purpose of carrying out this part, other than section 619, there are authorized to be appropriated— (A) $16,259,193,000 or 14.2 percent of the amount determined under paragraph (2), whichever is greater, for fiscal year 2024, and there are hereby appropriated $5,870,321,000 or 5.1 percent of the amount determined under paragraph (2), whichever is greater, for fiscal year 2024, which shall become available for obligation on July 1, 2024, and shall remain available through September 30, 2025; (B) $18,636,567,000 or 16.0 percent of the amount determined under paragraph (2), whichever is greater, for fiscal year 2025, and there are hereby appropriated $7,535,090,000 or 6.5 percent of the amount determined under paragraph (2), whichever is greater, for fiscal year 2025, which shall become available for obligation on July 1, 2025, and shall remain available through September 30, 2026; (C) $21,361,554,000 or 17.9 percent of the amount determined under paragraph (2), whichever is greater, for fiscal year 2026, and there are hereby appropriated $9,671,973,000 or 8.1 percent of the amount determined under paragraph (2), whichever is greater, for fiscal year 2026, which shall become available for obligation on July 1, 2026, and shall remain available through September 30, 2027; (D) $24,484,981,000 or 20.1 percent of the amount determined under paragraph (2), whichever is greater, for fiscal year 2027, and there are hereby appropriated $12,414,856,000 or 10.2 percent of the amount determined under paragraph (2), whichever is greater, for fiscal year 2027, which shall become available for obligation on July 1, 2027, and shall remain available through September 30, 2028; (E) $28,065,107,000 or 22.6 percent of the amount determined under paragraph (2), whichever is greater, for fiscal year 2028, and there are hereby appropriated $15,935,595,000 or 12.8 percent of the amount determined under paragraph (2), whichever is greater, for fiscal year 2028, which shall become available for obligation on July 1, 2028, and shall remain available through September 30, 2029; (F) $32,168,709,000 or 25.3 percent of the amount determined under paragraph (2), whichever is greater, for fiscal year 2029, and there are hereby appropriated $20,454,785,000 or 16.1 percent of the amount determined under paragraph (2), whichever is greater, for fiscal year 2029, which shall become available for obligation on July 1, 2029, and shall remain available through September 30, 2030; (G) $36,872,329,000 or 28.4 percent of the amount determined under paragraph (2), whichever is greater, for fiscal year 2030, and there are hereby appropriated $26,255,574,000 or 20.2 percent of the amount determined under paragraph (2), whichever is greater, for fiscal year 2030, which shall become available for obligation on July 1, 2030, and shall remain available through September 30, 2031; (H) $42,263,698,000 or 31.8 percent of the amount determined under paragraph (2), whichever is greater, for fiscal year 2031, and there are hereby appropriated 33,701,415,000 or 25.4 percent of the amount determined under paragraph (2), whichever is greater, for fiscal year 2031, which shall become available for obligation on July 1, 2031, and shall remain available through September 30, 2032; (I) $48,443,379,000 or 35.7 percent of the amount determined under paragraph (2), whichever is greater, for fiscal year 2032, and there are hereby appropriated $43,258,828,000 or 31.9 percent of the amount determined under paragraph (2), whichever is greater, for fiscal year 2032, which shall become available for obligation on July 1, 2032, and shall remain available through September 30, 2033; and (J) $55,526,635,000 or 40.0 percent of the amount determined under paragraph (2), whichever is greater, for fiscal year 2033 and each subsequent fiscal year, and there are hereby appropriated $55,526,635,000 or 40.0 percent of the amount determined under paragraph (2), whichever is greater, for fiscal year 2033 and each subsequent fiscal year, which— (i) shall become available for obligation with respect to fiscal year 2033 on July 1, 2033, and shall remain available through September 30, 2034; and (ii) shall become available for obligation with respect to each subsequent fiscal year on July 1 of that fiscal year and shall remain available through September 30 of the succeeding fiscal year. (2) Amount \nWith respect to each subparagraph of paragraph (1), the amount determined under this paragraph is the product of— (A) the total number of children with disabilities in all States who— (i) received special education and related services during the last school year that concluded before the first day of the fiscal year for which the determination is made; and (ii) were aged— (I) 3 through 5 (with respect to the States that were eligible for grants under section 619); and (II) 6 through 21; and (B) the average per-pupil expenditure in public elementary schools and secondary schools in the United States..", "id": "H39E882ABF589425AA2E98EDCCB411669", "header": "Mandatory funding of the Individuals with Disabilities Education Act", "nested": [], "links": [ { "text": "20 U.S.C. 1411(i)", "legal-doc": "usc", "parsable-cite": "usc/20/1411" } ] }, { "text": "3. Offsets \nThe amounts appropriated in section 611(i) of the Individuals with Disabilities Education Act ( 20 U.S.C. 1411(i) ), as amended by section 2 of this Act, shall be expended consistent with cut-as-you-go requirements.", "id": "H243B817355C040E5BEFB3E6294BC2503", "header": "Offsets", "nested": [], "links": [ { "text": "20 U.S.C. 1411(i)", "legal-doc": "usc", "parsable-cite": "usc/20/1411" } ] } ]
3
1. Short title This Act may be cited as the IDEA Full Funding Act. 2. Mandatory funding of the Individuals with Disabilities Education Act Section 611(i) of the Individuals with Disabilities Education Act ( 20 U.S.C. 1411(i) ) is amended to read as follows: (i) Funding (1) In general For the purpose of carrying out this part, other than section 619, there are authorized to be appropriated— (A) $16,259,193,000 or 14.2 percent of the amount determined under paragraph (2), whichever is greater, for fiscal year 2024, and there are hereby appropriated $5,870,321,000 or 5.1 percent of the amount determined under paragraph (2), whichever is greater, for fiscal year 2024, which shall become available for obligation on July 1, 2024, and shall remain available through September 30, 2025; (B) $18,636,567,000 or 16.0 percent of the amount determined under paragraph (2), whichever is greater, for fiscal year 2025, and there are hereby appropriated $7,535,090,000 or 6.5 percent of the amount determined under paragraph (2), whichever is greater, for fiscal year 2025, which shall become available for obligation on July 1, 2025, and shall remain available through September 30, 2026; (C) $21,361,554,000 or 17.9 percent of the amount determined under paragraph (2), whichever is greater, for fiscal year 2026, and there are hereby appropriated $9,671,973,000 or 8.1 percent of the amount determined under paragraph (2), whichever is greater, for fiscal year 2026, which shall become available for obligation on July 1, 2026, and shall remain available through September 30, 2027; (D) $24,484,981,000 or 20.1 percent of the amount determined under paragraph (2), whichever is greater, for fiscal year 2027, and there are hereby appropriated $12,414,856,000 or 10.2 percent of the amount determined under paragraph (2), whichever is greater, for fiscal year 2027, which shall become available for obligation on July 1, 2027, and shall remain available through September 30, 2028; (E) $28,065,107,000 or 22.6 percent of the amount determined under paragraph (2), whichever is greater, for fiscal year 2028, and there are hereby appropriated $15,935,595,000 or 12.8 percent of the amount determined under paragraph (2), whichever is greater, for fiscal year 2028, which shall become available for obligation on July 1, 2028, and shall remain available through September 30, 2029; (F) $32,168,709,000 or 25.3 percent of the amount determined under paragraph (2), whichever is greater, for fiscal year 2029, and there are hereby appropriated $20,454,785,000 or 16.1 percent of the amount determined under paragraph (2), whichever is greater, for fiscal year 2029, which shall become available for obligation on July 1, 2029, and shall remain available through September 30, 2030; (G) $36,872,329,000 or 28.4 percent of the amount determined under paragraph (2), whichever is greater, for fiscal year 2030, and there are hereby appropriated $26,255,574,000 or 20.2 percent of the amount determined under paragraph (2), whichever is greater, for fiscal year 2030, which shall become available for obligation on July 1, 2030, and shall remain available through September 30, 2031; (H) $42,263,698,000 or 31.8 percent of the amount determined under paragraph (2), whichever is greater, for fiscal year 2031, and there are hereby appropriated 33,701,415,000 or 25.4 percent of the amount determined under paragraph (2), whichever is greater, for fiscal year 2031, which shall become available for obligation on July 1, 2031, and shall remain available through September 30, 2032; (I) $48,443,379,000 or 35.7 percent of the amount determined under paragraph (2), whichever is greater, for fiscal year 2032, and there are hereby appropriated $43,258,828,000 or 31.9 percent of the amount determined under paragraph (2), whichever is greater, for fiscal year 2032, which shall become available for obligation on July 1, 2032, and shall remain available through September 30, 2033; and (J) $55,526,635,000 or 40.0 percent of the amount determined under paragraph (2), whichever is greater, for fiscal year 2033 and each subsequent fiscal year, and there are hereby appropriated $55,526,635,000 or 40.0 percent of the amount determined under paragraph (2), whichever is greater, for fiscal year 2033 and each subsequent fiscal year, which— (i) shall become available for obligation with respect to fiscal year 2033 on July 1, 2033, and shall remain available through September 30, 2034; and (ii) shall become available for obligation with respect to each subsequent fiscal year on July 1 of that fiscal year and shall remain available through September 30 of the succeeding fiscal year. (2) Amount With respect to each subparagraph of paragraph (1), the amount determined under this paragraph is the product of— (A) the total number of children with disabilities in all States who— (i) received special education and related services during the last school year that concluded before the first day of the fiscal year for which the determination is made; and (ii) were aged— (I) 3 through 5 (with respect to the States that were eligible for grants under section 619); and (II) 6 through 21; and (B) the average per-pupil expenditure in public elementary schools and secondary schools in the United States.. 3. Offsets The amounts appropriated in section 611(i) of the Individuals with Disabilities Education Act ( 20 U.S.C. 1411(i) ), as amended by section 2 of this Act, shall be expended consistent with cut-as-you-go requirements.
5,524
[ "Education and the Workforce Committee" ]
118hr2855ih
118
hr
2,855
ih
To direct the Director of the United States Geological Survey to establish a program to map zones that are at greater risk of sinkhole formation, and for other purposes.
[ { "text": "1. Short title \nThis Act may be cited as the Sinkhole Mapping Act of 2023.", "id": "H88C21B483D1D423DACDB014494F007C9", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Sinkhole hazard identification \n(a) In general \nThe Director of the United States Geological Survey shall establish a program to— (1) study the short-term and long-term mechanisms that cause sinkholes, including extreme storm events, prolonged droughts causing shifts in water management practices, aquifer depletion, and other major changes in water use; and (2) develop maps that depict zones that are at greater risk of sinkhole formation. (b) Review of maps \nOnce during each 5-year period, or more often as the Director of the United States Geological Survey determines is necessary, the Director shall assess the need to revise and update the maps developed under this section. (c) Website \nThe Director of the United States Geological Survey shall establish and maintain a public website that displays the maps developed under this section and other relevant information critical for use by community planners and emergency managers. (d) Authorization of appropriations \nThere are hereby authorized $40,000,000 for each of fiscal years 2024 through 2028 to be appropriated to the Director of the United States Geological Survey for purposes of carrying out this section.", "id": "HD7467F6CC9A546F8978D698E19BE20EC", "header": "Sinkhole hazard identification", "nested": [ { "text": "(a) In general \nThe Director of the United States Geological Survey shall establish a program to— (1) study the short-term and long-term mechanisms that cause sinkholes, including extreme storm events, prolonged droughts causing shifts in water management practices, aquifer depletion, and other major changes in water use; and (2) develop maps that depict zones that are at greater risk of sinkhole formation.", "id": "H6D4C79964C794CBEBF71F269930F176C", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Review of maps \nOnce during each 5-year period, or more often as the Director of the United States Geological Survey determines is necessary, the Director shall assess the need to revise and update the maps developed under this section.", "id": "H18C848DAC5614522B88247C85311946C", "header": "Review of maps", "nested": [], "links": [] }, { "text": "(c) Website \nThe Director of the United States Geological Survey shall establish and maintain a public website that displays the maps developed under this section and other relevant information critical for use by community planners and emergency managers.", "id": "H93C872EF6434426ABAD5D653C91158E9", "header": "Website", "nested": [], "links": [] }, { "text": "(d) Authorization of appropriations \nThere are hereby authorized $40,000,000 for each of fiscal years 2024 through 2028 to be appropriated to the Director of the United States Geological Survey for purposes of carrying out this section.", "id": "HB5D25CEA7FB34172863F224A2C8A3C22", "header": "Authorization of appropriations", "nested": [], "links": [] } ], "links": [] } ]
2
1. Short title This Act may be cited as the Sinkhole Mapping Act of 2023. 2. Sinkhole hazard identification (a) In general The Director of the United States Geological Survey shall establish a program to— (1) study the short-term and long-term mechanisms that cause sinkholes, including extreme storm events, prolonged droughts causing shifts in water management practices, aquifer depletion, and other major changes in water use; and (2) develop maps that depict zones that are at greater risk of sinkhole formation. (b) Review of maps Once during each 5-year period, or more often as the Director of the United States Geological Survey determines is necessary, the Director shall assess the need to revise and update the maps developed under this section. (c) Website The Director of the United States Geological Survey shall establish and maintain a public website that displays the maps developed under this section and other relevant information critical for use by community planners and emergency managers. (d) Authorization of appropriations There are hereby authorized $40,000,000 for each of fiscal years 2024 through 2028 to be appropriated to the Director of the United States Geological Survey for purposes of carrying out this section.
1,255
[ "Natural Resources Committee" ]
118hr668ih
118
hr
668
ih
To provide for the protection of the Boundary Waters Canoe Area Wilderness and interconnected Federal lands and waters, including Voyageurs National Park, within the Rainy River Watershed in the State of Minnesota, and for other purposes.
[ { "text": "1. Short title \nThis Act may be cited as the Boundary Waters Wilderness Protection and Pollution Prevention Act.", "id": "HD278CA6FB9FD4BB59F1D846B7939C373", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Findings \nCongress finds the following: (1) The Boundary Waters Canoe Area Wilderness is a 1,090,000-acre Federal wilderness area, located within the Superior National Forest, that was originally designated in the Wilderness Act of 1964 ( Public Law 88–577 ). (2) The Forest Service manages the Boundary Waters Canoe Area Wilderness, which includes— (A) nearly 2,000 pristine lakes ranging in size from 10 acres to 10,000 acres, and more than 1,200 miles of canoe routes; (B) 1,500 cultural resource sites including historic Ojibwe village sites and Native American pictograph panel sites; and (C) 150 miles of land and water on the international border with the Government of Canada. (3) In 1978, Congress passed the Boundary Waters Canoe Area Wilderness Act ( Public Law 95–495 ) to remove incompatible uses, prohibit mining within the Boundary Waters Canoe Area Wilderness and on 220,000 acres of the Superior National Forest, and to provide management guidance to protect, preserve, and enhance the lakes, waterways, and forested areas of the Boundary Waters Canoe Area Wilderness to enhance public enjoyment of the unique landscape and wildlife. (4) The federally recognized Grand Portage Band of Lake Superior Chippewa, the Fond du Lac Band of Lake Superior Chippewa, and the Bois Forte Band of Chippewa retain hunting, fishing, and other usufructuary rights throughout the entire northeast portion of Minnesota, including the Boundary Waters Canoe Area Wilderness, under the 1854 Treaty of LaPointe. All Bands have a legal interest in protecting natural resources and the Forest Service shares in the Federal trust responsibility to maintain treaty resources. (5) The Rainy River Watershed lies within the Superior National Forest, which contains 20 percent of the fresh water supply in the entire National Forest System. (6) The Rainy River Watershed headwaters begin in northeastern Minnesota and flow north through the Boundary Waters Canoe Area Wilderness and Voyageurs National Park and into Canada along the shared international border. These international waters are governed by the 1909 Boundary Waters Treaty, which states that boundary waters and the waters flowing across the boundary shall not be polluted on either side to the injury of health or property on the other. (7) The waters of the Boundary Waters Canoe Area Wilderness and Voyageurs National Park are classified as Outstanding Resource Value Waters under Federal and State law, and degradation of water quality is prohibited. A risk of mining development is acid mine drainage which generally occurs when sulfide minerals are exposed to air and water creating sulfuric acid, which decreases water pH and leaches harmful metals such as copper, zinc, lead, cadmium, iron, and nickel. (8) Acid mine runoff from sulfide-ore copper mining entering groundwater, rivers, streams, and lakes harms aquatic life, degrades water quality, and results in potential severe environmental impacts. (9) A peer-reviewed study of water quality impacts from 14 operating United States copper sulfide mines found 100 percent of the mines experienced pipeline spills or accidental releases: 13 mines experienced failures of water collection and treatment systems to control contaminated mine seepage resulting in significant negative water quality impacts. (10) The mining of copper and other metals in sulfide bearing ore on Federal lands in the Superior National Forest, within the Rainy River Watershed, poses a direct and long-term threat from sulfide-ore mining contamination to the pristine water and air quality and healthy forested habitat of the Boundary Waters Canoe Area Wilderness and Voyageurs National Park. (11) The likely contamination of the air, water, and forested habitat of the Boundary Waters Canoe Area Wilderness and Voyageurs National Park from the mining of copper, nickel, platinum, palladium, gold, and silver on Federal lands within the Rainy River Watershed puts at risk— (A) the nationally recognized natural resources of the area; and (B) the region’s amenity-based and tourism industry, which if protected by a mineral withdrawal, would grow by 1,500 to 4,600 more jobs and $100,000,000 to $900,000,000 more income over the next 20 years than if such mining were not banned. (12) In 2016, the Forest Service issued a Record of Decision which found unacceptable the inherent potential risk that development of a regionally untested copper-nickel sulfide ore mine within the same watershed as the Boundary Waters Canoe Area Wilderness might cause serious and irreplaceable harm to this unique, iconic, and irreplaceable wilderness area. The Forest Service subsequently proposed a 20-year mineral withdrawal of 234,328 acres of Federal lands and waters in the Rainy River Watershed. (13) In 2018, approximately 20 months into a 24-month review period of the Rainy River Watershed mineral withdrawal proposal, the Department of Agriculture abruptly canceled the withdrawal application and abandoned the Environmental Assessment.", "id": "H7BC308551CCA4051A5F6D797C791A4B2", "header": "Findings", "nested": [], "links": [ { "text": "Public Law 88–577", "legal-doc": "public-law", "parsable-cite": "pl/88/577" }, { "text": "Public Law 95–495", "legal-doc": "public-law", "parsable-cite": "pl/95/495" } ] }, { "text": "3. Withdrawal of certain Federal lands and waters in the State of Minnesota \n(a) Definition of map \nIn this Act, the term Map means the map prepared by the Forest Service entitled Superior National Forest Mineral Withdrawal Application Map and dated December 5, 2016. (b) Withdrawal \nExcept as provided in subsection (d) and subject to valid existing rights, the approximately 234,328 acres of Federal land and waters in the Rainy River Watershed of the Superior National Forest in the State of Minnesota, as located on the Map and described in the Federal Register Notice of Application for Withdrawal, dated January 19, 2017 (82 Fed. Reg. 6639), are hereby withdrawn from— (1) all forms of entry, appropriation, and disposal under the public land laws; (2) location, entry, and patent under the mining laws; and (3) operation of the mineral leasing, mineral materials, and geothermal leasing laws. (c) Acquired land \nAny land or interest in land within the area depicted on the Map that is acquired by the United States after the date of enactment of this Act shall, on acquisition, be immediately withdrawn in accordance with this section. (d) Removal of sand, gravel, granite, iron ore, and taconite \nThe Chief of the Forest Service is authorized to permit the removal of sand, gravel, granite, iron ore, and taconite from national forest system lands within the area depicted on the Map if the Chief determines that the removal is not detrimental to the water quality, air quality, and health of the forest habitat within the Rainy River Watershed. (e) Availability of map \nThe Map shall be kept on file and made available for public inspection in the appropriate offices of the Forest Service and the Bureau of Land Management.", "id": "HCBA2B2E0328845C1903AC22A07484690", "header": "Withdrawal of certain Federal lands and waters in the State of Minnesota", "nested": [ { "text": "(a) Definition of map \nIn this Act, the term Map means the map prepared by the Forest Service entitled Superior National Forest Mineral Withdrawal Application Map and dated December 5, 2016.", "id": "H2DCFEF8F1E10427EBF4928AF57C9205B", "header": "Definition of map", "nested": [], "links": [] }, { "text": "(b) Withdrawal \nExcept as provided in subsection (d) and subject to valid existing rights, the approximately 234,328 acres of Federal land and waters in the Rainy River Watershed of the Superior National Forest in the State of Minnesota, as located on the Map and described in the Federal Register Notice of Application for Withdrawal, dated January 19, 2017 (82 Fed. Reg. 6639), are hereby withdrawn from— (1) all forms of entry, appropriation, and disposal under the public land laws; (2) location, entry, and patent under the mining laws; and (3) operation of the mineral leasing, mineral materials, and geothermal leasing laws.", "id": "HEEEA8466BEF04A928EEA1A10FAC78833", "header": "Withdrawal", "nested": [], "links": [] }, { "text": "(c) Acquired land \nAny land or interest in land within the area depicted on the Map that is acquired by the United States after the date of enactment of this Act shall, on acquisition, be immediately withdrawn in accordance with this section.", "id": "H62EC7FEB0E6E45B3BB6E220EB26FC855", "header": "Acquired land", "nested": [], "links": [] }, { "text": "(d) Removal of sand, gravel, granite, iron ore, and taconite \nThe Chief of the Forest Service is authorized to permit the removal of sand, gravel, granite, iron ore, and taconite from national forest system lands within the area depicted on the Map if the Chief determines that the removal is not detrimental to the water quality, air quality, and health of the forest habitat within the Rainy River Watershed.", "id": "H0DB8893B8E12400390D58FF4B6C55369", "header": "Removal of sand, gravel, granite, iron ore, and taconite", "nested": [], "links": [] }, { "text": "(e) Availability of map \nThe Map shall be kept on file and made available for public inspection in the appropriate offices of the Forest Service and the Bureau of Land Management.", "id": "HFCB8A0EF49A04F3190DFAAD07DAA742A", "header": "Availability of map", "nested": [], "links": [] } ], "links": [] } ]
3
1. Short title This Act may be cited as the Boundary Waters Wilderness Protection and Pollution Prevention Act. 2. Findings Congress finds the following: (1) The Boundary Waters Canoe Area Wilderness is a 1,090,000-acre Federal wilderness area, located within the Superior National Forest, that was originally designated in the Wilderness Act of 1964 ( Public Law 88–577 ). (2) The Forest Service manages the Boundary Waters Canoe Area Wilderness, which includes— (A) nearly 2,000 pristine lakes ranging in size from 10 acres to 10,000 acres, and more than 1,200 miles of canoe routes; (B) 1,500 cultural resource sites including historic Ojibwe village sites and Native American pictograph panel sites; and (C) 150 miles of land and water on the international border with the Government of Canada. (3) In 1978, Congress passed the Boundary Waters Canoe Area Wilderness Act ( Public Law 95–495 ) to remove incompatible uses, prohibit mining within the Boundary Waters Canoe Area Wilderness and on 220,000 acres of the Superior National Forest, and to provide management guidance to protect, preserve, and enhance the lakes, waterways, and forested areas of the Boundary Waters Canoe Area Wilderness to enhance public enjoyment of the unique landscape and wildlife. (4) The federally recognized Grand Portage Band of Lake Superior Chippewa, the Fond du Lac Band of Lake Superior Chippewa, and the Bois Forte Band of Chippewa retain hunting, fishing, and other usufructuary rights throughout the entire northeast portion of Minnesota, including the Boundary Waters Canoe Area Wilderness, under the 1854 Treaty of LaPointe. All Bands have a legal interest in protecting natural resources and the Forest Service shares in the Federal trust responsibility to maintain treaty resources. (5) The Rainy River Watershed lies within the Superior National Forest, which contains 20 percent of the fresh water supply in the entire National Forest System. (6) The Rainy River Watershed headwaters begin in northeastern Minnesota and flow north through the Boundary Waters Canoe Area Wilderness and Voyageurs National Park and into Canada along the shared international border. These international waters are governed by the 1909 Boundary Waters Treaty, which states that boundary waters and the waters flowing across the boundary shall not be polluted on either side to the injury of health or property on the other. (7) The waters of the Boundary Waters Canoe Area Wilderness and Voyageurs National Park are classified as Outstanding Resource Value Waters under Federal and State law, and degradation of water quality is prohibited. A risk of mining development is acid mine drainage which generally occurs when sulfide minerals are exposed to air and water creating sulfuric acid, which decreases water pH and leaches harmful metals such as copper, zinc, lead, cadmium, iron, and nickel. (8) Acid mine runoff from sulfide-ore copper mining entering groundwater, rivers, streams, and lakes harms aquatic life, degrades water quality, and results in potential severe environmental impacts. (9) A peer-reviewed study of water quality impacts from 14 operating United States copper sulfide mines found 100 percent of the mines experienced pipeline spills or accidental releases: 13 mines experienced failures of water collection and treatment systems to control contaminated mine seepage resulting in significant negative water quality impacts. (10) The mining of copper and other metals in sulfide bearing ore on Federal lands in the Superior National Forest, within the Rainy River Watershed, poses a direct and long-term threat from sulfide-ore mining contamination to the pristine water and air quality and healthy forested habitat of the Boundary Waters Canoe Area Wilderness and Voyageurs National Park. (11) The likely contamination of the air, water, and forested habitat of the Boundary Waters Canoe Area Wilderness and Voyageurs National Park from the mining of copper, nickel, platinum, palladium, gold, and silver on Federal lands within the Rainy River Watershed puts at risk— (A) the nationally recognized natural resources of the area; and (B) the region’s amenity-based and tourism industry, which if protected by a mineral withdrawal, would grow by 1,500 to 4,600 more jobs and $100,000,000 to $900,000,000 more income over the next 20 years than if such mining were not banned. (12) In 2016, the Forest Service issued a Record of Decision which found unacceptable the inherent potential risk that development of a regionally untested copper-nickel sulfide ore mine within the same watershed as the Boundary Waters Canoe Area Wilderness might cause serious and irreplaceable harm to this unique, iconic, and irreplaceable wilderness area. The Forest Service subsequently proposed a 20-year mineral withdrawal of 234,328 acres of Federal lands and waters in the Rainy River Watershed. (13) In 2018, approximately 20 months into a 24-month review period of the Rainy River Watershed mineral withdrawal proposal, the Department of Agriculture abruptly canceled the withdrawal application and abandoned the Environmental Assessment. 3. Withdrawal of certain Federal lands and waters in the State of Minnesota (a) Definition of map In this Act, the term Map means the map prepared by the Forest Service entitled Superior National Forest Mineral Withdrawal Application Map and dated December 5, 2016. (b) Withdrawal Except as provided in subsection (d) and subject to valid existing rights, the approximately 234,328 acres of Federal land and waters in the Rainy River Watershed of the Superior National Forest in the State of Minnesota, as located on the Map and described in the Federal Register Notice of Application for Withdrawal, dated January 19, 2017 (82 Fed. Reg. 6639), are hereby withdrawn from— (1) all forms of entry, appropriation, and disposal under the public land laws; (2) location, entry, and patent under the mining laws; and (3) operation of the mineral leasing, mineral materials, and geothermal leasing laws. (c) Acquired land Any land or interest in land within the area depicted on the Map that is acquired by the United States after the date of enactment of this Act shall, on acquisition, be immediately withdrawn in accordance with this section. (d) Removal of sand, gravel, granite, iron ore, and taconite The Chief of the Forest Service is authorized to permit the removal of sand, gravel, granite, iron ore, and taconite from national forest system lands within the area depicted on the Map if the Chief determines that the removal is not detrimental to the water quality, air quality, and health of the forest habitat within the Rainy River Watershed. (e) Availability of map The Map shall be kept on file and made available for public inspection in the appropriate offices of the Forest Service and the Bureau of Land Management.
6,866
[ "Natural Resources Committee" ]
118hr3768ih
118
hr
3,768
ih
To address maternity care shortages and promote optimal maternity outcomes by expanding educational opportunities for midwives, and for other purposes.
[ { "text": "1. Short title \nThis Act may be cited as the Midwives for Maximizing Optimal Maternity Services Act of 2023 or the Midwives for MOMS Act of 2023.", "id": "HEBB0E9C530C340F3BDE7F4BC4F433D7D", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Midwifery schools and programs \n(a) In general \nTitle VII of the Public Health Service Act is amended by inserting after section 760 of such Act ( 42 U.S.C. 294k ) the following: 760A. Midwifery schools and programs \n(a) In general \nThe Secretary may award grants to institutions of higher education (as defined in subsections (a) and (b) of section 101 of the Higher Education Act of 1965) for the following: (1) Direct support of students in an accredited midwifery school or program. (2) Establishment or expansion of an accredited midwifery school or program. (3) Securing, preparing, or providing support for increasing the number of, qualified preceptors for training the students of an accredited midwifery school or program. (b) Special considerations \nIn awarding grants under subsection (a), the Secretary shall give special consideration to any institution of higher education that— (1) agrees to prioritize students who plan to practice in a health professional shortage area designated under section 332; and (2) demonstrates a focus on increasing racial and ethnic minority representation in midwifery education. (c) Restriction \nThe Secretary shall not provide any assistance under this section to be used with respect to a midwifery school or program within a school of nursing (as defined in section 801). (d) Authorization of appropriations \n(1) In general \nThere is authorized to be appropriated to carry out this section $15,000,000 for the period of fiscal years 2024 through 2028. (2) Allocation \nOf the amounts made available to carry out this section for any fiscal year, the Secretary shall use— (A) 50 percent for subsection (a)(1); (B) 25 percent for subsection (a)(2); and (C) 25 percent for subsection (a)(3).. (b) Definitions \n(1) Midwifery school or program \nSection 799B(1)(A) of the Public Health Service Act ( 42 U.S.C. 295p(1)(A) ) is amended— (A) by inserting midwifery school or program , before and school of chiropractic ; (B) by inserting a degree or certificate in midwifery or an equivalent degree or certificate, before and a degree of doctor of chiropractic or an equivalent degree ; and (C) by striking any such school and inserting any such school or program. (2) Accredited \nSection 799B(1)(E) of the Public Health Service Act ( 42 U.S.C. 295p(1)(E) ) is amended by inserting or a midwifery school or program, before or a graduate program in health administration.", "id": "HCE3000B3D38F4A6B86B2DCA962BC2A63", "header": "Midwifery schools and programs", "nested": [ { "text": "(a) In general \nTitle VII of the Public Health Service Act is amended by inserting after section 760 of such Act ( 42 U.S.C. 294k ) the following: 760A. Midwifery schools and programs \n(a) In general \nThe Secretary may award grants to institutions of higher education (as defined in subsections (a) and (b) of section 101 of the Higher Education Act of 1965) for the following: (1) Direct support of students in an accredited midwifery school or program. (2) Establishment or expansion of an accredited midwifery school or program. (3) Securing, preparing, or providing support for increasing the number of, qualified preceptors for training the students of an accredited midwifery school or program. (b) Special considerations \nIn awarding grants under subsection (a), the Secretary shall give special consideration to any institution of higher education that— (1) agrees to prioritize students who plan to practice in a health professional shortage area designated under section 332; and (2) demonstrates a focus on increasing racial and ethnic minority representation in midwifery education. (c) Restriction \nThe Secretary shall not provide any assistance under this section to be used with respect to a midwifery school or program within a school of nursing (as defined in section 801). (d) Authorization of appropriations \n(1) In general \nThere is authorized to be appropriated to carry out this section $15,000,000 for the period of fiscal years 2024 through 2028. (2) Allocation \nOf the amounts made available to carry out this section for any fiscal year, the Secretary shall use— (A) 50 percent for subsection (a)(1); (B) 25 percent for subsection (a)(2); and (C) 25 percent for subsection (a)(3)..", "id": "H69BF9C29E5A849F29543E214FD5376E2", "header": "In general", "nested": [], "links": [ { "text": "42 U.S.C. 294k", "legal-doc": "usc", "parsable-cite": "usc/42/294k" } ] }, { "text": "(b) Definitions \n(1) Midwifery school or program \nSection 799B(1)(A) of the Public Health Service Act ( 42 U.S.C. 295p(1)(A) ) is amended— (A) by inserting midwifery school or program , before and school of chiropractic ; (B) by inserting a degree or certificate in midwifery or an equivalent degree or certificate, before and a degree of doctor of chiropractic or an equivalent degree ; and (C) by striking any such school and inserting any such school or program. (2) Accredited \nSection 799B(1)(E) of the Public Health Service Act ( 42 U.S.C. 295p(1)(E) ) is amended by inserting or a midwifery school or program, before or a graduate program in health administration.", "id": "HACF15C742B834BB68F2A42FE07D6BA48", "header": "Definitions", "nested": [], "links": [ { "text": "42 U.S.C. 295p(1)(A)", "legal-doc": "usc", "parsable-cite": "usc/42/295p" }, { "text": "42 U.S.C. 295p(1)(E)", "legal-doc": "usc", "parsable-cite": "usc/42/295p" } ] } ], "links": [ { "text": "42 U.S.C. 294k", "legal-doc": "usc", "parsable-cite": "usc/42/294k" }, { "text": "42 U.S.C. 295p(1)(A)", "legal-doc": "usc", "parsable-cite": "usc/42/295p" }, { "text": "42 U.S.C. 295p(1)(E)", "legal-doc": "usc", "parsable-cite": "usc/42/295p" } ] }, { "text": "760A. Midwifery schools and programs \n(a) In general \nThe Secretary may award grants to institutions of higher education (as defined in subsections (a) and (b) of section 101 of the Higher Education Act of 1965) for the following: (1) Direct support of students in an accredited midwifery school or program. (2) Establishment or expansion of an accredited midwifery school or program. (3) Securing, preparing, or providing support for increasing the number of, qualified preceptors for training the students of an accredited midwifery school or program. (b) Special considerations \nIn awarding grants under subsection (a), the Secretary shall give special consideration to any institution of higher education that— (1) agrees to prioritize students who plan to practice in a health professional shortage area designated under section 332; and (2) demonstrates a focus on increasing racial and ethnic minority representation in midwifery education. (c) Restriction \nThe Secretary shall not provide any assistance under this section to be used with respect to a midwifery school or program within a school of nursing (as defined in section 801). (d) Authorization of appropriations \n(1) In general \nThere is authorized to be appropriated to carry out this section $15,000,000 for the period of fiscal years 2024 through 2028. (2) Allocation \nOf the amounts made available to carry out this section for any fiscal year, the Secretary shall use— (A) 50 percent for subsection (a)(1); (B) 25 percent for subsection (a)(2); and (C) 25 percent for subsection (a)(3).", "id": "HEA157E63C9CB43FD84DDCA1FF788E963", "header": "Midwifery schools and programs", "nested": [ { "text": "(a) In general \nThe Secretary may award grants to institutions of higher education (as defined in subsections (a) and (b) of section 101 of the Higher Education Act of 1965) for the following: (1) Direct support of students in an accredited midwifery school or program. (2) Establishment or expansion of an accredited midwifery school or program. (3) Securing, preparing, or providing support for increasing the number of, qualified preceptors for training the students of an accredited midwifery school or program.", "id": "H72E9CC1F83D745839A670056E0BEEF82", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Special considerations \nIn awarding grants under subsection (a), the Secretary shall give special consideration to any institution of higher education that— (1) agrees to prioritize students who plan to practice in a health professional shortage area designated under section 332; and (2) demonstrates a focus on increasing racial and ethnic minority representation in midwifery education.", "id": "HFC49CA296706496DAF9D4269F70AECA3", "header": "Special considerations", "nested": [], "links": [] }, { "text": "(c) Restriction \nThe Secretary shall not provide any assistance under this section to be used with respect to a midwifery school or program within a school of nursing (as defined in section 801).", "id": "HC8844B4026BB4CF18A8933DCBBA207A2", "header": "Restriction", "nested": [], "links": [] }, { "text": "(d) Authorization of appropriations \n(1) In general \nThere is authorized to be appropriated to carry out this section $15,000,000 for the period of fiscal years 2024 through 2028. (2) Allocation \nOf the amounts made available to carry out this section for any fiscal year, the Secretary shall use— (A) 50 percent for subsection (a)(1); (B) 25 percent for subsection (a)(2); and (C) 25 percent for subsection (a)(3).", "id": "HB442D4D3B5514B03BD673F0B24ED0993", "header": "Authorization of appropriations", "nested": [], "links": [] } ], "links": [] }, { "text": "3. Nurse-midwives \nTitle VIII of the Public Health Service Act is amended by inserting after section 811 of such Act ( 42 U.S.C. 296j ) the following: 812. Midwifery expansion program \n(a) In general \nThe Secretary may award grants to schools of nursing for the following: (1) Direct support of students in an accredited nurse-midwifery school or program. (2) Establishment or expansion of an accredited nurse-midwifery school or program. (3) Securing, preparing, or providing support for increasing the numbers of, preceptors at clinical training sites to precept students training to become certified nurse-midwives. (b) Special considerations \nIn awarding grants under subsection (a), the Secretary shall give special consideration to any school of nursing that— (1) agrees to prioritize students who choose to pursue an advanced education degree in nurse-midwifery to practice in a health professional shortage area designated under section 332; and (2) demonstrates a focus on increasing racial and ethnic minority representation in nurse-midwifery education. (c) Authorization of appropriations \n(1) In general \nTo carry out this section, there is authorized to be appropriated $20,000,000 for the period of fiscal years 2024 through 2028. (2) Allocation \nOf the amounts made available to carry out this section for any fiscal year, the Secretary shall use— (A) 50 percent for subsection (a)(1); (B) 25 percent for subsection (a)(2); and (C) 25 percent for subsection (a)(3)..", "id": "H1AD6B4C788F841E7B6B34894F0653CE3", "header": "Nurse-midwives", "nested": [], "links": [ { "text": "42 U.S.C. 296j", "legal-doc": "usc", "parsable-cite": "usc/42/296j" } ] }, { "text": "812. Midwifery expansion program \n(a) In general \nThe Secretary may award grants to schools of nursing for the following: (1) Direct support of students in an accredited nurse-midwifery school or program. (2) Establishment or expansion of an accredited nurse-midwifery school or program. (3) Securing, preparing, or providing support for increasing the numbers of, preceptors at clinical training sites to precept students training to become certified nurse-midwives. (b) Special considerations \nIn awarding grants under subsection (a), the Secretary shall give special consideration to any school of nursing that— (1) agrees to prioritize students who choose to pursue an advanced education degree in nurse-midwifery to practice in a health professional shortage area designated under section 332; and (2) demonstrates a focus on increasing racial and ethnic minority representation in nurse-midwifery education. (c) Authorization of appropriations \n(1) In general \nTo carry out this section, there is authorized to be appropriated $20,000,000 for the period of fiscal years 2024 through 2028. (2) Allocation \nOf the amounts made available to carry out this section for any fiscal year, the Secretary shall use— (A) 50 percent for subsection (a)(1); (B) 25 percent for subsection (a)(2); and (C) 25 percent for subsection (a)(3).", "id": "H3AA9ACB512C3439C9469D1DC900D8A1D", "header": "Midwifery expansion program", "nested": [ { "text": "(a) In general \nThe Secretary may award grants to schools of nursing for the following: (1) Direct support of students in an accredited nurse-midwifery school or program. (2) Establishment or expansion of an accredited nurse-midwifery school or program. (3) Securing, preparing, or providing support for increasing the numbers of, preceptors at clinical training sites to precept students training to become certified nurse-midwives.", "id": "HAB7049F0D7A04238A553E9358CD31104", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Special considerations \nIn awarding grants under subsection (a), the Secretary shall give special consideration to any school of nursing that— (1) agrees to prioritize students who choose to pursue an advanced education degree in nurse-midwifery to practice in a health professional shortage area designated under section 332; and (2) demonstrates a focus on increasing racial and ethnic minority representation in nurse-midwifery education.", "id": "HE15335733AB1427C98B42531B7E45759", "header": "Special considerations", "nested": [], "links": [] }, { "text": "(c) Authorization of appropriations \n(1) In general \nTo carry out this section, there is authorized to be appropriated $20,000,000 for the period of fiscal years 2024 through 2028. (2) Allocation \nOf the amounts made available to carry out this section for any fiscal year, the Secretary shall use— (A) 50 percent for subsection (a)(1); (B) 25 percent for subsection (a)(2); and (C) 25 percent for subsection (a)(3).", "id": "HC2D8C851F2864AA2B26AAFC38DA115DF", "header": "Authorization of appropriations", "nested": [], "links": [] } ], "links": [] } ]
5
1. Short title This Act may be cited as the Midwives for Maximizing Optimal Maternity Services Act of 2023 or the Midwives for MOMS Act of 2023. 2. Midwifery schools and programs (a) In general Title VII of the Public Health Service Act is amended by inserting after section 760 of such Act ( 42 U.S.C. 294k ) the following: 760A. Midwifery schools and programs (a) In general The Secretary may award grants to institutions of higher education (as defined in subsections (a) and (b) of section 101 of the Higher Education Act of 1965) for the following: (1) Direct support of students in an accredited midwifery school or program. (2) Establishment or expansion of an accredited midwifery school or program. (3) Securing, preparing, or providing support for increasing the number of, qualified preceptors for training the students of an accredited midwifery school or program. (b) Special considerations In awarding grants under subsection (a), the Secretary shall give special consideration to any institution of higher education that— (1) agrees to prioritize students who plan to practice in a health professional shortage area designated under section 332; and (2) demonstrates a focus on increasing racial and ethnic minority representation in midwifery education. (c) Restriction The Secretary shall not provide any assistance under this section to be used with respect to a midwifery school or program within a school of nursing (as defined in section 801). (d) Authorization of appropriations (1) In general There is authorized to be appropriated to carry out this section $15,000,000 for the period of fiscal years 2024 through 2028. (2) Allocation Of the amounts made available to carry out this section for any fiscal year, the Secretary shall use— (A) 50 percent for subsection (a)(1); (B) 25 percent for subsection (a)(2); and (C) 25 percent for subsection (a)(3).. (b) Definitions (1) Midwifery school or program Section 799B(1)(A) of the Public Health Service Act ( 42 U.S.C. 295p(1)(A) ) is amended— (A) by inserting midwifery school or program , before and school of chiropractic ; (B) by inserting a degree or certificate in midwifery or an equivalent degree or certificate, before and a degree of doctor of chiropractic or an equivalent degree ; and (C) by striking any such school and inserting any such school or program. (2) Accredited Section 799B(1)(E) of the Public Health Service Act ( 42 U.S.C. 295p(1)(E) ) is amended by inserting or a midwifery school or program, before or a graduate program in health administration. 760A. Midwifery schools and programs (a) In general The Secretary may award grants to institutions of higher education (as defined in subsections (a) and (b) of section 101 of the Higher Education Act of 1965) for the following: (1) Direct support of students in an accredited midwifery school or program. (2) Establishment or expansion of an accredited midwifery school or program. (3) Securing, preparing, or providing support for increasing the number of, qualified preceptors for training the students of an accredited midwifery school or program. (b) Special considerations In awarding grants under subsection (a), the Secretary shall give special consideration to any institution of higher education that— (1) agrees to prioritize students who plan to practice in a health professional shortage area designated under section 332; and (2) demonstrates a focus on increasing racial and ethnic minority representation in midwifery education. (c) Restriction The Secretary shall not provide any assistance under this section to be used with respect to a midwifery school or program within a school of nursing (as defined in section 801). (d) Authorization of appropriations (1) In general There is authorized to be appropriated to carry out this section $15,000,000 for the period of fiscal years 2024 through 2028. (2) Allocation Of the amounts made available to carry out this section for any fiscal year, the Secretary shall use— (A) 50 percent for subsection (a)(1); (B) 25 percent for subsection (a)(2); and (C) 25 percent for subsection (a)(3). 3. Nurse-midwives Title VIII of the Public Health Service Act is amended by inserting after section 811 of such Act ( 42 U.S.C. 296j ) the following: 812. Midwifery expansion program (a) In general The Secretary may award grants to schools of nursing for the following: (1) Direct support of students in an accredited nurse-midwifery school or program. (2) Establishment or expansion of an accredited nurse-midwifery school or program. (3) Securing, preparing, or providing support for increasing the numbers of, preceptors at clinical training sites to precept students training to become certified nurse-midwives. (b) Special considerations In awarding grants under subsection (a), the Secretary shall give special consideration to any school of nursing that— (1) agrees to prioritize students who choose to pursue an advanced education degree in nurse-midwifery to practice in a health professional shortage area designated under section 332; and (2) demonstrates a focus on increasing racial and ethnic minority representation in nurse-midwifery education. (c) Authorization of appropriations (1) In general To carry out this section, there is authorized to be appropriated $20,000,000 for the period of fiscal years 2024 through 2028. (2) Allocation Of the amounts made available to carry out this section for any fiscal year, the Secretary shall use— (A) 50 percent for subsection (a)(1); (B) 25 percent for subsection (a)(2); and (C) 25 percent for subsection (a)(3).. 812. Midwifery expansion program (a) In general The Secretary may award grants to schools of nursing for the following: (1) Direct support of students in an accredited nurse-midwifery school or program. (2) Establishment or expansion of an accredited nurse-midwifery school or program. (3) Securing, preparing, or providing support for increasing the numbers of, preceptors at clinical training sites to precept students training to become certified nurse-midwives. (b) Special considerations In awarding grants under subsection (a), the Secretary shall give special consideration to any school of nursing that— (1) agrees to prioritize students who choose to pursue an advanced education degree in nurse-midwifery to practice in a health professional shortage area designated under section 332; and (2) demonstrates a focus on increasing racial and ethnic minority representation in nurse-midwifery education. (c) Authorization of appropriations (1) In general To carry out this section, there is authorized to be appropriated $20,000,000 for the period of fiscal years 2024 through 2028. (2) Allocation Of the amounts made available to carry out this section for any fiscal year, the Secretary shall use— (A) 50 percent for subsection (a)(1); (B) 25 percent for subsection (a)(2); and (C) 25 percent for subsection (a)(3).
6,934
[ "Energy and Commerce Committee" ]
118hr3342ih
118
hr
3,342
ih
To amend the Communications Act of 1934 to provide that certain projects for the placement and installation of communications facilities are not subject to requirements to prepare certain environmental or historical preservation reviews, and for other purposes.
[ { "text": "1. Short title \nThis Act may be cited as the Streamlining Permitting to Enable Efficient Deployment for Broadband Infrastructure Act of 2023 or the SPEED for Broadband Infrastructure Act of 2023.", "id": "H7AC545843684400B8C9FEBDF550BF620", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Exemption from review for certain communications facilities \nTitle I of the Communications Act of 1934 ( 47 U.S.C. 151 et seq. ) is amended by adding at the end the following: 14. Exemption from review for certain communications facilities \n(a) Permitting of covered projects \n(1) NEPA exemption \nA Federal authorization with respect to a covered project may not be considered a major Federal action under section 102(2)(C) of the National Environmental Policy Act of 1969 ( 42 U.S.C. 4332(2)(C) ). (2) National Historic Preservation Act exemption \nA covered project may not be considered an undertaking under section 300320 of title 54, United States Code. (3) Savings clause \nNothing in this subsection may be construed to affect— (A) the obligation of the Commission to evaluate radiofrequency exposure under the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ); (B) except as explicitly provided in this subsection, the obligation of a provider of a communications service to comply with the National Environmental Policy Act of 1969 or division A of subtitle III of title 54, United States Code; (C) the authority of a State or local government to apply and enforce the zoning and other land use regulations of the State or local government to the extent consistent with this subsection and sections 253, 332(c)(7), and 621; or (D) the authority or obligations established under section 20156(e) of title 49, United States Code. (b) Grant of easement on Federal property \n(1) NEPA exemption \nA Federal authorization with respect to a covered easement for a communications facility may not be considered a major Federal action under section 102(2)(C) of the National Environmental Policy Act of 1969 ( 42 U.S.C. 4332(2)(C) ), if a covered easement has previously been granted for another communications facility or a utility facility with respect to the same building or other property owned by the Federal Government. (2) National Historic Preservation Act exemption \nA covered easement for a communications facility may not be considered an undertaking under section 300320 of title 54, United States Code, if a covered easement has previously been granted for another communications facility or a utility facility with respect to the same building or other property owned by the Federal Government. (c) Definitions \nIn this section: (1) Antenna \nThe term antenna means communications equipment that transmits or receives electromagnetic radio frequency signals used in the provision of wireless services. (2) Communications facility \nThe term communications facility has the meaning given the term communications facility installation in section 6409(d) of the Middle Class Tax Relief and Job Creation Act of 2012 ( 47 U.S.C. 1455(d) ). (3) Covered easement \nThe term covered easement means an easement, right-of-way, or lease with respect to a building or other property owned by the Federal Government, excluding Tribal land held in trust by the Federal Government (unless the Tribal Government with respect to such land requests that the Commission not exclude the land for purposes of this definition), for the right to install, construct, modify, or maintain a communications facility or a utility facility. (4) Covered project \nThe term covered project means the placement and installation of a new communications facility if— (A) such new facility— (i) will be located within a public right-of-way; and (ii) is not more than 50 feet tall or 10 feet taller than any existing structure in the public right-of-way, whichever is higher; (B) such new facility is— (i) a replacement for an existing communications facility; and (ii) the same as, or substantially similar to (as such term is defined by the Commission), the existing communications facility that such new communications facility is replacing; (C) such new facility is a type of communications facility that— (i) is described in section 6409(d)(1)(B) of the Middle Class Tax Relief and Job Creation Act of 2012 ( 47 U.S.C. 1455(d)(1)(B) ); and (ii) meets the size limitation of a small antenna established by the Commission; or (D) the placement and installation of such new facility involves the expansion of the site of an existing communications facility not more than 30 feet in any direction. (5) Federal authorization \nThe term Federal authorization — (A) means any authorization required under Federal law with respect to a project; and (B) includes any permits, special use authorizations, certifications, opinions, or other approvals as may be required under Federal law with respect to a project. (6) Public right-of-way \nThe term public right-of-way — (A) means— (i) the area on, below, or above a public roadway, highway, street, sidewalk, alley, or similar property; and (ii) any land immediately adjacent to and contiguous with property described in clause (i) that is within the right-of-way grant; and (B) does not include a portion of the Interstate System (as such term is defined in section 101(a) of title 23, United States Code). (7) Utility facility \nThe term utility facility means any privately, publicly, or cooperatively owned line, facility, or system for producing, transmitting, or distributing power, electricity, light, heat, gas, oil, crude products, water, steam, waste, storm water not connected with highway drainage, or any other similar commodity, including any fire or police signal system or street lighting system, that directly or indirectly serves the public. (8) Wireless service \nThe term wireless service means the transmission by radio communication of voice, video, or data communications services, including Internet Protocol or any successor protocol-enabled services, or any combination of those services, whether provided on a licensed or permitted unlicensed basis..", "id": "H2E755E22E80D4EB7B6000781F8F2A86C", "header": "Exemption from review for certain communications facilities", "nested": [], "links": [ { "text": "47 U.S.C. 151 et seq.", "legal-doc": "usc", "parsable-cite": "usc/47/151" }, { "text": "42 U.S.C. 4332(2)(C)", "legal-doc": "usc", "parsable-cite": "usc/42/4332" }, { "text": "42 U.S.C. 4321 et seq.", "legal-doc": "usc", "parsable-cite": "usc/42/4321" }, { "text": "42 U.S.C. 4332(2)(C)", "legal-doc": "usc", "parsable-cite": "usc/42/4332" }, { "text": "47 U.S.C. 1455(d)", "legal-doc": "usc", "parsable-cite": "usc/47/1455" }, { "text": "47 U.S.C. 1455(d)(1)(B)", "legal-doc": "usc", "parsable-cite": "usc/47/1455" } ] }, { "text": "14. Exemption from review for certain communications facilities \n(a) Permitting of covered projects \n(1) NEPA exemption \nA Federal authorization with respect to a covered project may not be considered a major Federal action under section 102(2)(C) of the National Environmental Policy Act of 1969 ( 42 U.S.C. 4332(2)(C) ). (2) National Historic Preservation Act exemption \nA covered project may not be considered an undertaking under section 300320 of title 54, United States Code. (3) Savings clause \nNothing in this subsection may be construed to affect— (A) the obligation of the Commission to evaluate radiofrequency exposure under the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ); (B) except as explicitly provided in this subsection, the obligation of a provider of a communications service to comply with the National Environmental Policy Act of 1969 or division A of subtitle III of title 54, United States Code; (C) the authority of a State or local government to apply and enforce the zoning and other land use regulations of the State or local government to the extent consistent with this subsection and sections 253, 332(c)(7), and 621; or (D) the authority or obligations established under section 20156(e) of title 49, United States Code. (b) Grant of easement on Federal property \n(1) NEPA exemption \nA Federal authorization with respect to a covered easement for a communications facility may not be considered a major Federal action under section 102(2)(C) of the National Environmental Policy Act of 1969 ( 42 U.S.C. 4332(2)(C) ), if a covered easement has previously been granted for another communications facility or a utility facility with respect to the same building or other property owned by the Federal Government. (2) National Historic Preservation Act exemption \nA covered easement for a communications facility may not be considered an undertaking under section 300320 of title 54, United States Code, if a covered easement has previously been granted for another communications facility or a utility facility with respect to the same building or other property owned by the Federal Government. (c) Definitions \nIn this section: (1) Antenna \nThe term antenna means communications equipment that transmits or receives electromagnetic radio frequency signals used in the provision of wireless services. (2) Communications facility \nThe term communications facility has the meaning given the term communications facility installation in section 6409(d) of the Middle Class Tax Relief and Job Creation Act of 2012 ( 47 U.S.C. 1455(d) ). (3) Covered easement \nThe term covered easement means an easement, right-of-way, or lease with respect to a building or other property owned by the Federal Government, excluding Tribal land held in trust by the Federal Government (unless the Tribal Government with respect to such land requests that the Commission not exclude the land for purposes of this definition), for the right to install, construct, modify, or maintain a communications facility or a utility facility. (4) Covered project \nThe term covered project means the placement and installation of a new communications facility if— (A) such new facility— (i) will be located within a public right-of-way; and (ii) is not more than 50 feet tall or 10 feet taller than any existing structure in the public right-of-way, whichever is higher; (B) such new facility is— (i) a replacement for an existing communications facility; and (ii) the same as, or substantially similar to (as such term is defined by the Commission), the existing communications facility that such new communications facility is replacing; (C) such new facility is a type of communications facility that— (i) is described in section 6409(d)(1)(B) of the Middle Class Tax Relief and Job Creation Act of 2012 ( 47 U.S.C. 1455(d)(1)(B) ); and (ii) meets the size limitation of a small antenna established by the Commission; or (D) the placement and installation of such new facility involves the expansion of the site of an existing communications facility not more than 30 feet in any direction. (5) Federal authorization \nThe term Federal authorization — (A) means any authorization required under Federal law with respect to a project; and (B) includes any permits, special use authorizations, certifications, opinions, or other approvals as may be required under Federal law with respect to a project. (6) Public right-of-way \nThe term public right-of-way — (A) means— (i) the area on, below, or above a public roadway, highway, street, sidewalk, alley, or similar property; and (ii) any land immediately adjacent to and contiguous with property described in clause (i) that is within the right-of-way grant; and (B) does not include a portion of the Interstate System (as such term is defined in section 101(a) of title 23, United States Code). (7) Utility facility \nThe term utility facility means any privately, publicly, or cooperatively owned line, facility, or system for producing, transmitting, or distributing power, electricity, light, heat, gas, oil, crude products, water, steam, waste, storm water not connected with highway drainage, or any other similar commodity, including any fire or police signal system or street lighting system, that directly or indirectly serves the public. (8) Wireless service \nThe term wireless service means the transmission by radio communication of voice, video, or data communications services, including Internet Protocol or any successor protocol-enabled services, or any combination of those services, whether provided on a licensed or permitted unlicensed basis.", "id": "HF32C7D98FCC54D2F80816DE1E217B19C", "header": "Exemption from review for certain communications facilities", "nested": [ { "text": "(a) Permitting of covered projects \n(1) NEPA exemption \nA Federal authorization with respect to a covered project may not be considered a major Federal action under section 102(2)(C) of the National Environmental Policy Act of 1969 ( 42 U.S.C. 4332(2)(C) ). (2) National Historic Preservation Act exemption \nA covered project may not be considered an undertaking under section 300320 of title 54, United States Code. (3) Savings clause \nNothing in this subsection may be construed to affect— (A) the obligation of the Commission to evaluate radiofrequency exposure under the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ); (B) except as explicitly provided in this subsection, the obligation of a provider of a communications service to comply with the National Environmental Policy Act of 1969 or division A of subtitle III of title 54, United States Code; (C) the authority of a State or local government to apply and enforce the zoning and other land use regulations of the State or local government to the extent consistent with this subsection and sections 253, 332(c)(7), and 621; or (D) the authority or obligations established under section 20156(e) of title 49, United States Code.", "id": "HC1CD4FD031074206993AD8D3CA8F68D4", "header": "Permitting of covered projects", "nested": [], "links": [ { "text": "42 U.S.C. 4332(2)(C)", "legal-doc": "usc", "parsable-cite": "usc/42/4332" }, { "text": "42 U.S.C. 4321 et seq.", "legal-doc": "usc", "parsable-cite": "usc/42/4321" } ] }, { "text": "(b) Grant of easement on Federal property \n(1) NEPA exemption \nA Federal authorization with respect to a covered easement for a communications facility may not be considered a major Federal action under section 102(2)(C) of the National Environmental Policy Act of 1969 ( 42 U.S.C. 4332(2)(C) ), if a covered easement has previously been granted for another communications facility or a utility facility with respect to the same building or other property owned by the Federal Government. (2) National Historic Preservation Act exemption \nA covered easement for a communications facility may not be considered an undertaking under section 300320 of title 54, United States Code, if a covered easement has previously been granted for another communications facility or a utility facility with respect to the same building or other property owned by the Federal Government.", "id": "H0DCB8245A6984116BC4CF31738C66780", "header": "Grant of easement on Federal property", "nested": [], "links": [ { "text": "42 U.S.C. 4332(2)(C)", "legal-doc": "usc", "parsable-cite": "usc/42/4332" } ] }, { "text": "(c) Definitions \nIn this section: (1) Antenna \nThe term antenna means communications equipment that transmits or receives electromagnetic radio frequency signals used in the provision of wireless services. (2) Communications facility \nThe term communications facility has the meaning given the term communications facility installation in section 6409(d) of the Middle Class Tax Relief and Job Creation Act of 2012 ( 47 U.S.C. 1455(d) ). (3) Covered easement \nThe term covered easement means an easement, right-of-way, or lease with respect to a building or other property owned by the Federal Government, excluding Tribal land held in trust by the Federal Government (unless the Tribal Government with respect to such land requests that the Commission not exclude the land for purposes of this definition), for the right to install, construct, modify, or maintain a communications facility or a utility facility. (4) Covered project \nThe term covered project means the placement and installation of a new communications facility if— (A) such new facility— (i) will be located within a public right-of-way; and (ii) is not more than 50 feet tall or 10 feet taller than any existing structure in the public right-of-way, whichever is higher; (B) such new facility is— (i) a replacement for an existing communications facility; and (ii) the same as, or substantially similar to (as such term is defined by the Commission), the existing communications facility that such new communications facility is replacing; (C) such new facility is a type of communications facility that— (i) is described in section 6409(d)(1)(B) of the Middle Class Tax Relief and Job Creation Act of 2012 ( 47 U.S.C. 1455(d)(1)(B) ); and (ii) meets the size limitation of a small antenna established by the Commission; or (D) the placement and installation of such new facility involves the expansion of the site of an existing communications facility not more than 30 feet in any direction. (5) Federal authorization \nThe term Federal authorization — (A) means any authorization required under Federal law with respect to a project; and (B) includes any permits, special use authorizations, certifications, opinions, or other approvals as may be required under Federal law with respect to a project. (6) Public right-of-way \nThe term public right-of-way — (A) means— (i) the area on, below, or above a public roadway, highway, street, sidewalk, alley, or similar property; and (ii) any land immediately adjacent to and contiguous with property described in clause (i) that is within the right-of-way grant; and (B) does not include a portion of the Interstate System (as such term is defined in section 101(a) of title 23, United States Code). (7) Utility facility \nThe term utility facility means any privately, publicly, or cooperatively owned line, facility, or system for producing, transmitting, or distributing power, electricity, light, heat, gas, oil, crude products, water, steam, waste, storm water not connected with highway drainage, or any other similar commodity, including any fire or police signal system or street lighting system, that directly or indirectly serves the public. (8) Wireless service \nThe term wireless service means the transmission by radio communication of voice, video, or data communications services, including Internet Protocol or any successor protocol-enabled services, or any combination of those services, whether provided on a licensed or permitted unlicensed basis.", "id": "H09178DEA30844E859D197DAF81CF4E1C", "header": "Definitions", "nested": [], "links": [ { "text": "47 U.S.C. 1455(d)", "legal-doc": "usc", "parsable-cite": "usc/47/1455" }, { "text": "47 U.S.C. 1455(d)(1)(B)", "legal-doc": "usc", "parsable-cite": "usc/47/1455" } ] } ], "links": [ { "text": "42 U.S.C. 4332(2)(C)", "legal-doc": "usc", "parsable-cite": "usc/42/4332" }, { "text": "42 U.S.C. 4321 et seq.", "legal-doc": "usc", "parsable-cite": "usc/42/4321" }, { "text": "42 U.S.C. 4332(2)(C)", "legal-doc": "usc", "parsable-cite": "usc/42/4332" }, { "text": "47 U.S.C. 1455(d)", "legal-doc": "usc", "parsable-cite": "usc/47/1455" }, { "text": "47 U.S.C. 1455(d)(1)(B)", "legal-doc": "usc", "parsable-cite": "usc/47/1455" } ] } ]
3
1. Short title This Act may be cited as the Streamlining Permitting to Enable Efficient Deployment for Broadband Infrastructure Act of 2023 or the SPEED for Broadband Infrastructure Act of 2023. 2. Exemption from review for certain communications facilities Title I of the Communications Act of 1934 ( 47 U.S.C. 151 et seq. ) is amended by adding at the end the following: 14. Exemption from review for certain communications facilities (a) Permitting of covered projects (1) NEPA exemption A Federal authorization with respect to a covered project may not be considered a major Federal action under section 102(2)(C) of the National Environmental Policy Act of 1969 ( 42 U.S.C. 4332(2)(C) ). (2) National Historic Preservation Act exemption A covered project may not be considered an undertaking under section 300320 of title 54, United States Code. (3) Savings clause Nothing in this subsection may be construed to affect— (A) the obligation of the Commission to evaluate radiofrequency exposure under the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ); (B) except as explicitly provided in this subsection, the obligation of a provider of a communications service to comply with the National Environmental Policy Act of 1969 or division A of subtitle III of title 54, United States Code; (C) the authority of a State or local government to apply and enforce the zoning and other land use regulations of the State or local government to the extent consistent with this subsection and sections 253, 332(c)(7), and 621; or (D) the authority or obligations established under section 20156(e) of title 49, United States Code. (b) Grant of easement on Federal property (1) NEPA exemption A Federal authorization with respect to a covered easement for a communications facility may not be considered a major Federal action under section 102(2)(C) of the National Environmental Policy Act of 1969 ( 42 U.S.C. 4332(2)(C) ), if a covered easement has previously been granted for another communications facility or a utility facility with respect to the same building or other property owned by the Federal Government. (2) National Historic Preservation Act exemption A covered easement for a communications facility may not be considered an undertaking under section 300320 of title 54, United States Code, if a covered easement has previously been granted for another communications facility or a utility facility with respect to the same building or other property owned by the Federal Government. (c) Definitions In this section: (1) Antenna The term antenna means communications equipment that transmits or receives electromagnetic radio frequency signals used in the provision of wireless services. (2) Communications facility The term communications facility has the meaning given the term communications facility installation in section 6409(d) of the Middle Class Tax Relief and Job Creation Act of 2012 ( 47 U.S.C. 1455(d) ). (3) Covered easement The term covered easement means an easement, right-of-way, or lease with respect to a building or other property owned by the Federal Government, excluding Tribal land held in trust by the Federal Government (unless the Tribal Government with respect to such land requests that the Commission not exclude the land for purposes of this definition), for the right to install, construct, modify, or maintain a communications facility or a utility facility. (4) Covered project The term covered project means the placement and installation of a new communications facility if— (A) such new facility— (i) will be located within a public right-of-way; and (ii) is not more than 50 feet tall or 10 feet taller than any existing structure in the public right-of-way, whichever is higher; (B) such new facility is— (i) a replacement for an existing communications facility; and (ii) the same as, or substantially similar to (as such term is defined by the Commission), the existing communications facility that such new communications facility is replacing; (C) such new facility is a type of communications facility that— (i) is described in section 6409(d)(1)(B) of the Middle Class Tax Relief and Job Creation Act of 2012 ( 47 U.S.C. 1455(d)(1)(B) ); and (ii) meets the size limitation of a small antenna established by the Commission; or (D) the placement and installation of such new facility involves the expansion of the site of an existing communications facility not more than 30 feet in any direction. (5) Federal authorization The term Federal authorization — (A) means any authorization required under Federal law with respect to a project; and (B) includes any permits, special use authorizations, certifications, opinions, or other approvals as may be required under Federal law with respect to a project. (6) Public right-of-way The term public right-of-way — (A) means— (i) the area on, below, or above a public roadway, highway, street, sidewalk, alley, or similar property; and (ii) any land immediately adjacent to and contiguous with property described in clause (i) that is within the right-of-way grant; and (B) does not include a portion of the Interstate System (as such term is defined in section 101(a) of title 23, United States Code). (7) Utility facility The term utility facility means any privately, publicly, or cooperatively owned line, facility, or system for producing, transmitting, or distributing power, electricity, light, heat, gas, oil, crude products, water, steam, waste, storm water not connected with highway drainage, or any other similar commodity, including any fire or police signal system or street lighting system, that directly or indirectly serves the public. (8) Wireless service The term wireless service means the transmission by radio communication of voice, video, or data communications services, including Internet Protocol or any successor protocol-enabled services, or any combination of those services, whether provided on a licensed or permitted unlicensed basis.. 14. Exemption from review for certain communications facilities (a) Permitting of covered projects (1) NEPA exemption A Federal authorization with respect to a covered project may not be considered a major Federal action under section 102(2)(C) of the National Environmental Policy Act of 1969 ( 42 U.S.C. 4332(2)(C) ). (2) National Historic Preservation Act exemption A covered project may not be considered an undertaking under section 300320 of title 54, United States Code. (3) Savings clause Nothing in this subsection may be construed to affect— (A) the obligation of the Commission to evaluate radiofrequency exposure under the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ); (B) except as explicitly provided in this subsection, the obligation of a provider of a communications service to comply with the National Environmental Policy Act of 1969 or division A of subtitle III of title 54, United States Code; (C) the authority of a State or local government to apply and enforce the zoning and other land use regulations of the State or local government to the extent consistent with this subsection and sections 253, 332(c)(7), and 621; or (D) the authority or obligations established under section 20156(e) of title 49, United States Code. (b) Grant of easement on Federal property (1) NEPA exemption A Federal authorization with respect to a covered easement for a communications facility may not be considered a major Federal action under section 102(2)(C) of the National Environmental Policy Act of 1969 ( 42 U.S.C. 4332(2)(C) ), if a covered easement has previously been granted for another communications facility or a utility facility with respect to the same building or other property owned by the Federal Government. (2) National Historic Preservation Act exemption A covered easement for a communications facility may not be considered an undertaking under section 300320 of title 54, United States Code, if a covered easement has previously been granted for another communications facility or a utility facility with respect to the same building or other property owned by the Federal Government. (c) Definitions In this section: (1) Antenna The term antenna means communications equipment that transmits or receives electromagnetic radio frequency signals used in the provision of wireless services. (2) Communications facility The term communications facility has the meaning given the term communications facility installation in section 6409(d) of the Middle Class Tax Relief and Job Creation Act of 2012 ( 47 U.S.C. 1455(d) ). (3) Covered easement The term covered easement means an easement, right-of-way, or lease with respect to a building or other property owned by the Federal Government, excluding Tribal land held in trust by the Federal Government (unless the Tribal Government with respect to such land requests that the Commission not exclude the land for purposes of this definition), for the right to install, construct, modify, or maintain a communications facility or a utility facility. (4) Covered project The term covered project means the placement and installation of a new communications facility if— (A) such new facility— (i) will be located within a public right-of-way; and (ii) is not more than 50 feet tall or 10 feet taller than any existing structure in the public right-of-way, whichever is higher; (B) such new facility is— (i) a replacement for an existing communications facility; and (ii) the same as, or substantially similar to (as such term is defined by the Commission), the existing communications facility that such new communications facility is replacing; (C) such new facility is a type of communications facility that— (i) is described in section 6409(d)(1)(B) of the Middle Class Tax Relief and Job Creation Act of 2012 ( 47 U.S.C. 1455(d)(1)(B) ); and (ii) meets the size limitation of a small antenna established by the Commission; or (D) the placement and installation of such new facility involves the expansion of the site of an existing communications facility not more than 30 feet in any direction. (5) Federal authorization The term Federal authorization — (A) means any authorization required under Federal law with respect to a project; and (B) includes any permits, special use authorizations, certifications, opinions, or other approvals as may be required under Federal law with respect to a project. (6) Public right-of-way The term public right-of-way — (A) means— (i) the area on, below, or above a public roadway, highway, street, sidewalk, alley, or similar property; and (ii) any land immediately adjacent to and contiguous with property described in clause (i) that is within the right-of-way grant; and (B) does not include a portion of the Interstate System (as such term is defined in section 101(a) of title 23, United States Code). (7) Utility facility The term utility facility means any privately, publicly, or cooperatively owned line, facility, or system for producing, transmitting, or distributing power, electricity, light, heat, gas, oil, crude products, water, steam, waste, storm water not connected with highway drainage, or any other similar commodity, including any fire or police signal system or street lighting system, that directly or indirectly serves the public. (8) Wireless service The term wireless service means the transmission by radio communication of voice, video, or data communications services, including Internet Protocol or any successor protocol-enabled services, or any combination of those services, whether provided on a licensed or permitted unlicensed basis.
11,643
[ "Energy and Commerce Committee", "Natural Resources Committee" ]
118hr5298ih
118
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5,298
ih
To amend title 10, United States Code, to transfer the authority to operate certain transient housing of the Department of Defense to the Assistant Secretary of Defense for Energy, Installations, and Environment.
[ { "text": "1. Short title \nThis Act may be cited as the Military Lodging Reform Act of 2023.", "id": "H804B34C94FBF4CA5926E6257DD920262", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Authority to operate certain transient housing of the Department of Defense transferred to Assistant Secretary of Defense for Energy, Installations, and Environment \n(a) Transfer of authority \n(1) Assignment \nParagraph (7) of section 138(b) of title 10, United States Code, is amended by adding at the end the following new sentence: The Assistant Secretary is responsible, subject to the authority, direction, and control of the Secretary of Defense, for all matters relating to lodging intended to be occupied by members of the Armed Forces that require such lodging due to a temporary duty assignment or a permanent change of station order.. (2) Transfer \n(A) In general \nNot later than 90 days after the date of the enactment of this Act, the Secretary of Defense shall transfer each duty or responsibility relating to covered transient housing to the Assistant Secretary of Defense for Energy, Installations, and Environment. (B) Certification \nNot later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the congressional defense committees a certification that the transfer required under subparagraph (A) has been completed. (3) Coordination on covered transient housing \n(A) Army transient housing \nOn matters relating to covered transient housing of the Department of the Army, the Assistant Secretary of Defense for Energy, Installations, and Environment shall coordinate with the Assistant Secretary of the Army for Installations, Energy, and Environment. (B) Navy transient housing \nOn matters relating to covered transient housing of the Department of the Navy, the Assistant Secretary of Defense for Energy, Installations, and Environment shall coordinate with the Assistant Secretary of the Navy (Energy, Installations, and Environment). (C) Air Force transient housing \nOn matters relating to covered transient housing of the Department of the Air Force, the Assistant Secretary of Defense for Energy, Installations, and Environment shall coordinate with the Assistant Secretary of the Air Force for Energy, Installations and Environment. (b) References \nAny reference in law, regulation, guidance, instruction, or other document of the Federal Government to the Under Secretary of Defense for Personnel and Readiness with respect to covered transient housing shall be deemed to refer to the Assistant Secretary of Defense for Energy, Installations, and Environment. (c) Covered transient housing defined \nIn this section, the term covered transient housing means lodging intended to be occupied by members of the Armed Forces that require such lodging due to— (1) a temporary duty assignment; or (2) a permanent change of station order.", "id": "H21279949211E4C3CA3D9F61B05EFCAA7", "header": "Authority to operate certain transient housing of the Department of Defense transferred to Assistant Secretary of Defense for Energy, Installations, and Environment", "nested": [ { "text": "(a) Transfer of authority \n(1) Assignment \nParagraph (7) of section 138(b) of title 10, United States Code, is amended by adding at the end the following new sentence: The Assistant Secretary is responsible, subject to the authority, direction, and control of the Secretary of Defense, for all matters relating to lodging intended to be occupied by members of the Armed Forces that require such lodging due to a temporary duty assignment or a permanent change of station order.. (2) Transfer \n(A) In general \nNot later than 90 days after the date of the enactment of this Act, the Secretary of Defense shall transfer each duty or responsibility relating to covered transient housing to the Assistant Secretary of Defense for Energy, Installations, and Environment. (B) Certification \nNot later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the congressional defense committees a certification that the transfer required under subparagraph (A) has been completed. (3) Coordination on covered transient housing \n(A) Army transient housing \nOn matters relating to covered transient housing of the Department of the Army, the Assistant Secretary of Defense for Energy, Installations, and Environment shall coordinate with the Assistant Secretary of the Army for Installations, Energy, and Environment. (B) Navy transient housing \nOn matters relating to covered transient housing of the Department of the Navy, the Assistant Secretary of Defense for Energy, Installations, and Environment shall coordinate with the Assistant Secretary of the Navy (Energy, Installations, and Environment). (C) Air Force transient housing \nOn matters relating to covered transient housing of the Department of the Air Force, the Assistant Secretary of Defense for Energy, Installations, and Environment shall coordinate with the Assistant Secretary of the Air Force for Energy, Installations and Environment.", "id": "H45115701193041E3AD5C365806B22C66", "header": "Transfer of authority", "nested": [], "links": [] }, { "text": "(b) References \nAny reference in law, regulation, guidance, instruction, or other document of the Federal Government to the Under Secretary of Defense for Personnel and Readiness with respect to covered transient housing shall be deemed to refer to the Assistant Secretary of Defense for Energy, Installations, and Environment.", "id": "H2FBAD18556AB4CDDA68287E500F8864A", "header": "References", "nested": [], "links": [] }, { "text": "(c) Covered transient housing defined \nIn this section, the term covered transient housing means lodging intended to be occupied by members of the Armed Forces that require such lodging due to— (1) a temporary duty assignment; or (2) a permanent change of station order.", "id": "H17C78C3EDC6D49DA8FCB4C43A0104046", "header": "Covered transient housing defined", "nested": [], "links": [] } ], "links": [] } ]
2
1. Short title This Act may be cited as the Military Lodging Reform Act of 2023. 2. Authority to operate certain transient housing of the Department of Defense transferred to Assistant Secretary of Defense for Energy, Installations, and Environment (a) Transfer of authority (1) Assignment Paragraph (7) of section 138(b) of title 10, United States Code, is amended by adding at the end the following new sentence: The Assistant Secretary is responsible, subject to the authority, direction, and control of the Secretary of Defense, for all matters relating to lodging intended to be occupied by members of the Armed Forces that require such lodging due to a temporary duty assignment or a permanent change of station order.. (2) Transfer (A) In general Not later than 90 days after the date of the enactment of this Act, the Secretary of Defense shall transfer each duty or responsibility relating to covered transient housing to the Assistant Secretary of Defense for Energy, Installations, and Environment. (B) Certification Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the congressional defense committees a certification that the transfer required under subparagraph (A) has been completed. (3) Coordination on covered transient housing (A) Army transient housing On matters relating to covered transient housing of the Department of the Army, the Assistant Secretary of Defense for Energy, Installations, and Environment shall coordinate with the Assistant Secretary of the Army for Installations, Energy, and Environment. (B) Navy transient housing On matters relating to covered transient housing of the Department of the Navy, the Assistant Secretary of Defense for Energy, Installations, and Environment shall coordinate with the Assistant Secretary of the Navy (Energy, Installations, and Environment). (C) Air Force transient housing On matters relating to covered transient housing of the Department of the Air Force, the Assistant Secretary of Defense for Energy, Installations, and Environment shall coordinate with the Assistant Secretary of the Air Force for Energy, Installations and Environment. (b) References Any reference in law, regulation, guidance, instruction, or other document of the Federal Government to the Under Secretary of Defense for Personnel and Readiness with respect to covered transient housing shall be deemed to refer to the Assistant Secretary of Defense for Energy, Installations, and Environment. (c) Covered transient housing defined In this section, the term covered transient housing means lodging intended to be occupied by members of the Armed Forces that require such lodging due to— (1) a temporary duty assignment; or (2) a permanent change of station order.
2,789
[ "Armed Services Committee" ]