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[ { "text": "1. Private right of action \n(a) In general \nAn individual who is injured, and any member of the family of an individual who is killed, by use of a ghost gun in or affecting interstate or foreign commerce, and the State and the political subdivision of the State in which the injury or death occurs, may bring an action in the United States district court for the judicial district in which the injury or death occurs against the maker of any component of the ghost gun or any person who facilitated any sale of the ghost gun, for damages resulting from the injury or death. The court may award a plaintiff prevailing in such an action such damages, including consequential damages, as the court deems appropriate. (b) Affirmative defenses \nIn an action brought under subsection (a), it shall be an affirmative defense that the injury or death was caused by conduct of— (1) an individual in defense against a reasonably perceived imminent threat to the safety of an individual not engaged in a violation of criminal law; or (2) a law enforcement officer in response to a reasonably perceived imminent threat to public safety. (c) Definitions \nIn this section: (1) Ghost gun \nThe term ghost gun means a firearm that lacks a unique serial number engraved or cast on the frame or receiver of the firearm by a licensed manufacturer or licensed importer in accordance with section 923(i) of title 18, United States Code, and includes any combination of parts designed or intended to be assembled, or to be used in converting a device, into a firearm. (2) Other terms \nThe terms firearm , licensed manufacturer , and licensed importer have the meanings given the terms, respectively, in section 921(a) of title 18, United States Code.", "id": "H94DFCCE9DE5745DB928E0BB072F76B1E", "header": "Private right of action", "nested": [ { "text": "(a) In general \nAn individual who is injured, and any member of the family of an individual who is killed, by use of a ghost gun in or affecting interstate or foreign commerce, and the State and the political subdivision of the State in which the injury or death occurs, may bring an action in the United States district court for the judicial district in which the injury or death occurs against the maker of any component of the ghost gun or any person who facilitated any sale of the ghost gun, for damages resulting from the injury or death. The court may award a plaintiff prevailing in such an action such damages, including consequential damages, as the court deems appropriate.", "id": "HB09F130782AF4E20A5BCF2D658A4F15D", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Affirmative defenses \nIn an action brought under subsection (a), it shall be an affirmative defense that the injury or death was caused by conduct of— (1) an individual in defense against a reasonably perceived imminent threat to the safety of an individual not engaged in a violation of criminal law; or (2) a law enforcement officer in response to a reasonably perceived imminent threat to public safety.", "id": "H2F5BE13763C74FB6BD51C6F59853B902", "header": "Affirmative defenses", "nested": [], "links": [] }, { "text": "(c) Definitions \nIn this section: (1) Ghost gun \nThe term ghost gun means a firearm that lacks a unique serial number engraved or cast on the frame or receiver of the firearm by a licensed manufacturer or licensed importer in accordance with section 923(i) of title 18, United States Code, and includes any combination of parts designed or intended to be assembled, or to be used in converting a device, into a firearm. (2) Other terms \nThe terms firearm , licensed manufacturer , and licensed importer have the meanings given the terms, respectively, in section 921(a) of title 18, United States Code.", "id": "H583C0068FE614ECABF2003596688C685", "header": "Definitions", "nested": [], "links": [] } ], "links": [] } ]

[ "Judiciary Committee" ]

[ { "text": "1. Short title \nThis Act may be cited as the Facial Recognition Act of 2023.", "id": "H0E94341FB48F4DDC8C910CC9648EDCCF", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Ineligibility for certain funds \nIn the case of a State or unit of local government that received a grant award under subpart 1 of part E of title I of the Omnibus Crime Control and Safe Streets Act of 1968 ( 42 U.S.C. 3750 et seq. ), if the State or unit of local government fails to substantially to comply with the requirements under this Act for a fiscal year, the Attorney General shall reduce the amount that would otherwise be awarded to that State or unit of local government under such grant program in the following fiscal year by 15 percent.", "id": "HBD6ACE51AE83413DB93A16C20DF8850A", "header": "Ineligibility for certain funds", "nested": [], "links": [ { "text": "42 U.S.C. 3750 et seq.", "legal-doc": "usc", "parsable-cite": "usc/42/3750" } ] }, { "text": "3. Definitions \nIn this Act: (1) Arrest photo database \nThe term arrest photo database means a database populated primarily by booking or arrest photographs or photographs of persons encountered by an investigative or law enforcement officer. (2) Candidate list \nThe term candidate list means the top images that a facial recognition system determines to most closely match a probe image. (3) Derived \nThe term derived means that a Federal or State government would not have possessed the information or evidence but for the use of facial recognition, regardless of any claim that the information or evidence is attenuated from such recognition, and would inevitably have been discovered or obtained the information or evidence through other means. (4) Facial recognition \nThe term facial recognition means an automated or semi-automated process that assists in identifying or verifying an individual or captures information about an individual based on the physical characteristics of an individual’s face, head or body, or that uses characteristics of an individual’s face, head or body, to infer emotion, associations, activities, or the location of an individual. (5) Face surveillance \nThe term face surveillance means the use of facial recognition with real-time or stored video footage to track, observe, or analyze the movements, behavior, data, or actions of an individual or groups of individuals. (6) Illegitimately obtained information \nThe term illegitimately obtained information means personal data or information that was obtained— (A) in a manner that violates Federal, State, or Tribal law; (B) in a manner that violates a service agreement between a provider of an electronic communication service to the public or a provider of a remote computing service and customers or subscribers of that provider; (C) in a manner that is inconsistent with the privacy policy of a provider described in subparagraph (B), if applicable; (D) by deceiving a person whose information was obtained; (E) through the unauthorized access of an electronic device or online account; (F) in violation of a contract, court settlement, or other binding legal agreement; or (G) from unlawful or unconstitutional practices by any government official or entity. (7) Investigative or law enforcement officer \nThe term investigative or law enforcement officer means— (A) any officer of a State or a political subdivision thereof, or of the United States, who is empowered by law to conduct investigations of or to make arrests for civil or criminal offenses or violations of Federal or State law and any attorney authorized by law to prosecute or participate in the prosecution of such offenses; and (B) does not include any officer, employee, or contractor of a State department of motor vehicles. (8) Law enforcement agency \nThe term law enforcement agency means any agency of the United States authorized to engage in or supervise the prevention, detection, investigation, or prosecution of any violation of civil or criminal law. (9) Probe image \nThe term probe image means an image of a person that is searched against a database of known, identified persons or an unsolved photo file. (10) Prosecutor \nThe term prosecutor means the principal prosecuting attorney of a State or any political subdivision thereof and any attorney for the Government (as such term is defined for the purposes of the Federal Rules of Criminal Procedure). (11) Operational testing \nThe term operational testing means testing that evaluates a complete facial recognition system as it is used in the field, including measuring false positive and false negative error rates for field uses of the system on operational or operationally representative data and under the environmental conditions and technical product settings and configurations typically used, as well as assessing the variability of system use by different users. (12) Reference photo database \nThe term reference photo database means a database populated with photos of individuals that have been identified, including databases composed of driver’s licenses, passports, or other documents made or issued by or under the authority of the United States Government, a State, a political subdivision thereof, databases operated by third parties, and arrest photo databases. (13) State \nThe term State means each State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, American Samoa, Guam, and the Northern Mariana Islands.", "id": "H215CFF6E3CAF407AA4AE5F72B7213E86", "header": "Definitions", "nested": [], "links": [] }, { "text": "101. Facial recognition \n(a) Reference photo databases \n(1) In general \nAn investigative or law enforcement officer may only use or request facial recognition in conjunction with a reference photo database pursuant to an order issued under subsection (b) and the emergencies and exceptions under subsection (c). (2) Maintenance \n(A) In general \nBeginning on 180 days after the date of the enactment of this Act, and every six months thereafter, with respect to an arrest photo database used in conjunction with facial recognition, the custodian of such arrest photo database shall remove from such database all photos of each person who— (i) has not attained 18 years of age; (ii) has been released without a charge; (iii) has been released after charges are dropped or dismissed; or (iv) was acquitted of the charged offense. (B) Rule of construction \nNothing in this paragraph shall be construed to prohibit an investigative or law enforcement officer from using a database for other investigative procedures, such as finger printing, and shall only apply to the use of a reference photo database for the use of facial recognition. (3) Procedures \nAny agency responsible for maintaining and operating an arrest photo database shall establish procedures to ensure compliance with paragraph (3). (b) Orders \n(1) Approval \nAn application for a warrant to use a reference photo database may not be submitted for consideration by a court unless the head of a law enforcement agency (or a designee) approves such an application. (2) Authority \nExcept as provided by subsection (d), the principal prosecutor of a State or any political subdivision thereof and any attorney for the Government (as such term is defined for the purposes of the Federal Rules of Criminal Procedure), may make an application to a court of competent jurisdiction for, in conformity with paragraph (3), an order authorizing the use of facial recognition in conjunction with a reference photo database within the jurisdiction of that judge. (3) Application \nExcept as provided in subsection (c), a court of competent jurisdiction may issue an order authorizing the use of facial recognition in conjunction with a reference photo database if a prosecutor submits an application to that court that establishes the following: (A) The identity of the investigative or law enforcement officer making the application, and the officer authorizing the application. (B) As full and complete a description as possible of the person that the officer seeks to identify. (C) The photos or video portraying the person that will be used to search the reference photo database. (D) Any details regarding other investigative measures taken to identify such person and an explanation for why such measures failed or are reasonably unlikely to succeed. (E) Any other investigative procedures to identify such person have been tried and failed or are reasonably unlikely to succeed. (F) Probable cause to believe that such person has committed or is committing a particular offense or offenses enumerated in section 3559(c)(2)(F) of title 18, United States Code. (4) Contents of order \nThe order described in this paragraph shall include the following: (A) All information required to be included in the application pursuant to such paragraph (3). (B) A prohibition on the use, for purposes of a search of a reference photo database, other than pursuant to another order under this Act, of any photo or video not specifically listed in the order. (C) A time period within which the search shall be made not more than 7 days, and after which no such search may be made, except pursuant to another order under this Act. (D) The authority under which the search is to be made. (5) Notice to the Public \n(A) In general \nEach State department of motor vehicles shall post notices in conspicuous locations at each department office, make written information available to all applicants at each office, and provide information on the department website regarding State investigative or law enforcement officers’ searches of driver’s license and ID photos through facial recognition. The notices, written information, and online information must describe how officers use and access facial recognition in criminal investigations. (B) Language requirement \nNotices required under subparagraph (A) shall be posted, as necessary and reasonable, in Spanish or any language common to a significant portion of the department’s customers, if they are not fluent in English. The department shall provide translations of the poster and an electronic link that leads to the department’s website upon request. (6) Conforming Amendments \nSection 2721 of title 18, United States Code, is amended— (A) in subsection (a)— (i) in paragraph (1), by striking the or at the end; (ii) in paragraph (2), by striking the period at the end and inserting ; or ; and (iii) by inserting after paragraph (2) the following: (3) a department operated facial recognition system, except as provided in subsection (f) of this section. ; (B) in subsection (b)(1), by inserting before the period at the end the following: but if the personal information or highly restricted personal information to be disclosed is a person’s photograph to be used or enrolled in a law enforcement facial recognition system, only on a case-by-case basis that does not involve the bulk transfer of persons’ photographs to a State or Federal law enforcement agency or a qualified third party entity that will allow law enforcement to access those photographs for the purposes of facial recognition ; and (C) by adding at the end the following: (f) Law enforcement access to facial recognition systems \nA State department of motor vehicles, and any officer, employee, or contractor thereof, may make available a department-operated facial recognition system to a State or Federal law enforcement agency, or perform searches of such a system on behalf of the agency, only pursuant to an order issued under section 101 of the Facial Recognition Act of 2023.. (c) Emergencies and exceptions \n(1) Initial use \nNotwithstanding subsections (a) and (b), an investigative or law enforcement officer may use or request facial recognition in conjunction with a reference photo database— (A) to assist in identifying any person who is deceased, incapacitated or otherwise physically unable of identifying himself, or the victim of a crime, whom the officer determines, in good faith, cannot be identified through other means; (B) to assist in identifying a person whom the officer believes, in good faith, is the subject of an alert through an AMBER Alert communications network, as that term is used in section 301 of the Prosecutorial Remedies and Other Tools to end the Exploitation of Children Today Act of 2003 ( 34 U.S.C. 20501 ); (C) to assist in identifying any person who has been lawfully arrested, during the process of booking that person after an arrest or during that person’s custodial detention; or (D) to assist in identifying any person— (i) if the appropriate prosecutor determines that an emergency situation exists— (I) that involves immediate danger of death or serious physical injury to any person; or (II) that requires the use of facial recognition in conjunction with a reference photo database to occur before an order authorizing such use can, with due diligence, be obtained; and (ii) there are grounds upon which an order could be entered under this section to authorize such use. (2) Subsequent authorization \nIf an investigative or law enforcement officer uses facial recognition pursuant to paragraph (1)(D), the prosecutor shall apply for an order approving the use under subsection (b) within 12 hours after the use occurred. The use shall immediately terminate when the application for approval is denied, or in the absence of an application, within 12 hours. In cases where an order is not obtained or denied, the officer shall destroy all information obtained as a result of the search. (3) Affidavit required \nWith respect to use of facial recognition pursuant to paragraph (1)(D), an appropriate prosecutor shall submit an affidavit to the court identifying specific details on why they believe that an emergency situation under clause (i) exists. (d) State law preserved \nThe authorities provided by subsections (b) and (c) do not authorize access reference photo databases maintained by a State, or a political subdivision of a State, unless State law expressly and unambiguously authorizes an investigative or law enforcement officer to— (1) access driver’s license and identification document photos; and (2) use facial recognition to conduct searches of those photos.", "id": "H7E89B43AC88E421480C378D9D89F306D", "header": "Facial recognition", "nested": [ { "text": "(a) Reference photo databases \n(1) In general \nAn investigative or law enforcement officer may only use or request facial recognition in conjunction with a reference photo database pursuant to an order issued under subsection (b) and the emergencies and exceptions under subsection (c). (2) Maintenance \n(A) In general \nBeginning on 180 days after the date of the enactment of this Act, and every six months thereafter, with respect to an arrest photo database used in conjunction with facial recognition, the custodian of such arrest photo database shall remove from such database all photos of each person who— (i) has not attained 18 years of age; (ii) has been released without a charge; (iii) has been released after charges are dropped or dismissed; or (iv) was acquitted of the charged offense. (B) Rule of construction \nNothing in this paragraph shall be construed to prohibit an investigative or law enforcement officer from using a database for other investigative procedures, such as finger printing, and shall only apply to the use of a reference photo database for the use of facial recognition. (3) Procedures \nAny agency responsible for maintaining and operating an arrest photo database shall establish procedures to ensure compliance with paragraph (3).", "id": "HCDC3E55E7CB549EFA8BBE91446CF5BE5", "header": "Reference photo databases", "nested": [], "links": [] }, { "text": "(b) Orders \n(1) Approval \nAn application for a warrant to use a reference photo database may not be submitted for consideration by a court unless the head of a law enforcement agency (or a designee) approves such an application. (2) Authority \nExcept as provided by subsection (d), the principal prosecutor of a State or any political subdivision thereof and any attorney for the Government (as such term is defined for the purposes of the Federal Rules of Criminal Procedure), may make an application to a court of competent jurisdiction for, in conformity with paragraph (3), an order authorizing the use of facial recognition in conjunction with a reference photo database within the jurisdiction of that judge. (3) Application \nExcept as provided in subsection (c), a court of competent jurisdiction may issue an order authorizing the use of facial recognition in conjunction with a reference photo database if a prosecutor submits an application to that court that establishes the following: (A) The identity of the investigative or law enforcement officer making the application, and the officer authorizing the application. (B) As full and complete a description as possible of the person that the officer seeks to identify. (C) The photos or video portraying the person that will be used to search the reference photo database. (D) Any details regarding other investigative measures taken to identify such person and an explanation for why such measures failed or are reasonably unlikely to succeed. (E) Any other investigative procedures to identify such person have been tried and failed or are reasonably unlikely to succeed. (F) Probable cause to believe that such person has committed or is committing a particular offense or offenses enumerated in section 3559(c)(2)(F) of title 18, United States Code. (4) Contents of order \nThe order described in this paragraph shall include the following: (A) All information required to be included in the application pursuant to such paragraph (3). (B) A prohibition on the use, for purposes of a search of a reference photo database, other than pursuant to another order under this Act, of any photo or video not specifically listed in the order. (C) A time period within which the search shall be made not more than 7 days, and after which no such search may be made, except pursuant to another order under this Act. (D) The authority under which the search is to be made. (5) Notice to the Public \n(A) In general \nEach State department of motor vehicles shall post notices in conspicuous locations at each department office, make written information available to all applicants at each office, and provide information on the department website regarding State investigative or law enforcement officers’ searches of driver’s license and ID photos through facial recognition. The notices, written information, and online information must describe how officers use and access facial recognition in criminal investigations. (B) Language requirement \nNotices required under subparagraph (A) shall be posted, as necessary and reasonable, in Spanish or any language common to a significant portion of the department’s customers, if they are not fluent in English. The department shall provide translations of the poster and an electronic link that leads to the department’s website upon request. (6) Conforming Amendments \nSection 2721 of title 18, United States Code, is amended— (A) in subsection (a)— (i) in paragraph (1), by striking the or at the end; (ii) in paragraph (2), by striking the period at the end and inserting ; or ; and (iii) by inserting after paragraph (2) the following: (3) a department operated facial recognition system, except as provided in subsection (f) of this section. ; (B) in subsection (b)(1), by inserting before the period at the end the following: but if the personal information or highly restricted personal information to be disclosed is a person’s photograph to be used or enrolled in a law enforcement facial recognition system, only on a case-by-case basis that does not involve the bulk transfer of persons’ photographs to a State or Federal law enforcement agency or a qualified third party entity that will allow law enforcement to access those photographs for the purposes of facial recognition ; and (C) by adding at the end the following: (f) Law enforcement access to facial recognition systems \nA State department of motor vehicles, and any officer, employee, or contractor thereof, may make available a department-operated facial recognition system to a State or Federal law enforcement agency, or perform searches of such a system on behalf of the agency, only pursuant to an order issued under section 101 of the Facial Recognition Act of 2023..", "id": "H4A4B4586F321452A847E3E19CE603264", "header": "Orders", "nested": [], "links": [] }, { "text": "(c) Emergencies and exceptions \n(1) Initial use \nNotwithstanding subsections (a) and (b), an investigative or law enforcement officer may use or request facial recognition in conjunction with a reference photo database— (A) to assist in identifying any person who is deceased, incapacitated or otherwise physically unable of identifying himself, or the victim of a crime, whom the officer determines, in good faith, cannot be identified through other means; (B) to assist in identifying a person whom the officer believes, in good faith, is the subject of an alert through an AMBER Alert communications network, as that term is used in section 301 of the Prosecutorial Remedies and Other Tools to end the Exploitation of Children Today Act of 2003 ( 34 U.S.C. 20501 ); (C) to assist in identifying any person who has been lawfully arrested, during the process of booking that person after an arrest or during that person’s custodial detention; or (D) to assist in identifying any person— (i) if the appropriate prosecutor determines that an emergency situation exists— (I) that involves immediate danger of death or serious physical injury to any person; or (II) that requires the use of facial recognition in conjunction with a reference photo database to occur before an order authorizing such use can, with due diligence, be obtained; and (ii) there are grounds upon which an order could be entered under this section to authorize such use. (2) Subsequent authorization \nIf an investigative or law enforcement officer uses facial recognition pursuant to paragraph (1)(D), the prosecutor shall apply for an order approving the use under subsection (b) within 12 hours after the use occurred. The use shall immediately terminate when the application for approval is denied, or in the absence of an application, within 12 hours. In cases where an order is not obtained or denied, the officer shall destroy all information obtained as a result of the search. (3) Affidavit required \nWith respect to use of facial recognition pursuant to paragraph (1)(D), an appropriate prosecutor shall submit an affidavit to the court identifying specific details on why they believe that an emergency situation under clause (i) exists.", "id": "H0045601A319743BD9D43A39FA16B4106", "header": "Emergencies and exceptions", "nested": [], "links": [ { "text": "34 U.S.C. 20501", "legal-doc": "usc", "parsable-cite": "usc/34/20501" } ] }, { "text": "(d) State law preserved \nThe authorities provided by subsections (b) and (c) do not authorize access reference photo databases maintained by a State, or a political subdivision of a State, unless State law expressly and unambiguously authorizes an investigative or law enforcement officer to— (1) access driver’s license and identification document photos; and (2) use facial recognition to conduct searches of those photos.", "id": "H00F2BBC9482F4174B0D1FD662C71A121", "header": "State law preserved", "nested": [], "links": [] } ], "links": [ { "text": "34 U.S.C. 20501", "legal-doc": "usc", "parsable-cite": "usc/34/20501" } ] }, { "text": "102. Civil rights and civil liberties \n(a) In general \nAn investigative or law enforcement officer may not— (1) use facial recognition to create a record describing how any individual exercises rights guaranteed by the Constitution, including free assembly, association, and speech; (2) rely on actual or perceived race, ethnicity, national origin, religion, disability, gender, gender identity, or sexual orientation in selecting which person to subject to facial recognition, except when there is trustworthy information, relevant to the locality and time frame, in the context of a particular area and for a particular period of time, that links a person with a particular characteristic described in this subsection to an identified criminal incident or scheme; or (3) use facial recognition to enforce the immigration laws of the United States or share facial recognition data with other agencies for the purposes of enforcing the immigration laws of the United States. (b) Prohibition on use with body cameras \nAny investigative or law enforcement officer may not use or request facial recognition in conjunction with any image obtained from a body camera worn by that or any other officer, dashboard camera, or any aircraft camera, including a drone. (c) Prohibition on certain facial recognition \nAny investigative or law enforcement officer may not use or request facial recognition for the purpose of face surveillance. (d) Ensuring corroboration and preventing over reliance on matches \nA facial recognition match may not be the sole basis upon which probable cause is established for a search, arrest, or other law enforcement action. Any investigative and law enforcement officers using information obtained from the use of facial recognition shall examine results with care and consider the possibility that matches could be inaccurate. (e) Prohibition on illegitimately obtained information \nAn investigative or law enforcement office may not use facial recognition in conjunction with a database that contains illegitimately obtained information.", "id": "HA0770E51F74F4422B1BA511B2A258593", "header": "Civil rights and civil liberties", "nested": [ { "text": "(a) In general \nAn investigative or law enforcement officer may not— (1) use facial recognition to create a record describing how any individual exercises rights guaranteed by the Constitution, including free assembly, association, and speech; (2) rely on actual or perceived race, ethnicity, national origin, religion, disability, gender, gender identity, or sexual orientation in selecting which person to subject to facial recognition, except when there is trustworthy information, relevant to the locality and time frame, in the context of a particular area and for a particular period of time, that links a person with a particular characteristic described in this subsection to an identified criminal incident or scheme; or (3) use facial recognition to enforce the immigration laws of the United States or share facial recognition data with other agencies for the purposes of enforcing the immigration laws of the United States.", "id": "H055ABD58BFF7446E88190261968E528C", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Prohibition on use with body cameras \nAny investigative or law enforcement officer may not use or request facial recognition in conjunction with any image obtained from a body camera worn by that or any other officer, dashboard camera, or any aircraft camera, including a drone.", "id": "H38324C975D184511820BB1E71588AC5B", "header": "Prohibition on use with body cameras", "nested": [], "links": [] }, { "text": "(c) Prohibition on certain facial recognition \nAny investigative or law enforcement officer may not use or request facial recognition for the purpose of face surveillance.", "id": "H8D9FFC7B38BD4A3F9BDE143534418B1E", "header": "Prohibition on certain facial recognition", "nested": [], "links": [] }, { "text": "(d) Ensuring corroboration and preventing over reliance on matches \nA facial recognition match may not be the sole basis upon which probable cause is established for a search, arrest, or other law enforcement action. Any investigative and law enforcement officers using information obtained from the use of facial recognition shall examine results with care and consider the possibility that matches could be inaccurate.", "id": "HC20DE565E33C4DA3A0264825436DB3E5", "header": "Ensuring corroboration and preventing over reliance on matches", "nested": [], "links": [] }, { "text": "(e) Prohibition on illegitimately obtained information \nAn investigative or law enforcement office may not use facial recognition in conjunction with a database that contains illegitimately obtained information.", "id": "H206298C8DD66402999114DCDA309EFF7", "header": "Prohibition on illegitimately obtained information", "nested": [], "links": [] } ], "links": [] }, { "text": "103. Logging of searches \nA law enforcement agency whose investigative or law enforcement officers use facial recognition shall log its use of the facial recognition to the extent necessary to comply with the public reporting and audit requirements of sections 104 and 105 of this Act.", "id": "HA9641B10F16A4BFBB46BA48F64F88CC7", "header": "Logging of searches", "nested": [], "links": [] }, { "text": "104. Reporting \n(a) State reporting required \n(1) State judiciary \nNot later than the last day of the first January after the date of the enactment of this Act, and each January thereafter, each State judge who has issued a court order authorizing or approving facial recognition in conjunction with a reference photo database shall report to a State agency (as determined by the chief executive of the State) the following information: (A) The number of orders or extensions was applied for. (B) Whether the order or extension was issued pursuant to section 101(b) or section 102(c). (C) Whether the order or extension was granted as applied for, was modified, or was denied. (D) The offense specified in the order or application, or extension of an order. (E) The identity of the applying investigative or law enforcement officer and agency making the application and the person authorizing the application. (F) For orders issued pursuant to section 101(c), the reference photo database that was searched. (2) Prosecutors \nNot later than the last day of the first January after the date of the enactment of this Act, and each January thereafter, each State prosecutor, or a prosecutor of a political subdivision thereof, who has requested a court order authorizing or approving facial recognition in conjunction with a reference photo database shall report to a State agency (as determined by the chief executive of the State) the following information with respect to the use of facial recognition in conjunction with an reference photo database: (A) The number of such searches run. (B) The offenses that those searches were used to investigate, and for each offense, the number of searches run. (C) The arrests that such searches contributed to, and the offenses for which the arrests were made, disaggregated by race, ethnicity, gender, and age. (D) The number of convictions that such searches contributed to and the offenses for which the convictions were obtained, disaggregated by race, ethnicity, gender, and age. (E) The number of motions to suppress made with respect to those searches, and the number granted or denied. (F) The types and names of databases that were used and the number of photos removed with respect to arrest photo databases that were confirmed to have been removed in accordance with this section. (3) Report to Bureau of Justice Assistance \nNot later than 90 days after such report is submitted under paragraph (1), and annually thereafter, the State agency shall report the information collected under paragraph (1) to the Director of the Bureau of Justice Assistance. (4) Report to Administrative Office of the United States Courts \nNot later than 90 days after such report is submitted under paragraph (2), and annually thereafter, the State agency shall report the information collected under paragraph (2) to the Director of the Administrative Office of the United States Courts. (b) Federal reporting required \nNot later than the last day of the first January after the date of the enactment of this Act, and each January thereafter— (1) each Federal judge who has issued a court order authorizing or approving facial recognition in conjunction with a reference photo database shall submit to the Director of the Administrative Office of the United States Courts a report including the information under subparagraphs (A) through (F) of subsection (a)(1); and (2) and a Federal prosecutor who requested such order, shall submit to the Director of the Administrative Office of the United States Courts a report including the information under subparagraphs (A) through (G) of subsection (a)(2). (c) Public reporting \nIn June of each year the Director of the Administrative Office of the United States Courts shall release to the public, post online, and transmit to the Congress a full and complete report concerning the use of facial recognition in conjunction with reference photo databases, including the information reported to the Director pursuant to subsections (a) and (b). (d) Rules \nThe Director of the Bureau of Justice Assistance and the Director of the Administrative Office of the United States Courts shall issue rules with respect to the content and form of the reports required to be filed under subsections (a) through (c) of this section and sections 105 and 106 of this Act.", "id": "HD4459B75D19742CE8EDD3482EAFF95D3", "header": "Reporting", "nested": [ { "text": "(a) State reporting required \n(1) State judiciary \nNot later than the last day of the first January after the date of the enactment of this Act, and each January thereafter, each State judge who has issued a court order authorizing or approving facial recognition in conjunction with a reference photo database shall report to a State agency (as determined by the chief executive of the State) the following information: (A) The number of orders or extensions was applied for. (B) Whether the order or extension was issued pursuant to section 101(b) or section 102(c). (C) Whether the order or extension was granted as applied for, was modified, or was denied. (D) The offense specified in the order or application, or extension of an order. (E) The identity of the applying investigative or law enforcement officer and agency making the application and the person authorizing the application. (F) For orders issued pursuant to section 101(c), the reference photo database that was searched. (2) Prosecutors \nNot later than the last day of the first January after the date of the enactment of this Act, and each January thereafter, each State prosecutor, or a prosecutor of a political subdivision thereof, who has requested a court order authorizing or approving facial recognition in conjunction with a reference photo database shall report to a State agency (as determined by the chief executive of the State) the following information with respect to the use of facial recognition in conjunction with an reference photo database: (A) The number of such searches run. (B) The offenses that those searches were used to investigate, and for each offense, the number of searches run. (C) The arrests that such searches contributed to, and the offenses for which the arrests were made, disaggregated by race, ethnicity, gender, and age. (D) The number of convictions that such searches contributed to and the offenses for which the convictions were obtained, disaggregated by race, ethnicity, gender, and age. (E) The number of motions to suppress made with respect to those searches, and the number granted or denied. (F) The types and names of databases that were used and the number of photos removed with respect to arrest photo databases that were confirmed to have been removed in accordance with this section. (3) Report to Bureau of Justice Assistance \nNot later than 90 days after such report is submitted under paragraph (1), and annually thereafter, the State agency shall report the information collected under paragraph (1) to the Director of the Bureau of Justice Assistance. (4) Report to Administrative Office of the United States Courts \nNot later than 90 days after such report is submitted under paragraph (2), and annually thereafter, the State agency shall report the information collected under paragraph (2) to the Director of the Administrative Office of the United States Courts.", "id": "H3BCFD60F39AC4CD6A3F27AF628517E4E", "header": "State reporting required", "nested": [], "links": [] }, { "text": "(b) Federal reporting required \nNot later than the last day of the first January after the date of the enactment of this Act, and each January thereafter— (1) each Federal judge who has issued a court order authorizing or approving facial recognition in conjunction with a reference photo database shall submit to the Director of the Administrative Office of the United States Courts a report including the information under subparagraphs (A) through (F) of subsection (a)(1); and (2) and a Federal prosecutor who requested such order, shall submit to the Director of the Administrative Office of the United States Courts a report including the information under subparagraphs (A) through (G) of subsection (a)(2).", "id": "H755A955DEE7B46C6B14BD22FDFA38C89", "header": "Federal reporting required", "nested": [], "links": [] }, { "text": "(c) Public reporting \nIn June of each year the Director of the Administrative Office of the United States Courts shall release to the public, post online, and transmit to the Congress a full and complete report concerning the use of facial recognition in conjunction with reference photo databases, including the information reported to the Director pursuant to subsections (a) and (b).", "id": "H4A592E32BB0942E8932EA4EDFCBDFF55", "header": "Public reporting", "nested": [], "links": [] }, { "text": "(d) Rules \nThe Director of the Bureau of Justice Assistance and the Director of the Administrative Office of the United States Courts shall issue rules with respect to the content and form of the reports required to be filed under subsections (a) through (c) of this section and sections 105 and 106 of this Act.", "id": "HCA51C9CC07324B478B036853EA046257", "header": "Rules", "nested": [], "links": [] } ], "links": [] }, { "text": "105. Audits \n(a) Federal level audit \n(1) In general \nAny Federal law enforcement agency whose investigative or law enforcement officers use facial recognition, regardless of whether they use a system operated by that agency or another agency, shall annually submit data with respect to their use of facial recognition for audit by the Government Accountability Office to prevent and identify misuse and to ensure compliance with sections 101, 102, and 103 of this Act, including— (A) a summary of the findings of the audit, including the number and nature of violations identified; and (B) information about the procedures used by the law enforcement agency to remove arrest photos from databases in accordance with this Act. (2) Suspension \n(A) In general \nIf a violation is uncovered by the audit conducted under paragraph (1), the Federal law enforcement agency shall cease using facial recognition until such time that all violations have been corrected. (B) Public notice \nIf use of facial recognition is suspended pursuant to subparagraph (A), the Federal law enforcement agency shall notify the public of such suspension. (b) State level audit \n(1) In general \nAny State or local law enforcement agency whose investigative or law enforcement officers use facial recognition, regardless of whether they use a system operated by that agency or another agency, shall annually submit data with respect to their use of facial recognition to an independent State agency (as determined by the chief executive of the State) to prevent and identify misuse and to ensure compliance with sections 101, 102, and 103 of this Act. Such independent State agency shall report— (A) a summary of the findings of the audit, including the number and nature of violations identified, to Director of the Administrative Office of the United States Courts, and subsequently release that information to the public and post it online; (B) information about the procedures used by the law enforcement agency to remove arrest photos from databases in accordance with this section; and (C) any violations identified by the independent State agency. (2) Suspension \n(A) In general \nIf a violation is uncovered by the audit conducted under paragraph (1), the State or local law enforcement agency shall cease using facial recognition until such time that all violations have been corrected. (B) Public notice \nIf use of facial recognition is suspended pursuant to subparagraph (A), the State or local law enforcement agency shall notify the public of such suspension. (c) Disaggregated data \nData collected pursuant to subsection (a) or (b) shall, when feasible, be collected in a manner that allows such data to be disaggregated by race, ethnicity, gender, and age.", "id": "HD256E3F32FF14752B1B76358609C1ADB", "header": "Audits", "nested": [ { "text": "(a) Federal level audit \n(1) In general \nAny Federal law enforcement agency whose investigative or law enforcement officers use facial recognition, regardless of whether they use a system operated by that agency or another agency, shall annually submit data with respect to their use of facial recognition for audit by the Government Accountability Office to prevent and identify misuse and to ensure compliance with sections 101, 102, and 103 of this Act, including— (A) a summary of the findings of the audit, including the number and nature of violations identified; and (B) information about the procedures used by the law enforcement agency to remove arrest photos from databases in accordance with this Act. (2) Suspension \n(A) In general \nIf a violation is uncovered by the audit conducted under paragraph (1), the Federal law enforcement agency shall cease using facial recognition until such time that all violations have been corrected. (B) Public notice \nIf use of facial recognition is suspended pursuant to subparagraph (A), the Federal law enforcement agency shall notify the public of such suspension.", "id": "H3FCEEBBCA65E4A80945A73FB87359DCA", "header": "Federal level audit", "nested": [], "links": [] }, { "text": "(b) State level audit \n(1) In general \nAny State or local law enforcement agency whose investigative or law enforcement officers use facial recognition, regardless of whether they use a system operated by that agency or another agency, shall annually submit data with respect to their use of facial recognition to an independent State agency (as determined by the chief executive of the State) to prevent and identify misuse and to ensure compliance with sections 101, 102, and 103 of this Act. Such independent State agency shall report— (A) a summary of the findings of the audit, including the number and nature of violations identified, to Director of the Administrative Office of the United States Courts, and subsequently release that information to the public and post it online; (B) information about the procedures used by the law enforcement agency to remove arrest photos from databases in accordance with this section; and (C) any violations identified by the independent State agency. (2) Suspension \n(A) In general \nIf a violation is uncovered by the audit conducted under paragraph (1), the State or local law enforcement agency shall cease using facial recognition until such time that all violations have been corrected. (B) Public notice \nIf use of facial recognition is suspended pursuant to subparagraph (A), the State or local law enforcement agency shall notify the public of such suspension.", "id": "HB653469391564E4C84687EAF85D347C0", "header": "State level audit", "nested": [], "links": [] }, { "text": "(c) Disaggregated data \nData collected pursuant to subsection (a) or (b) shall, when feasible, be collected in a manner that allows such data to be disaggregated by race, ethnicity, gender, and age.", "id": "HEDEF7CF856E5499A9E6FD175C84912AD", "header": "Disaggregated data", "nested": [], "links": [] } ], "links": [] }, { "text": "106. Accuracy and bias testing \n(a) Benchmark testing \nNo investigative or law enforcement officers may use a facial recognition system or information derived from it unless that system is annually submitted to the National Institute of Standards and Technology’s benchmark facial recognition test for law enforcement to determine— (1) the accuracy of the system; and (2) whether the accuracy of the system varies significantly on the basis of race, ethnicity, gender or age. (b) Benchmark testing for new systems \nNo investigative or law enforcement officers may begin using a new facial recognition system or information derived from it unless that system is first submitted to independent testing to determine— (1) the accuracy of the system; and (2) whether the accuracy of the system varies significantly on the basis of race, ethnicity, gender, or age. (c) Prohibition \nAny investigative or law enforcement officer may not use facial recognition that has not achieved a sufficiently high level of accuracy, including in terms of overall accuracy and variance on the basis of race, ethnicity, gender, or age, as determined by the National Institute of Standards and Technology, on its annual benchmark test for law enforcement use. (d) Operational testing \nNo investigative or law enforcement agencies may use a facial recognition system or information derived from it unless that system is annually submitted to operational testing conducted by an independent entity, in accordance with National Institute of Standards and Technology’s training protocol for operational testing, to determine— (1) the accuracy of the system; (2) the impact of human reviewers on system accuracy; and (3) whether the accuracy of the system varies significantly on the basis of race, ethnicity, gender, or age. (e) Reporting \nA summary of the findings of the tests required by subsection (a) or (d) shall be submitted to the Director of the Administrative Office of the United States Courts and posted on the internet website of the Administrative Office of the United States Courts. (f) Rulemaking required \nThe Assistant Attorney General of the Department of Justice Civil Rights Division shall issue a rule that establishes what is a sufficiently high level of accuracy for a facial recognition system used by law enforcement, including in terms of overall accuracy and variance on the basis of race, ethnicity, gender, and age. The Assistant Attorney General of the Department of Justice Civil Rights Division shall consult with outside experts in civil rights, civil liberties, racial justice, data privacy, bioethics, law enforcement, public defense, and forensic science and other relevant areas of expertise in drafting the proposed rule. (g) Effective date \nThis section shall take effect 18 months after the date of enactment of this Act.", "id": "HC108B1F8D8BD41CC9D82E1C4C7210F1A", "header": "Accuracy and bias testing", "nested": [ { "text": "(a) Benchmark testing \nNo investigative or law enforcement officers may use a facial recognition system or information derived from it unless that system is annually submitted to the National Institute of Standards and Technology’s benchmark facial recognition test for law enforcement to determine— (1) the accuracy of the system; and (2) whether the accuracy of the system varies significantly on the basis of race, ethnicity, gender or age.", "id": "H420531EE739A4508A456FD87FEB0DB22", "header": "Benchmark testing", "nested": [], "links": [] }, { "text": "(b) Benchmark testing for new systems \nNo investigative or law enforcement officers may begin using a new facial recognition system or information derived from it unless that system is first submitted to independent testing to determine— (1) the accuracy of the system; and (2) whether the accuracy of the system varies significantly on the basis of race, ethnicity, gender, or age.", "id": "HEB1157C6239F43FD96693952A45A1CD9", "header": "Benchmark testing for new systems", "nested": [], "links": [] }, { "text": "(c) Prohibition \nAny investigative or law enforcement officer may not use facial recognition that has not achieved a sufficiently high level of accuracy, including in terms of overall accuracy and variance on the basis of race, ethnicity, gender, or age, as determined by the National Institute of Standards and Technology, on its annual benchmark test for law enforcement use.", "id": "HB446BCF3724044DFABA23388C5B323E7", "header": "Prohibition", "nested": [], "links": [] }, { "text": "(d) Operational testing \nNo investigative or law enforcement agencies may use a facial recognition system or information derived from it unless that system is annually submitted to operational testing conducted by an independent entity, in accordance with National Institute of Standards and Technology’s training protocol for operational testing, to determine— (1) the accuracy of the system; (2) the impact of human reviewers on system accuracy; and (3) whether the accuracy of the system varies significantly on the basis of race, ethnicity, gender, or age.", "id": "H782111A63AF24BD18B3349B3F7D19E6E", "header": "Operational testing", "nested": [], "links": [] }, { "text": "(e) Reporting \nA summary of the findings of the tests required by subsection (a) or (d) shall be submitted to the Director of the Administrative Office of the United States Courts and posted on the internet website of the Administrative Office of the United States Courts.", "id": "HA6F25C4F5C9C4FED800084A1750423C8", "header": "Reporting", "nested": [], "links": [] }, { "text": "(f) Rulemaking required \nThe Assistant Attorney General of the Department of Justice Civil Rights Division shall issue a rule that establishes what is a sufficiently high level of accuracy for a facial recognition system used by law enforcement, including in terms of overall accuracy and variance on the basis of race, ethnicity, gender, and age. The Assistant Attorney General of the Department of Justice Civil Rights Division shall consult with outside experts in civil rights, civil liberties, racial justice, data privacy, bioethics, law enforcement, public defense, and forensic science and other relevant areas of expertise in drafting the proposed rule.", "id": "H6F662632F253497AB266ECA2D77DF396", "header": "Rulemaking required", "nested": [], "links": [] }, { "text": "(g) Effective date \nThis section shall take effect 18 months after the date of enactment of this Act.", "id": "H0D4DBF4C3BB14DC49F1CA43CE362B52F", "header": "Effective date", "nested": [], "links": [] } ], "links": [] }, { "text": "107. Enforcement \n(a) Suppression \nIn the case that the use of facial recognition has occurred, no results from the use and no evidence derived therefrom may be received in evidence in any trial, hearing, or other proceeding in or before any court, grand jury, department, officer, agency, regulatory body, legislative committee, or other authority of the United States, a State, or a political subdivision thereof if the use of facial recognition violated this Act or if the use was conducted in an emergency under section 101 and the officer or agency did not subsequently obtain an order for that use as required under such section. (b) Administrative Discipline \nIf a court or law enforcement agency determines that an investigative or law enforcement officer has violated any provision of this Act, and the court or agency finds that the circumstances surrounding the violation raise serious questions about whether or not the officer acted intentionally with respect to the violation, the agency shall promptly initiate a proceeding to determine whether disciplinary action against the officer is warranted. (c) Civil action \n(1) In General \nAny person who is subject to identification or attempted identification through facial recognition in violation of this Act may bring a civil action in the appropriate court to recover such relief as may be appropriate from the investigative or law enforcement officer or the State or Federal law enforcement agency which engaged in that violation. (2) Relief \nIn an action under this subsection, appropriate relief includes— (A) such preliminary and other equitable or declaratory relief as may be appropriate; (B) damages under paragraph (3) and punitive damages in appropriate cases; and (C) a reasonable attorney’s fee and other litigation costs reasonably incurred. (3) Computation of Damages \nThe court may assess as damages whichever is the greater of— (A) any profits made with respect to the violation suffered by the plaintiff; or (B) $50,000 for each violation. (4) Defense \nA good faith reliance on— (A) a court warrant or order, a grand jury subpoena, a legislative authorization, or a statutory authorization; or (B) a good faith determination that section 101 permitted the conduct complained of, is a complete defense against any civil action brought under this Act. (5) Limitation \nA civil action under this section may not be commenced later than two years after the date upon which the claimant first has a reasonable opportunity to discover the violation. (d) Civil action for disparate impact \nAn individual may bring a civil action when use of facial recognition or face surveillance by a law enforcement agency, or any technological element, criteria, method, or design feature thereof acting individually or in concert, results in disparate treatment or adverse impact against an individual or class of individuals on the basis of race, ethnicity, gender, or age.", "id": "H509C9321ABB74BFDB14332340EA128F2", "header": "Enforcement", "nested": [ { "text": "(a) Suppression \nIn the case that the use of facial recognition has occurred, no results from the use and no evidence derived therefrom may be received in evidence in any trial, hearing, or other proceeding in or before any court, grand jury, department, officer, agency, regulatory body, legislative committee, or other authority of the United States, a State, or a political subdivision thereof if the use of facial recognition violated this Act or if the use was conducted in an emergency under section 101 and the officer or agency did not subsequently obtain an order for that use as required under such section.", "id": "H2ACE3180665D4D69ADE3AC802932B80B", "header": "Suppression", "nested": [], "links": [] }, { "text": "(b) Administrative Discipline \nIf a court or law enforcement agency determines that an investigative or law enforcement officer has violated any provision of this Act, and the court or agency finds that the circumstances surrounding the violation raise serious questions about whether or not the officer acted intentionally with respect to the violation, the agency shall promptly initiate a proceeding to determine whether disciplinary action against the officer is warranted.", "id": "H902C936D85D342B0851B64650C740D99", "header": "Administrative Discipline", "nested": [], "links": [] }, { "text": "(c) Civil action \n(1) In General \nAny person who is subject to identification or attempted identification through facial recognition in violation of this Act may bring a civil action in the appropriate court to recover such relief as may be appropriate from the investigative or law enforcement officer or the State or Federal law enforcement agency which engaged in that violation. (2) Relief \nIn an action under this subsection, appropriate relief includes— (A) such preliminary and other equitable or declaratory relief as may be appropriate; (B) damages under paragraph (3) and punitive damages in appropriate cases; and (C) a reasonable attorney’s fee and other litigation costs reasonably incurred. (3) Computation of Damages \nThe court may assess as damages whichever is the greater of— (A) any profits made with respect to the violation suffered by the plaintiff; or (B) $50,000 for each violation. (4) Defense \nA good faith reliance on— (A) a court warrant or order, a grand jury subpoena, a legislative authorization, or a statutory authorization; or (B) a good faith determination that section 101 permitted the conduct complained of, is a complete defense against any civil action brought under this Act. (5) Limitation \nA civil action under this section may not be commenced later than two years after the date upon which the claimant first has a reasonable opportunity to discover the violation.", "id": "HCCABB736BB3141068F26334796783ECC", "header": "Civil action", "nested": [], "links": [] }, { "text": "(d) Civil action for disparate impact \nAn individual may bring a civil action when use of facial recognition or face surveillance by a law enforcement agency, or any technological element, criteria, method, or design feature thereof acting individually or in concert, results in disparate treatment or adverse impact against an individual or class of individuals on the basis of race, ethnicity, gender, or age.", "id": "H9F809EA72C0044FD9A825354A1A39596", "header": "Civil action for disparate impact", "nested": [], "links": [] } ], "links": [] }, { "text": "108. Notice requirement \n(a) Notice requirement \nA law enforcement agency that uses facial recognition to attempt to identify an individual who is arrested shall, at minimum, provide to the individual— (1) a notice of— (A) the name the law enforcement agency that operated the facial recognition system used; and (B) the name of the database, if any, that was used to identify the individual; and (2) a copy of— (A) the order that authorized the use of facial recognition; (B) accuracy or bias reports required under this Act; (C) each probe image that was used by the agency; (D) any modifications made to the probe image; (E) the candidate list, in rank order, produced by the facial recognition system; and (F) any other police documentation related to the use of facial recognition in the law enforcement investigation. (b) Language requirement \nThe information required under subsection (a) shall be provided to such individual in an appropriate language for such individual if the individual is not fluent or literate in English.", "id": "HDF6DC6F0822946D9938B76E610C752B2", "header": "Notice requirement", "nested": [ { "text": "(a) Notice requirement \nA law enforcement agency that uses facial recognition to attempt to identify an individual who is arrested shall, at minimum, provide to the individual— (1) a notice of— (A) the name the law enforcement agency that operated the facial recognition system used; and (B) the name of the database, if any, that was used to identify the individual; and (2) a copy of— (A) the order that authorized the use of facial recognition; (B) accuracy or bias reports required under this Act; (C) each probe image that was used by the agency; (D) any modifications made to the probe image; (E) the candidate list, in rank order, produced by the facial recognition system; and (F) any other police documentation related to the use of facial recognition in the law enforcement investigation.", "id": "HA21EC4519ABE4715A5128C79C2201F96", "header": "Notice requirement", "nested": [], "links": [] }, { "text": "(b) Language requirement \nThe information required under subsection (a) shall be provided to such individual in an appropriate language for such individual if the individual is not fluent or literate in English.", "id": "H2B3CBEE204DD44C4967B7837923B8149", "header": "Language requirement", "nested": [], "links": [] } ], "links": [] }, { "text": "201. National Institute for Standards and Technology assistance \n(a) In general \nThe National Institute of Standards and Technology (hereinafter in this section referred to as NIST ) shall— (1) develop best practices for law enforcement agencies to evaluate the accuracy and fairness of their facial recognition systems; (2) develop and offer an ongoing benchmark facial recognition test for law enforcement that— (A) conducts evaluations of actual algorithms used by law enforcement agencies; (B) uses the types of probe images, including in terms of quality, actually used by law enforcement agencies in its testing; (C) evaluates algorithms on larger databases that reflect the size of databases actually used by law enforcement; and (D) evaluates whether the accuracy of a facial recognition algorithm varies on the basis of race, ethnicity, gender, or age and assessments of bias in facial recognition systems; (3) develop an operational testing protocol that independent testers and law enforcement agencies may implement for annual operational testing to determine— (A) the accuracy of the facial recognition system; (B) the impact of human reviewers on facial recognition system accuracy; and (C) whether the accuracy of the facial recognition system varies significantly on the basis of race, ethnicity, gender, or age; and (4) study and develop training standards for human operators reviewing the results of facial recognition searches to ensure accuracy and prevent bias. (b) Authorization of appropriations \nThere is authorized to be appropriated to the National Institute of Standards and Technology to carry out subsection (a) $5,000,000 for each of the fiscal years 2024 through 2027.", "id": "H7F8BF24147A646A9A8C1C8B12565613C", "header": "National Institute for Standards and Technology assistance", "nested": [ { "text": "(a) In general \nThe National Institute of Standards and Technology (hereinafter in this section referred to as NIST ) shall— (1) develop best practices for law enforcement agencies to evaluate the accuracy and fairness of their facial recognition systems; (2) develop and offer an ongoing benchmark facial recognition test for law enforcement that— (A) conducts evaluations of actual algorithms used by law enforcement agencies; (B) uses the types of probe images, including in terms of quality, actually used by law enforcement agencies in its testing; (C) evaluates algorithms on larger databases that reflect the size of databases actually used by law enforcement; and (D) evaluates whether the accuracy of a facial recognition algorithm varies on the basis of race, ethnicity, gender, or age and assessments of bias in facial recognition systems; (3) develop an operational testing protocol that independent testers and law enforcement agencies may implement for annual operational testing to determine— (A) the accuracy of the facial recognition system; (B) the impact of human reviewers on facial recognition system accuracy; and (C) whether the accuracy of the facial recognition system varies significantly on the basis of race, ethnicity, gender, or age; and (4) study and develop training standards for human operators reviewing the results of facial recognition searches to ensure accuracy and prevent bias.", "id": "HB7E73AF58D12455CB8725A7CB4B3151B", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Authorization of appropriations \nThere is authorized to be appropriated to the National Institute of Standards and Technology to carry out subsection (a) $5,000,000 for each of the fiscal years 2024 through 2027.", "id": "H11B4B873B9CB4969A8BFDD869099B65A", "header": "Authorization of appropriations", "nested": [], "links": [] } ], "links": [] }, { "text": "202. Rule of construction with respect to State and local privacy protections \n(a) Rule of construction \nNothing in this Act shall be construed to preempt concurrent or more stringent limitations on the use of facial recognition, or any other privacy, civil rights, and civil liberties laws and rules, by the Federal Government, a State, or a political subdivision of a State. (b) Use of facial recognition \nNothing in this Act shall be construed to authorize the use of facial recognition by a State, or a political subdivision of a State, unless the laws of that State or political subdivision expressly and unambiguously authorizes such use.", "id": "H2B16846C949D4002AC9B6F4B1B349EE7", "header": "Rule of construction with respect to State and local privacy protections", "nested": [ { "text": "(a) Rule of construction \nNothing in this Act shall be construed to preempt concurrent or more stringent limitations on the use of facial recognition, or any other privacy, civil rights, and civil liberties laws and rules, by the Federal Government, a State, or a political subdivision of a State.", "id": "H2BA25C82C251426A8134527D6579CFDE", "header": "Rule of construction", "nested": [], "links": [] }, { "text": "(b) Use of facial recognition \nNothing in this Act shall be construed to authorize the use of facial recognition by a State, or a political subdivision of a State, unless the laws of that State or political subdivision expressly and unambiguously authorizes such use.", "id": "H73AF248C2E304711A556A017860CEC08", "header": "Use of facial recognition", "nested": [], "links": [] } ], "links": [] }, { "text": "203. Policy on use of facial recognition systems required \nNot later than 90 days after the date of the enactment of this Act, each agency covered by this statute shall establish and make publicly available on the internet website of such agency a policy governing the agency’s use of facial recognition systems to ensure investigative or law enforcement officer compliance with the requirements of this Act.", "id": "H6292F5BBF7DF4F6FA405015A40D70A9E", "header": "Policy on use of facial recognition systems required", "nested": [], "links": [] }, { "text": "204. Limitation on liability \nA State shall not be immune under the eleventh amendment to the Constitution of the United States from an action in Federal or State court of competent jurisdiction for a violation of this Act. In any action against a State for a violation of the requirements of this Act, remedies (including remedies both at law and in equity) are available for such a violation to the same extent as such remedies are available for such a violation in an action against any public or private entity other than a State.", "id": "HBC6103B149FB42E58C44C409A22414FE", "header": "Limitation on liability", "nested": [], "links": [] } ]

[ "Science, Space, and Technology Committee", "Judiciary Committee" ]

[ { "text": "1. Larry Lavagnino Post Office Building \n(a) Designation \nThe facility of the United States Postal Service located at 201 East Battles Road in Santa Maria, California, shall be known and designated as the Larry Lavagnino Post Office Building. (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 Larry Lavagnino Post Office Building.", "id": "H72A6A428B64147DE9D0EBBECAF35D958", "header": "Larry Lavagnino Post Office Building", "nested": [ { "text": "(a) Designation \nThe facility of the United States Postal Service located at 201 East Battles Road in Santa Maria, California, shall be known and designated as the Larry Lavagnino Post Office Building.", "id": "H2649FF0AEA0F44BB98ACFE5EA77AC51F", "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 Larry Lavagnino Post Office Building.", "id": "H71137F2DCC5345D9928410547981A70B", "header": "References", "nested": [], "links": [] } ], "links": [] } ]

[ "Oversight and Accountability Committee" ]

[ { "text": "1. Short title \nThis Act may be cited as the Veterans Service Organization Modernization Act of 2023.", "id": "H1EE218639677436D8EA02E8F49290CF3", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Competitive grants to veterans service organizations for facility rehabilitation and modernization \n(a) Grants \nSection 107 of the Housing and Community Development Act of 1974 ( 42 U.S.C. 5307 ) is amended by adding at the end the following new subsection: (g) Competitive grants to veterans service organizations for facility rehabilitation and upgrading technology \n(1) Authority; eligible activities and uses \nUsing the amounts made available under section 106(a)(4) in each fiscal year for grants under this subsection, the Secretary shall make grants, on a competitive basis, to eligible veterans service organizations, which grant amounts shall be available for use only for— (A) repairs or rehabilitation of existing facilities of such organizations; and (B) modernization of technologies used by such organizations. (2) Eligible veterans service organizations \nFor purposes of this subsection, the term eligible veterans service organization means— (A) an entity that— (i) is organized on a local or area basis; and (ii) is— (I) exempt from taxation pursuant to section 501(c)(19) of the Internal Revenue Code of 1986 ( 26 U.S.C. 501(c)(19) ); or (II) an organization of past or present members of the Armed Forces of the United States that is chartered under title 36, United States Code; and (B) a local or area chapter, post, or other unit of a national, regional, statewide, or other larger entity of which local or area chapters, posts, or units are members— (i) that is exempt from taxation pursuant to section 501(c)(19) of the Internal Revenue Code of 1986 ( 26 U.S.C. 501(c)(19) ); or (ii) which larger entity is an organization of past or present members of the Armed Forces of the United States that is chartered under title 36, United States Code. (3) Limitations \n(A) Amount \nNo eligible veterans service organization may receive grant amounts under this subsection, from the amounts made available for any single fiscal year, in an amount exceeding the lesser of— (i) the aggregate cost of the proposed activities and uses under paragraph (1) for which the grant amounts will be used; or (ii) $100,000. (B) Timing \nAny eligible veterans service organization that receives grant amounts under this subsection from amounts made available for a fiscal year shall be ineligible for any grant from any amounts made available for such grants for any of the succeeding three fiscal years. (4) Applications \nApplications for assistance under this subsection may be submitted only by eligible veterans service organizations, and shall be in such form and in accordance with such procedures as the Secretary shall establish. Such applications shall include a plan for the proposed repair or rehabilitation activities to be conducted using grant amounts under this subsection. (5) Selection; criteria \nThe Secretary shall select applications to receive grants under this subsection pursuant to a competition and based on criteria for such selection, which shall include— (A) the extent of need for such assistance; (B) the quality of the plan proposed for repair or rehabilitation of the facility involved; (C) the capacity or potential capacity of the applicant to successfully carry out the plan; and (D) such other factors as the Secretary determines to be appropriate. (6) Prohibition of construction or acquisition \nNo amounts from a grant under this subsection may be used for the construction or acquisition of a new facility.. (b) Funding \nSubsection (a) of section 106 of the Housing and Community Development Act of 1974 ( 42 U.S.C. 5306(a) ) is amended— (1) in paragraph (4), by striking and (3) ' and inserting (3), and (4) ; (2) by redesignating paragraph (4) as paragraph (5); and (3) by inserting after paragraph (3) the following new paragraph: (4) For each fiscal year, after reserving amounts under paragraphs (1) and (2) and allocating amounts under paragraph (3), the Secretary shall allocate $10,000,000 (subject to sufficient amounts remaining after such reservations and allocation) for grants under section 107(g).. (c) Regulations \nThe Secretary of Housing and Urban Development shall issue any regulations necessary to carry out sections 106(a)(4) and 107(g) of the Housing and Community Development Act of 1974, as added by the amendments made by this section, not later than the expiration of the 90-day period beginning on the date of the enactment of this Act.", "id": "HAE0D196509E74464BDC4A454C8E33175", "header": "Competitive grants to veterans service organizations for facility rehabilitation and modernization", "nested": [ { "text": "(a) Grants \nSection 107 of the Housing and Community Development Act of 1974 ( 42 U.S.C. 5307 ) is amended by adding at the end the following new subsection: (g) Competitive grants to veterans service organizations for facility rehabilitation and upgrading technology \n(1) Authority; eligible activities and uses \nUsing the amounts made available under section 106(a)(4) in each fiscal year for grants under this subsection, the Secretary shall make grants, on a competitive basis, to eligible veterans service organizations, which grant amounts shall be available for use only for— (A) repairs or rehabilitation of existing facilities of such organizations; and (B) modernization of technologies used by such organizations. (2) Eligible veterans service organizations \nFor purposes of this subsection, the term eligible veterans service organization means— (A) an entity that— (i) is organized on a local or area basis; and (ii) is— (I) exempt from taxation pursuant to section 501(c)(19) of the Internal Revenue Code of 1986 ( 26 U.S.C. 501(c)(19) ); or (II) an organization of past or present members of the Armed Forces of the United States that is chartered under title 36, United States Code; and (B) a local or area chapter, post, or other unit of a national, regional, statewide, or other larger entity of which local or area chapters, posts, or units are members— (i) that is exempt from taxation pursuant to section 501(c)(19) of the Internal Revenue Code of 1986 ( 26 U.S.C. 501(c)(19) ); or (ii) which larger entity is an organization of past or present members of the Armed Forces of the United States that is chartered under title 36, United States Code. (3) Limitations \n(A) Amount \nNo eligible veterans service organization may receive grant amounts under this subsection, from the amounts made available for any single fiscal year, in an amount exceeding the lesser of— (i) the aggregate cost of the proposed activities and uses under paragraph (1) for which the grant amounts will be used; or (ii) $100,000. (B) Timing \nAny eligible veterans service organization that receives grant amounts under this subsection from amounts made available for a fiscal year shall be ineligible for any grant from any amounts made available for such grants for any of the succeeding three fiscal years. (4) Applications \nApplications for assistance under this subsection may be submitted only by eligible veterans service organizations, and shall be in such form and in accordance with such procedures as the Secretary shall establish. Such applications shall include a plan for the proposed repair or rehabilitation activities to be conducted using grant amounts under this subsection. (5) Selection; criteria \nThe Secretary shall select applications to receive grants under this subsection pursuant to a competition and based on criteria for such selection, which shall include— (A) the extent of need for such assistance; (B) the quality of the plan proposed for repair or rehabilitation of the facility involved; (C) the capacity or potential capacity of the applicant to successfully carry out the plan; and (D) such other factors as the Secretary determines to be appropriate. (6) Prohibition of construction or acquisition \nNo amounts from a grant under this subsection may be used for the construction or acquisition of a new facility..", "id": "H6566B63BEA8E4F9CBE873CCB80C09AC0", "header": "Grants", "nested": [], "links": [ { "text": "42 U.S.C. 5307", "legal-doc": "usc", "parsable-cite": "usc/42/5307" }, { "text": "section 501(c)(19)", "legal-doc": "usc", "parsable-cite": "usc/26/501" }, { "text": "26 U.S.C. 501(c)(19)", "legal-doc": "usc", "parsable-cite": "usc/26/501" }, { "text": "section 501(c)(19)", "legal-doc": "usc", "parsable-cite": "usc/26/501" }, { "text": "26 U.S.C. 501(c)(19)", "legal-doc": "usc", "parsable-cite": "usc/26/501" } ] }, { "text": "(b) Funding \nSubsection (a) of section 106 of the Housing and Community Development Act of 1974 ( 42 U.S.C. 5306(a) ) is amended— (1) in paragraph (4), by striking and (3) ' and inserting (3), and (4) ; (2) by redesignating paragraph (4) as paragraph (5); and (3) by inserting after paragraph (3) the following new paragraph: (4) For each fiscal year, after reserving amounts under paragraphs (1) and (2) and allocating amounts under paragraph (3), the Secretary shall allocate $10,000,000 (subject to sufficient amounts remaining after such reservations and allocation) for grants under section 107(g)..", "id": "H29D7FCC9949A4AB399C3B161E32544FB", "header": "Funding", "nested": [], "links": [ { "text": "42 U.S.C. 5306(a)", "legal-doc": "usc", "parsable-cite": "usc/42/5306" } ] }, { "text": "(c) Regulations \nThe Secretary of Housing and Urban Development shall issue any regulations necessary to carry out sections 106(a)(4) and 107(g) of the Housing and Community Development Act of 1974, as added by the amendments made by this section, not later than the expiration of the 90-day period beginning on the date of the enactment of this Act.", "id": "H37978FD072D84DEE907D05BF328BA475", "header": "Regulations", "nested": [], "links": [] } ], "links": [ { "text": "42 U.S.C. 5307", "legal-doc": "usc", "parsable-cite": "usc/42/5307" }, { "text": "section 501(c)(19)", "legal-doc": "usc", "parsable-cite": "usc/26/501" }, { "text": "26 U.S.C. 501(c)(19)", "legal-doc": "usc", "parsable-cite": "usc/26/501" }, { "text": "section 501(c)(19)", "legal-doc": "usc", "parsable-cite": "usc/26/501" }, { "text": "26 U.S.C. 501(c)(19)", "legal-doc": "usc", "parsable-cite": "usc/26/501" }, { "text": "42 U.S.C. 5306(a)", "legal-doc": "usc", "parsable-cite": "usc/42/5306" } ] } ]

[ "Financial Services Committee" ]

[ { "text": "1. Limitation on availability of funds for US Department of Agriculture, Agricultural Marketing Service, Food Safety and Inspection Service for fiscal year 2024 \nNotwithstanding any other provision of the law, amounts authorized to be appropriated or otherwise available for US Department of Agriculture, Agricultural Marketing Service, Food Safety and Inspection Service for fiscal year 2024 may not exceed $1,049,344,000.", "id": "H32F891CC025143BF93B1DAF361977921", "header": "Limitation on availability of funds for US Department of Agriculture, Agricultural Marketing Service, Food Safety and Inspection Service for fiscal year 2024", "nested": [], "links": [] } ]

[ "Agriculture Committee" ]

[ { "text": "1. Short title \nThis Act may be cited as the Saving the Civil Service Act.", "id": "H509E97D1DFDD4C22AE41623FF6124047", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Limitations on excepting positions from competitive service and transferring positions \n(a) In general \nA position in the competitive service may not be excepted from the competitive service unless such position is placed— (1) in any of the schedules A through E as described in section 6.2 of title 5, Code of Federal Regulations, as in effect on September 30, 2020; and (2) under the terms and conditions under part 6 of such title as in effect on such date. (b) Transfers \n(1) Within excepted service \nA position in the excepted service may not be transferred to any schedule other than a schedule described in subsection (a)(1). (2) OPM consent required \nAn agency may not transfer any occupied position from the competitive service or excepted service into schedule C of subpart C of part 213 of title 5, Code of Federal Regulations, without the prior consent of the Director of the Office of Personnel Management. (3) Limit during presidential term \nDuring any four-year presidential term, an agency may not transfer from the competitive service into the excepted service a total number of employees that is more than one percent of the total number of employees at such agency as of the first day of such term, or five employees, whichever is greater. (4) Employee consent required \nNotwithstanding any other provision of this section— (A) an employee who occupies a position in the excepted service may not be transferred to an excepted service schedule other than the schedule such position is located without the prior written consent of the employee; and (B) an employee who occupies a position in the competitive service may not be transferred to the excepted service without the employee’s prior written consent. (c) Other matters \n(1) Application \nNotwithstanding section 7425(b) of title 38, United States Code, this section shall apply to positions under chapter 73 or 74 of such title. (2) Regulations \nThe Director shall issue regulations to implement this section. (d) Definitions \nIn this section— (1) the term agency means any department, agency, or instrumentality of the Federal Government; (2) the term competitive service has the meaning given that term in section 2102 of title 5, United States Code; (3) the term Director means the Director of the Office of Personnel Management; and (4) the term excepted service has the meaning given that term in section 2103 of title 5, United States Code.", "id": "H17ED0887A11848FA9C4D87C28E39B677", "header": "Limitations on excepting positions from competitive service and transferring positions", "nested": [ { "text": "(a) In general \nA position in the competitive service may not be excepted from the competitive service unless such position is placed— (1) in any of the schedules A through E as described in section 6.2 of title 5, Code of Federal Regulations, as in effect on September 30, 2020; and (2) under the terms and conditions under part 6 of such title as in effect on such date.", "id": "HC3E9429981584C139A4A93BEB321F04C", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Transfers \n(1) Within excepted service \nA position in the excepted service may not be transferred to any schedule other than a schedule described in subsection (a)(1). (2) OPM consent required \nAn agency may not transfer any occupied position from the competitive service or excepted service into schedule C of subpart C of part 213 of title 5, Code of Federal Regulations, without the prior consent of the Director of the Office of Personnel Management. (3) Limit during presidential term \nDuring any four-year presidential term, an agency may not transfer from the competitive service into the excepted service a total number of employees that is more than one percent of the total number of employees at such agency as of the first day of such term, or five employees, whichever is greater. (4) Employee consent required \nNotwithstanding any other provision of this section— (A) an employee who occupies a position in the excepted service may not be transferred to an excepted service schedule other than the schedule such position is located without the prior written consent of the employee; and (B) an employee who occupies a position in the competitive service may not be transferred to the excepted service without the employee’s prior written consent.", "id": "H9BF3952D360E40F49B9E089FEBF3E499", "header": "Transfers", "nested": [], "links": [] }, { "text": "(c) Other matters \n(1) Application \nNotwithstanding section 7425(b) of title 38, United States Code, this section shall apply to positions under chapter 73 or 74 of such title. (2) Regulations \nThe Director shall issue regulations to implement this section.", "id": "H61740B85A83F44D580935C464D178DF2", "header": "Other matters", "nested": [], "links": [] }, { "text": "(d) Definitions \nIn this section— (1) the term agency means any department, agency, or instrumentality of the Federal Government; (2) the term competitive service has the meaning given that term in section 2102 of title 5, United States Code; (3) the term Director means the Director of the Office of Personnel Management; and (4) the term excepted service has the meaning given that term in section 2103 of title 5, United States Code.", "id": "HD2752ECCECA641CB8B318CF26BA026B6", "header": "Definitions", "nested": [], "links": [] } ], "links": [] } ]

[ "Oversight and Accountability Committee" ]

[ { "text": "1. Short title \nThis Act may be cited as the Deliver Executive Profits On Seized Institutions to Taxpayers Act or the DEPOSIT Act.", "id": "H4E30369532CE4BE5AE7C9FC1A6D4E658", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Sense of the Congress \nIt is the sense of the Congress that the revenue raised from the tax imposed under section 1(k) of the Internal Revenue Code of 1986 (as added by section 3) will be returned to the Deposit Insurance Fund (as defined in section 3 of the Federal Deposit Insurance Act ( 12 U.S.C. 1813 )).", "id": "HE431E21EB02F4D3891A6E5DB2429B8B1", "header": "Sense of the Congress", "nested": [], "links": [ { "text": "section 1(k)", "legal-doc": "usc", "parsable-cite": "usc/26/1" }, { "text": "12 U.S.C. 1813", "legal-doc": "usc", "parsable-cite": "usc/12/1813" } ] }, { "text": "3. Higher rate of tax on bonuses and stock profits received by certain bank executives \n(a) In general \nSection 1 of the Internal Revenue Code of 1986 is amended by adding at the end the following new subsection: (k) Rate of tax on profits received by certain bank executives \n(1) In general \nIn the case of any applicable individual who receives any excluded profits during the taxable year, the tax imposed by this section shall be equal to— (A) the tax which would be imposed by this section if the taxable income of such individual for the taxable year were reduced (but not below zero) by the amount of the excluded profits received by such individual during such taxable year, plus (B) 90 percent of the excluded profits described in subclause (I) of paragraph (2)(B)(i) which were received by such individual during such taxable year, plus (C) 100 percent of the excluded profits described in subclause (II) of such paragraph which were received by such individual during such taxable year. (2) Definitions \nFor purposes of this subsection— (A) Applicable individual \nThe term applicable individual means any individual— (i) who— (I) was employed by an insured depository institution for which the Federal Deposit Insurance Corporation has been appointed conservator or receiver, and (II) served as an executive officer for such institution prior to such conservatorship or receivership, and (ii) with respect to the taxable year in which the excluded profits were received, whose adjusted gross income (reduced by the amount of such excluded profits) for such taxable year was greater than $250,000. (B) Excluded profits \n(i) In general \nThe term excluded profits means, with respect to any applicable individual for any taxable year— (I) any payment in the nature of a bonus which is paid— (aa) after March 1, 2023, and (bb) by any insured depository institution within the 60-day period prior to the date on which the Federal Deposit Insurance Corporation was appointed conservator or receiver for such institution, or (II) any profit made by such applicable individual from the sale of any security of the insured depository institution that employs such applicable individual, if that sale occurs not more than 60 days before the date on which the Federal Deposit Insurance Corporation is appointed conservator or receiver with respect to the insured depository institution. (ii) Controlled groups \n(I) In general \nFor purposes of clause (i), all persons treated as a single employer under subsection (a) or (b) of section 52 or under subsection (m) or (o) of section 414 shall be treated as one person. (II) Inclusion of foreign corporations \nFor purposes of subclause (I), in applying subsections (a) and (b) of section 52 to this section, section 1563 shall be applied without regard to subsection (b)(2)(C) thereof. (C) Executive officer \nThe term executive officer means, with respect to any insured depository institution, its president, any vice president of such institution in charge of a principal business unit, division or function (such as sales, administration or finance), any other officer who performs a policy making function or any other person who performs similar policy making functions for such institution. Executive officers of subsidiaries may be deemed executive officers of such institution if they perform such policy making functions for such institution. (D) Insured depository institution \nThe term insured depository institution has the same meaning given such term under section 3 of the Federal Deposit Insurance Act ( 12 U.S.C. 1813 ).. (b) Effective date \nThe amendment made by this section shall apply to taxable years ending after the date of the enactment of this Act.", "id": "HE6087ED5F4294CB4923BBC28A4C4C7E0", "header": "Higher rate of tax on bonuses and stock profits received by certain bank executives", "nested": [ { "text": "(a) In general \nSection 1 of the Internal Revenue Code of 1986 is amended by adding at the end the following new subsection: (k) Rate of tax on profits received by certain bank executives \n(1) In general \nIn the case of any applicable individual who receives any excluded profits during the taxable year, the tax imposed by this section shall be equal to— (A) the tax which would be imposed by this section if the taxable income of such individual for the taxable year were reduced (but not below zero) by the amount of the excluded profits received by such individual during such taxable year, plus (B) 90 percent of the excluded profits described in subclause (I) of paragraph (2)(B)(i) which were received by such individual during such taxable year, plus (C) 100 percent of the excluded profits described in subclause (II) of such paragraph which were received by such individual during such taxable year. (2) Definitions \nFor purposes of this subsection— (A) Applicable individual \nThe term applicable individual means any individual— (i) who— (I) was employed by an insured depository institution for which the Federal Deposit Insurance Corporation has been appointed conservator or receiver, and (II) served as an executive officer for such institution prior to such conservatorship or receivership, and (ii) with respect to the taxable year in which the excluded profits were received, whose adjusted gross income (reduced by the amount of such excluded profits) for such taxable year was greater than $250,000. (B) Excluded profits \n(i) In general \nThe term excluded profits means, with respect to any applicable individual for any taxable year— (I) any payment in the nature of a bonus which is paid— (aa) after March 1, 2023, and (bb) by any insured depository institution within the 60-day period prior to the date on which the Federal Deposit Insurance Corporation was appointed conservator or receiver for such institution, or (II) any profit made by such applicable individual from the sale of any security of the insured depository institution that employs such applicable individual, if that sale occurs not more than 60 days before the date on which the Federal Deposit Insurance Corporation is appointed conservator or receiver with respect to the insured depository institution. (ii) Controlled groups \n(I) In general \nFor purposes of clause (i), all persons treated as a single employer under subsection (a) or (b) of section 52 or under subsection (m) or (o) of section 414 shall be treated as one person. (II) Inclusion of foreign corporations \nFor purposes of subclause (I), in applying subsections (a) and (b) of section 52 to this section, section 1563 shall be applied without regard to subsection (b)(2)(C) thereof. (C) Executive officer \nThe term executive officer means, with respect to any insured depository institution, its president, any vice president of such institution in charge of a principal business unit, division or function (such as sales, administration or finance), any other officer who performs a policy making function or any other person who performs similar policy making functions for such institution. Executive officers of subsidiaries may be deemed executive officers of such institution if they perform such policy making functions for such institution. (D) Insured depository institution \nThe term insured depository institution has the same meaning given such term under section 3 of the Federal Deposit Insurance Act ( 12 U.S.C. 1813 )..", "id": "H9C2DCB55C42F4335A8B6C1FDA6393947", "header": "In general", "nested": [], "links": [ { "text": "Section 1", "legal-doc": "usc", "parsable-cite": "usc/26/1" }, { "text": "12 U.S.C. 1813", "legal-doc": "usc", "parsable-cite": "usc/12/1813" } ] }, { "text": "(b) Effective date \nThe amendment made by this section shall apply to taxable years ending after the date of the enactment of this Act.", "id": "H3C858572E403487A854B53D852731308", "header": "Effective date", "nested": [], "links": [] } ], "links": [ { "text": "Section 1", "legal-doc": "usc", "parsable-cite": "usc/26/1" }, { "text": "12 U.S.C. 1813", "legal-doc": "usc", "parsable-cite": "usc/12/1813" } ] } ]

[ "Ways and Means Committee" ]

[ { "text": "1. Short title \nThis Act may be cited as the Special Relationship Military Improvement Act of 2023.", "id": "H387F176322A544B5ADB233F420E3E891", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Exemption \nSection 38 of the Arms Export Control Act ( 22 U.S.C. 2778 ) is amended— (1) in subsection (f)(3), by inserting or the United Kingdom after Canada ; and (2) in subsection (j)(1), by striking subparagraph (C) and inserting after subparagraph (B) the following new subparagraphs: (C) Exception for the United Kingdom \nThe requirement to conclude a bilateral agreement in accordance with subparagraph (A) shall not apply with respect to an exemption for the United Kingdom from the licensing requirements of this chapter for the export of defense items. (D) Exception for defense cooperation treaties \nThe requirement to conclude a bilateral agreement in accordance with subparagraph (A) shall not apply with respect to an exemption from the licensing requirements of this chapter for the export of defense items to give effect to the Treaty Between the Government of the United States of America and the Government of Australia Concerning Defense Trade Cooperation, done at Sydney September 5, 2007 (and any implementing arrangement thereto), except that the United States shall exempt from the scope of such treaty— (i) complete rocket systems (including ballistic missile systems, space launch vehicles, and sounding rockets) or complete unmanned aerial vehicle systems (including cruise missile systems, target drones, and reconnaissance drones) capable of delivering at least a 500 kilogram payload to a range of 300 kilometers, and associated production facilities, software, or technology for these systems, as defined in the Missile Technology Control Regime Annex Category I, Item 1; (ii) individual rocket stages, re-entry vehicles and equipment, solid or liquid propellant motors or engines, guidance sets, thrust vector control systems, and associated production facilities, software, and technology, as defined in the Missile Technology Control Regime Annex Category I, Item 2; (iii) defense articles and defense services listed in the Missile Technology Control Regime Annex Category II that are for use in rocket systems, as that term is used in such Annex, including associated production facilities, software, or technology; (iv) toxicological agents, biological agents, and associated equipment, as listed in the United States Munitions List (part 121.1 of chapter I of title 22, Code of Federal Regulations), Category XIV, subcategories (a), (b), (f)(1), (i), (j) as it pertains to (f)(1), (l) as it pertains to (f)(1), and (m) as it pertains to all of the subcategories cited in this paragraph; (v) defense articles and defense services specific to the design and testing of nuclear weapons which are controlled under United States Munitions List Category XVI(a) and (b), along with associated defense articles in Category XVI(d) and technology in Category XVI(e); and (vi) defense articles for which Australian laws, regulations, or other commitments would prevent Australia from enforcing the control measures specified in such treaty..", "id": "H1703AB33339C46B288C6D65AA11EB5FB", "header": "Exemption", "nested": [], "links": [ { "text": "22 U.S.C. 2778", "legal-doc": "usc", "parsable-cite": "usc/22/2778" } ] } ]

[ "Foreign Affairs Committee" ]

[ { "text": "1. Short title \nThis Act may be cited as the Preserving Safety Net Integrity Act of 2023.", "id": "H16FCA00C3834442286EED9D6CC3E3181", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Legal effect of final rule \n(a) In general \nThe final rule of the Department of Homeland Security entitled Inadmissibility on Public Charge Grounds (85 Fed. Reg. 41292, August 14, 2019) shall have the full force and effect of law. (b) Conforming change \nThe final rule of the Department of Homeland Security entitled Public Charge Ground of Inadmissibility (87 Fed. Reg. 55472, September 9, 2022) shall have no force or effect.", "id": "H3A745017DADB46F2B7F9AC6F15EE0D2C", "header": "Legal effect of final rule", "nested": [ { "text": "(a) In general \nThe final rule of the Department of Homeland Security entitled Inadmissibility on Public Charge Grounds (85 Fed. Reg. 41292, August 14, 2019) shall have the full force and effect of law.", "id": "HC99072BF597948DF9840ABEE62125184", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Conforming change \nThe final rule of the Department of Homeland Security entitled Public Charge Ground of Inadmissibility (87 Fed. Reg. 55472, September 9, 2022) shall have no force or effect.", "id": "H5F78C4199DC141A69CD660AAC042D94D", "header": "Conforming change", "nested": [], "links": [] } ], "links": [] } ]

[ "Judiciary Committee" ]

[ { "text": "1. Limitation on availability of funds for the Peace Corps for fiscal year 2024 \nNotwithstanding any other provision of the law, amounts authorized to be appropriated or otherwise available for the Peace Corps for fiscal year 2024 may not exceed $410,500,000.", "id": "H32F891CC025143BF93B1DAF361977921", "header": "Limitation on availability of funds for the Peace Corps for fiscal year 2024", "nested": [], "links": [] } ]

[ "Foreign Affairs Committee" ]

[ { "text": "1. Short title \nThis Act may be cited as the Science-based Equitable Aquaculture Food Act or the SEAfood Act.", "id": "HF73C9E4D96ED41EC9E5F02463B81B006", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Definitions \nIn this Act: (1) Administrator \nThe term Administrator means the Administrator of the National Oceanographic and Atmospheric Administration. (2) Appropriate committees of Congress \nThe term appropriate committees of Congress means— (A) the Committee on Commerce, Science, and Transportation of the Senate; (B) the Committee on Environment and Public Works of the Senate; (C) the Committee on Agriculture, Nutrition, and Forestry of the Senate; (D) the Committee on Natural Resources of the House of Representatives; (E) the Committee on Agriculture of the House of Representatives; and (F) the Committee on Transportation and Infrastructure of the House of Representatives. (3) Community with environmental justice concerns \nThe term community with environmental justice concerns means a community with significant representation of any of the following: (A) Individuals who reside in a census block group in which 30 percent or more of the population are individuals with an annual household income that does not exceed the greater of— (i) an amount equal to 80 percent of the median income of the area in which the household is located, as reported by the Secretary of Housing and Urban Development; or (ii) 200 percent of the Federal poverty line. (B) Individuals who reside in a geographically distinct area in which the population of any of the following categories of individuals is higher than the average population of that category for the State in which the community is located: (i) Black. (ii) African American. (iii) Asian. (iv) Pacific Islander. (v) Other non-White race. (vi) Hispanic. (vii) Latino. (viii) Linguistically isolated. (C) Members of a Tribal or Indigenous community. (4) Council Coordination Committee \nThe term Council Coordination Committee means the committee established under section 302(l) of the Magnuson-Stevens Fishery Conservation and Management Act ( 16 U.S.C. 1852(l) ). (5) Covered institution \nThe term covered institution means— (A) a minority-serving institution; (B) a historically Black college or university; or (C) a Tribal College or University. (6) Escape \nThe term escape means the escape of juvenile- or adult-farmed organisms, viable gametes, or fertilized eggs spawned by farmed organisms from offshore aquaculture facilities. (7) Exclusive economic zone \nThe term exclusive economic zone has the meaning given that term in section 3 of the Magnuson-Stevens Fishery Conservation and Management Act ( 16 U.S.C. 1802 ). (8) Historically Black college or university \nThe term historically Black college or university has the meaning given the term part B institution in section 322 of the Higher Education Act of 1965 ( 20 U.S.C. 1061 ). (9) Indian Tribe \nThe term Indian Tribe has the meaning given that term in section 4 of the Indian Self-Determination and Education Assistance Act ( 25 U.S.C. 5304 ). (10) Institution of higher education \nThe term institution of higher education has the meaning given that term in section 101 of the Higher Education Act of 1965 ( 20 U.S.C. 1001 ). (11) Minority-serving institution \nThe term minority-serving institution means an eligible institution described in paragraph (2), (4), (5), (6), or (7) of section 371(a) of the Higher Education Act of 1965 ( 20 U.S.C. 1067q(a) ). (12) Offshore aquaculture \nThe term offshore aquaculture means aquaculture conducted in the exclusive economic zone. (13) Specially affected adjacent coastal jurisdiction \nThe term specially affected adjacent coastal jurisdiction means, with respect to any activity proposed, conducted, or approved by the Administrator under section 4, any coastal State land or coastal Tribal land— (A) that is adjacent to, or the waters of which are adjacent to, the Federal waters in which such activity is conducted; (B) that is used, or is scheduled to be used, as a support base for such activity; and (C) for which there is a reasonable probability of significant effect on uses of land or water from such activity. (14) State \nThe term State means each of the several States, the District of Columbia, and each commonwealth, territory, or possession of the United States. (15) Tribal College or University \nThe term Tribal College or University means an institution described in section 316(b) of the Higher Education Act of 1965 ( 20 U.S.C. 1059c(b) ) that is chartered by the governing body of the applicable Indian Tribe or by the Federal Government. (16) Tribal land \nThe term Tribal land means land that is subject to the jurisdiction of an Indian Tribe. (17) Tribal or Indigenous community \nThe term Tribal or Indigenous community means a population of people who are— (A) enrolled members of an Indian Tribe; (B) members of an Alaska Native or Native Hawaiian community or organization; or (C) members of any other community of Indigenous people located in a State. (18) Underserved communities \n(A) In general \nThe term underserved communities means— (i) women; and (ii) individuals belonging to communities that have been denied consistent and systematic fair, just, and impartial treatment and have been systematically denied a full opportunity to participate in all aspects of economic, social, and civic life, including— (I) Black, Latino, Indigenous, and Native American individuals; (II) Asian Americans and Pacific Islanders; and (III) other persons of color. (B) Inclusions \nIn the context of the offshore aquaculture industry, the term underserved communities , within fishing communities, may include— (i) subsistence fishery participants and their dependents; (ii) fishing vessel crews; (iii) fish processor and distribution workers; and (iv) territorial fishing communities, including such communities in American Samoa, Guam, the Commonwealth of the Northern Mariana Islands, Puerto Rico, and the United States Virgin Islands. (19) Veteran \nThe term veteran has the meaning given that term in section 101 of title 38, United States Code.", "id": "H99DC8C3802C04E36A404015E6CC63819", "header": "Definitions", "nested": [], "links": [ { "text": "16 U.S.C. 1852(l)", "legal-doc": "usc", "parsable-cite": "usc/16/1852" }, { "text": "16 U.S.C. 1802", "legal-doc": "usc", "parsable-cite": "usc/16/1802" }, { "text": "20 U.S.C. 1061", "legal-doc": "usc", "parsable-cite": "usc/20/1061" }, { "text": "25 U.S.C. 5304", "legal-doc": "usc", "parsable-cite": "usc/25/5304" }, { "text": "20 U.S.C. 1001", "legal-doc": "usc", "parsable-cite": "usc/20/1001" }, { "text": "20 U.S.C. 1067q(a)", "legal-doc": "usc", "parsable-cite": "usc/20/1067q" }, { "text": "20 U.S.C. 1059c(b)", "legal-doc": "usc", "parsable-cite": "usc/20/1059c" } ] }, { "text": "3. Study on offshore aquaculture by Ocean Studies Board of the National Academies of Sciences, Engineering, and Medicine \n(a) Study \nThe Administrator shall seek to enter into a contract with the Ocean Studies Board of the National Academies of Sciences, Engineering, and Medicine (in this section referred to as the Board ) under which the Board shall, not later than 30 months after the date of the enactment of this Act— (1) complete a study— (A) to determine whether the Board recommends the pursuit of offshore aquaculture; and (B) if the Board recommends the pursuit of offshore aquaculture, to develop the scientific basis for efficient and effective regulation of offshore aquaculture; and (2) submit to Congress and make publicly available the results of the study. (b) Elements \nThe study completed pursuant to subsection (a) shall, with respect to offshore aquaculture— (1) identify— (A) optimal methods of operation of offshore aquaculture facilities to limit adverse effects on the environment, wildlife, and human well-being, including— (i) considerations to guide siting decisions of such facilities; (ii) appropriate stocking densities; and (iii) opportunities for selective breeding; (B) a science-based definition of responsible offshore aquaculture feed or other inputs , including guidance on sourcing feed or other inputs to address long- or short-term concerns, including the availability and scalability of such inputs; (C) potential adverse effects on the environment, wildlife, and human well-being, including from— (i) the use of antibiotics and other pharmaceuticals by offshore aquaculture facilities, including through analyses necessary to establish acceptable rates, impact levels, and risk thresholds, such as analyses of organism antibiotic consumption or metabolization versus excretion to the surrounding environment; (ii) assimilation of pollution originating from such facilities on marine organisms; (iii) the risk posed by misplaced or damaged equipment; (iv) the risk of harmful interactions with wildlife; (v) interbreeding and the spread of disease; (vi) the source and environmental impacts associated with the collection and removal of brood stock for offshore aquaculture operations and impacts of hatcheries and prestocking rearing operations that are specific to offshore aquaculture; (vii) large-scale cultivation of filter-feed bivalve organisms and seaweed on the marine food webs; (viii) offshore aquaculture facilities acting as aggregating devices and increasing the vulnerability of wild fisheries and wildlife populations to fishing or other sources of mortality; (ix) predator control devices and methods; and (x) the use of nonsustainable sources of feed or other inputs, including the use of globally limited marine resources for feed ingredients, environmental impacts, and scalability of alternatives, including— (I) novel ingredients (for example, insect, single cell protein, and algae); (II) traditional ingredients (for example, soya); and (III) other inputs; (D) potential methods and technologies to mitigate adverse effects, including the effects identified under subparagraph (C); (E) potential conflicts and solutions to mitigate such conflicts between offshore aquaculture facilities and other users of the offshore environment; (F) the types of data and qualitative information necessary for the optimal operation of such facilities and appropriate methods of procuring such data and information, including from— (i) citizen science (as defined in section 402(c) of the Crowdsourcing and Citizen Science Act ( 15 U.S.C. 3724(c) )); and (ii) the traditional offshore aquaculture knowledge of Tribal and Indigenous communities; and (G) the considerations necessary to account for the effects of climate change predictive assessments on the siting and operation of offshore aquaculture facilities; and (2) provide recommendations for legislative or administrative action with respect to— (A) methods of operation identified under paragraph (1)(A); (B) mitigating adverse effects identified under paragraph (1)(C); (C) environmental standards, control rules, or reference points that build upon the existing public and private standards for the sustainability of offshore aquaculture; and (D) ensuring that operators of offshore aquaculture facilities adhere to international standards for social responsibility, public health, and equitable labor practices, including with respect to sourcing inputs for such facilities.", "id": "HA469143C0D46452EBFF199E90A6F80CE", "header": "Study on offshore aquaculture by Ocean Studies Board of the National Academies of Sciences, Engineering, and Medicine", "nested": [ { "text": "(a) Study \nThe Administrator shall seek to enter into a contract with the Ocean Studies Board of the National Academies of Sciences, Engineering, and Medicine (in this section referred to as the Board ) under which the Board shall, not later than 30 months after the date of the enactment of this Act— (1) complete a study— (A) to determine whether the Board recommends the pursuit of offshore aquaculture; and (B) if the Board recommends the pursuit of offshore aquaculture, to develop the scientific basis for efficient and effective regulation of offshore aquaculture; and (2) submit to Congress and make publicly available the results of the study.", "id": "H4A268816A2894622BD32805A234C27E5", "header": "Study", "nested": [], "links": [] }, { "text": "(b) Elements \nThe study completed pursuant to subsection (a) shall, with respect to offshore aquaculture— (1) identify— (A) optimal methods of operation of offshore aquaculture facilities to limit adverse effects on the environment, wildlife, and human well-being, including— (i) considerations to guide siting decisions of such facilities; (ii) appropriate stocking densities; and (iii) opportunities for selective breeding; (B) a science-based definition of responsible offshore aquaculture feed or other inputs , including guidance on sourcing feed or other inputs to address long- or short-term concerns, including the availability and scalability of such inputs; (C) potential adverse effects on the environment, wildlife, and human well-being, including from— (i) the use of antibiotics and other pharmaceuticals by offshore aquaculture facilities, including through analyses necessary to establish acceptable rates, impact levels, and risk thresholds, such as analyses of organism antibiotic consumption or metabolization versus excretion to the surrounding environment; (ii) assimilation of pollution originating from such facilities on marine organisms; (iii) the risk posed by misplaced or damaged equipment; (iv) the risk of harmful interactions with wildlife; (v) interbreeding and the spread of disease; (vi) the source and environmental impacts associated with the collection and removal of brood stock for offshore aquaculture operations and impacts of hatcheries and prestocking rearing operations that are specific to offshore aquaculture; (vii) large-scale cultivation of filter-feed bivalve organisms and seaweed on the marine food webs; (viii) offshore aquaculture facilities acting as aggregating devices and increasing the vulnerability of wild fisheries and wildlife populations to fishing or other sources of mortality; (ix) predator control devices and methods; and (x) the use of nonsustainable sources of feed or other inputs, including the use of globally limited marine resources for feed ingredients, environmental impacts, and scalability of alternatives, including— (I) novel ingredients (for example, insect, single cell protein, and algae); (II) traditional ingredients (for example, soya); and (III) other inputs; (D) potential methods and technologies to mitigate adverse effects, including the effects identified under subparagraph (C); (E) potential conflicts and solutions to mitigate such conflicts between offshore aquaculture facilities and other users of the offshore environment; (F) the types of data and qualitative information necessary for the optimal operation of such facilities and appropriate methods of procuring such data and information, including from— (i) citizen science (as defined in section 402(c) of the Crowdsourcing and Citizen Science Act ( 15 U.S.C. 3724(c) )); and (ii) the traditional offshore aquaculture knowledge of Tribal and Indigenous communities; and (G) the considerations necessary to account for the effects of climate change predictive assessments on the siting and operation of offshore aquaculture facilities; and (2) provide recommendations for legislative or administrative action with respect to— (A) methods of operation identified under paragraph (1)(A); (B) mitigating adverse effects identified under paragraph (1)(C); (C) environmental standards, control rules, or reference points that build upon the existing public and private standards for the sustainability of offshore aquaculture; and (D) ensuring that operators of offshore aquaculture facilities adhere to international standards for social responsibility, public health, and equitable labor practices, including with respect to sourcing inputs for such facilities.", "id": "H4B6BAF4C9BF240DAA9D4599B72511B19", "header": "Elements", "nested": [], "links": [ { "text": "15 U.S.C. 3724(c)", "legal-doc": "usc", "parsable-cite": "usc/15/3724" } ] } ], "links": [ { "text": "15 U.S.C. 3724(c)", "legal-doc": "usc", "parsable-cite": "usc/15/3724" } ] }, { "text": "4. Assessment program for offshore aquaculture \n(a) Establishment of program \nNot earlier than 180 days after the date on which the Administrator enters into a contract under section 3(a) and not later than 2 years after such date, the Administrator shall establish an assessment program (in this section referred to as the assessment program ) to evaluate the following with respect to offshore aquaculture: (1) The ability of different commercial-scale facility designs and operational methods— (A) to survive various atmospheric and ocean conditions, including high wind speeds or high-energy ocean conditions associated with severe weather, without— (i) allowing escapes; (ii) loss of infrastructure; or (iii) wildlife entanglement resulting from loss or damaged infrastructure; (B) to prevent adverse wildlife impacts, including entanglements of large whales, sea turtles, and other species protected under— (i) the Endangered Species Act of 1973 ( 16 U.S.C. 1531 et seq. ); and (ii) the Marine Mammal Protection Act of 1972 ( 16 U.S.C. 1361 et seq. ); (C) to prevent adverse impacts on the marine environment, including impacts to habitat, water chemistry, and wildlife; and (D) to avoid adverse impacts on navigation and safety to existing ocean users due to offshore aquaculture facilities, including requirements for operations, navigation, and transit associated with such facilities. (2) The ability of different technologies to provide reliable and timely data on offshore aquaculture facilities, including visual data and other relevant data types, on a regular basis to enable the Administrator to monitor— (A) the compliance of projects with the requirements under subsection (b)(4)(5); (B) impacts on the marine environment; and (C) interference with existing uses of the water body in which the project is located. (3) The relative risks, benefits, and cost of various types of offshore aquaculture, including different species of finfish in different geographies and under varying climactic and ecological conditions. (4) The development of performance standards for offshore aquaculture operations. (b) Selection of demonstration projects \n(1) Solicitation and acceptance of applications \nThe Administrator shall solicit and accept applications for inclusion in the assessment program from owners and operators of offshore aquaculture demonstration projects, including commercial-scale demonstration projects, that— (A) would advance the objectives described in subsection (a) and involve objective analyses of data; and (B) are operating on the date on which the application is submitted, were operated in offshore waters of the United States or other countries at any time during the 15-year period preceding the date on which the application is submitted (including such projects that are ongoing as of such date), or are proposed to be operated. (2) Notice and public comment \nThe Administrator shall— (A) publish in the Federal Register a notice summarizing each application received under this subsection; and (B) invite public comments regarding the projects proposed in those applications for inclusion in the assessment program. (3) Specially affected adjacent coastal jurisdictions \n(A) Designation \nThe Administrator shall establish a mechanism for identifying and designating, with respect to each application for a demonstration project received under this subsection, the specially affected adjacent coastal jurisdiction or jurisdictions. (B) Notice \nFor each application for a demonstration project received under this subsection, the Administrator shall provide a copy of the application to the Governor or executive of the State or Tribal government of each specially affected adjacent coastal jurisdiction designated with respect to the application under subparagraph (A). (C) Rejection at the request of specially affected adjacent coastal jurisdictions \nIf, during the 60-day period beginning on the date on which a specially affected adjacent coastal jurisdiction receives notice of an application under subparagraph (B), the Governor or executive of the State or Tribal government of the jurisdiction requests that the Administrator reject the application, the Administrator shall reject the application. (4) Approval of demonstration projects \nThe Administrator may approve not more than 4 applications for demonstration projects under this subsection for inclusion in the assessment program. (5) Requirements \n(A) All demonstration projects \n(i) In general \nEach demonstration project approved for inclusion in the assessment program— (I) shall— (aa) cultivate only native species that pose a minimal threat of harm to wildlife and the ecosystem in which the project is located; (bb) incorporate design and operational characteristics that minimize the risk of escape, wildlife entanglement, and adverse pollution impacts; (cc) have developed and be able to implement an escape response and infrastructure loss or damage plan that minimizes the impact of any escapes or infrastructure loss or damage on the marine environment and on other uses of the water body in which the project is located; (dd) comply with all applicable requirements of— (AA) the Federal Water Pollution Control Act ( 33 U.S.C. 1251 et seq. ) (commonly referred to as the Clean Water Act ); (BB) the Endangered Species Act of 1973 ( 16 U.S.C. 1531 et seq. ); (CC) the Marine Mammal Protection Act of 1972 ( 16 U.S.C. 1361 et seq. ); and (DD) the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ); (ee) be compatible with, and prevent or minimize displacement of, existing uses and users of the marine environment in which the project is located; (ff) conform to best practices to avoid or minimize the use of antibiotics and other pharmaceuticals and minimize the release of such pharmaceuticals into the environment; and (gg) except as provided in clause (ii), be conducted over a period of 5 years; and (II) shall not— (aa) cultivate or otherwise use salmon, including king, chinook, coho, chum, sockeye, pink, masu, amago, or Atlantic salmon, even if such salmon is considered a native species; or (bb) be sited in any area designated by the National Marine Fisheries Service as critical habitat for endangered or critically endangered wildlife. (ii) Extensions \n(I) In general \nAs the Administrator determines appropriate, a demonstration project approved for inclusion in the assessment program may be conducted for a period exceeding 5 years. (II) Proposals \nIn order to be considered for an extension under this clause, the owner or operator of a demonstration project shall submit to the Administrator a proposal explaining the need for the extension. (III) Notice and public comment \nThe Administrator shall— (aa) publish in the Federal Register a notice summarizing each proposal received under subclause (II); (bb) invite public comments regarding each such proposal; and (cc) consider such comments in determining whether to authorize any extension for a demonstration project under this clause. (B) New demonstration projects \nAny new demonstration project approved for inclusion in the assessment program shall— (i) be designed and managed in partnership with— (I) a land-grant college or university (as defined in section 1404 of the National Agricultural Research, Extension, and Teaching Policy Act of 1977 ( 7 U.S.C. 3103 )); (II) a 1994 Institution (as defined in section 532 of the Equity in Educational Land-Grant Status Act of 1994 ( 7 U.S.C. 301 note; Public Law 103–382 )); or (III) a sea grant college (as defined in section 203 of the National Sea Grant College Program Act ( 33 U.S.C. 1122 )); and (ii) consult and coordinate with the relevant Regional Fishery Management Council. (6) Priority consideration \nIn considering applications for demonstration projects under this section, the Administrator shall give priority consideration to demonstration projects owned or operated by— (A) veterans, or entities in which a veteran or veterans have a majority ownership interest; (B) members of a community with environmental justice concerns or underserved community, or entities in which a member or members of a community with environmental justice concerns or underserved community have a majority ownership interest; (C) entities that primarily serve or employ members of a community with environmental justice concerns or underserved community; or (D) applicants who can demonstrate that the demonstration project will directly benefit individuals who are already participating in the agricultural, wild-caught fishery, or offshore aquaculture industries who have been negatively impacted by the COVID–19 pandemic, natural disasters, or disaster declarations. (7) Public comments \nIn considering applications for demonstration projects under this section, the Administrator shall consider and weigh the public comments received pursuant to paragraph (2)(B). (c) Aquaculture Opportunity Areas \nThe Administrator may elect to site a demonstration project approved for inclusion in the assessment program in an Aquaculture Opportunity Area identified by the Secretary of Commerce in accordance with section 7 of Executive Order 13921 ( 16 U.S.C. 1801 ; relating to promoting American seafood competitiveness and economic growth). (d) Permits \n(1) Federal agencies \nThe owner or operator of each demonstration project approved for inclusion in the assessment program shall obtain all necessary and relevant permits issued by Federal agencies to conduct activities under the project. (2) National Oceanic and Atmospheric Administration \nAfter the owner or operator of a demonstration project obtains the permits described in paragraph (1), the Administrator shall issue the appropriate permits to allow the project to conduct offshore aquaculture activities in accordance with this Act. (e) Reporting by assessment program participants \n(1) In general \nThe owner or operator of each demonstration project approved for inclusion in the assessment program shall submit such information, at such time, in such place, and in such manner as the Administrator determines appropriate, including the following: (A) Production data. (B) Information on interactions with wild species, mitigation measures taken, and the results of such interactions and measures. (C) Information on technology and operational practices used to measure and monitor— (i) effluent; (ii) integrity of cage materials and other gear; and (iii) health of the cultivated species. (D) Information on environmental and ecosystem impacts. (E) Data necessary for the Ocean Studies Board of the National Academies of Sciences, Engineering, and Medicine to complete the study required by section 3. (F) Information necessary for the Administrator to exercise the authority of the Administrator under subsection (f). (G) Owner, operator, and employee demographic data and other relevant data as determined by the Administrator for purposes of assessing— (i) the direct benefits of the project to communities with environmental justice concerns; and (ii) the economic and social benefits for nearby coastal communities. (H) Information on navigation and safety impacts to existing ocean users. (I) Such additional information as the Administrator requires to fulfill the goals and objectives of the assessment program. (2) Technical assistance \nThe Administrator shall, upon request, provide technical assistance to owners and operators of demonstration projects approved for inclusion in the assessment program to comply with the reporting requirements of this subsection. (3) Emergency reporting \nThe Administrator shall establish an emergency reporting process for each owner or operator of a demonstration project approved for inclusion in the assessment program to immediately report suspected or known interactions between project facilities or vessels and protected wild species. (f) Authority To modify or terminate participation of demonstration projects and order removal of facilities \nThe Administrator may require modifications to a demonstration project approved for inclusion in the assessment program, terminate the participation of such a project in such program, and order the removal of an offshore aquaculture facility authorized to operate under this section if— (1) the project incurs an incident involving a death or serious personal injury and the Administrator determines that project operator negligence was the cause or a contributing factor to such incident; (2) operation of the project results in a violation of— (A) the Endangered Species Act of 1973 ( 16 U.S.C. 1531 et seq. ); or (B) the Marine Mammal Protection Act of 1972 ( 16 U.S.C. 1361 et seq. ); (3) the owner or operator of the project fails to comply with all of the terms and conditions of— (A) the approval of the project; or (B) modifications required by the Administrator under this subsection; or (4) the Administrator determines that continued participation in the assessment program by the project would be unsafe or result in unacceptable negative impacts to— (A) the marine environment; (B) nearby communities; or (C) other users of the water body in which the project is located. (g) Interim final rule \nThe Administrator may issue an interim final rule to implement the requirements under this section. (h) Reports \n(1) Annual reports \n(A) In general \nNot later than 2 years after the date on which the Administrator establishes the assessment program, and annually thereafter for the duration of the assessment program, the Administrator shall publish, make available to the public, and submit to offshore aquaculture stakeholders a report that includes the following: (i) A description of each project approved for inclusion in the assessment program. (ii) In the first report, documentation supporting selection of each such project. (iii) A summary of the information submitted to the Administrator under subsection (e) for each such project. (iv) A description of the progress made toward meeting the objectives described in subsection (a). (B) Definition of offshore aquaculture stakeholders \nIn this paragraph, the term offshore aquaculture stakeholders includes— (i) each specially affected adjacent coastal jurisdiction; and (ii) each affected— (I) Tribal or Indigenous community; (II) regional fishery management council; (III) interstate fisheries commission; (IV) conservation organization; and (V) fisheries association. (2) Final report \n(A) In general \nNot later than 1 year after the date of the completion of the assessment program, the Administrator shall submit to the appropriate committees of Congress a report describing the results of the assessment program. (B) Elements \nThe report required by subparagraph (A) shall include the following: (i) An evaluation based on data from the assessment program of the opportunities and risks of offshore aquaculture regarding— (I) marine ecosystems; (II) other users of the exclusive economic zone; (III) other ecosystems goods and services; (IV) social and economic impacts to nearby communities, including cumulative impacts and impacts on communities with environmental justice concerns, low-income communities, and communities of color; (V) best practices to mitigate risks; and (VI) best practices to prevent disparate impacts. (ii) Such recommendations as the Administrator may have for legislative or administrative action and the establishment of performance standards for offshore aquaculture siting and operations that— (I) would minimize risks posed by offshore aquaculture operations to marine ecosystems; (II) would enhance the safe operation of offshore aquaculture facilities, service vessels, and associated activities; (III) would prevent displacement of existing uses and users; and (IV) are technically, operationally, and economically feasible.", "id": "H799428F54B3942509C782279E53C2CAE", "header": "Assessment program for offshore aquaculture", "nested": [ { "text": "(a) Establishment of program \nNot earlier than 180 days after the date on which the Administrator enters into a contract under section 3(a) and not later than 2 years after such date, the Administrator shall establish an assessment program (in this section referred to as the assessment program ) to evaluate the following with respect to offshore aquaculture: (1) The ability of different commercial-scale facility designs and operational methods— (A) to survive various atmospheric and ocean conditions, including high wind speeds or high-energy ocean conditions associated with severe weather, without— (i) allowing escapes; (ii) loss of infrastructure; or (iii) wildlife entanglement resulting from loss or damaged infrastructure; (B) to prevent adverse wildlife impacts, including entanglements of large whales, sea turtles, and other species protected under— (i) the Endangered Species Act of 1973 ( 16 U.S.C. 1531 et seq. ); and (ii) the Marine Mammal Protection Act of 1972 ( 16 U.S.C. 1361 et seq. ); (C) to prevent adverse impacts on the marine environment, including impacts to habitat, water chemistry, and wildlife; and (D) to avoid adverse impacts on navigation and safety to existing ocean users due to offshore aquaculture facilities, including requirements for operations, navigation, and transit associated with such facilities. (2) The ability of different technologies to provide reliable and timely data on offshore aquaculture facilities, including visual data and other relevant data types, on a regular basis to enable the Administrator to monitor— (A) the compliance of projects with the requirements under subsection (b)(4)(5); (B) impacts on the marine environment; and (C) interference with existing uses of the water body in which the project is located. (3) The relative risks, benefits, and cost of various types of offshore aquaculture, including different species of finfish in different geographies and under varying climactic and ecological conditions. (4) The development of performance standards for offshore aquaculture operations.", "id": "H07BDBE26EC574747AE0756A952076FDF", "header": "Establishment of program", "nested": [], "links": [ { "text": "16 U.S.C. 1531 et seq.", "legal-doc": "usc", "parsable-cite": "usc/16/1531" }, { "text": "16 U.S.C. 1361 et seq.", "legal-doc": "usc", "parsable-cite": "usc/16/1361" } ] }, { "text": "(b) Selection of demonstration projects \n(1) Solicitation and acceptance of applications \nThe Administrator shall solicit and accept applications for inclusion in the assessment program from owners and operators of offshore aquaculture demonstration projects, including commercial-scale demonstration projects, that— (A) would advance the objectives described in subsection (a) and involve objective analyses of data; and (B) are operating on the date on which the application is submitted, were operated in offshore waters of the United States or other countries at any time during the 15-year period preceding the date on which the application is submitted (including such projects that are ongoing as of such date), or are proposed to be operated. (2) Notice and public comment \nThe Administrator shall— (A) publish in the Federal Register a notice summarizing each application received under this subsection; and (B) invite public comments regarding the projects proposed in those applications for inclusion in the assessment program. (3) Specially affected adjacent coastal jurisdictions \n(A) Designation \nThe Administrator shall establish a mechanism for identifying and designating, with respect to each application for a demonstration project received under this subsection, the specially affected adjacent coastal jurisdiction or jurisdictions. (B) Notice \nFor each application for a demonstration project received under this subsection, the Administrator shall provide a copy of the application to the Governor or executive of the State or Tribal government of each specially affected adjacent coastal jurisdiction designated with respect to the application under subparagraph (A). (C) Rejection at the request of specially affected adjacent coastal jurisdictions \nIf, during the 60-day period beginning on the date on which a specially affected adjacent coastal jurisdiction receives notice of an application under subparagraph (B), the Governor or executive of the State or Tribal government of the jurisdiction requests that the Administrator reject the application, the Administrator shall reject the application. (4) Approval of demonstration projects \nThe Administrator may approve not more than 4 applications for demonstration projects under this subsection for inclusion in the assessment program. (5) Requirements \n(A) All demonstration projects \n(i) In general \nEach demonstration project approved for inclusion in the assessment program— (I) shall— (aa) cultivate only native species that pose a minimal threat of harm to wildlife and the ecosystem in which the project is located; (bb) incorporate design and operational characteristics that minimize the risk of escape, wildlife entanglement, and adverse pollution impacts; (cc) have developed and be able to implement an escape response and infrastructure loss or damage plan that minimizes the impact of any escapes or infrastructure loss or damage on the marine environment and on other uses of the water body in which the project is located; (dd) comply with all applicable requirements of— (AA) the Federal Water Pollution Control Act ( 33 U.S.C. 1251 et seq. ) (commonly referred to as the Clean Water Act ); (BB) the Endangered Species Act of 1973 ( 16 U.S.C. 1531 et seq. ); (CC) the Marine Mammal Protection Act of 1972 ( 16 U.S.C. 1361 et seq. ); and (DD) the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ); (ee) be compatible with, and prevent or minimize displacement of, existing uses and users of the marine environment in which the project is located; (ff) conform to best practices to avoid or minimize the use of antibiotics and other pharmaceuticals and minimize the release of such pharmaceuticals into the environment; and (gg) except as provided in clause (ii), be conducted over a period of 5 years; and (II) shall not— (aa) cultivate or otherwise use salmon, including king, chinook, coho, chum, sockeye, pink, masu, amago, or Atlantic salmon, even if such salmon is considered a native species; or (bb) be sited in any area designated by the National Marine Fisheries Service as critical habitat for endangered or critically endangered wildlife. (ii) Extensions \n(I) In general \nAs the Administrator determines appropriate, a demonstration project approved for inclusion in the assessment program may be conducted for a period exceeding 5 years. (II) Proposals \nIn order to be considered for an extension under this clause, the owner or operator of a demonstration project shall submit to the Administrator a proposal explaining the need for the extension. (III) Notice and public comment \nThe Administrator shall— (aa) publish in the Federal Register a notice summarizing each proposal received under subclause (II); (bb) invite public comments regarding each such proposal; and (cc) consider such comments in determining whether to authorize any extension for a demonstration project under this clause. (B) New demonstration projects \nAny new demonstration project approved for inclusion in the assessment program shall— (i) be designed and managed in partnership with— (I) a land-grant college or university (as defined in section 1404 of the National Agricultural Research, Extension, and Teaching Policy Act of 1977 ( 7 U.S.C. 3103 )); (II) a 1994 Institution (as defined in section 532 of the Equity in Educational Land-Grant Status Act of 1994 ( 7 U.S.C. 301 note; Public Law 103–382 )); or (III) a sea grant college (as defined in section 203 of the National Sea Grant College Program Act ( 33 U.S.C. 1122 )); and (ii) consult and coordinate with the relevant Regional Fishery Management Council. (6) Priority consideration \nIn considering applications for demonstration projects under this section, the Administrator shall give priority consideration to demonstration projects owned or operated by— (A) veterans, or entities in which a veteran or veterans have a majority ownership interest; (B) members of a community with environmental justice concerns or underserved community, or entities in which a member or members of a community with environmental justice concerns or underserved community have a majority ownership interest; (C) entities that primarily serve or employ members of a community with environmental justice concerns or underserved community; or (D) applicants who can demonstrate that the demonstration project will directly benefit individuals who are already participating in the agricultural, wild-caught fishery, or offshore aquaculture industries who have been negatively impacted by the COVID–19 pandemic, natural disasters, or disaster declarations. (7) Public comments \nIn considering applications for demonstration projects under this section, the Administrator shall consider and weigh the public comments received pursuant to paragraph (2)(B).", "id": "H99E524F70DB44CC59C7A2117DA5EFA6A", "header": "Selection of demonstration projects", "nested": [], "links": [ { "text": "33 U.S.C. 1251 et seq.", "legal-doc": "usc", "parsable-cite": "usc/33/1251" }, { "text": "16 U.S.C. 1531 et seq.", "legal-doc": "usc", "parsable-cite": "usc/16/1531" }, { "text": "16 U.S.C. 1361 et seq.", "legal-doc": "usc", "parsable-cite": "usc/16/1361" }, { "text": "42 U.S.C. 4321 et seq.", "legal-doc": "usc", "parsable-cite": "usc/42/4321" }, { "text": "7 U.S.C. 3103", "legal-doc": "usc", "parsable-cite": "usc/7/3103" }, { "text": "7 U.S.C. 301", "legal-doc": "usc", "parsable-cite": "usc/7/301" }, { "text": "Public Law 103–382", "legal-doc": "public-law", "parsable-cite": "pl/103/382" }, { "text": "33 U.S.C. 1122", "legal-doc": "usc", "parsable-cite": "usc/33/1122" } ] }, { "text": "(c) Aquaculture Opportunity Areas \nThe Administrator may elect to site a demonstration project approved for inclusion in the assessment program in an Aquaculture Opportunity Area identified by the Secretary of Commerce in accordance with section 7 of Executive Order 13921 ( 16 U.S.C. 1801 ; relating to promoting American seafood competitiveness and economic growth).", "id": "HC5F48D1B9E0A437892DD1E5FD8C6B707", "header": "Aquaculture Opportunity Areas", "nested": [], "links": [ { "text": "16 U.S.C. 1801", "legal-doc": "usc", "parsable-cite": "usc/16/1801" } ] }, { "text": "(d) Permits \n(1) Federal agencies \nThe owner or operator of each demonstration project approved for inclusion in the assessment program shall obtain all necessary and relevant permits issued by Federal agencies to conduct activities under the project. (2) National Oceanic and Atmospheric Administration \nAfter the owner or operator of a demonstration project obtains the permits described in paragraph (1), the Administrator shall issue the appropriate permits to allow the project to conduct offshore aquaculture activities in accordance with this Act.", "id": "HF08211A4FD8441DDB706D40BE6937B4F", "header": "Permits", "nested": [], "links": [] }, { "text": "(e) Reporting by assessment program participants \n(1) In general \nThe owner or operator of each demonstration project approved for inclusion in the assessment program shall submit such information, at such time, in such place, and in such manner as the Administrator determines appropriate, including the following: (A) Production data. (B) Information on interactions with wild species, mitigation measures taken, and the results of such interactions and measures. (C) Information on technology and operational practices used to measure and monitor— (i) effluent; (ii) integrity of cage materials and other gear; and (iii) health of the cultivated species. (D) Information on environmental and ecosystem impacts. (E) Data necessary for the Ocean Studies Board of the National Academies of Sciences, Engineering, and Medicine to complete the study required by section 3. (F) Information necessary for the Administrator to exercise the authority of the Administrator under subsection (f). (G) Owner, operator, and employee demographic data and other relevant data as determined by the Administrator for purposes of assessing— (i) the direct benefits of the project to communities with environmental justice concerns; and (ii) the economic and social benefits for nearby coastal communities. (H) Information on navigation and safety impacts to existing ocean users. (I) Such additional information as the Administrator requires to fulfill the goals and objectives of the assessment program. (2) Technical assistance \nThe Administrator shall, upon request, provide technical assistance to owners and operators of demonstration projects approved for inclusion in the assessment program to comply with the reporting requirements of this subsection. (3) Emergency reporting \nThe Administrator shall establish an emergency reporting process for each owner or operator of a demonstration project approved for inclusion in the assessment program to immediately report suspected or known interactions between project facilities or vessels and protected wild species.", "id": "HE5385C5348C047E99ED0D17A27362EFF", "header": "Reporting by assessment program participants", "nested": [], "links": [] }, { "text": "(f) Authority To modify or terminate participation of demonstration projects and order removal of facilities \nThe Administrator may require modifications to a demonstration project approved for inclusion in the assessment program, terminate the participation of such a project in such program, and order the removal of an offshore aquaculture facility authorized to operate under this section if— (1) the project incurs an incident involving a death or serious personal injury and the Administrator determines that project operator negligence was the cause or a contributing factor to such incident; (2) operation of the project results in a violation of— (A) the Endangered Species Act of 1973 ( 16 U.S.C. 1531 et seq. ); or (B) the Marine Mammal Protection Act of 1972 ( 16 U.S.C. 1361 et seq. ); (3) the owner or operator of the project fails to comply with all of the terms and conditions of— (A) the approval of the project; or (B) modifications required by the Administrator under this subsection; or (4) the Administrator determines that continued participation in the assessment program by the project would be unsafe or result in unacceptable negative impacts to— (A) the marine environment; (B) nearby communities; or (C) other users of the water body in which the project is located.", "id": "HABB689BAEA8C4382A8035E2789911A8E", "header": "Authority To modify or terminate participation of demonstration projects and order removal of facilities", "nested": [], "links": [ { "text": "16 U.S.C. 1531 et seq.", "legal-doc": "usc", "parsable-cite": "usc/16/1531" }, { "text": "16 U.S.C. 1361 et seq.", "legal-doc": "usc", "parsable-cite": "usc/16/1361" } ] }, { "text": "(g) Interim final rule \nThe Administrator may issue an interim final rule to implement the requirements under this section.", "id": "HE41A26223A0F4646A416E7DC6C6E0DC7", "header": "Interim final rule", "nested": [], "links": [] }, { "text": "(h) Reports \n(1) Annual reports \n(A) In general \nNot later than 2 years after the date on which the Administrator establishes the assessment program, and annually thereafter for the duration of the assessment program, the Administrator shall publish, make available to the public, and submit to offshore aquaculture stakeholders a report that includes the following: (i) A description of each project approved for inclusion in the assessment program. (ii) In the first report, documentation supporting selection of each such project. (iii) A summary of the information submitted to the Administrator under subsection (e) for each such project. (iv) A description of the progress made toward meeting the objectives described in subsection (a). (B) Definition of offshore aquaculture stakeholders \nIn this paragraph, the term offshore aquaculture stakeholders includes— (i) each specially affected adjacent coastal jurisdiction; and (ii) each affected— (I) Tribal or Indigenous community; (II) regional fishery management council; (III) interstate fisheries commission; (IV) conservation organization; and (V) fisheries association. (2) Final report \n(A) In general \nNot later than 1 year after the date of the completion of the assessment program, the Administrator shall submit to the appropriate committees of Congress a report describing the results of the assessment program. (B) Elements \nThe report required by subparagraph (A) shall include the following: (i) An evaluation based on data from the assessment program of the opportunities and risks of offshore aquaculture regarding— (I) marine ecosystems; (II) other users of the exclusive economic zone; (III) other ecosystems goods and services; (IV) social and economic impacts to nearby communities, including cumulative impacts and impacts on communities with environmental justice concerns, low-income communities, and communities of color; (V) best practices to mitigate risks; and (VI) best practices to prevent disparate impacts. (ii) Such recommendations as the Administrator may have for legislative or administrative action and the establishment of performance standards for offshore aquaculture siting and operations that— (I) would minimize risks posed by offshore aquaculture operations to marine ecosystems; (II) would enhance the safe operation of offshore aquaculture facilities, service vessels, and associated activities; (III) would prevent displacement of existing uses and users; and (IV) are technically, operationally, and economically feasible.", "id": "HFBE120C48BCD4DAA9CC8CAD691A2270D", "header": "Reports", "nested": [], "links": [] } ], "links": [ { "text": "16 U.S.C. 1531 et seq.", "legal-doc": "usc", "parsable-cite": "usc/16/1531" }, { "text": "16 U.S.C. 1361 et seq.", "legal-doc": "usc", "parsable-cite": "usc/16/1361" }, { "text": "33 U.S.C. 1251 et seq.", "legal-doc": "usc", "parsable-cite": "usc/33/1251" }, { "text": "16 U.S.C. 1531 et seq.", "legal-doc": "usc", "parsable-cite": "usc/16/1531" }, { "text": "16 U.S.C. 1361 et seq.", "legal-doc": "usc", "parsable-cite": "usc/16/1361" }, { "text": "42 U.S.C. 4321 et seq.", "legal-doc": "usc", "parsable-cite": "usc/42/4321" }, { "text": "7 U.S.C. 3103", "legal-doc": "usc", "parsable-cite": "usc/7/3103" }, { "text": "7 U.S.C. 301", "legal-doc": "usc", "parsable-cite": "usc/7/301" }, { "text": "Public Law 103–382", "legal-doc": "public-law", "parsable-cite": "pl/103/382" }, { "text": "33 U.S.C. 1122", "legal-doc": "usc", "parsable-cite": "usc/33/1122" }, { "text": "16 U.S.C. 1801", "legal-doc": "usc", "parsable-cite": "usc/16/1801" }, { "text": "16 U.S.C. 1531 et seq.", "legal-doc": "usc", "parsable-cite": "usc/16/1531" }, { "text": "16 U.S.C. 1361 et seq.", "legal-doc": "usc", "parsable-cite": "usc/16/1361" } ] }, { "text": "5. Aquaculture Centers of Excellence \n(a) Aquaculture curriculum grants \n(1) In general \nNot later than 1 year after the date of the enactment of this Act, the Administrator shall establish a program to award grants to covered institutions to assist in establishing or enhancing an aquaculture curriculum for undergraduate or graduate courses of study at such covered institutions. (2) Aquaculture Centers of Excellence \nA covered institution that receives a grant under this section shall be known as an Aquaculture Center of Excellence. (3) Applications \nTo be eligible to receive a grant under this section, a covered institution shall submit to the Administrator an application in such form, at such time, and containing such information as the Administrator determines appropriate, including any plans to partner with 1 or more other institutions of higher education as authorized under paragraph (5). (4) Use of grant amounts \n(A) In general \nA covered institution receiving a grant under this section shall use the grant amounts to establish or enhance an aquaculture curriculum for undergraduate or graduate courses of study that includes the following: (i) Training in various skill sets needed by successful aquaculture entrepreneurs, including— (I) business management, strategic planning, business plan development, capital financing and fundraising, financial management and accounting, market analysis and competitive analysis, and market entry and strategy execution; and (II) any other skill sets specific to the needs of the student population and the surrounding community, including with respect to social and environmental sustainability, as determined by the institution. (ii) Natural and social science research programs in aquaculture and natural fisheries, including offshore aquaculture. (iii) Development of extension programs (or cooperation with existing extension programs) that— (I) educate and engage community members, including elementary and secondary school students, on aquaculture and aquaculture career pathways; and (II) transfer newly developed techniques and research information developed or collated at the covered institution to aquaculture practitioners. (iv) Career development, such as the establishment of cooperatives, apprenticeships, mentorships, accelerators, or grant competitions. (B) Limitations on use of grant amounts \nAmounts from a grant awarded under this section may be used only for expenses directly related to the implementation of the curriculum or activities authorized under this section. (5) Partnerships \nIn applying for grants and carrying out activities with grant amounts under this section, a covered institution may partner with 1 or more other institutions of higher education with established aquaculture programs, including institutions of higher education not otherwise eligible for grants under this section, to facilitate the sharing of resources and knowledge necessary for the development or enhancement of aquaculture curriculum at the covered institution. (b) Authorization of Appropriations \nThere is authorized to be appropriated to carry out this section $25,000,000 for each of fiscal years 2024 through 2027, to remain available until expended.", "id": "H625567F7C5834929A273A224323FAA1A", "header": "Aquaculture Centers of Excellence", "nested": [ { "text": "(a) Aquaculture curriculum grants \n(1) In general \nNot later than 1 year after the date of the enactment of this Act, the Administrator shall establish a program to award grants to covered institutions to assist in establishing or enhancing an aquaculture curriculum for undergraduate or graduate courses of study at such covered institutions. (2) Aquaculture Centers of Excellence \nA covered institution that receives a grant under this section shall be known as an Aquaculture Center of Excellence. (3) Applications \nTo be eligible to receive a grant under this section, a covered institution shall submit to the Administrator an application in such form, at such time, and containing such information as the Administrator determines appropriate, including any plans to partner with 1 or more other institutions of higher education as authorized under paragraph (5). (4) Use of grant amounts \n(A) In general \nA covered institution receiving a grant under this section shall use the grant amounts to establish or enhance an aquaculture curriculum for undergraduate or graduate courses of study that includes the following: (i) Training in various skill sets needed by successful aquaculture entrepreneurs, including— (I) business management, strategic planning, business plan development, capital financing and fundraising, financial management and accounting, market analysis and competitive analysis, and market entry and strategy execution; and (II) any other skill sets specific to the needs of the student population and the surrounding community, including with respect to social and environmental sustainability, as determined by the institution. (ii) Natural and social science research programs in aquaculture and natural fisheries, including offshore aquaculture. (iii) Development of extension programs (or cooperation with existing extension programs) that— (I) educate and engage community members, including elementary and secondary school students, on aquaculture and aquaculture career pathways; and (II) transfer newly developed techniques and research information developed or collated at the covered institution to aquaculture practitioners. (iv) Career development, such as the establishment of cooperatives, apprenticeships, mentorships, accelerators, or grant competitions. (B) Limitations on use of grant amounts \nAmounts from a grant awarded under this section may be used only for expenses directly related to the implementation of the curriculum or activities authorized under this section. (5) Partnerships \nIn applying for grants and carrying out activities with grant amounts under this section, a covered institution may partner with 1 or more other institutions of higher education with established aquaculture programs, including institutions of higher education not otherwise eligible for grants under this section, to facilitate the sharing of resources and knowledge necessary for the development or enhancement of aquaculture curriculum at the covered institution.", "id": "HA0C2B8014C0649DBA980E3A595384378", "header": "Aquaculture curriculum grants", "nested": [], "links": [] }, { "text": "(b) Authorization of Appropriations \nThere is authorized to be appropriated to carry out this section $25,000,000 for each of fiscal years 2024 through 2027, to remain available until expended.", "id": "HC4003606FFF24FB3AEC526628A9B4A55", "header": "Authorization of Appropriations", "nested": [], "links": [] } ], "links": [] }, { "text": "6. Report by Government Accountability Office \n(a) In general \nNot later than 2 years after the date of the enactment of this Act, the Comptroller General of the United States shall submit to the appropriate committees of Congress a report examining the permitting, monitoring, and regulation of offshore aquaculture during the 15-year period ending on such date of enactment. (b) Bases of report \nThe Comptroller General shall base the report required by subsection (a) on available literature, case studies, and stakeholder input. (c) Elements of report \nThe report required by subsection (a) shall— (1) assess the feasibility and potential positive and negative implications of designating a lead agency to issue offshore aquaculture permits in a timely manner; (2) identify lessons learned during the period described in subsection (a) with respect to— (A) the implications of offshore aquaculture type, location, and regulatory framework on the success of offshore aquaculture projects; (B) the degree of involvement of coastal or adjacent States, Tribal groups, underserved communities, or communities with environmental justice concerns in consultation, planning, or operations of offshore aquaculture operations; (C) safety protocols and risk mitigation measures for the permit and oversight processes for offshore aquaculture, including— (i) escape prevention measures; (ii) emergency event response planning; (iii) compliance monitoring, particularly in remote locations; (iv) compliance with Federal laws; (v) reporting mechanisms to appropriate Federal authorities; and (vi) vessel navigation aids to ensure navigational safety; (D) the effect of incentives to reduce adverse effects or disparate impacts from offshore aquaculture operations; (E) building and optimizing synergies between offshore aquaculture and wild-caught fishing activities, or offshore, nearshore, and onshore aquaculture activities, including market development, increasing seafood consumption, and shared infrastructure; (F) the environmental effects of offshore aquaculture operations, including mechanisms to prevent harm to the environment, wildlife, or human well-being; (G) in consultation with the Council Coordination Committee, the net economic and social benefits of offshore aquaculture projects, particularly for nearby communities, including underserved communities and communities with environmental justice concerns, based on project size, regulatory structures, and financing structures; (H) the impact of introducing offshore aquaculture products to the marketplace on supply and demand for wild-capture fisheries products, and methods for ensuring resiliency and growth for both offshore aquaculture and wild-capture fisheries products; (I) mechanisms to enhance capital investment, workforce development, and equitable opportunity requirements or assistance programs in the permit process for offshore aquaculture, or to diversify permit applicants; (J) outstanding needs for continued research, development, education activities, programs, and funding regarding offshore aquaculture projects and development of the domestic workforce and entrepreneurship related to offshore aquaculture; (K) the economic potential for both large- and small-scale offshore aquaculture operations to generate a positive return on investment under various regulatory and financing structures; (L) the applicability and sufficiency of existing regulatory systems for offshore aquaculture; and (M) existing local, State, Federal, and foreign regulatory standards that may serve as models for efficient and effective regulation of offshore aquaculture; and (3) include such recommendations as the Comptroller General may have with respect to future offshore aquaculture operations, including with respect to— (A) regulatory processes necessary for permitting, monitoring, and oversight, including processes and techniques related to siting, deployment, operations, and decommissioning; (B) potential safeguards, data collection, or monitoring required to minimize disparate impacts on communities with environmental justice concerns, local economies, marine environments, and existing domestic economic sectors; (C) mechanisms for optimizing the coordination among Federal agencies with a role in permitting or supporting offshore aquaculture without compromising the goals of such permitting; (D) methods for effectively involving stakeholders, including— (i) specially affected adjacent coastal jurisdictions; (ii) local communities; (iii) regional offshore waters users and management groups, including regional fishery management councils; and (iv) users of local, State, Tribal, and Federal waters and coastal resources, including underserved communities and communities with environmental justice concerns; (E) best practices for incorporating local knowledge, including from Tribal or Indigenous communities; (F) capabilities of Federal agencies that are necessary for effective regulation of the offshore aquaculture sector; and (G) how creating private rights of action or waiving sovereign immunity would facilitate or hinder the development of offshore aquaculture projects and the acceptance of such projects by nearshore and offshore waters user groups and coastal communities.", "id": "H19A12F217890448C9C0CB191DB56EEB1", "header": "Report by Government Accountability Office", "nested": [ { "text": "(a) In general \nNot later than 2 years after the date of the enactment of this Act, the Comptroller General of the United States shall submit to the appropriate committees of Congress a report examining the permitting, monitoring, and regulation of offshore aquaculture during the 15-year period ending on such date of enactment.", "id": "HF7063BBBE1CE48509421819AB8713C6C", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Bases of report \nThe Comptroller General shall base the report required by subsection (a) on available literature, case studies, and stakeholder input.", "id": "HED680C91CAD04624880883D0B08064E2", "header": "Bases of report", "nested": [], "links": [] }, { "text": "(c) Elements of report \nThe report required by subsection (a) shall— (1) assess the feasibility and potential positive and negative implications of designating a lead agency to issue offshore aquaculture permits in a timely manner; (2) identify lessons learned during the period described in subsection (a) with respect to— (A) the implications of offshore aquaculture type, location, and regulatory framework on the success of offshore aquaculture projects; (B) the degree of involvement of coastal or adjacent States, Tribal groups, underserved communities, or communities with environmental justice concerns in consultation, planning, or operations of offshore aquaculture operations; (C) safety protocols and risk mitigation measures for the permit and oversight processes for offshore aquaculture, including— (i) escape prevention measures; (ii) emergency event response planning; (iii) compliance monitoring, particularly in remote locations; (iv) compliance with Federal laws; (v) reporting mechanisms to appropriate Federal authorities; and (vi) vessel navigation aids to ensure navigational safety; (D) the effect of incentives to reduce adverse effects or disparate impacts from offshore aquaculture operations; (E) building and optimizing synergies between offshore aquaculture and wild-caught fishing activities, or offshore, nearshore, and onshore aquaculture activities, including market development, increasing seafood consumption, and shared infrastructure; (F) the environmental effects of offshore aquaculture operations, including mechanisms to prevent harm to the environment, wildlife, or human well-being; (G) in consultation with the Council Coordination Committee, the net economic and social benefits of offshore aquaculture projects, particularly for nearby communities, including underserved communities and communities with environmental justice concerns, based on project size, regulatory structures, and financing structures; (H) the impact of introducing offshore aquaculture products to the marketplace on supply and demand for wild-capture fisheries products, and methods for ensuring resiliency and growth for both offshore aquaculture and wild-capture fisheries products; (I) mechanisms to enhance capital investment, workforce development, and equitable opportunity requirements or assistance programs in the permit process for offshore aquaculture, or to diversify permit applicants; (J) outstanding needs for continued research, development, education activities, programs, and funding regarding offshore aquaculture projects and development of the domestic workforce and entrepreneurship related to offshore aquaculture; (K) the economic potential for both large- and small-scale offshore aquaculture operations to generate a positive return on investment under various regulatory and financing structures; (L) the applicability and sufficiency of existing regulatory systems for offshore aquaculture; and (M) existing local, State, Federal, and foreign regulatory standards that may serve as models for efficient and effective regulation of offshore aquaculture; and (3) include such recommendations as the Comptroller General may have with respect to future offshore aquaculture operations, including with respect to— (A) regulatory processes necessary for permitting, monitoring, and oversight, including processes and techniques related to siting, deployment, operations, and decommissioning; (B) potential safeguards, data collection, or monitoring required to minimize disparate impacts on communities with environmental justice concerns, local economies, marine environments, and existing domestic economic sectors; (C) mechanisms for optimizing the coordination among Federal agencies with a role in permitting or supporting offshore aquaculture without compromising the goals of such permitting; (D) methods for effectively involving stakeholders, including— (i) specially affected adjacent coastal jurisdictions; (ii) local communities; (iii) regional offshore waters users and management groups, including regional fishery management councils; and (iv) users of local, State, Tribal, and Federal waters and coastal resources, including underserved communities and communities with environmental justice concerns; (E) best practices for incorporating local knowledge, including from Tribal or Indigenous communities; (F) capabilities of Federal agencies that are necessary for effective regulation of the offshore aquaculture sector; and (G) how creating private rights of action or waiving sovereign immunity would facilitate or hinder the development of offshore aquaculture projects and the acceptance of such projects by nearshore and offshore waters user groups and coastal communities.", "id": "HD38CEA199A604076B771371A3C6FE072", "header": "Elements of report", "nested": [], "links": [] } ], "links": [] }, { "text": "7. Rule of construction \nAny requirement in this Act to identify or consider an impact or effect on human health, the environment, or the climate shall be construed as including a requirement to make such identification or consideration while taking into account— (1) the cumulative impact of such impact or effect in the context of all sources of emissions, discharges, or releases from any source, past, present, or in the reasonably foreseeable future, on the affected environment and population; (2) any characteristics of such environment and population that may heighten vulnerability to environmental pollution and related health risks; and (3) any action or practice that, even if appearing neutral, has the effect of subjecting individuals to discrimination on the basis of race, color, or national origin.", "id": "H979DDD5262DC438586B9E16BC634B72B", "header": "Rule of construction", "nested": [], "links": [] } ]

[ "Education and the Workforce Committee", "Natural Resources Committee" ]