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MTSU Fall 2024 Software Engineering 14

Special Inspector General for Ukraine Assistance Act This bill establishes the Office of the Special Inspector General for Ukraine Assistance, led by the Special Inspector General for Ukraine Assistance. The Special Inspector General shall be appointed by the President with the advice and consent of the Senate. The duties of the office include conducting, supervising, and coordinating audits and investigations of the amounts appropriated or otherwise made available for the military and nonmilitary support of Ukraine, and of the programs, operations, and contracts carried out utilizing such funds; establishing, maintaining, and overseeing such systems, procedures, and controls as the office considers appropriate for such audits and investigations; and coordinating with the Inspectors General of the Department of Defense (DOD), the Department of State, and the U.S. Agency for International Development. Whenever information or assistance requested by the office is unreasonably refused or not provided, the office shall report the circumstances to the State Department or DOD and to Congress without delay. The office shall submit a report to Congress on a quarterly basis.

118 S651 IS: Special Inspector General for Ukraine Assistance Act U.S. Senate 2023-03-02 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 118th CONGRESS 1st Session S. 651 IN THE SENATE OF THE UNITED STATES March 2, 2023 Mr. Hawley Mr. Vance Committee on Foreign Relations A BILL To establish the Office of the Special Inspector General for Ukraine Assistance, and for other purposes. 1. Short title This Act may be cited as the Special Inspector General for Ukraine Assistance Act 2. Special Inspector General for Ukraine Assistance (a) Purposes The purposes of this section are as follows: (1) To provide for the independent and objective conduct and supervision of audits and investigations, including within the territory of Ukraine, relating to the programs and operations funded with amounts appropriated or otherwise made available for the military and nonmilitary support of Ukraine. (2) To provide for the independent and objective leadership and coordination of, and recommendations on, policies designed to prevent and detect waste, fraud, and abuse in such programs and operations described in paragraph (1). (3) To provide for an independent and objective means of keeping the Secretary of State, the Secretary of Defense, and Congress fully and currently informed about problems and deficiencies relating to the administration of such programs and operations and the necessity for and progress on corrective action. (b) Office of Inspector General There is hereby established the Office of the Special Inspector General for Ukraine Assistance to carry out the purposes set forth in subsection (a). (c) Appointment of Inspector General; removal (1) Appointment The head of the Office of the Special Inspector General for Ukraine Assistance is the Special Inspector General for Ukraine Assistance (in this section referred to as the Inspector General (2) Qualifications The appointment of the Inspector General shall be made solely on the basis of integrity and demonstrated ability in accounting, auditing, financial analysis, law, management analysis, public administration, or investigations. (3) Deadline for appointment The appointment of an individual as Inspector General shall be made not later than 30 days after the date of the enactment of this Act. (4) Compensation The annual rate of basic pay of the Inspector General shall be the annual rate of basic pay provided for positions at level IV of the Executive Schedule under section 5315 of title 5, United States Code. (5) Prohibition on political activities For purposes of section 7324 of title 5, United States Code, the Inspector General shall not be considered an employee who determines policies to be pursued by the United States in the nationwide administration of Federal law. (6) Removal The Inspector General shall be removable from office in accordance with the provisions of section 403(b) of title 5, United States Code. (d) Assistant inspectors general The Inspector General shall, in accordance with applicable laws and regulations governing the civil service— (1) appoint an Assistant Inspector General for Auditing who shall have the responsibility for supervising the performance of auditing activities relating to programs and operations supported by amounts appropriated or otherwise made available for the military and nonmilitary support of Ukraine; and (2) appoint an Assistant Inspector General for Investigations who shall have the responsibility for supervising the performance of investigative activities relating to such programs and operations. (e) Supervision (1) In general Except as provided in paragraph (2), the Inspector General shall report directly to, and be under the general supervision of, the Secretary of State and the Secretary of Defense. (2) Independence to conduct investigations and audits No officer of the Department of Defense, the Department of State, or the United States Agency for International Development shall prevent or prohibit the Inspector General from initiating, carrying out, or completing any audit or investigation related to amounts appropriated or otherwise made available for the military and nonmilitary support of Ukraine or from issuing any subpoena during the course of any such audit or investigation. (f) Duties (1) Oversight of military and nonmilitary support of Ukraine It shall be the duty of the Inspector General to conduct, supervise, and coordinate audits and investigations of the treatment, handling, and expenditure of amounts appropriated or otherwise made available for the military and nonmilitary support of Ukraine, and of the programs, operations, and contracts carried out utilizing such funds, including— (A) the oversight and accounting of the obligation and expenditure of such funds; (B) the monitoring and review of contracts funded by such funds; (C) the monitoring and review of the transfer of such funds and associated information between and among departments, agencies, and entities of the United States and private and nongovernmental entities; (D) the maintenance of records on the use of such funds to facilitate future audits and investigations of the use of such funds; (E) the investigation of overpayments such as duplicate payments or duplicate billing and any potential unethical or illegal actions of Federal employees, contractors, or affiliated entities and the referral of such reports, as necessary, to the Department of Justice to ensure further investigations, prosecutions, recovery of further funds, or other remedies; (F) the monitoring and review of all military and nonmilitary activities funded by such funds; and (G) the tracking and monitoring of all lethal and nonlethal security assistance provided by the United States, including a review of compliance with all applicable end-use certification requirements. (2) Other duties related to oversight The Inspector General shall establish, maintain, and oversee such systems, procedures, and controls as the Inspector General considers appropriate to discharge the duties under paragraph (1). (3) Duties and responsibilities under chapter 4 In addition to the duties specified in paragraphs (1) and (2), the Inspector General shall also have the duties and responsibilities of inspectors general under chapter 4 (4) Coordination of efforts In carrying out the duties, responsibilities, and authorities of the Inspector General under this section, the Inspector General shall coordinate with, and receive the cooperation of each of the following: (A) The Inspector General of the Department of Defense. (B) The Inspector General of the Department of State. (C) The Inspector General of the United States Agency for International Development. (g) Powers and authorities (1) Authorities under chapter 4 In carrying out the duties specified in subsection (f), the Inspector General shall have the authorities provided in section 406 of title 5, United States Code, including the authorities under subsection (e) of such section. (2) Audit standards The Inspector General shall carry out the duties specified in subsection (f)(1) in accordance with section 404(b)(1) of title 5, United States Code. (h) Personnel, facilities, and other resources (1) Personnel (A) In general The Inspector General may select, appoint, and employ such officers and employees as may be necessary for carrying out the duties of the Inspector General, subject to the provisions of title 5, United States Code, governing appointments in the competitive service, and the provisions of chapter 51 and subchapter III of chapter 53 of such title, relating to classification and General Schedule pay rates. (B) Additional authorities (i) In general Subject to clause (ii), the Inspector General may exercise the authorities of subsections (b) through (i) of section 3161 of title 5, United States Code (without regard to subsection (a) of that section). (ii) Periods of appointments In exercising the employment authorities under subsection (b) of section 3161 of title 5, United States Code, as provided under clause (i) of this subparagraph— (I) paragraph (2) of that subsection (relating to periods of appointments) shall not apply; and (II) no period of appointment may exceed the date on which the Office of the Special Inspector General for Ukraine Assistance terminates under subsection (o). (2) Employment of experts and consultants The Inspector General may obtain services as authorized by section 3109 of title 5, United States Code, at daily rates not to exceed the equivalent rate prescribed for grade GS–15 of the General Schedule by section 5332 of such title. (3) Contracting authority To the extent and in such amounts as may be provided in advance by appropriations Acts, the Inspector General may enter into contracts and other arrangements for audits, studies, analyses, and other services with public agencies and with private persons, and make such payments as may be necessary to carry out the duties of the Inspector General. (4) Resources The Secretary of State or the Secretary of Defense, as appropriate, shall provide the Inspector General with— (A) appropriate and adequate office space at appropriate locations of the Department of State or the Department of Defense, as the case may be, in Ukraine or at an appropriate United States military installation in the European theater, together with such equipment, office supplies, and communications facilities and services as may be necessary for the operation of such offices, and shall provide necessary maintenance services for such offices and the equipment and facilities located therein; and (B) appropriate and adequate support for audits, investigations, and related activities by the Inspector General or assigned personnel within the territory of Ukraine. (5) Assistance from Federal agencies (A) In general Upon request of the Inspector General for information or assistance from any department, agency, or other entity of the Federal Government, the head of such entity shall, insofar as is practicable and not in contravention of any existing law, furnish such information or assistance to the Inspector General, or an authorized designee. (B) Reporting of refused assistance Whenever information or assistance requested by the Inspector General is, in the judgment of the Inspector General, unreasonably refused or not provided, the Inspector General shall report the circumstances to the Secretary of State or the Secretary of Defense, as appropriate, and to the appropriate congressional committees without delay. (i) Reports (1) Quarterly reports Not later than 30 days after the end of each fiscal-year quarter, the Inspector General shall submit to the appropriate congressional committees a report summarizing, for the period of that quarter and, to the extent possible, the period from the end of such quarter to the time of the submission of the report, the activities during such period of the Inspector General and the activities under programs and operations funded with amounts appropriated or otherwise made available for the military and nonmilitary support of Ukraine. Each report shall include, for the period covered by such report, a detailed statement of all obligations, expenditures, and revenues associated with military and nonmilitary support of Ukraine, including the following: (A) Obligations and expenditures of appropriated funds. (B) Operating expenses of agencies or entities receiving amounts appropriated or otherwise made available for the military and nonmilitary support of Ukraine. (C) In the case of any contract, grant, agreement, or other funding mechanism described in paragraph (2)— (i) the amount of the contract, grant, agreement, or other funding mechanism; (ii) a brief discussion of the scope of the contract, grant, agreement, or other funding mechanism; (iii) a discussion of how the department or agency of the United States Government involved in the contract, grant, agreement, or other funding mechanism identified, and solicited offers from, potential individuals or entities to perform the contract, grant, agreement, or other funding mechanism, together with a list of the potential individuals or entities that were issued solicitations for the offers; and (iv) the justification and approval documents on which was based the determination to use procedures other than procedures that provide for full and open competition. (D) An accounting comparison of— (i) the military and nonmilitary support provided to Ukraine by the United States; and (ii) the military and nonmilitary support provided to Ukraine by other North Atlantic Treaty Organization member countries, including allied contributions to Ukraine that are subsequently backfilled or subsidized using United States funds. (E) An evaluation of the compliance of the Government of Ukraine with all requirements for receiving United States funds, including a description of any area of concern with respect to the ability of the Government of Ukraine to achieve such compliance. (2) Covered contracts, grants, agreements, and funding mechanisms A contract, grant, agreement, or other funding mechanism described in this paragraph is any major contract, grant, agreement, or other funding mechanism that is entered into by any department or agency of the United States Government that involves the use of amounts appropriated or otherwise made available for the military and nonmilitary support of Ukraine with any public or private sector entity for any of the following purposes: (A) To build or rebuild physical infrastructure of Ukraine. (B) To establish or reestablish a political or societal institution of Ukraine. (C) To provide products or services to the people of Ukraine. (D) To provide lethal or nonlethal weaponry to Ukraine. (E) To otherwise provide military or nonmilitary support to Ukraine. (3) Public availability The Inspector General shall publish on a publicly available internet website each report under paragraph (1) of this subsection in English and other languages that the Inspector General determines are widely used and understood in Ukraine. (4) Form Each report required under this subsection shall be submitted in unclassified form, but may include a classified annex if the Inspector General considers it necessary. (5) Rule of construction Nothing in this subsection shall be construed to authorize the public disclosure of information that is— (A) specifically prohibited from disclosure by any other provision of law; (B) specifically required by Executive order to be protected from disclosure in the interest of national defense or national security or in the conduct of foreign affairs; or (C) a part of an ongoing criminal investigation. (j) Report coordination (1) Submission to secretaries of State and defense The Inspector General shall also submit each report required under subsection (i) to the Secretary of State and the Secretary of Defense. (2) Submission to Congress (A) In general Not later than 30 days after receipt of a report under paragraph (1), the Secretary of State and the Secretary of Defense shall submit to the appropriate congressional committees any comments on the matters covered by the report. Such comments shall be submitted in unclassified form, but may include a classified annex if the Secretary of State or the Secretary of Defense, as the case may be, considers it necessary. (B) Access On request, any Member of Congress may view comments submitted under subparagraph (A), including the classified annex. (k) Transparency (1) Report Not later than 60 days after submission to the appropriate congressional committees of a report under subsection (i), the Secretary of State and the Secretary of Defense shall jointly make copies of the report available to the public upon request, and at a reasonable cost. (2) Comments on matters covered by report Not later than 60 days after submission to the appropriate congressional committees under subsection (j)(2)(A) of comments on a report under subsection (i), the Secretary of State and the Secretary of Defense shall jointly make copies of the comments available to the public upon request, and at a reasonable cost. (l) Waiver (1) Authority The President may waive the requirement under paragraph (1) or (2) of subsection (k) with respect to availability to the public of any element in a report under subsection (i), or any comment under subsection (j)(2)(A), if the President determines that the waiver is justified for national security reasons. (2) Notice of waiver The President shall publish a notice of each waiver made under this subsection in the Federal Register no later than the date on which a report required under subsection (i), or any comment under subsection (j)(2)(A), is submitted to the appropriate congressional committees. The report and comments shall specify whether waivers under this subsection were made and with respect to which elements in the report or which comments, as appropriate. (3) Submission of comments The President may not waive under this subsection subparagraph (A) or (B) of subsection (j). (m) Definitions In this section: (1) Amounts appropriated or otherwise made available for the military and nonmilitary support of Ukraine The term amounts appropriated or otherwise made available for the military and nonmilitary support of Ukraine (A) amounts appropriated or otherwise made available on or after January 1, 2022, for— (i) the Ukraine Security Assistance Initiative under section 1250 of the National Defense Authorization Act for Fiscal Year 2016 (Public Law 11492; 129 Stat. 1608); (ii) any foreign military financing accessed by the Government of Ukraine; (iii) the Presidential drawdown authority under section 506(a) of the Foreign Assistance Act of 1961 ( 22 U.S.C. 2318(a) (iv) the defense institution building program under section 332 of title 10, United States Code; (v) the building partner capacity program under section 333 of title 10, United States Code; (vi) the International Military Education and Training program of the Department of State; and (vii) the United States European Command; and (B) amounts appropriated or otherwise made available on or after January 1, 2022, for the military, economic, reconstruction, or humanitarian support of Ukraine under any account or for any purpose not described in subparagraph (A). (2) Appropriate congressional committees The term appropriate congressional committees (A) the Committees on Appropriations, the Committee on Armed Services, the Committee on Foreign Relations, and Committee on Homeland Security and Governmental Affairs of the Senate; and (B) the Committees on Appropriations, the Committee on Armed Services, the Committee on Foreign Affairs, and the Committee on Oversight and Accountability of the House of Representatives. (n) Authorization of appropriations (1) In general There is authorized to be appropriated $70,000,000 for fiscal year 2023 to carry out this section. (2) Offset The amount authorized to be appropriated for fiscal year 2023 for the Ukraine Security Assistance Initiative is hereby reduced by $70,000,000. (o) Termination (1) In general The Office of the Special Inspector General for Ukraine Assistance shall terminate 180 days after the date on which amounts appropriated or otherwise made available for the military and nonmilitary support of Ukraine that are unexpended are less than $250,000,000. (2) Final report The Inspector General shall, prior to the termination of the Office of the Special Inspector General for Ukraine Assistance under paragraph (1), prepare and submit to the appropriate congressional committees a final forensic audit report on programs and operations funded with amounts appropriated or otherwise made available for the military and nonmilitary support of Ukraine.

Special Inspector General for Ukraine Assistance Act

Freedom to Export to Cuba Act of 2023 This bill repeals both the President's statutory authority to impose an embargo on Cuba and various prohibitions against providing assistance to Cuba. Repealed prohibitions include those related to (1) the President's authority to impose sanctions on countries that provide assistance to Cuba, (2) the prohibition against U.S. investment in domestic telecommunications networks within Cuba, (3) restrictions on vessels loading or unloading freight in the United States if they have departed from a port in Cuba within 180 days, and (4) restrictions on remittances to Cuba. The President is authorized to impose export controls with respect to Cuba and exercise certain emergency economic powers in relation to unusual and extraordinary threats to the United States.

104 S653 IS: Freedom to Export to Cuba Act of 2023 U.S. Senate 2023-03-02 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 118th CONGRESS 1st Session S. 653 IN THE SENATE OF THE UNITED STATES March 2, 2023 Ms. Klobuchar Mr. Moran Mr. Murphy Mr. Marshall Ms. Warren Committee on Banking, Housing, and Urban Affairs A BILL To lift the trade embargo on Cuba. 1. Short title This Act may be cited as the Freedom to Export to Cuba Act of 2023 2. Removal of provisions restricting trade and other relations with Cuba (a) Authority for Embargo (1) In general Section 620(a) of the Foreign Assistance Act of 1961 22 U.S.C. 2370(a) (1) No assistance (2) Except Except (2) Conforming amendment Section 1709 of the Cuban Democracy Act of 1992 ( 22 U.S.C. 6008 section 620(a)(2) section 620(a) (b) Trading With the Enemy Act (1) In general The authorities conferred upon the President by section 5(b) of the Trading With the Enemy Act ( 50 U.S.C. 4305(b) (2) Regulations Any regulation that imposes direct restrictions on trade with Cuba in effect on the day before the date of the enactment of this Act pursuant to the exercise of authorities described in paragraph (1) shall cease to be effective for that purpose on and after such date of enactment. (c) Exercise of authorities under other provisions of law (1) Removal of prohibitions Any prohibition on exports to Cuba that is in effect on the day before the date of the enactment of this Act under the Export Administration Act of 1979 Public Law 96–72 50 U.S.C. 4801 et seq. (2) Authority for new restrictions The President may, on and after the date of the enactment of this Act— (A) impose export controls with respect to Cuba under section 1753 or 1754(c) of the Export Control Reform Act of 2018 (50 U.S.C. 4812 and 4813(c)); and (B) exercise the authorities the President has under the International Emergency Economic Powers Act ( 50 U.S.C. 1701 et seq. (d) Cuban Democracy Act (1) In general The Cuban Democracy Act of 1992 ( 22 U.S.C. 6001 et seq. (A) by striking section 1704 ( 22 U.S.C. 6003 (B) in section 1705(e) ( 22 U.S.C. 6004(e) (i) by striking paragraph (5); and (ii) by redesignating paragraph (6) as paragraph (5); (C) by striking section 1706 ( 22 U.S.C. 6005 (D) by striking section 1708 ( 22 U.S.C. 6007 (2) Conforming amendment Paragraph (3) of section 204(b) of the Cuban Liberty and Democratic Solidarity (LIBERTAD) Act of 1996 ( 22 U.S.C. 6064(b) (3) section 1705(d) of the Cuban Democracy Act of 1992 ( 22 U.S.C. 6004(d) . (e) Cuban Liberty and Democratic Solidarity Act (1) In general The Cuban Liberty and Democratic Solidarity (LIBERTAD) Act of 1996 ( 22 U.S.C. 6021 et seq. (A) by striking sections 101 through 108; (B) in section 109(a) ( 22 U.S.C. 6039(a) (including section 102 of this Act) (C) by striking sections 110 through 116; and (D) by striking title II ( 22 U.S.C. 6061 et seq. (2) Conforming amendment Section 606 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 ( Public Law 104–208 8 U.S.C. 1255 (f) Trade Sanctions Reform and Export Enhancement Act of 2000 The Trade Sanctions Reform and Export Enhancement Act of 2000 ( 22 U.S.C. 7201 et seq. (1) in section 906(a)(1) ( 22 U.S.C. 7205(a)(1) Cuba, (2) in section 908 ( 22 U.S.C. 7207 (A) by striking subsection (b); (B) in subsection (a)— (i) by striking Prohibition (1) In general.— In general.— (ii) by striking for exports to Cuba or (iii) by striking paragraph (2); and (iv) by redesignating paragraph (3) as subsection (b) and by moving such subsection, as so redesignated, 2 ems to the left; and (C) in subsection (b), as redesignated by subparagraph (B)(iv), by striking paragraph (1) subsection (a) (3) by striking section 909 ( 22 U.S.C. 7208

Freedom to Export to Cuba Act of 2023

Delaware River Basin Conservation Reauthorization Act of 2023 This bill extends through FY2030 and revises the Delaware River Basin Restoration Program and the Delaware River Basin Restoration Grant Program. Specifically, the bill adds Maryland to the current list of basin states: Delaware, New Jersey, New York, and Pennsylvania. It also increases the federal cost share of a grant project that serves a small, rural, or disadvantaged community to 90% of the total cost of the project. However, the federal share may be increased to 100% of the project's total cost if the grant recipient is unable to pay, or would experience significant financial hardship if required to pay, the nonfederal share.

114 S654 IS: Delaware River Basin Conservation Reauthorization Act of 2023 U.S. Senate 2023-03-06 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 118th CONGRESS 1st Session S. 654 IN THE SENATE OF THE UNITED STATES March 6, 2023 Mr. Carper Mr. Booker Mr. Cardin Mr. Casey Mr. Coons Committee on Environment and Public Works A BILL To amend the Water Infrastructure Improvements for the Nation Act to reauthorize Delaware River Basin conservation programs, and for other purposes. 1. Short title This Act may be cited as the Delaware River Basin Conservation Reauthorization Act of 2023 2. Delaware River Basin Conservation reauthorization (a) Findings Section 3501(2) of the Water Infrastructure Improvements for the Nation Act ( Public Law 114–322 Maryland, Delaware, (b) Definitions of Basin and Basin state Section 3502 of the Water Infrastructure Improvements for the Nation Act ( Public Law 114–322 (1) in paragraph (1)— (A) by striking 4-State 5-State (B) by inserting Maryland, Delaware, (2) in paragraph (2), by inserting Maryland, Delaware, (c) Cost sharing Section 3504(c)(1) of the Water Infrastructure Improvements for the Nation Act ( Public Law 114–322 (1) by striking The Federal share (A) In general Except as provided in subparagraph (B), the Federal share ; and (2) by adding at the end the following: (B) Small, rural, and disadvantaged communities (i) In general Subject to clause (ii), the Federal share of the cost of a project funded under the grant program that serves a small, rural, or disadvantaged community shall be 90 percent of the total cost of the project, as determined by the Secretary. (ii) Waiver The Secretary may increase the Federal share under clause (i) to 100 percent of the total cost of the project if the Secretary determines that the grant recipient is unable to pay, or would experience significant financial hardship if required to pay, the non-Federal share. . (d) Sunset Section 3507 of the Water Infrastructure Improvements for the Nation Act ( Public Law 114–322 2023 2030

Delaware River Basin Conservation Reauthorization Act of 2023

Chronic Disease Management Act of 2023 This bill modifies requirements for health savings accounts (HSAs) to permit the high deductible health plans required for an HSA to provide care for chronic conditions with no deductible. The bill covers any preventive care service or item used to treat a chronic condition if (1) such service or item is low-cost, (2) there is medical evidence of the effectiveness of such service or item, and (3) there is a strong likelihood that the use of such service or item will prevent the exacerbation of the chronic condition or the development of a secondary condition that requires significantly higher cost treatment. The bill further provides that an individual who has been prescribed preventive care for any chronic condition may be presumed to have been diagnosed with such condition if such preventive care is customarily prescribed for such condition.

118 S655 IS: Chronic Disease Management Act of 2023 U.S. Senate 2023-03-06 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 118th CONGRESS 1st Session S. 655 IN THE SENATE OF THE UNITED STATES March 6, 2023 Mr. Thune Mr. Carper Committee on Finance A BILL To amend the Internal Revenue Code of 1986 to permit high deductible health plans to provide chronic disease prevention services to plan enrollees prior to satisfying their plan deductible. 1. Short title This Act may be cited as the Chronic Disease Management Act of 2023 2. Chronic disease prevention (a) In general Section 223(c)(2) (F) Preventive care services and items for chronic conditions For purposes of subparagraph (C)— (i) preventive care shall include any service or item used to treat an individual with a chronic condition if— (I) such service or item is low-cost, (II) in regards to such service or item, there is medical evidence supporting high cost efficiency of preventing exacerbation of the chronic condition or the development of a secondary condition, and (III) there is a strong likelihood, documented by clinical evidence, that with respect to the class of individuals utilizing such service or item, the specific service or use of the item will prevent the exacerbation of the chronic condition or the development of a secondary condition that requires significantly higher cost treatments, and (ii) an individual who has been prescribed preventive care for any chronic condition may be presumed to have been diagnosed with such condition if such preventive care is customarily prescribed for such condition. . (b) Effective date The amendment made by this section shall apply to coverage for months beginning after the date of the enactment of this Act.

Chronic Disease Management Act of 2023

Veteran Improvement Commercial Driver License Act of 2023 This bill authorizes approval of certain commercial driver education programs for purposes of Department of Veterans Affairs (VA) educational assistance if the programs meet specified requirements. Under current law, the VA may not approve enrollment of a veteran in courses for programs that do not lead to a standard degree that are offered at a new branch (i.e., a branch that has been operating for less than 2 years) of an educational institution. Under the bill, a commercial driver education program offered at a new branch of an educational institution may be approved if it is appropriately licensed and uses the same curriculum as a commercial driver education program offered by the educational institution at another location that is already approved for purposes of VA educational assistance. The educational institution must submit a report demonstrating the curriculum at the new branch is the same as the curriculum at the primary location in order to be exempt from the current prohibition against course approval at new branches.

118 S656 ES: Veteran Improvement Commercial Driver License Act of 2023 U.S. Senate text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. 118th CONGRESS 1st Session S. 656 IN THE SENATE OF THE UNITED STATES AN ACT To amend title 38, United States Code, to revise the rules for approval by the Secretary of Veterans Affairs of commercial driver education programs for purposes of veterans educational assistance, and for other purposes. 1. Short title This Act may be cited as the Veteran Improvement Commercial Driver License Act of 2023 2. Modification of rules for approval of commercial driver education programs for purposes of veterans educational assistance (a) In general Section 3680A(e) of title 38, United States Code, is amended— (1) by redesignating paragraphs (1) through (3) as subparagraphs (A) though (C), respectively; (2) in the matter before subparagraph (A), as redesignated by paragraph (1), by inserting (1) The Secretary (3) in paragraph (1)(B), as redesignated by paragraph (1), by inserting except as provided in paragraph (2), the course (4) by adding at the end the following new paragraph (2): (2) (A) Subject to this paragraph, a commercial driver education program is exempt from paragraph (1)(B) for a branch of an educational institution if the commercial driver education program offered at the branch by the educational institution— (i) is appropriately licensed; and (ii) uses the same curriculum as a commercial driver education program offered by the educational institution at another location that is approved for purposes of this chapter by a State approving agency or the Secretary when acting in the role of a State approving agency. (B) (i) In order for a commercial driver education program of an educational institution offered at a branch described in paragraph (1)(B) to be exempt under subparagraph (A) of this paragraph, the educational institution shall submit to the Secretary each year that paragraph (1)(B) would otherwise apply a report that demonstrates that the curriculum at the new branch is the same as the curriculum at the primary location. (ii) Reporting under clause (i) shall be submitted in accordance with such requirements as the Secretary shall establish in consultation with the State approving agencies. (C) (i) The Secretary may withhold an exemption under subparagraph (A) for any educational institution or branch of an educational institution as the Secretary considers appropriate. (ii) In making any determination under clause (i), the Secretary may consult with the Secretary of Transportation on the performance of a provider of a commercial driver program, including the status of the provider within the Training Provider Registry of the Federal Motor Carrier Safety Administration when appropriate. . (b) Implementation (1) Establishment of requirements Not later than 180 days after the date of the enactment of this Act, the Secretary of Veterans Affairs shall establish requirements under section 3680A(e)(2)(B)(ii) of such title, as added by subsection (a). (2) Applicability The amendments made by subsection (a) shall apply to commercial driver education programs on and after the date that is 180 days after the date on which the Secretary establishes the requirements under paragraph (1) of this subsection. Passed the Senate November 2, 2023. Secretary

Veteran Improvement Commercial Driver License Act of 2023

EQIP Improvement Act of 2023 This bill amends the Environmental Quality Incentives Program (EQIP) to reduce and remove certain payment requirements. (EQIP provides technical and financial assistance to agricultural producers and forest landowners to address natural resource concerns.) Specifically, the bill reduces the maximum payments available to a person or legal entity under EQIP to $150,000 per five-year period (from the current level of $450,000), thereby allowing for an increase in the overall number of participants in the program; reduces federal cost sharing to 40% (from 75%) for the costs associated with planning, installation, or maintenance for specified conservation practices (e.g., access roads, dams, and waste storage facilities); and removes a requirement that 50% of EQIP funding payments go to livestock production programs.

118 S658 IS: EQIP Improvement Act of 2023 U.S. Senate 2023-03-06 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 118th CONGRESS 1st Session S. 658 IN THE SENATE OF THE UNITED STATES March 6, 2023 Mr. Booker Mr. Lee Committee on Agriculture, Nutrition, and Forestry A BILL To amend the Food Security Act of 1985 to make adjustments to the environmental quality incentives program, and for other purposes. 1. Short title This Act may be cited as the EQIP Improvement Act of 2023 2. Environmental Quality Incentives Program reforms (a) In general Section 1240B of the Food Security Act of 1985 ( 16 U.S.C. 3839aa–2 (1) in subsection (d), by striking paragraph (2) and inserting the following: (2) Limitation on payments A payment to a producer for performing a practice may not exceed, as determined by the Secretary— (A) except as provided in subparagraphs (B) through (D), 75 percent of the costs associated with planning, design, materials, equipment, installation, labor, management, maintenance, or training; (B) 40 percent of the costs associated with planning, design, materials, equipment, installation, labor, management, maintenance, or training for— (i) an access road; (ii) an animal mortality facility; (iii) an aquaculture pond; (iv) clearing and snagging; (v) a dam; (vi) a dam using a diversion; (vii) a dike; (viii) a diversion; (ix) a fish raceway or tank; (x) an irrigation pipeline; (xi) an irrigation reservoir; (xii) land clearing; (xiii) land smoothing; (xiv) a livestock pipeline; (xv) obstruction removal; (xvi) a pond; (xvii) a pumping plant; (xviii) spoil spreading; (xix) a surface drain using a field ditch; (xx) a main or lateral surface drain; (xxi) a vertical drain; (xxii) a waste facility closure; (xxiii) a waste storage facility; (xxiv) waste transfer; or (xxv) a waste treatment lagoon; (C) 100 percent of income foregone by the producer; or (D) in the case of a practice that includes 1 or more elements described in subparagraphs (A) through (C)— (i) 75 percent of the costs incurred with respect to any elements described in subparagraph (A); (ii) 40 percent of the costs incurred with respect to any elements described in subparagraph (B); and (iii) 100 percent of the income forgone with respect to any elements described in subparagraph (C). ; and (2) in subsection (f), by striking the subsection designation and heading and all that follows through For each (f) Allocation of funding for wildlife habitat For each . (b) Limitation on payments Section 1240G of the Food Security Act of 1985 ( 16 U.S.C. 3839aa–7 $450,000 $150,000 (c) Report to Congress Section 1240B of the Food Security Act of 1985 ( 16 U.S.C. 3839aa–2 (k) Annual report to Congress Not less frequently than once each year, the Secretary shall submit to Congress a report describing— (1) the amount obligated under the program with respect to each category of practice, with information categorized by fiscal year and State; and (2) the amount obligated under the program in each State, with information categorized by fiscal year and the size of the operation of each producer. .

EQIP Improvement Act of 2023

Adminitrative False Claims Act of 2023 This bill modifies provisions regarding fraud committed against the federal government. Specifically, the bill raises the maximum amount of a fraud claim that may be handled administratively from $150,000 to $1 million and allows the government to recoup costs for investigating and prosecuting these frauds.

99 S659 ES: Administrative False Claims Act of 2023 U.S. Senate text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. 118th CONGRESS 1st Session S. 659 IN THE SENATE OF THE UNITED STATES AN ACT To amend chapter 38 1. Short title This Act may be cited as the Administrative False Claims Act of 2023 2. Administrative false claims (a) Change in short title (1) In general Subtitle B of title VI of the Omnibus Budget Reconciliation Act of 1986 ( Public Law 99–509 (A) in the subtitle heading, by striking Program Fraud Civil Remedies Administrative False Claims (B) in section 6101 ( 31 U.S.C. 3801 Program Fraud Civil Remedies Act of 1986 Administrative False Claims Act (2) References Any reference to the Program Fraud Civil Remedies Act of 1986 in any provision of law, regulation, map, document, record, or other paper of the United States shall be deemed a reference to the Administrative False Claims Act. (b) Reverse false claims Chapter 38 (1) in section 3801(a)(3), by amending subparagraph (C) to read as follows: (C) made to an authority which has the effect of concealing or improperly avoiding or decreasing an obligation to pay or transmit property, services, or money to the authority, ; and (2) in section 3802(a)(3)— (A) by striking An assessment (A) Except as provided in subparagraph (B), an assessment (B) by adding at the end the following: (B) In the case of a claim described in section 3801(a)(3)(C), an assessment shall not be made under the second sentence of paragraph (1) in an amount that is more than double the value of the property, services, or money that was wrongfully withheld from the authority. . (c) Increasing dollar amount of claims Section 3803(c) of title 31, United States Code, is amended— (1) in paragraph (1), by striking $150,000 $1,000,000 (2) by adding at the end the following: (3) Adjustment for inflation The maximum amount in paragraph (1) shall be adjusted for inflation in the same manner and to the same extent as civil monetary penalties under the Federal Civil Penalties Inflation Adjustment Act ( 28 U.S.C. 2461 . (d) Recovery of costs Section 3806(g)(1) of title 31, United States Code, is amended to read as follows: (1) (A) Except as provided in paragraph (2)— (i) any amount collected under this chapter shall be credited first to reimburse the authority or other Federal entity that expended costs in support of the investigation or prosecution of the action, including any court or hearing costs; and (ii) amounts reimbursed under clause (i) shall— (I) be deposited in— (aa) the appropriations account of the authority or other Federal entity from which the costs described in subparagraph (A) were obligated; (bb) a similar appropriations account of the authority or other Federal entity; or (cc) if the authority or other Federal entity expended nonappropriated funds, another appropriate account; and (II) remain available until expended. (B) Any amount remaining after reimbursements described in subparagraph (A) shall be deposited as miscellaneous receipts in the Treasury of the United States. . (e) Semiannual reporting Section 405(c) of title 5, United States Code, is amended— (1) in paragraph (4), by striking and (2) by redesignating paragraph (5) as paragraph (6); and (3) by inserting after paragraph (4) the following: (5) information relating to cases under chapter 38 (A) the number of reports submitted by investigating officials to reviewing officials under section 3803(a)(1) of such title; (B) actions taken in response to reports described in subparagraph (A), which shall include statistical tables showing— (i) pending cases; (ii) resolved cases; (iii) the average length of time to resolve each case; (iv) the number of final agency decisions that were appealed to a district court of the United States or a higher court; and (v) if the total number of cases in a report is greater than 2— (I) the number of cases that were settled; and (II) the total penalty or assessment amount recovered in each case, including through a settlement or compromise; and (C) instances in which the reviewing official declined to proceed on a case reported by an investigating official; and . (f) Increasing efficiency of DOJ processing Section 3803(j) of title 31, United States Code, is amended— (1) by inserting (1) The reviewing (2) by adding at the end the following: (2) A reviewing official shall notify the Attorney General in writing not later than 30 days before entering into any agreement to compromise or settle allegations of liability under section 3802 and before the date on which the reviewing official is permitted to refer allegations of liability to a presiding officer under subsection (b). . (g) Revision of definition of hearing officials (1) In general Chapter 38 (A) in section 3801(a)(7)— (i) in subparagraph (A), by striking or (ii) in subparagraph (B)(vii), by adding or (iii) by adding at the end the following: (C) a member of the board of contract appeals pursuant to section 7105 of title 41, if the authority does not employ an available presiding officer under subparagraph (A); ; and (B) in section 3803(d)(2)— (i) in subparagraph (A), by striking and (ii) in subparagraph (B)— (I) by striking the presiding (i) in the case of a referral to a presiding officer described in subparagraph (A) or (B) of section 3801(a)(7), the presiding (II) in clause (i), as so designated, by striking the period at the end and inserting ; or (III) by adding at the end the following: (ii) in the case of a referral to a presiding officer described in subparagraph (C) of section 3801(a)(7)— (I) the reviewing official shall submit a copy of the notice required by under paragraph (1) and of the response of the person receiving such notice requesting a hearing— (aa) to the board of contract appeals that has jurisdiction over matters arising from the agency of the reviewing official pursuant to section 7105(e)(1) of title 41; or (bb) if the Chair of the board of contract appeals declines to accept the referral, to any other board of contract appeals; and (II) the reviewing official shall simultaneously mail, by registered or certified mail, or shall deliver, notice to the person alleged to be liable under section 3802 that the referral has been made to an agency board of contract appeals with an explanation as to where the person may obtain the relevant rules of procedure promulgated by the board; and ; and (iii) by adding at the end the following: (C) in the case of a hearing conducted by a presiding officer described in subparagraph (C) of section 3801(a)(7)— (i) the presiding officer shall conduct the hearing according to the rules and procedures promulgated by the board of contract appeals; and (ii) the hearing shall not be subject to the provisions in subsection (g)(2), (h), or (i). . (2) Agency boards Section 7105(e) of title 41, United States Code, is amended— (A) in paragraph (1), by adding at the end the following: (E) Administrative False Claims Act (i) In general The boards described in subparagraphs (B), (C), and (D) shall have jurisdiction to hear any case referred to a board of contract appeals under section 3803(d) of title 31. (ii) Declining referral If the Chair of a board described in subparagraph (B), (C), or (D) determines that accepting a case under clause (i) would prevent adequate consideration of other cases being handled by the board, the Chair may decline to accept the referral. ; and (B) in paragraph (2), by inserting or, in the event that a case is filed under chapter 38 (3) Regulations Not later than 180 days after the date of enactment of this Act, each authority head, as defined in section 3801 of title 31, United States Code, and each board of contract appeals of a board described in subparagraph (B), (C), or (D) of section 7105(e) of title 41, United States Code, shall amend procedures regarding proceedings as necessary to implement the amendments made by this subsection. (h) Revision of limitations Section 3808 of title 31, United States Code, is amended by striking subsection (a) and inserting the following: (a) A notice to the person alleged to be liable with respect to a claim or statement shall be mailed or delivered in accordance with section 3803(d)(1) not later than the later of— (1) 6 years after the date on which the violation of section 3802 is committed; or (2) 3 years after the date on which facts material to the action are known or reasonably should have been known by the authority head, but in no event more than 10 years after the date on which the violation is committed. . (i) Definitions Section 3801 of title 31, United States Code, is amended— (1) in subsection (a)— (A) in paragraph (8), by striking and (B) in paragraph (9), by striking the period at the end and inserting a semicolon; and (C) by adding at the end the following: (10) material (11) obligation ; and (2) by adding at the end the following: (d) For purposes of subsection (a)(10), materiality shall be determined in the same manner as under section 3729 of this title. . (j) Promulgation of regulations Not later than 180 days after the date of enactment of this Act, each authority head, as defined in section 3801 of title 31, United States Code, shall— (1) promulgate regulations and procedures to carry out this Act and the amendments made by this Act; and (2) review and update existing regulations and procedures of the authority to ensure compliance with this Act and the amendments made by this Act. Passed the Senate March 30, 2023. Secretary

Administrative False Claims Act of 2023

NOTAM Improvement Act of 2023 This bill directs the Federal Aviation Administration (FAA) to establish the FAA Task Force on NOTAM (notice to air missions required by international or domestic law) Improvement. A NOTAM is a notice containing information essential to personnel concerned with flight operations but not known far enough in advance to be publicized by other means. It states the abnormal status of a component of the National Airspace System. Specifically, the task force must (1) review existing methods for presenting NOTAMs and flight operations information for pilots; (2) review regulations and policies relating to NOTAMs, including their content and presentation to pilots; (3) evaluate and determine best practices to organize, prioritize, and present flight operations information in a manner that optimizes pilot review and retention of relevant information; (4) provide recommendations to improve the presentation of NOTAM information; and (5) report to Congress on its reviews and evaluations.

118 S66 IS: NOTAM Improvement Act of 2023 U.S. Senate 2023-01-25 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 118th CONGRESS 1st Session S. 66 IN THE SENATE OF THE UNITED STATES January 25, 2023 Ms. Klobuchar Mr. Moran Mrs. Capito Committee on Commerce, Science, and Transportation A BILL To establish a task force on improvements for notices to air missions, and for other purposes. 1. Short title This Act may be cited as the NOTAM Improvement Act of 2023 2. FAA Task Force on NOTAM Improvement (a) Establishment Not later than 180 days after the date of enactment of this Act, the Administrator of the Federal Aviation Administration shall establish a task force to be known as the FAA Task Force on NOTAM Improvement (in this section referred to as the Task Force (b) Composition The Task Force shall consist of members appointed by the Administrator, including at least one member of each of the following: (1) Air carrier representatives. (2) Airport representatives. (3) Labor union representatives of airline pilots. (4) Labor union representatives of aircraft dispatchers. (5) The labor union certified under section 7111 of title 5, United States Code, to represent FAA air traffic control specialists assigned to the United States NOTAMs Office. (6) The labor union certified under section 7111 of title 5, United States Code, to represent FAA aeronautical information specialists. (7) General and business aviation representatives. (8) Aviation safety experts with knowledge of NOTAMs. (9) Human factors experts. (10) Computer system architecture and cybersecurity experts. (c) Duties The duties of the Task Force shall include— (1) reviewing existing methods for presenting NOTAMs and flight operations information to pilots; (2) reviewing regulations and policies relating to NOTAMs, including their content and presentation to pilots; (3) evaluating and determining best practices to organize, prioritize, and present flight operations information in a manner that optimizes pilot review and retention of relevant information; and (4) providing recommendations for— (A) improving the presentation of NOTAM information in a manner that prioritizes or highlights the most important information, and optimizes pilot review and retention of relevant information; (B) ways to ensure that NOTAMs are complete, accurate, and contain the proper information; (C) any best practices that the FAA should consider to improve the accuracy and understandability of NOTAMs and the display of flight operations information; (D) ways to work with air carriers, other airspace users, and aviation service providers to implement solutions that are aligned with the recommendations under this paragraph; and (E) ensuring the stability, resiliency, and cybersecurity of the NOTAM computer system. (d) Report Not later than 1 year after the date of the establishment of the Task Force, the Task Force shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report detailing— (1) the results of the reviews and evaluations of the Task Force under paragraphs (1) through (3) of subsection (c); (2) the best practices identified and recommendations provided by the Task Force under subsection (c)(4); (3) any recommendations of the Task Force for additional regulatory or policy actions to improve the presentation of NOTAMs; and (4) the degree to which implementing the recommendations of the Task Force described under paragraph (2) will address National Transportation Safety Board Safety Recommendation A–18–024. (e) Applicable law The Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to the Task Force. (f) Sunset The Task Force shall terminate on the later of— (1) the date on which the Task Force submits the report required under subsection (d); or (2) the date that is 18 months after the date on which the Task Force is established under subsection (a). (g) Authority The Administrator shall have the authority to carry out the recommendations of the Task Force detailed in the report required under subsection (d). (h) Definitions In this section: (1) FAA The term FAA (2) NOTAM The term NOTAM

NOTAM Improvement Act of 2023

Water System Threat Preparedness and Resilience Act of 2023 This bill requires the Environmental Protection Agency (EPA) to create a program to support increased membership and involvement of certain smaller water utilities and water treatment works (e.g., wastewater systems) in the Water Information Sharing and Analysis Center (WaterISAC). As background, WaterISAC is a group of water and wastewater systems and associations that coordinate with the EPA and other federal agencies to collect and analyze data on water security and threats. WaterISAC also provides analysis and resources to support response, mitigation, and resilience initiatives. Under the bill, the EPA must develop a program to encourage and support WaterISAC membership by community water systems (e.g., public water systems that regularly serve at least 25 year-round residents) and water treatment works, offset membership dues for community water systems and water treatment works, cooperate and coordinate with WaterISAC to expand incident data collection and analysis of threats related to the water sector, and enhance WaterISAC's tools and resources for monitoring the water sector and increase the preparedness of community water systems and publicly owned water treatment works to identify and respond to malevolent acts or natural hazards.

118 S660 IS: Water System Threat Preparedness and Resilience Act of 2023 U.S. Senate 2023-03-06 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 118th CONGRESS 1st Session S. 660 IN THE SENATE OF THE UNITED STATES March 6, 2023 Mr. Markey Committee on Environment and Public Works A BILL To establish a program to increase drinking water and wastewater system threat preparedness and resilience, and for other purposes. 1. Short title This Act may be cited as the Water System Threat Preparedness and Resilience Act of 2023 2. Program establishment (a) Definitions In this section: (1) Community water system The term community water system 42 U.S.C. 300f (2) Natural hazard The term natural hazard 42 U.S.C. 300i–2(h) (3) Treatment works The term treatment works 33 U.S.C. 1292 (4) Water Information Sharing and Analysis Center The term Water Information Sharing and Analysis Center 42 U.S.C. 300i–4(d) (b) Establishment Not later than 1 year after the date of enactment of this Act, the Administrator of the Environmental Protection Agency shall develop and carry out a program— (1) to encourage, support, and maintain the participation of community water systems, treatment works, and other appropriate entities in the Water Information Sharing and Analysis Center; (2) to offset costs incurred by community water systems and treatment works that are necessary to maintain or initiate membership in the Water Information Sharing and Analysis Center; (3) to expand the cooperation and coordination of the Environmental Protection Agency with the Water Information Sharing and Analysis Center with respect to incident data collection and analysis of water sector-related threats; and (4) to enhance the tools, resources, and materials of the Water Information Sharing and Analysis Center for— (A) monitoring the status of the water sector; and (B) enhancing the preparedness of community water systems and publicly owned treatment works to identify, protect against, detect, respond to, and recover from malevolent acts (within the meaning of section 1433 of the Safe Drinking Water Act ( 42 U.S.C. 300i–2 (c) Authorization of appropriations There is authorized to be appropriated to carry out this section $10,000,000 for each of fiscal years 2024 and 2025, to remain available until expended.

Water System Threat Preparedness and Resilience Act of 2023

Crypto-Asset Environmental Transparency Act of 2023 This bill establishes greenhouse gas (GHG) emission reporting and related requirements for certain crypto-asset mining operations, such as facilities that mine Bitcoin. The bill directs the Environmental Protection Agency (EPA) to revise reporting requirements under the Greenhouse Gas Reporting Program to require crypto-asset mining operations that consume five megawatts of electricity or more to report their greenhouse gas emissions to the EPA. The EPA must also designate such operations as a source category of GHG emissions that is subject to greenhouse gas reporting requirements and related monitoring, recordkeeping, and reporting requirements.In addition, the EPA must request information from crypto-asset mining operations and assess the extent to which any operations are improperly operating without a valid and current permit under the Clean Air Act. The bill also expands the meaning of data center under the Energy Independence and Security Act of 2007 to include facilities in which two or more computers are mining crypto-assets. Thus, such facilities are included in the scope of energy efficiency programs for data centers under that act. Finally, the EPA must study the environmental impacts of crypto-asset mining.

118 S661 IS: Crypto-Asset Environmental Transparency Act of 2023 U.S. Senate 2023-03-06 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 118th CONGRESS 1st Session S. 661 IN THE SENATE OF THE UNITED STATES March 6, 2023 Mr. Markey Mr. Merkley Mr. Sanders Committee on Environment and Public Works A BILL To require an interagency study on the environmental and energy impacts of crypto-asset mining, to assess crypto-asset mining compliance with the Clean Air Act, and for other purposes. 1. Short title This Act may be cited as the Crypto-Asset Environmental Transparency Act of 2023 2. Definitions In this Act: (1) Administrator The term Administrator (2) Air pollutant The term air pollutant 42 U.S.C. 7602 (3) Block The term block (4) Blockchain The term blockchain (A) the data are shared across a network that creates a digital ledger of verified transactions or information among network participants; and (B) the data are typically linked using cryptography to maintain the integrity of the ledger and execute other functions, including transfer of ownership or value. (5) Consensus mechanism The term consensus mechanism (6) Crypto-asset The term crypto-asset (7) Crypto-asset mining The term crypto-asset mining (8) Power load The term power load (9) Qualifying crypto-asset mining operation The term qualifying crypto-asset mining operation (A) an individual crypto-asset mining facility that has a power load that is greater than or equal to 5 megawatts; or (B) multiple crypto-asset mining facilities that— (i) are owned by the same company; and (ii) (I) each have a power load that is less than 5 megawatts; but (II) have a cumulative power load that is greater than or equal to 5 megawatts. (10) Scope 1 emissions The term scope 1 emissions (11) Scope 2 emissions The term scope 2 emissions (12) Secretary The term Secretary 3. Compliance with the Clean Air Act (a) Rulemaking required (1) Proposed regulation Not later than 1 year after the date of enactment of this Act, the Administrator shall, pursuant to section 114(a) of the Clean Air Act ( 42 U.S.C. 7414(a) (A) to require qualifying crypto-asset mining operations to report as covered facilities under subpart A of that part; (B) to add a new subpart to that part that includes qualifying crypto-asset mining operations as a source category; (C) to include in the new subpart created under subparagraph (B) appropriate calculation methodologies, reporting guidelines, and monitoring operations of, with respect to qualifying crypto-asset mining operations, scope 1 emissions and scope 2 emissions; and (D) to designate the qualifying crypto-asset mining operations source category established pursuant to subparagraph (B) as a source category that is subject to greenhouse gas reporting requirements and related monitoring, recordkeeping, and reporting requirements under section 98.2 of that title, regardless of whether a qualifying crypto-asset mining operation emits at least 25,000 metric tons of carbon dioxide-equivalent. (2) Final Rule Not later than 180 days after the date on which the public comment period on the proposed rule under paragraph (1) closes, the Administrator shall issue a final rule revising part 98 of title 40, Code of Federal Regulations. (b) Assessment Not later than 1 year after the date on which the Administrator finalizes the rule required under subsection (a), the Administrator shall, pursuant to section 114(a) of the Clean Air Act ( 42 U.S.C. 7414(a) 42 U.S.C. 7401 et seq. (c) Authorization of appropriations There is authorized to be appropriated to the Administrator to carry out this section $5,000,000 for fiscal year 2023, to remain available until expended. (d) Savings provision Nothing in this section limits the ability of the Administrator to require the reporting of emissions of any type in another source category. 4. Impact study (a) In general Not later than 1 year after the date of enactment of this Act, the Administrator, in consultation with the Secretary, the Administrator of the Energy Information Administration, the Federal Energy Regulatory Commission, and the head of any other Federal agency the Administrator or the Secretary determines appropriate, shall conduct a study on the environmental impacts of crypto-asset mining in the United States. (b) Study Requirements The study required under subsection (a) shall include— (1) the number and location of any existing or planned qualifying crypto-asset mining operation; (2) the amount of greenhouse gas emissions and other air pollutants that are— (A) released by an onsite energy source; and (B) attributable to offsite-generated electricity, steam, heat, or cooling provided to a qualifying crypto-asset mining operation; (3) the anticipated increase of new, and expansion of existing, qualifying crypto-asset mining operations; (4) the potential impacts of electric energy consumption by qualifying crypto-asset mining operations, including by prolonging the use of fossil fuel generators, on the ability of the United States to achieve the greenhouse gas emission reductions necessary to keep global warming below 1.5 degrees Celsius compared to pre-industrial levels; (5) the ecological impacts, including ecological impacts associated with electronic waste generation and the use or discharge of cooling water, caused by qualifying crypto-asset mining operations; (6) the potential public health impacts due to the reduced air and water quality and increased water stress on communities near qualifying crypto-asset mining operations; (7) the potential public health impacts from greenhouse gas emissions released by qualifying crypto-asset mining operations; (8) the potential public health and ecological impacts from noise generated by qualifying crypto-asset mining operations; (9) the amount of electric energy consumed by each qualifying crypto-asset mining operation, including the time of use of electricity and the potential grid stress posed by the power load of the qualifying crypto-asset mining operation; (10) the source of electric energy consumed by each qualifying crypto-asset mining operation; (11) the aggregated energy-use statistics and greenhouse gas emissions statistics for qualifying crypto-asset mining operations in the United States; (12) an analysis of energy use and greenhouse gas emissions by type of consensus mechanism; (13) an analysis of demand-response programs negotiated between qualifying crypto-asset mining operations and electric utilities; (14) an analysis of potential rate-design measures that could be implemented by State and local regulators to reduce the energy consumption and dependence on fossil fuel energy sources of crypto-asset mining operations; (15) a geospatial assessment of the extent to which crypto-asset mining operations are located within environmental justice communities, as defined by the Administrator or within the Climate and Economic Justice Screening Tool of the Council on Environmental Quality; and (16) an identification of, and recommendations for, best practices for data types, data sources, and methodologies for accurately measuring, modeling, and tracking the environmental impacts of crypto-asset mining operations in the United States in the future. (c) Public Comment Before conducting the study required by subsection (a), the Administrator shall provide an opportunity for public comment and advice relevant to conducting the study. (d) Report to Congress Not later than 18 months after the date of enactment of this Act, the Administrator shall submit to the Committees on Energy and Commerce and Science, Space, and Technology of the House of Representatives and the Committees on Environment and Public Works and Energy and Natural Resources of the Senate, and publish on the public websites of the Environmental Protection Agency and the Department of Energy, a report that contains the results of the study required by subsection (a). (e) Authorization of Appropriations There is authorized to be appropriated to the Administrator to carry out this section $5,000,000 for fiscal year 2023, to remain available until expended. 5. Energy efficiency of data center buildings Section 453(a)(1) of the Energy Independence and Security Act of 2007 ( 42 U.S.C. 17112(a)(1) (1) in subparagraph (A), by striking ‘‘or’’ at the end after the semicolon; (2) in subparagraph (B), by striking the period at the end and inserting ‘‘; or’’; and (3) by adding at the end the following: (C) a facility in which 2 or more computers perform logical operations to mine or create crypto-asset (as defined in section 2 of the Crypto-Asset Environmental Transparency Act of 2023 .

Crypto-Asset Environmental Transparency Act of 2023

Sultana Steamboat Disaster Commemorative Coin Act of 2023 This bill directs the Department of the Treasury to mint and issue not more than 100,000 $5 gold coins, 500,000 $1 silver coins, and 750,000 half-dollar clad coins emblematic of the Sultana steamboat explosion that occured on April 27, 1865, on the Mississippi River. All surcharges received by Treasury from the sale of such coins must be paid to the Sultana Historical Preservation Society for the purpose of establishing, operating, and maintaining a museum.

118 S668 IS: Sultana Steamboat Disaster Commemorative Coin Act of 2023 U.S. Senate 2023-03-07 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 118th CONGRESS 1st Session S. 668 IN THE SENATE OF THE UNITED STATES March 7, 2023 Mr. Boozman Mr. Cotton Committee on Banking, Housing, and Urban Affairs A BILL To require the Secretary of the Treasury to mint coins to honor and memorialize the tragedy of the Sultana steamboat explosion of 1865. 1. Short title This Act may be cited as the Sultana Steamboat Disaster Commemorative Coin Act of 2023 2. Findings Congress finds the following: (1) On April 27, 1865, the Sultana, a Mississippi River paddlewheel steamboat, exploded killing nearly 1,200 of the 2,137 passengers and crew on board. Based on the number of recorded casualties, this event is the worst maritime disaster in United States history. (2) Those aboard the boat were mostly paroled Union soldiers recently released from the Confederate prisoner-of-war camps in Cahaba, Alabama, and Andersonville, Georgia. These men largely hailed from Ohio, Tennessee, Indiana, Michigan, Kentucky, and West Virginia. (3) The Sultana disaster was overshadowed by other major events surrounding the end of the American Civil War, including the assassination of President Abraham Lincoln on April 15, 1865, and subsequently, the killing of President Lincoln’s assassin, John Wilkes Booth, on April 26, 1865, just 1 day before the Sultana disaster. (4) The Sultana Historical Preservation Society now operates the Sultana Disaster Museum in Marion, Arkansas, with artifacts, stories, and exhibits that tell this story. Plans and fundraising are progressing for a much larger facility that can better acquire and preserve the Sultana history. 3. Coin specifications (a) Denominations In recognition and remembrance of the tragedy of the Sultana steamboat explosion of 1865, which is the greatest maritime disaster in United States history, the Secretary of the Treasury (hereinafter in this Act referred to as the Secretary (1) $5 gold coins Not more than 100,000 $5 coins, which shall— (A) weigh 8.359 grams; (B) have a diameter of 0.850 inches; and (C) contain not less than 90 percent gold. (2) $1 silver coins Not more than 500,000 $1 coins, which shall— (A) weigh 26.73 grams; (B) have a diameter of 1.500 inches; and (C) contain not less than 90 percent silver. (3) Half-dollar clad coins Not more than 750,000 half-dollar coins which shall— (A) weigh 11.34 grams; (B) have a diameter of 1.205 inches; and (C) be minted to the specifications for half-dollar coins contained in section 5112(b) of title 31, United States Code. (b) Legal tender The coins minted under this Act shall be legal tender, as provided in section 5103 of title 31, United States Code. (c) Numismatic items For purposes of sections 5134 and 5136 of title 31, United States Code, all coins minted under this Act shall be considered to be numismatic items. 4. Designs of coin (a) Design requirements The designs of the coins minted under this Act shall be emblematic of the historical significance of the Sultana disaster and the sacrifice of the many people of the United States who died and survived on April 27, 1865. (b) Designation and inscriptions On each coin minted under this Act, there shall be— (1) a designation of the value of the coin; (2) an inscription of the year 2023 (3) inscriptions of the words Liberty In God We Trust United States of America E Pluribus Unum (c) Selection The designs for the coins minted under this Act shall be— (1) selected by the Secretary after consultation with the Commission of Fine Arts; and (2) reviewed by the Citizens Coinage Advisory Committee. 5. Issuance of coins (a) Quality of coins Coins minted under this Act shall be issued in uncirculated and proof qualities. (b) Period of issuance The Secretary may issue coins minted under this Act only during the 1-year period beginning on January 1, 2023. 6. Sale of coins (a) Sale price The coins issued under this Act shall be sold by the Secretary at a price equal to the sum of— (1) the face value of the coins; (2) the surcharge provided in section 7(a) with respect to such coins; and (3) the cost of designing and issuing the coins (including labor, materials, dies, use of machinery, overhead expenses, marketing, and shipping). (b) Prepaid orders (1) In general The Secretary shall accept prepaid orders for the coins minted under this Act before the issuance of such coins. (2) Discount Sale prices with respect to prepaid orders under paragraph (1) shall be at a reasonable discount. (c) Marketing and educational campaign The Secretary shall develop and execute a marketing, promotion, and educational program to promote the collecting of the coins authorized under this Act. 7. Surcharges (a) In general All sales of coins issued under this Act shall include a surcharge of— (1) $35 per coin for the $5 coin; (2) $10 per coin for the $1 coin; and (3) $5 per coin for the half-dollar coin. (b) Distribution Subject to section 5134(f) of title 31, United States Code, all surcharges received by the Secretary from the sale of coins issued under this Act shall be promptly paid by the Secretary to the Sultana Historical Preservation Society for the purpose of establishing, operating, and maintaining a museum to tell the story of the Sultana, including— (1) constructing the museum facility; (2) creating, maintaining, and updating as necessary museum exhibits; (3) acquiring and preserving artifacts, memorabilia, and historic sites related to the Sultana disaster; and (4) maintaining an operational reserve fund for the purposes described in this subsection. (c) Audits The Sultana Historical Preservation Society shall be subject to the audit requirements of section 5134(f) of title 31, United States Code, with regard to the amounts received under subsection (b). (d) Limitation Notwithstanding subsection (a), no surcharge may be included with respect to the issuance under this Act of any coin during a calendar year if, as of the time of such issuance, the issuance of such coin would result in the number of commemorative coin programs issued during such year to exceed the annual 2 commemorative coin program issuance limitation under section 5112(m)(1) of title 31, United States Code (as in effect on the date of enactment of this Act). The Secretary may issue guidance to carry out this subsection. 8. Financial assurances The Secretary shall take such actions as may be necessary to ensure that— (1) minting and issuing coins under this Act will not result in any net cost to the United States Government; and (2) no funds, including applicable surcharges, are disbursed to the recipient designated in section 7 until the total cost of designing and issuing all of the coins authorized by this Act (including labor, materials, dies, use of machinery, overhead expenses, marketing, and shipping) is recovered by the United States Treasury, consistent with sections 5112(m) and 5134(f) of title 31, United States Code.

Sultana Steamboat Disaster Commemorative Coin Act of 2023

Increasing Mental Health Options Act of 2023 This bill provides for an additional payment for clinical psychologists under Medicare who provide services in designated health professional shortage areas. It also allows clinical psychologists to provide behavioral health services (in accordance with state law) for purposes of hospitalization services, home health services, and other services under Medicare.

118 S669 IS: Increasing Mental Health Options Act of 2023 U.S. Senate 2023-03-07 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 118th CONGRESS 1st Session S. 669 IN THE SENATE OF THE UNITED STATES March 7, 2023 Mr. Brown Ms. Collins Mr. Heinrich Mr. Mullin Committee on Finance A BILL To amend title XVIII of the Social Security Act to expand access to psychological and behavioral services. 1. Short title This Act may be cited as the Increasing Mental Health Options Act of 2023 2. Expanding eligibility for incentives to practice in rural and underserved areas Section 1833(m) of the Social Security Act ( 42 U.S.C. 1395l(m) (1) in paragraph (1)— (A) by inserting (A) In the case (B) by adding at the end the following new subparagraph: (B) In the case of services furnished by a clinical psychologist (as defined by the Secretary for purposes of section 1861(ii)) in a year (beginning with 2025) to an individual, who is covered under the insurance program established by this part and who incurs expenses for such services, in an area that is designated (under section 332(a)(1)(A) of the Public Health Service Act) as a health professional shortage area as identified by the Secretary prior to the beginning of such year, in addition to the amount otherwise paid under this part, there also shall be paid to the clinical psychologist (or to an employer or facility in the cases described in clause (A) of section 1842(b)(6)) (on a monthly or quarterly basis) from the Federal Supplementary Medical Insurance Trust Fund an amount equal to 10 percent of the payment amount for the service under this part ; and (2) in paragraph (2), by inserting or clinical psychologist physician 3. Eliminating unnecessary oversight and approval requirements for behavioral health services provided by clinical psychologists (a) Comprehensive Outpatient Rehabilitation Facilities Section 1835(a)(2)(E)(iii) of the Social Security Act ( 42 U.S.C. 1395n(a)(2)(E)(iii) , except that an individual receiving qualified psychologist services as described in section 1861(ii) may be under the care of a clinical psychologist with respect to such services to the extent authorized under State law (b) Skilled Nursing Facilities Section 1819(b) of such Act ( 42 U.S.C. 1395i–3(b) (1) in paragraph (5)(G), by inserting clinical psychologist, nurse practitioner, (2) in paragraph (6)(A), by inserting , except that a resident receiving qualified psychologist services as described in section 1861(ii) may be under the supervision of a clinical psychologist with respect to such services to the extent authorized under State law (c) Partial hospitalization services (1) Section 1835(a)(2)(F)(iii) of the Social Security Act ( 42 U.S.C. 1395n(a)(2)(F)(iii) , except that an individual receiving qualified psychologist services as described in section 1861(ii) may be under the care of a clinical psychologist with respect to such services to the extent authorized under State law (2) Section 1861(ff)(1) of such Act ( 42 U.S.C. 1395x(ff)(1) (or, in the case of qualified psychologist services, under the supervision of a clinical psychologist to the extent authorized under State law) under the supervision of a physician (d) Home health services (1) Section 1861(m) of such Act ( 42 U.S.C. 1395x(m) (A) in paragraph (6), by striking and (B) in paragraph (7), by inserting and (C) by inserting after paragraph (7) the following new paragraph: (8) an individual receiving qualified psychologist services may be under the care of a clinical psychologist with respect to such services to the extent authorized under State law; . (2) Section 1891(a)(3)(F) of such Act ( 42 U.S.C. 1395bbb(a)(3)(F) clinical psychologist, physician, (e) Inpatient psychiatric hospital services Section 1814(a)(2)(A) of such Act ( 42 U.S.C. 1395f(a)(2)(A) (or, in the case of qualified psychologist services, under the supervision of a clinical psychologist to the extent authorized under State law) under the supervision of a physician (f) Rule of construction In accordance with section 410.71(e) of title 42, Code of Federal Regulations (or any successor regulation), nothing in the provisions of, and amendments made by, this section shall be construed as changing or eliminating existing requirements regarding clinical consultation by clinical psychologists with a beneficiary’s physician, in accordance with accepted professional ethical norms and taking into consideration patient confidentiality. (g) Effective date The amendments made by this section shall apply to services furnished on or after January 1, 2025.

Increasing Mental Health Options Act of 2023

Fair and Transparent Gas Prices Act of 2023 This bill requires the Federal Trade Commission to investigate anticompetitive, collusive, or other conduct related to oil and gas companies and markets.

118 S67 IS: Fair and Transparent Gas Prices Act of 2023 U.S. Senate 2023-01-25 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 118th CONGRESS 1st Session S. 67 IN THE SENATE OF THE UNITED STATES January 25, 2023 Ms. Cortez Masto Mr. Luján Committee on Commerce, Science, and Transportation A BILL To require the Federal Trade Commission to conduct a study on conduct related to oil and gas prices, and for other purposes. 1. Short title This Act may be cited as the Fair and Transparent Gas Prices Act of 2023 2. FTC study on conduct related to oil and gas prices (a) Study The Federal Trade Commission (in this section referred to as the Commission 15 U.S.C. 46(b) (1) whether such oil and gas companies use their financial resources in a manner that would not expand or increase fuel supply, including by reducing investments in the production of fuel, engaging in stock buy backs, or any other conduct the Commission deems appropriate; and (2) whether such anti-competitive, collusive, or other conduct may— (A) result in inflated costs for consumers or be considered price gouging; (B) delay producing or delivering more fuel supply; (C) impact investment decisions that would contribute to additional fuel supply; or (D) restrict the availability, accessibility, or affordability of alternative fuels or vehicle technology. (b) Report (1) In general Not later than 1 year after the date of enactment of this Act, and annually thereafter for the following 2 years, the Commission shall submit to the appropriate committees of Congress a report containing the results of the study conducted under subsection (a), together with recommendations for such legislation and administrative action as the Commission determines appropriate or necessary to provide fair, competitive, and transparent costs and markets impacting consumers with respect to oil and gas. (2) Appropriate committees of Congress In this subsection, the term appropriate committees of Congress (A) the Committee on Commerce, Science, and Transportation of the Senate; (B) the Committee on Energy and Natural Resources of the Senate; (C) the Committee on Energy and Commerce of the House of Representatives; and (D) the Subcommittees on Financial Services and General Government of the Committees on Appropriations of the House of Representatives and the Senate. (c) Inapplicability of paperwork reduction act Chapter 35 Paperwork Reduction Act (d) Additional FTC resources (1) Additional personnel Notwithstanding any other provision of law, the Commission shall, without regard to the civil service laws (including regulations), appoint not more than 50 additional personnel, as necessary, for the purposes of carrying out the study and report required under this section. (2) Authorization of appropriations There are authorized to be appropriated to the Commission to carry out this section $15,000,000 for each of fiscal years 2024 and 2025.

Fair and Transparent Gas Prices Act of 2023

American Dream Employment Act of 2023 This bill permits the compensation of congressional employees who hold a current employment authorization document that was issued pursuant to a grant of (1) deferred action, including under the Deferred Action for Childhood Arrivals Program; (2) deferred enforced departure; or (3) temporary protected status. (Generally, these programs and statuses allow eligible aliens to remain and work in the United States.)

116 S672 IS: American Dream Employment Act of 2023 U.S. Senate 2023-03-07 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 118th CONGRESS 1st Session S. 672 IN THE SENATE OF THE UNITED STATES March 7, 2023 Ms. Cortez Masto Mr. Durbin Mr. Padilla Mr. Blumenthal Mr. Booker Ms. Warren Mr. Markey Mr. Sanders Mr. Murphy Mrs. Gillibrand Mrs. Feinstein Mr. Luján Mr. Hickenlooper Mr. Welch Mr. Whitehouse Mr. Warner Mrs. Murray Ms. Smith Mr. Menendez Mr. Bennet Mr. Wyden Mr. Merkley Mr. Kelly Mr. Brown Mr. Warnock Committee on Appropriations A BILL To enable the payment of certain officers and employees of the United States whose employment is authorized pursuant to a grant of deferred action, deferred enforced departure, or temporary protected status. 1. Short title This Act may be cited as the American Dream Employment Act of 2023 2. Certain Federal employees who are beneficiaries of deferred action, deferred enforced departure, or temporary protected status authorized to be paid Section 704 of title VII of division E of the Consolidated Appropriations Act, 2021 ( Public Law 116–260 (1) by striking eligible; or eligible; (2) by striking allegiance to the United States: allegiance to the United States; or (5) is a person who is employed by the House of Representatives or the Senate, and holds a current employment authorization document that was issued pursuant to a grant of deferred action, including under the Deferred Action for Childhood Arrivals Program of the Secretary of Homeland Security, established pursuant to the memorandum from the Secretary of Homeland Security entitled Exercising Prosecutorial Discretion with Respect to Individuals Who Came to the United States as Children 8 U.S.C. 1254a

American Dream Employment Act of 2023

GAO Database Modernization Act of 2023 This bill requires federal agencies to report to the Government Accountability Office certain information about agency rules that are made ineffective due to an agency action or other reason.

118 S679 ES: GAO Database Modernization Act of 2023 U.S. Senate text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. 118th CONGRESS 1st Session S. 679 IN THE SENATE OF THE UNITED STATES AN ACT To amend chapter 8 1. Short title This Act may be cited as the GAO Database Modernization Act of 2023 2. Rules no longer in effect (a) In general Section 801(a)(1) of title 5, United States Code, is amended by adding at the end the following: (D) For any rule submitted under subparagraph (A), if the Federal agency promulgating the rule, in whole or in part, revokes, suspends, replaces, amends, or otherwise makes the rule ineffective, or the rule is made ineffective for any other reason, the Federal agency shall submit to the Comptroller General a report containing— (i) the title of the rule; (ii) the Federal Register citation for the rule, if any; (iii) the date on which rule was submitted to the Comptroller General; and (iv) a description of the provisions of the rule that are being revoked, suspended, replaced, amended, or otherwise made ineffective. . (b) Sunset Effective on the date that is 6 years after the date of enactment of this Act, section 801(a)(1) of title 5, United States Code, is amended by striking subparagraph (D), as added by subsection (a). Passed the Senate December 18, 2023. Secretary

GAO Database Modernization Act of 2023

Facial Recognition and Biometric Technology Moratorium Act of 2023 This bill imposes limits on the use of biometric surveillance systems (such as facial recognition systems) by federal, state, and local government entities. A federal agency or official may not in an official capacity acquire, possess, or use in the United States any biometric surveillance system or information obtained by such a system unless Congress passes an act that specifically authorizes such a use. Such an act of Congress must contain certain provisions, such as provisions naming the specific authorized entity and auditing requirements relating to the system. Information obtained in violation of this bill shall not be admissible by the federal government in any proceeding or investigation, except in a proceeding alleging a violation of this bill. An individual aggrieved by a violation of these restrictions shall have the right to sue. Any state officer authorized to sue on behalf of the state's residents shall also have the right to sue on behalf of the state's aggrieved residents. A state or local government unit shall not receive certain federal law enforcement grants unless the government unit complies with a law or policy that is substantially similar to this bill's restrictions on acquiring and using biometric surveillance systems.

118 S681 IS: Facial Recognition and Biometric Technology Moratorium Act of 2023 U.S. Senate 2023-03-07 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 118th CONGRESS 1st Session S. 681 IN THE SENATE OF THE UNITED STATES March 7, 2023 Mr. Markey Mr. Merkley Ms. Warren Mr. Sanders Mr. Wyden Committee on the Judiciary A BILL To prohibit biometric surveillance by the Federal Government without explicit statutory authorization and to withhold certain Federal public safety grants from State and local governments that engage in biometric surveillance. 1. Short title This Act may be cited as the Facial Recognition and Biometric Technology Moratorium Act of 2023 2. Definitions In this Act: (1) Biometric surveillance system The term biometric surveillance system (2) Byrne grant program The term Byrne grant program 34 U.S.C. 10151 et seq. (3) Facial recognition The term facial recognition (A) assists in identifying an individual, capturing information about an individual, or otherwise generating or assisting in generating surveillance information about an individual based on the physical characteristics of the individual’s face; or (B) logs characteristics of an individual’s face, head, or body to infer emotion, associations, activities, or the location of an individual. (4) Federal official The term Federal official (5) In the united states The term in the United States (6) Other remote biometric recognition The term other remote biometric recognition (A) means an automated or semi-automated process that— (i) assists in identifying an individual, capturing information about an individual, or otherwise generating or assisting in generating surveillance information about an individual based on the characteristics of the individual’s gait or other immutable characteristic ascertained from a distance; (ii) uses voice recognition technology; or (iii) logs such characteristics to infer emotion, associations, activities, or the location of an individual; and (B) does not include identification based on fingerprints or palm prints. (7) Voice recognition technology The term voice recognition technology 3. Prohibition on Federal Government use of biometric surveillance (a) In general Except as provided in subsection (b), it shall be unlawful for any Federal agency or Federal official, in an official capacity, to acquire, possess, access, or use in the United States— (1) any biometric surveillance system; or (2) information derived from a biometric surveillance system operated by another entity. (b) Exception The prohibition set forth in subsection (a) does not apply to activities explicitly authorized by an Act of Congress that describes, with particularity— (1) the entities permitted to use the biometric surveillance system, the specific type of biometric authorized, the purposes for such use, and any prohibited uses; (2) standards for use and management of information derived from the biometric surveillance system, including data retention, sharing, access, and audit trails; (3) auditing requirements to ensure the accuracy of biometric surveillance system technologies, standards for minimum accuracy rates, and accuracy rates by gender, skin color, and age; (4) rigorous protections for due process, privacy, free speech and association, and racial, gender, and religious equity; and (5) mechanisms to ensure compliance with the provisions of the Act. (c) Judicial investigations and proceedings (1) Admissibility Except in a judicial investigation or proceeding alleging a violation of this section, information obtained in violation of this section is not admissible by the Federal Government in any criminal, civil, administrative, or other investigation or proceeding. (2) Cause of action (A) In general A violation of this section constitutes an injury to any individual aggrieved by a violation of this Act. (B) Right to sue An individual described in subparagraph (A) may institute proceedings against the Federal Government whose official is alleged to have violated this section for the relief described in subparagraph (D) in any court of competent jurisdiction. (C) Enforcement by state attorneys general The chief law enforcement officer of a State, or any other State officer authorized by law to bring actions on behalf of the residents of a State, may bring a civil action, as parens patriae, on behalf of the residents of that State in an appropriate district court of the United States to enforce this Act, whenever the chief law enforcement officer or other State officer has reason to believe that the interests of the residents of the State have been or are being threatened or adversely affected by a violation of this Act. (D) Relief In a civil action brought under subparagraph (B) in which the plaintiff prevails, the court may award— (i) actual damages; (ii) punitive damages; (iii) reasonable attorneys’ fees and costs; and (iv) any other relief, including injunctive relief, that the court determines to be appropriate. (d) Civil penalties Any Federal official who is found to have violated this section may be subject to retraining, suspension, termination, or any other penalty, as determined in an appropriate tribunal, subject to applicable due process requirements. (e) Federal funding (1) In general No Federal funds may be obligated or expended by a Federal law enforcement agency for the purchase or use of a biometric surveillance system. (2) Unallocated funds No Federal agency may use any unallocated funds appropriated to the agency for the purchase or use of a biometric surveillance system. (f) Rules of construction Nothing in this section may be construed— (1) to prohibit the National Institute of Standards and Technology (NIST) from testing or researching biometric surveillance systems or other remote biometric recognition technologies in commercial use; or (2) to preempt or supersede any Federal, State, or local law that imposes a more stringent limitation than the limitations described in this section. 4. Moratorium on State and local government use of biometric surveillance systems (a) Federal financial assistance Beginning on the first day of the first fiscal year beginning after the date of the enactment of this Act, a State or unit of local government is ineligible to receive Federal financial assistance under the Byrne grant program unless the State or unit of local government is complying with a law or policy that is substantially similar to the prohibition set forth in section 3(a). (b) Rule of construction Nothing in this section may be construed to preempt or supersede any Federal, State, or local law that imposes a more stringent limitation than the prohibition set forth in section 3(a).

Facial Recognition and Biometric Technology Moratorium Act of 2023

This Land Is Our Land Act This bill prohibits certain entities related to China or the Chinese government from acquiring, leasing, or owning any interest in U.S. agricultural land. Specifically, this prohibition applies to certain foreign individuals and entities with connections to China, including (1) a business incorporated in China; (2) a person, company, university, or organization that can legally enter into contracts, own properties, or pay taxes on behalf of the Chinese government; and (3) an individual or organization affiliated with the Chinese Communist Party. An entity must divest itself from any ownership or leased interest in U.S. agricultural land within two years of the bill's enactment. Further, within one year of enactment, an entity must sign a letter of intent to divest its interests in the land. Under the bill, U.S. agricultural land includes land in a U.S. state or territory that is used for (1) food processing; or (2) farming, ranching, or timber production, including currently idle land that was used within the previous five years for one of these purposes. The bill establishes civil and criminal penalties for violations and provides for property forfeiture and sale by public auction. The Department of Agriculture must establish an office to monitor compliance and impose civil fines. Finally, the bill nullifies any noncompete agreement between a covered foreign entity with an ownership or leased interest in U.S. agricultural land and an employee of the entity.

118 S684 IS: This Land Is Our Land Act U.S. Senate 2023-03-07 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 118th CONGRESS 1st Session S. 684 IN THE SENATE OF THE UNITED STATES March 7, 2023 Mr. Hawley Committee on Agriculture, Nutrition, and Forestry A BILL To prohibit the acquisition and ownership of agricultural land by certain foreign entities, and for other purposes. 1. Short title This Act may be cited as the This Land Is Our Land Act 2. Definitions In this Act: (1) Agricultural land (A) In general The term agricultural land (i) land used for farming, ranching, or timber production; (ii) land used for food processing; and (iii) land that— (I) is currently idle; and (II) was used within the previous 5 years for farming, ranching, or timber production. (B) Related definitions In subparagraph (A): (i) Farming, ranching, or timber production The term farming, ranching, or timber production (ii) Food processing The term food processing (2) Covered foreign entity The term covered foreign entity (A) a corporation that is incorporated in the People's Republic of China, including the Special Administrative Regions of China, including Hong Kong and Macau; (B) a person, business trust, business association, company, institution, government agency, university, partnership, limited liability company, corporation, or any other individual or organization that can legally enter into contracts, own properties, or pay taxes on behalf of the Government of the People's Republic of China; (C) an individual or organization affiliated with the Chinese Communist Party; (D) an entity owned or controlled by, or that performs activities on behalf of, an individual, organization, or person described in subparagraph (A), (B), or (C); and (E) an individual that is a member of the board of directors, an executive officer, or a senior official of a corporation or organization described in subparagraph (A), (B), (C), or (D). (3) Noncompete agreement The term noncompete agreement (A) Any work for another employer for a specified period of time. (B) Any work in a specified geographical area. (C) Any work for another employer that is similar to that employee’s work for the employer that is a party to that agreement. (4) Secretary The term Secretary (5) State The term State (6) Territory The term territory (A) the District of Columbia; (B) the Commonwealth of Puerto Rico; (C) the United States Virgin Islands; (D) Guam; (E) the Commonwealth of the Northern Mariana Islands; and (F) American Samoa. (7) United States agricultural land The term United States agricultural land 3. Prohibition of acquisition, leasing, or ownership of United States agricultural land by covered foreign entities (a) Prohibition of acquisition of agricultural land It shall be unlawful for a covered foreign entity— (1) to acquire any interest in United States agricultural land; or (2) to lease any interest in United States agricultural land. (b) Divestment requirement (1) In general Not later than 2 years after the date of enactment of this Act, a covered foreign entity that owns or leases an interest in United States agricultural land shall divest itself from any ownership or lease interests in United States agricultural land. (2) Letters of intent Not later than 1 year after the date of enactment of this Act, a covered foreign entity that owns or leases an interest in United States agricultural land shall sign a letter of intent to divest itself from any ownership or lease interests in United States agricultural land. (c) Penalty The Secretary shall fine a covered foreign entity that owns or leases an interest in United States agricultural land in violation of subsection (a) or (b) in an amount equal to $100 per acre per day that the covered entity owns or leases the interest in violation of subsection (a) or (b). (d) Criminal enforcement (1) Penalties A covered foreign entity that violates subsection (a) or (b) shall be fined under title 18, United States Code, imprisoned for not more than 5 years, or both. (2) Forfeiture (A) In general In an action brought by the Attorney General, any United States agricultural land owned in violation of subsection (a) or (b) shall be subject to forfeiture to the United States in accordance with chapter 46 (B) Public auction of forfeited land Notwithstanding section 981(e) of title 18, United States Code, the Attorney General shall sell through a public auction any United States agricultural land that is forfeited to the United States under this paragraph. (e) Nullification of agreements Notwithstanding any other provision of law, any noncompete agreement entered into between a covered foreign entity that owns or leases an interest in United States agricultural land and an employee of the covered foreign entity shall have no force or effect. (f) Implementation (1) In general Not later than 180 days after the date of enactment of this Act, the Secretary, in coordination with the Attorney General, shall issue guidance and regulations to implement this Act. (2) Office Not later than 180 days after the date of enactment of this Act, the Secretary shall establish an office within the Department of Agriculture for the purpose of— (A) monitoring compliance with this Act; and (B) imposing fines under subsection (c). (g) Investigative actions The Secretary may carry out such actions as the Secretary determines to be necessary to monitor compliance with this Act.

This Land Is Our Land Act

Taylor Force Martyr Payment Prevention Act of 2023 This bill expands the institutional factors the Department of the Treasury must consider when making a finding that a foreign financial institution is of primary money laundering concern and is therefore subject to special measures, including the prohibition of opening or maintaining correspondent accounts in U.S financial institutions. Specifically, Treasury must consider (1) the extent to which an institution knowingly provides financial services to Hamas, or to an agent of Hamas; and (2) the extent to which an institution, transaction, or type of account is used to facilitate or promote payments for certain acts of terrorism against U.S. and Israeli citizens.

118 S691 IS: Taylor Force Martyr Payment Prevention Act of 2023 U.S. Senate 2023-03-07 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 118th CONGRESS 1st Session S. 691 IN THE SENATE OF THE UNITED STATES March 7, 2023 Mr. Cotton Mrs. Blackburn Mr. Braun Mr. Cramer Mr. Cruz Mr. Daines Mr. Graham Mr. Grassley Mr. Hagerty Mr. Hoeven Mrs. Hyde-Smith Mr. Lankford Mr. Marshall Mr. Rubio Mr. Scott of Florida Mr. Thune Mr. Wicker Mr. Young Committee on Banking, Housing, and Urban Affairs A BILL To deter foreign financial institutions from providing banking services for the benefit of foreign terrorist organizations and from facilitating or promoting payments for acts of terrorism. 1. Short title This Act may be cited as the Taylor Force Martyr Payment Prevention Act of 2023 2. Findings; sense of Congress (a) Findings Congress makes the following findings: (1) Banks in nominally friendly jurisdictions evade United States anti-terrorism sanctions by avoiding an official presence in the United States, and continue to knowingly provide banking services, including dollar-denominated transactions, for terrorist organizations that target United States nationals for murder. (2) Such flouting of anti-terrorism financial regulations is only possible through the maintenance or use of correspondent accounts at United States banks for the benefit of terrorist organizations. (b) Sense of Congress It is the sense of Congress that under authority granted by section 5318A of title 31, United States Code, as amended by section 3, the Secretary of the Treasury should— (1) find foreign financial institutions that flout anti-terrorism financial regulations to be of primary money laundering concern; and (2) prohibit the maintenance or use of correspondent accounts in the United States by such institutions. 3. Consideration of facilitation of terrorism in designating institutions, accounts, and transactions as of primary money laundering concern Section 5318A(c)(2)(B) of title 31, United States Code, is amended— (1) in the matter preceding clause (i), by striking all 3 all of the preceding (2) in clause (ii), by striking ; and (3) by adding at the end the following: (iv) notwithstanding clause (ii), the extent to which such institutions knowingly provide, or cause other financial institutions to provide, financial services (including personal banking services) to the entity described in subsection (a) of section 594.319 of title 31, Code of Federal Regulations (or a successor regulation), or persons described in subsection (b) of that section; and (v) the extent to which such institutions, transactions, or types of accounts are used to facilitate or promote payments for acts of terrorism described in section 1004(a)(1)(B) of the Taylor Force Act ( 22 U.S.C. 2378c–1(a)(1)(B) .

Taylor Force Martyr Payment Prevention Act of 2023

Eliminating Executive Branch Insider Trading Act This bill prohibits specified executive branch officials and others from holding or trading certain investments (e.g., individual stocks and related financial instruments other than diversified investment funds or U.S. Treasury securities). Covered individuals include the President, the Vice President, each executive branch officer or employee at or above a specified pay grade, each member of a uniformed service at or above a specified pay grade, each officer or employee in any other position determined by the Office of Government Ethics to be of equal classification to such positions, and the spouse of any such individual. The prohibition does not apply to assets held in a qualified blind trust. Any profit made in violation of the prohibition must be disgorged to the Treasury and may subject the individual to a civil fine. The Department of Justice may bring a civil action in U.S. district court against any covered individual who violates this bill's prohibition. The Government Accountability Office, at specified intervals, must (1) audit compliance by a representative sample of covered individuals with this bill's requirements, and (2) report the results to the supervising ethics committees.

118 S693 IS: Eliminating Executive Branch Insider Trading Act U.S. Senate 2023-03-07 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 118th CONGRESS 1st Session S. 693 IN THE SENATE OF THE UNITED STATES March 7, 2023 Mr. Hawley Committee on Homeland Security and Governmental Affairs A BILL To amend chapter 131 1. Short title This Act may be cited as the Eliminating Executive Branch Insider Trading Act 2. Sense of Congress It is the sense of Congress that executive branch officials should not have a personal financial interest in the outcome of Government policy decisions. 3. Banning insider trading in the executive branch (a) In general Chapter 131 IV Banning insider trading in the executive branch 13161. Definitions In this subchapter: (1) Covered financial instrument (A) In general The term covered financial instrument (i) any investment in— (I) a security (as defined in section 3(a) of Securities Exchange Act of 1934 ( 15 U.S.C. 78c(a) (II) a security future (as defined in that section); or (III) a commodity (as defined in section 1a of the Commodity Exchange Act ( 7 U.S.C. 1a (ii) any economic interest comparable to an interest described in clause (i) that is acquired through synthetic means, such as the use of a derivative, including an option, warrant, or other similar means. (B) Exclusions The term covered financial instrument (i) a diversified mutual fund; (ii) a diversified exchange-traded fund; (iii) a United States Treasury bill, note, or bond; or (iv) compensation from the primary occupation of a covered individual who is a spouse or dependent of an individual described in subparagraphs (A) through (E) of paragraph (2). (2) Covered individual The term covered individual (A) the President; (B) the Vice President; (C) each officer or employee in the executive branch, including a special Government employee as defined in section 202 of title 18, who occupies a position classified GS–15 or above of the General Schedule or, in the case of positions not under the General Schedule, for which the rate of basic pay is equal to or greater than 120 percent of the minimum rate of basic pay payable for GS–15 of the General Schedule; (D) each member of a uniformed service whose pay grade is at or in excess of O–7 under section 201 of title 37; (E) each officer or employee in any other position determined by the Director of the Office of Government Ethics to be of equal classification to the positions described in subparagraphs (C) and (D); and (F) the spouse of any individual described in subparagraphs (A) through (E). (3) Qualified blind trust The term qualified blind trust (4) Supervising ethics committee The term supervising ethics committee (A) the Select Committee on Ethics of the Senate; and (B) the Committee on Ethics of the House of Representatives. 13162. Prohibition on certain transactions and holdings involving covered financial instruments (a) Prohibition Except as provided in subsection (b), covered individual, or any spouse of a covered individual, may not, during the term of service of the covered individual, hold, purchase, or sell any covered financial instrument. (b) Exceptions The prohibition under subsection (a) shall not apply to— (1) a sale by a covered individual, or a spouse of a covered individual, that is completed by the date that is— (A) for a covered individual serving on the date of enactment of the Eliminating Executive Branch Insider Trading Act (B) for any covered individual who commences service as a covered individual after the date of enactment of Eliminating Executive Branch Insider Trading Act (2) a covered financial instrument held in a qualified blind trust operated on behalf of, or for the benefit of, the covered individual or spouse of the covered individual. (c) Penalties (1) Disgorgement A covered individual shall disgorge to the Treasury of the United States any profit from a transaction or holding involving a covered financial instrument that is conducted in violation of this section. (2) Fines A covered individual who holds or conducts a transaction involving, or whose spouse holds or conducts a transaction involving, a covered financial instrument in violation of this section may be subject to a civil fine assessed by the Attorney General under section 13163. 13163. Civil penalties (a) Civil action The Attorney General may bring a civil action in any appropriate United States district court against any covered individual who violates any provision of section 13162. (b) Civil penalty The court in which any action is brought under subsection (a) may assess against a covered individual a civil penalty of not more than $10,000 or the amount of compensation, if any, that the covered individual received for the prohibited conduct, whichever is greater. 13164. Audit by Government Accountability Office Not later than 2 years after the date of enactment of the Eliminating Executive Branch Insider Trading Act (1) conduct an audit of the compliance by a representative sample of covered individuals with the requirements of this subchapter; and (2) submit to the supervising ethics committees a report describing the results of the audit conducted under paragraph (1). . (b) Clerical amendment The table of sections for chapter 131 SUBCHAPTER IV—Banning insider trading in Congress 13161. Definitions. 13162. Prohibition on certain transactions and holdings involving covered financial instruments. 13163. Civil penalties. 13164. Audit by Government Accountability Office. .

Eliminating Executive Branch Insider Trading Act

Modern, Clean, and Safe Trucks Act of 2023 This bill repeals the 12% excise tax on the retail sale of heavy trucks and trailers.

118 S694 IS: Modern, Clean, and Safe Trucks Act of 2023 U.S. Senate 2023-03-08 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 118th CONGRESS 1st Session S. 694 IN THE SENATE OF THE UNITED STATES March 8, 2023 Mr. Young Mr. Cardin Committee on Finance A BILL To amend the Internal Revenue Code of 1986 to repeal the excise tax on heavy trucks and trailers, and for other purposes. 1. Short title This Act may be cited as the Modern, Clean, and Safe Trucks Act of 2023 2. Findings Congress finds that— (1) the 12-percent Federal retail excise tax on certain new heavy trucks, tractors, and trailers, coupled with new regulatory mandates, significantly increases the cost of new heavy-duty trucks, tractors, and trailers and discourages the replacement of older, less environmentally clean and less fuel economical vehicles; (2) this 12-percent Federal retail excise tax is the highest percentage rate of any Federal ad valorem excise tax; (3) the Federal excise tax was first levied by Congress in 1917 to help finance America's involvement in World War I; (4) the 12-percent Federal retail excise tax routinely adds between $12,000 and $22,000 to the cost of a new heavy truck, tractor, or trailer; (5) nearly half of the Class 8 trucks on the road are over 10 years old and lack a decade of environmental and safety technological advancements; (6) from 2007 to 2020, new trucks have reduced carbon dioxide emissions by 202,000,000 tons, nitrogen oxide emissions by 27,000,000 tons, and saved 20,000,000,000 gallons of diesel and 472,000,000 barrels of crude oil; (7) an owner of a single Class 8 truck powered by the latest clean diesel engine can expect to save about 2,200 gallons of fuel each year compared to previous generations of technology; (8) since the late 1990s, cleaner fuel and advanced engines have combined to reduce nitrogen oxide (NO x (9) the Federal excise tax disproportionately impacts electric and alternative-fueled trucks, which currently have a higher up front cost, at a time when adoption of these technologies is needed to accelerate the transition to zero emission vehicles and the reduction of carbon pollution from transportation; (10) In 2020, there were approximately 1,300,000 United States manufacturing, supplier, dealership, and heavy-duty trucking and trailer related jobs; (11) since the Federal retail excise tax on certain new heavy trucks, tractors, and trailers is based on annual sales, receipts from the tax deposited in the Highway Trust Fund can vary greatly; (12) Congress should consider a more reliable and consistent revenue mechanism to fund the Highway Trust Fund; (13) Congress should advance the deployment of the most modern, clean, and safe trucks through eliminating the Federal excise tax on trucks; and (14) repealing the Federal excise tax would result in the replacement of older internal combustion engine trucks with new heavy duty trucks that employ the latest safety and environmental technologies. 3. Repeal of excise tax on heavy trucks and trailers (a) In general Chapter 31 (b) Conforming amendments (1) Section 4072(c) of such Code is amended to read as follows: (c) Tires of the type used on highway vehicles (1) In general For purposes of this part, the term tires of the type used on highway vehicles (A) motor vehicles which are highway vehicles, or (B) vehicles of the type used in connection with motor vehicles which are highway vehicles. (2) Exception for mobile machinery (A) In general Such term shall not include tires of a type used exclusively on mobile machinery. (B) Mobile machinery For purposes of subparagraph (A), the term mobile machinery (i) to which there has been permanently mounted (by welding, bolting, riveting, or other means) machinery or equipment to perform a construction, manufacturing, processing, farming, mining, drilling, timbering, or similar operation if the operation of the machinery or equipment is unrelated to transportation on or off the public highways, (ii) which has been specially designed to serve only as a mobile carriage and mount (and a power source, where applicable) for the particular machinery or equipment involved, whether or not such machinery or equipment is in operation, and (iii) which, by reason of such special design, could not, without substantial structural modification, be used as a component of a vehicle designed to perform a function of transporting any load other than that particular machinery or equipment or similar machinery or equipment requiring such a specially designed chassis. . (2) Section 4221 of such Code is amended— (A) in subsection (a)— (i) by striking (or under subchapter C of chapter 31 on the first retail sale) (ii) by striking 4051 or (B) in subsection (c), by striking and in the case of any article sold free of tax under section 4053(6), (C) in subsection (d)(1), by striking , and, in the case of the taxes imposed by subchapter C of chapter 31, includes the retailer with respect to the first retail sale (3) Section 4222(d) of such Code is amended by striking 4053(6), (4) Section 4293 of such Code is amended by striking section 4051, (5) Section 4483(g) of such Code is amended by striking section 4053(8) section 4072(c)(2) (6) Section 6416(b)(2) of such Code is amended by striking or under section 4051 (7) Section 6416(b) of such Code is amended by striking paragraph (6). (8) Section 9503(b)(1) of such Code is amended by striking subparagraph (B) and by redesignating subparagraphs (C), (D), and (E) as subparagraphs (B), (C), and (D), respectively. (c) Effective date The amendments made by this section shall apply to sales and installations on or after the date of the introduction of this Act.

Modern, Clean, and Safe Trucks Act of 2023

Border Safety and Security Act of 2023 This bill requires the Department of Homeland Security (DHS) to suspend the entry of certain non-U.S. nationals (aliens under federal law) during any period when DHS cannot detain such an individual or return the individual to a foreign country contiguous to the United States. Specifically, DHS must suspend the entry of non-U.S. nationals who (1) are unlawfully present, (2) arrive in the United States at a time or place other than as designated by DHS, or (3) do not possess valid entry documents. A state may sue DHS to enforce this requirement. The bill also authorizes DHS to suspend the entry of such non-U.S. nationals if DHS determines that such a suspension is necessary to achieve operational control over such a border. (Under current law, such non-U.S. nationals who arrive at the border are generally subject to expedited removal. However, if such an individual is found to have a credible fear of persecution, they are typically subject to detention while their asylum claim is being considered.)

118 S696 IS: Border Safety and Security Act of 2023 U.S. Senate 2023-03-08 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 118th CONGRESS 1st Session S. 696 IN THE SENATE OF THE UNITED STATES March 8, 2023 Mr. Tuberville Mrs. Britt Mr. Vance Mrs. Blackburn Mr. Lee Committee on the Judiciary A BILL To authorize the Secretary of Homeland Security to suspend the entry of aliens in order to achieve operational control of the border, and for other purposes. 1. Short title This Act may be cited as the Border Safety and Security Act of 2023 2. Suspension of entry of aliens (a) Definitions In this section: (1) In general Except as otherwise provided, the terms used in this section have the meanings given such terms in section 101 of the Immigration and Nationality Act ( 8 U.S.C. 1101 (2) Covered alien The term covered alien 8 U.S.C. 1182(a) (3) Operational control The term operational control 8 U.S.C. 1701 (b) Authority To suspend entry of aliens at borders of the United States Notwithstanding any other provision of law, if the Secretary of Homeland Security determines, in the discretion of the Secretary, that the suspension of the entry of covered aliens at an international land or maritime border of the United States is necessary in order to achieve operational control over such border, the Secretary may prohibit, in whole or in part, the entry of covered aliens at such border for such period as the Secretary determines is necessary for such purpose. (c) Required suspension of entry of aliens Notwithstanding any other provision of law, the Secretary of Homeland Security shall prohibit the entry of covered aliens for any period during which the Secretary cannot— (1) detain such covered aliens in accordance with section 235(b)(1)(B) of the Immigration and Nationality Act ( 8 U.S.C. 1225(b)(1)(B) (2) place such covered aliens in a program consistent with section 235(b)(2)(C) of the Immigration and Nationality Act ( 8 U.S.C. 1225(b)(2)(C) (d) Enforcement by State Attorneys General The attorney general of a State, or another authorized State officer, alleging a violation of a subsection (c) that affects such State or its residents, may bring an action against the Secretary of Homeland Security on behalf of the residents of such State in an appropriate United States district court to obtain appropriate injunctive relief.

Border Safety and Security Act of 2023

Tribal Trust Land Homeownership Act of 2023 This bill sets forth requirements for the processing of a proposed residential leasehold mortgage, business leasehold mortgage, land mortgage, or right-of-way document by the Bureau of Indian Affairs (BIA). The BIA must notify lenders upon receipt of such documentation, perform a preliminary review of such documents not later than 10 days after receipt, and approve or disapprove of such documents within 20 or 30 days, depending on the type of application. Additionally, the bill sets forth requirements for the BIA regarding (1) response times for the completion of certified title status reports, (2) notification of delays in processing, and (3) the form of notices and delivery of certain reports. The bill also provides relevant federal agencies and Indian tribes with read-only access to the Trust Asset and Accounting Management System maintained by the BIA. The Government Accountability Office must report on digitizing documents for the purpose of streamlining and expediting the completion of mortgage packages for residential mortgages on Indian land. Finally, the bill establishes within the BIA's Division of Real Estate Services the position of Realty Ombudsman.

118 S70 ES: Tribal Trust Land Homeownership Act of 2023 U.S. Senate text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. 118th CONGRESS 1st Session S. 70 IN THE SENATE OF THE UNITED STATES AN ACT To require the Bureau of Indian Affairs to process and complete all mortgage packages associated with residential and business mortgages on Indian land by certain deadlines, and for other purposes. 1. Short title This Act may be cited as the Tribal Trust Land Homeownership Act of 2023 2. Definitions In this Act: (1) Applicable Bureau office The term applicable Bureau office (A) a Regional office of the Bureau; (B) an Agency office of the Bureau; or (C) a Land Titles and Records Office of the Bureau. (2) Bureau The term Bureau (3) Director The term Director (4) First certified title status report The term first certified title status report (5) Indian land The term Indian land (6) Land mortgage The term land mortgage (A) home acquisition; (B) home construction; (C) home improvements; or (D) economic development. (7) Leasehold mortgage The term leasehold mortgage (8) Mortgage package The term mortgage package (9) Relevant Federal agency The term relevant Federal agency (A) The Department of Agriculture. (B) The Department of Housing and Urban Development. (C) The Department of Veterans Affairs. (10) Right-of-way document The term right-of-way document (11) Subsequent certified title status report The term subsequent certified title status report 3. Mortgage review and processing (a) Review and processing deadlines (1) In general As soon as practicable after receiving a proposed residential leasehold mortgage, business leasehold mortgage, land mortgage, or right-of-way document, the applicable Bureau office shall notify the lender that the proposed residential leasehold mortgage, business leasehold mortgage, or right-of-way document has been received. (2) Preliminary review (A) In general Not later than 10 calendar days after receipt of a proposed residential leasehold mortgage, business leasehold mortgage, land mortgage, or right-of-way document, the applicable Bureau office shall conduct and complete a preliminary review of the residential leasehold mortgage, business leasehold mortgage, land mortgage, or right-of-way document to verify that all required documents are included. (B) Incomplete documents As soon as practicable, but not more than 2 calendar days, after finding that any required documents are missing under subparagraph (A), the applicable Bureau office shall notify the lender of the missing documents. (3) Approval or disapproval (A) Leasehold mortgages Not later than 20 calendar days after receipt of a complete executed residential leasehold mortgage or business leasehold mortgage, proof of required consents, and other required documentation, the applicable Bureau office shall approve or disapprove the residential leasehold mortgage or business leasehold mortgage. (B) Right-of-way documents Not later than 30 calendar days after receipt of a complete executed right-of-way document, proof of required consents, and other required documentation, the applicable Bureau office shall approve or disapprove the right-of-way document. (C) Land Mortgages Not later than 30 calendar days after receipt of a complete executed land mortgage, proof of required consents, and other required documentation, the applicable Bureau office shall approve or disapprove the land mortgage. (D) Requirements The determination of whether to approve or disapprove a residential leasehold mortgage or business leasehold mortgage under subparagraph (A), a right-of-way document under subparagraph (B), or a land mortgage under subparagraph (C)— (i) shall be in writing; and (ii) in the case of a determination to disapprove a residential leasehold mortgage, business leasehold mortgage, right-of-way document, or land mortgage shall, state the basis for the determination. (E) Application This paragraph shall not apply to a residential leasehold mortgage or business leasehold mortgage with respect to Indian land in cases in which the applicant for the residential leasehold mortgage or business leasehold mortgage is an Indian tribe (as defined in subsection (d) of the first section of the Act of 1955 (69 Stat. 539, chapter 615; 126 Stat. 1150; 25 U.S.C. 415(d) 25 U.S.C. 415(h) (4) Certified title status reports (A) Completion of reports (i) In general Not later than 10 calendar days after the applicable Bureau office approves a residential leasehold mortgage, business leasehold mortgage, land mortgage, or right-of-way document under paragraph (3), the applicable Bureau office shall complete the processing of, as applicable— (I) a first certified title status report, if a first certified title status report was not completed prior to the approval of the residential leasehold mortgage, business leasehold mortgage, land mortgage, or right-of-way document; and (II) a subsequent certified title status report. (ii) Requests for first certified title status reports Notwithstanding clause (i), not later than 14 calendar days after the applicable Bureau office receives a request for a first certified title status report from an applicant for a residential leasehold mortgage, business leasehold mortgage, land mortgage, or right-of-way document under paragraph (1), the applicable Bureau office shall complete the processing of the first certified title status report. (B) Notice (i) In general As soon as practicable after completion of the processing of, as applicable, a first certified title status report or a subsequent certified title status report under subparagraph (A), but by not later than the applicable deadline described in that subparagraph, the applicable Bureau office shall give notice of the completion to the lender. (ii) Form of notice The applicable Bureau office shall give notice under clause (i)— (I) electronically through secure, encryption software; and (II) through the United States mail. (iii) Option to opt out The lender may opt out of receiving notice electronically under clause (ii)(I). (b) Notices (1) In general If the applicable Bureau office does not complete the review and processing of mortgage packages under subsection (a) (including any corresponding first certified title status report or subsequent certified title status report under paragraph (4) of that subsection) by the applicable deadline described in that subsection, immediately after missing the deadline, the applicable Bureau office shall provide notice of the delay in review and processing to— (A) the party that submitted the mortgage package or requested the first certified title status report; and (B) the lender for which the mortgage package (including any corresponding first certified title status report or subsequent certified title status report) is being requested. (2) Requests for updates In addition to providing the notices required under paragraph (1), not later than 2 calendar days after receiving a relevant inquiry with respect to a submitted mortgage package from the party that submitted the mortgage package or the lender for which the mortgage package (including any corresponding first certified title status report or subsequent certified title status report) is being requested or an inquiry with respect to a requested first certified title status report from the party that requested the first certified title status report, the applicable Bureau office shall respond to the inquiry. (c) Delivery of first and subsequent certified title status reports Notwithstanding any other provision of law, any first certified title status report and any subsequent certified title status report, as applicable, shall be delivered directly to— (1) the lender; (2) any local or regional agency office of the Bureau that requests the first certified title status report or subsequent certified title status report; (3) in the case of a proposed residential leasehold mortgage or land mortgage, the relevant Federal agency that insures or guarantees the loan; and (4) if requested, any individual or entity described in section 150.303 of title 25, Code of Federal Regulations (as in effect on the date of enactment of this Act). (d) Access to trust asset and accounting management system Beginning on the date of enactment of this Act, the relevant Federal agencies and Indian Tribes shall have read-only access to the Trust Asset and Accounting Management System maintained by the Bureau. (e) Annual report (1) In general Not later than March 1 of each calendar year, the Director shall submit to the Committee on Indian Affairs of the Senate and the Committee on Natural Resources of the House of Representatives a report describing— (A) for the most recent calendar year, the number of requests received to complete residential leasehold mortgage packages, business leasehold mortgage packages, land mortgage packages, and right-of-way document packages (including any requests for corresponding first certified title status reports and subsequent certified title status reports), including a detailed description of— (i) requests that were and were not successfully completed by the applicable deadline described in subsection (a) by each applicable Bureau office; and (ii) the reasons for each applicable Bureau office not meeting any applicable deadlines; and (B) the length of time needed by each applicable Bureau office during the most recent calendar year to provide the notices required under subsection (b)(1). (2) Requirement In submitting the report required under paragraph (1), the Director shall maintain the confidentiality of personally identifiable information of the parties involved in requesting the completion of residential leasehold mortgage packages, business leasehold mortgage packages, land mortgage packages, and right-of-way document packages (including any corresponding first certified title status reports and subsequent certified title status reports). (f) GAO study Not later than 1 year after the date of enactment of this Act, the Comptroller General of the United States shall submit to the Committee on Indian Affairs of the Senate and the Committee on Natural Resources of the House of Representatives a report that includes— (1) an evaluation of the need for residential leasehold mortgage packages, business leasehold mortgage packages, land mortgage packages, and right-of-way document packages of each Indian Tribe to be digitized for the purpose of streamlining and expediting the completion of mortgage packages for residential mortgages on Indian land (including the corresponding first certified title status reports and subsequent certified title status reports); and (2) an estimate of the time and total cost necessary for Indian Tribes to digitize the records described in paragraph (1), in conjunction with assistance in that digitization from the Bureau. 4. Establishment of Realty Ombudsman position (a) In general The Director shall establish within the Division of Real Estate Services of the Bureau the position of Realty Ombudsman, who shall report directly to the Secretary of the Interior. (b) Functions The Realty Ombudsman shall— (1) ensure that the applicable Bureau offices are meeting the mortgage review and processing deadlines established by section 3(a); (2) ensure that the applicable Bureau offices comply with the notices required under subsections (a) and (b) of section 3; (3) serve as a liaison to other Federal agencies, including by— (A) ensuring the Bureau is responsive to all of the inquiries from the relevant Federal agencies; and (B) helping to facilitate communications between the relevant Federal agencies and the Bureau on matters relating to mortgages on Indian land; (4) receive inquiries, questions, and complaints directly from Indian Tribes, members of Indian Tribes, and lenders in regard to executed residential leasehold mortgages, business leasehold mortgages, land mortgages, or right-of-way documents; and (5) serve as the intermediary between the Indian Tribes, members of Indian Tribes, and lenders and the Bureau in responding to inquiries and questions and resolving complaints. Passed the Senate July 18, 2023. Secretary

Tribal Trust Land Homeownership Act of 2023

Vote at Home Act of 2023 This bill expands voting by mail in federal elections and provides for automatic voter registration through state motor vehicle authorities. Specifically, the bill prohibits states from imposing additional conditions or requirements on the eligibility of individuals to cast ballots by mail in federal elections, except states may impose a deadline for returning a ballot. Further, states must mail ballots to individuals registered to vote in a federal election not later than two weeks before the election. In addition, the U.S. Postal Service must carry ballots for federal elections expeditiously and free of postage. Finally, the bill provides for automatic voter registration of individuals through state motor vehicle authorities.

118 S700 IS: Vote at Home Act of 2023 U.S. Senate 2023-03-15 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 118th CONGRESS 1st Session S. 700 IN THE SENATE OF THE UNITED STATES March 8, 2023 Mr. Wyden Mr. Schatz Mr. Markey Mrs. Feinstein Mr. Van Hollen Mr. Booker Ms. Warren Mr. Blumenthal Ms. Cantwell Mr. Carper Mr. Murphy Mr. Whitehouse Ms. Baldwin Mr. Welch Mr. Brown Mr. Merkley Committee on Rules and Administration A BILL To amend the Help America Vote Act of 2002 to allow all eligible voters to vote by mail in Federal elections, to amend the National Voter Registration Act of 1993 to provide for automatic voter registration. 1. Short title This Act may be cited as the Vote at Home Act of 2023 2. Findings Congress finds the following: (1) An inequity of voting rights exists in the United States because voters in some States have the universal right to vote by mail while voters in other States do not. (2) Many voters often have work, family, or other commitments that make getting to polls and waiting in line on the date of an election difficult or impossible. Many citizens with disabilities are physically unable to vote due to long lines, inadequate parking, no curb cuts, steep ramps, and large crowds. In 2012, 30 percent of voters with disabilities had difficulty voting, and in 2016, nearly two-thirds of the 137 polling places inspected on election day had at least one impediment to people with disabilities. However, with expanded access to mail-in ballots, people with disabilities made large gains in 2020 with a historic voter turnout surge. (3) In 2020, despite a global pandemic, the general election saw record high turnout as a result of increased vote by mail options, which allowed voters to cast a ballot and stay safe at the same time. (4) Thirty-four States and the District of Columbia allow universal absentee voting (also known as no-excuse (5) Five States currently hold elections entirely by mail. Eight States proactively send all registered voters a ballot to be submitted by mail or dropped off at a designated location. At least 22 States currently allow some elections to be conducted by mail, especially in large and rural jurisdictions where voting by mail is especially convenient. Polling stations in rural jurisdictions tend to have higher costs per voter, smaller staffs, and limited resources. Transportation is often a crucial barrier for rural voters. (6) In 2020, in order to provide greater accessibility and to protect the public health, 30 States adopted or changed their laws for the general election to allow voters to cast their ballots from home. These changes included removing strict excuse requirements, allowing COVID–19 concerns to be a valid excuse to vote absentee, allowing ballot drop boxes, offering prepaid postage on election mail, and proactively sending all active registered voters applications to request an absentee ballot—with some States even skipping that step and sending the actual ballots. (7) Voting by mail gives voters more time to consider their choices, which is especially important as many ballots contain greater numbers of questions about complex issues than in the past due to the expanded use of the initiative and referendum process in many States. (8) Voting by mail is cost effective. After the State of Oregon adopted vote by mail for all voters in 1996, the cost to administer an election in the State dropped by nearly 30 percent over the next few elections, from $3.07 per voter to $2.21 per voter. After Colorado implemented all-mail balloting in 2013, voting administration costs decreased by an average of 40 percent. The cost of conducting vote-by-mail elections is generally one-third to one-half less than conducting polling place elections. Voting by mail also saves a substantial amount by getting rid of the temporary labor costs of hiring poll workers. In addition to that cost, many jurisdictions have been facing difficulty in obtaining sufficient numbers of poll workers. (9) Allowing all voters the option to vote by mail can reduce waiting times for those voters who choose to vote at the polls. In 2016, voters in Arizona reported waiting in line from 1 to 5 hours to vote; in New York, voters reported that stations ran out of ballots and did not have staff during all of the hours scheduled for voting. (10) Voting by mail is preferable to many voters as an alternative to going to the polls. In 2020, 43.2 percent of ballots in the United States were cast by mail, up from 10 percent in 2000. Voting by mail has become increasingly popular with voters who want to be certain that they are able to vote no matter what comes up on election day, as it reduces the physical obstacles and eases the time constraints connected with the act of voting. (11) Despite attempts to claim that voting by mail is susceptible to fraud, it is not. Strategies such as tracking systems for ballots and postal service cooperation in preventing ballots from being delivered to names not recognized as receiving mail at an address nearly eliminate the potential for fraud in vote by mail elections. Evidence of undue influence or voter coercion after vote-by-mail implementation in Oregon has been nonexistent to minimal. (12) Many of the reasons which voters in many States are required to provide in order to vote by mail require the revelation of personal information about health, travel plans, or religious activities, which violate voters’ privacy while doing nothing to prevent voter fraud. (13) State laws which require voters to obtain a notary signature to vote by mail only add cost and inconvenience to voters without increasing security. (14) Many voters choose to cast ballots early when they have the option (over 50 percent in Arizona, Arkansas, California, Colorado, Florida, Georgia, Hawaii, Montana, Nevada, New Mexico, North Carolina, Oregon, Tennessee, Texas, Utah, and Washington). Approximately 70 percent of voters in the 2020 election cast their ballot before election day. In Oregon, 7 years after vote-by-mail election implementation, over 80 percent of voters favored the vote-by-mail system. (15) Vote-by-mail typically increases turnout in all elections, but can be particularly effective in increasing voter participation in special elections and primary elections. Oregon, Washington, and Colorado, 3 of the 5 States with entirely vote by mail elections, continue to have consistently high voter turnout rates. In 2020, the presidential election turnout was about 7 percentage points higher than in 2016, and turnout rates increased in every State compared with 2016. In the 10 States where it rose the most, 7 conducted their vote entirely or mostly by mail, with 6 of those States having recently adopted all-mail voting, either permanently (Utah and Hawaii) or for the 2020 election only. (16) A crucial component of a modern voting system is making it easy, affordable, and accessible to register to vote. Twenty-two States and the District of Columbia have enacted automatic voter registration policies, with Oregon and California becoming the first to automatically register their citizens to vote when they apply for a driver’s license. Automatic, permanent voter registration has the potential to increase participation, protect election integrity, and reduce registration costs. 3. Promoting ability of voters to vote by mail in Federal elections (a) Voting by mail in Federal elections (1) In general Subtitle A of title III of the Help America Vote Act of 2002 ( 52 U.S.C. 21081 et seq. 303A. Promoting ability of voters to vote by mail (a) In general If an individual in a State is eligible to cast a vote in an election for Federal office, the State may not impose any additional conditions or requirements on the eligibility of the individual to cast the vote in such election by mail, except to the extent that the State imposes a deadline for returning the ballot to the appropriate State or local election official. (b) Provision of ballot materials Not later than 2 weeks before the date of any election for Federal office, each State shall mail ballots to individuals who are registered to vote in such election. (c) Accessibility for individuals with disabilities All ballots provided under this section shall be accessible to individuals with disabilities in a manner that provides the same opportunity for access and participation (including for privacy and independence) as for other voters. (d) Rule of Construction Nothing in this section shall be construed to affect the authority of States to conduct elections for Federal office through the use of polling places at which individuals cast ballots. (e) Effective Date A State shall be required to comply with the requirements of subsection (a) with respect to elections for Federal office held in years beginning with 2024. . (2) Conforming Amendment Relating to Enforcement Section 401 of such Act ( 52 U.S.C. 21111 and 303 303, and 303A (3) Clerical Amendment The table of contents for such Act is amended by inserting after the item relating to section 303 the following new item: Sec. 303A. Promoting ability of voters to vote by mail. . (b) Free postage for voting by mail (1) In general Chapter 34 3407. Ballots provided for voting in Federal elections The following shall be carried expeditiously and free of postage: (1) Blank ballots mailed pursuant to section 303A(b) of the Help America Vote Act of 2002 (individually or in bulk). (2) Any ballot described in paragraph (1) that is completed by a voter and mailed by the voter to an election official for counting. . (2) Technical and conforming amendments (A) Table of sections The table of sections for chapter 34 3407. Ballots provided for voting in Federal elections. . (B) Authorization of appropriations Section 2401(c) of title 39, United States Code, is amended by striking 3403 through 3406 3403 through 3407 4. Automatic voter registration through State motor vehicle authorities (a) Automatic Voter Registration Section 5 of the National Voter Registration Act of 1993 ( 52 U.S.C. 20504 5. Voter registration through motor vehicle authority (a) Simultaneous application for voter registration and application for motor vehicle driver’s license (1) Transmission of information to election officials Each State’s motor vehicle authority, upon receiving any of the identifying information described in paragraph (2) with respect to any applicable individual, shall securely transmit the identifying information to the appropriate State election official. (2) Identifying information described The identifying information described in this paragraph with respect to any individual is as follows: (A) The individual’s legal name. (B) The individual’s age. (C) The individual’s residence. (D) The individual’s citizenship status. (E) The individual’s electronic signature. (b) Duties of officials receiving information (1) In general Upon receiving the identifying information with respect to an applicable individual under subsection (a), the appropriate State election official shall determine— (A) whether such individual is eligible to vote in an election for Federal office; and (B) whether such individual is currently registered to vote in elections for Federal office at the address provided in such identifying information. (2) Notification to Individuals (A) Eligible unregistered individuals In the case of an applicable individual who is eligible to vote in an election for Federal office and who is not currently registered to vote, the appropriate State election official shall issue a notification to the individual containing— (i) a statement that, unless the individual notifies the election official prior to the expiration of the 21-calendar-day period which begins on the date the official issued the notification that the individual declines to be registered to vote in elections for Federal office held in the State, the individual's records and signature will constitute a completed registration for the individual; and (ii) a description of the process by which the individual may decline to be registered to vote in elections for Federal office in the State. (B) Eligible individuals registered at a different address In the case of an applicable individual who is eligible to vote in an election for Federal office and who is registered to vote in such election at a different address than the address provided in the identifying information, the appropriate State election official shall issue a notification to the individual containing— (i) a statement that, unless the individual notifies the election official prior to the expiration of the 21-calendar-day period which begins on the date the official issued the notification that the address provided in the identifying information should not be used for voter registration purposes, the address provided in the identifying information shall be used as the individual's address for voter registration purposes; and (ii) a description of the process by which the individual may decline a change of address for voter registration purposes. (c) Automatic Registration of Eligible Individuals; automatic change of address (1) Registration Upon the expiration of the 21-calendar-day period which begins on the date the appropriate State election official issues a notification to an individual under subsection (b)(2)(A), the official shall ensure that the individual is registered to vote in elections for Federal office held in the State unless— (A) the official later determines that the individual does not meet the eligibility requirements for registering to vote in such elections; or (B) prior to the expiration of such 21-calendar-day period, the individual notifies the official that the individual declines to be registered to vote in such elections. (2) Change of address Upon the expiration of the 21-calendar-day period which begins on the date the appropriate State election official issues a notification to an individual under subsection (b)(2)(B), the official shall ensure that the individual is registered to vote in elections for Federal office at the address provided in the identifying information unless— (A) the official later determines that the individual does not meet the eligibility requirements for registering to vote in such elections; or (B) prior to the expiration of such 21-calendar-day period, the individual notifies the official that the individual declines a change of address for voter registration purposes. (d) Applicable individual For purposes of this section, the term applicable individual . (b) Conforming Amendment Relating to Timing of Registration Prior to Elections Section 8(a)(1)(A) of such Act ( 52 U.S.C. 20507(a)(1)(A) (A) in the case of registration through a motor vehicle authority under section 5, if the identifying information with respect to the individual is transmitted by the authority to the appropriate State election official under section 5(a)(1) not later than the lesser of 30 days, or the period provided by State law, before the date of the election; . (c) Other Conforming Amendment Section 4(a)(1) of such Act ( 52 U.S.C. 20503(a)(1) (1) through the State motor vehicle authority pursuant to section 5; . (d) Effective date The amendments made by this section shall take effect upon the expiration of the 180-day period which begins on the date of the enactment of this Act.

Vote at Home Act of 2023

Women's Health Protection Act of 2023 This bill prohibits governmental restrictions on the provision of, and access to, abortion services. Before fetal viability, governments may not restrict providers from using particular abortion procedures or drugs, offering abortion services via telemedicine, or immediately providing abortion services if delaying risks the patient's health. Furthermore, governments may not require providers to perform unnecessary medical procedures, provide medically inaccurate information, or comply with credentialing or other conditions that do not apply to providers who offer medically comparable services to abortions. Additionally, governments may not require patients to make medically unnecessary in-person visits before receiving abortion services or disclose their reasons for obtaining services. After fetal viability, governments may not restrict providers from performing abortions when necessary to protect a patient's life and health. The same provisions that apply to abortions before viability also apply to necessary abortions after viability. Additionally, states may authorize post-viability abortions in circumstances beyond those that the bill considers necessary. Further, the bill recognizes an individual's right to interstate travel, including for abortion services. The bill also prohibits governments from implementing measures that are similar to those restricted by the bill or that otherwise single out and impede access to abortion services, unless the measure significantly advances the safety of abortion services or health of patients and cannot be achieved through less restrictive means. The Department of Justice, individuals, or providers may sue states or government officials to enforce this bill, regardless of certain immunity that would otherwise apply.

118 S701 PCS: Women’s Health Protection Act of 2023 U.S. Senate 2023-03-09 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II Calendar No. 26 118th CONGRESS 1st Session S. 701 IN THE SENATE OF THE UNITED STATES March 8, 2023 Ms. Baldwin Mr. Blumenthal Mrs. Murray Mr. Schumer Ms. Warren Ms. Cortez Masto Ms. Klobuchar Ms. Stabenow Mrs. Gillibrand Mr. Murphy Mr. Bennet Mr. Booker Mr. Brown Ms. Cantwell Mr. Cardin Mr. Carper Mr. Coons Ms. Duckworth Mr. Durbin Mrs. Feinstein Mr. Fetterman Ms. Hassan Mr. Heinrich Mr. Hickenlooper Ms. Hirono Mr. Kaine Mr. Kelly Mr. King Mr. Luján Mr. Markey Mr. Menendez Mr. Merkley Mr. Ossoff Mr. Padilla Mr. Peters Mr. Reed Ms. Rosen Mr. Sanders Mr. Schatz Mrs. Shaheen Ms. Sinema Ms. Smith Mr. Tester Mr. Van Hollen Mr. Warner Mr. Warnock Mr. Welch Mr. Whitehouse Mr. Wyden March 9, 2023 Read the second time and placed on the calendar A BILL To protect a person’s ability to determine whether to continue or end a pregnancy, and to protect a health care provider’s ability to provide abortion services. 1. Short title This Act may be cited as the Women’s Health Protection Act of 2023 2. Purpose The purposes of this Act are as follows: (1) To permit people to seek and obtain abortion services, and to permit health care providers to provide abortion services, without harmful or unwarranted limitations or requirements that single out the provision of abortion services for restrictions that are more burdensome than those restrictions imposed on medically comparable procedures, do not significantly advance reproductive health or the safety of abortion services, or make abortion services more difficult to access. (2) To promote access to abortion services and thereby protect women’s ability to participate equally in the economic and social life of the United States. (3) To protect people’s ability to make decisions about their bodies, medical care, family, and life’s course. (4) To eliminate unwarranted burdens on commerce and the right to travel. Abortion bans and restrictions invariably affect commerce over which the United States has jurisdiction. Health care providers engage in economic and commercial activity when they provide abortion services. Moreover, there is an interstate market for abortion services and, in order to provide such services, health care providers engage in interstate commerce to purchase medicine, medical equipment, and other necessary goods and services; to obtain and provide training; and to employ and obtain commercial services from health care personnel, many of whom themselves engage in interstate commerce, including by traveling across State lines. Congress has the authority to enact this Act to protect access to abortion services pursuant to— (A) its powers under the commerce clause of section 8 of article I of the Constitution of the United States; (B) its powers under section 5 of the Fourteenth Amendment to the Constitution of the United States to enforce the provisions of section 1 of the Fourteenth Amendment; and (C) its powers under the necessary and proper clause of section 8 of Article I of the Constitution of the United States. 3. Definitions In this Act: (1) Abortion services The term abortion services (2) Government The term government (3) Health care provider The term health care provider (A) is engaged or seeks to engage in the delivery of health care services, including abortion services; and (B) if required by law or regulation to be licensed or certified to engage in the delivery of such services— (i) is so licensed or certified; or (ii) would be so licensed or certified but for their past, present, or potential provision of abortion services protected by section 4. (4) Medically comparable procedures The term medically comparable procedures (5) Pregnancy The term pregnancy (6) State The term State (7) Viability The term viability 4. Protected activities and services (a) General rules (1) Pre-viability A health care provider has a right under this Act to provide abortion services, and a patient has a corresponding right under this Act to terminate a pregnancy prior to viability without being subject to any of the following limitations or requirements: (A) A prohibition on abortion prior to viability, including a prohibition or restriction on a particular abortion procedure or method, or a prohibition on providing or obtaining such abortions. (B) A limitation on a health care provider’s ability to prescribe or dispense drugs that could be used for reproductive health purposes based on current evidence-based regimens or the provider’s good-faith medical judgment, or a limitation on a patient’s ability to receive or use such drugs, other than a limitation generally applicable to the prescription, dispensing, or distribution of drugs. (C) A limitation on a health care provider’s ability to provide, or a patient’s ability to receive, abortion services via telemedicine, other than a limitation generally applicable to the provision of medically comparable services via telemedicine. (D) A limitation or prohibition on a patient’s ability to receive, or a provider’s ability to provide, abortion services in a State based on the State of residency of the patient, or a prohibition or limitation on the ability of any individual to assist or support a patient seeking abortion. (E) A requirement that a health care provider perform specific tests or medical procedures in connection with the provision of abortion services (including prior to or subsequent to the abortion), unless generally required for the provision of medically comparable procedures. (F) A requirement that a health care provider offer or provide a patient seeking abortion services medically inaccurate information. (G) A limitation or requirement concerning the physical plant, equipment, staffing, or hospital transfer arrangements of facilities where abortion services are provided, or the credentials or hospital privileges or status of personnel at such facilities, that is not imposed on facilities or the personnel of facilities where medically comparable procedures are performed. (H) A requirement that, prior to obtaining an abortion, a patient make one or more medically unnecessary in-person visits to the provider of abortion services or to any individual or entity that does not provide abortion services. (I) A limitation on a health care provider’s ability to provide immediate abortion services when that health care provider believes, based on the good-faith medical judgment of the provider, that delay would pose a risk to the patient’s life or health. (J) A requirement that a patient seeking abortion services at any point or points in time prior to viability disclose the patient’s reason or reasons for seeking abortion services, or a limitation on providing or obtaining abortion services at any point or points in time prior to viability based on any actual, perceived, or potential reason or reasons of the patient for obtaining abortion services, regardless of whether the limitation is based on a health care provider’s actual or constructive knowledge of such reason or reasons. (2) Post-viability (A) In general A health care provider has a right under this Act to provide abortion services and a patient has a corresponding right under this Act to terminate a pregnancy after viability when, in the good-faith medical judgement of the treating health care provider, it is necessary to protect the life or health of the patient. This subparagraph shall not otherwise apply after viability. (B) Additional circumstances A State may provide additional circumstances under which post viability abortions are permitted under this paragraph. (C) Limitation In the case where a termination of a pregnancy after viability, in the good-faith medical judgement of the treating health care provider, is necessary to protect the life or health of the patient, a State shall not impose any of the limitations or requirements described in paragraph (1) (b) Other limitations or requirements The rights described in subsection (a) shall not be limited or otherwise infringed through any other limitation or requirement that— (1) expressly, effectively, implicitly, or as implemented, singles out abortion, the provision of abortion services, individuals who seek abortion services or who provide assistance and support to those seeking abortion services, health care providers who provide abortion services, or facilities in which abortion services are provided; and (2) impedes access to abortion services. (c) Factors for consideration A court may consider the following factors, among others, in determining whether a limitation or requirement impedes access to abortion services for purposes of subsection (b)(2): (1) Whether the limitation or requirement, in a provider’s good-faith medical judgment, interferes with a health care provider’s ability to provide care and render services, or poses a risk to the patient’s health or safety. (2) Whether the limitation or requirement is reasonably likely to delay or deter a patient in accessing abortion services. (3) Whether the limitation or requirement is reasonably likely to directly or indirectly increase the cost of providing abortion services or the cost for obtaining abortion services such as costs associated with travel, childcare, or time off work. (4) Whether the limitation or requirement is reasonably likely to have the effect of necessitating patient travel that would not otherwise have been required, including by making it necessary for a patient to travel out of State to obtain services. (5) Whether the limitation or requirement is reasonably likely to result in a decrease in the availability of abortion services in a given State or geographic region. (6) Whether the limitation or requirement imposes penalties that are not imposed on other health care providers for comparable conduct or failure to act, or that are more severe than penalties imposed on other health care providers for comparable conduct or failure to act. (7) The cumulative impact of the limitation or requirement combined with other limitations or requirements. (d) Exception To defend against a claim that a limitation or requirement violates a health care provider’s or patient’s rights under subsection (b) a party must establish, by clear and convincing evidence, that the limitation or requirement is essential to significantly advance the safety of abortion services or the health of the patients and that the safety or health objective cannot be accomplished by a different means that does not interfere with the right protected under subsection (b)). 5. Protection of the right to travel A person has a fundamental right under the Constitution of the United States and this Act to travel to a State other than the person’s State of residence, including to obtain reproductive health services such as prenatal, childbirth, fertility, and abortion services, and a person has a right under this Act to assist another person to obtain such services or otherwise exercise the right described in this section. 6. Applicability and preemption (a) In general (1) Superseding inconsistent laws Except as provided under subsection (b), this Act shall supersede any inconsistent Federal or State law, and the implementation of such law, whether statutory, common law, or otherwise, and whether adopted prior to or after the date of enactment of this Act. A Federal or State government official shall not administer, implement, or enforce any law, rule, regulation, standard, or other provision having the force and effect of law that conflicts with any provision of this Act, notwithstanding any other provision of Federal law, including the Religious Freedom Restoration Act of 1993 ( 42 U.S.C. 2000bb et seq. (2) Laws after date of enactment Federal law enacted after the date of the enactment of this Act shall be subject to this Act unless such law explicitly excludes such application by reference to this Act. (b) Limitations The provisions of this Act shall not supersede or apply to— (1) laws regulating physical access to clinic entrances; (2) laws regulating insurance or medical assistance coverage of abortion services; (3) the procedure described in section 1531(b)(1) of title 18, United States Code; or (4) generally applicable State contract law. (c) Preemption defense In any legal or administrative action against a person or entity who has exercised or attempted to exercise a right protected by section 4 or section 5 or against any person or entity who has taken any step to assist any such person or entity in exercising such right, this Act shall also apply to, and may be raised as a defense by, such person or entity, in addition to the remedies specified in section 8. 7. Rules of construction (a) Liberal construction by courts In any action before a court under this Act, the court shall liberally construe the provisions of this Act to effectuate the purposes of the Act. (b) Protection of life and health Nothing in this Act shall be construed to authorize any government official to interfere with, diminish, or negatively affect a person’s ability to obtain or provide abortion services prior to viability or after viability when, in the good-faith medical judgment of the treating health care provider, continuation of the pregnancy would pose a risk to the pregnant patient’s life or health. (c) Government officials Any person who, by operation of a provision of Federal or State law, is permitted to implement or enforce a limitation or requirement that violates section 4 or 5 shall be considered a government official for purposes of this Act. 8. Enforcement (a) Attorney general The Attorney General may commence a civil action on behalf of the United States in any district court of the United States against any State that violates, or against any government official (including a person described in section 7(c)) who implements or enforces a limitation or requirement that violates, section 4 or 5. The court shall declare unlawful the limitation or requirement if it is determined to be in violation of this Act. (b) Private right of action (1) In general Any individual or entity adversely affected by an alleged violation of this Act, including any person or health care provider, may commence a civil action against any government official (including a person described in section 7(c)) that implements or enforces a limitation or requirement that violates, section 4 or 5. The court shall declare unlawful the limitation or requirement if it is in violation of this Act. (2) Health care provider A health care provider may commence an action for relief on its own behalf, on behalf of the provider’s staff, and on behalf of the provider’s patients who are or may be adversely affected by an alleged violation of this Act. (c) Pre-enforcement challenges A suit under subsection (a) or (b) may be brought to prevent enforcement or implementation by any government of a State limitation or requirement that is inconsistent with section 4 or 5. (d) Declaratory and equitable relief In any action under this section, the court may award appropriate declaratory and equitable relief, including temporary, preliminary, or permanent injunctive relief. (e) Costs In any action under this section, the court shall award costs of litigation, as well as reasonable attorney’s fees, to any prevailing plaintiff. A plaintiff shall not be liable to a defendant for costs or attorney’s fees in any non-frivolous action under this section. (f) Jurisdiction The district courts of the United States shall have jurisdiction over proceedings under this Act and shall exercise the same without regard to whether the party aggrieved shall have exhausted any administrative or other remedies that may be provided for by law. (g) Abrogation of state immunity Neither a State that enforces or maintains, nor a government official (including a person described in section 7(c)) who is permitted to implement or enforce any limitation or requirement that violates section 4 or 5 shall be immune under the Tenth Amendment to the Constitution of the United States, the Eleventh Amendment to the Constitution of the United States, or any other source of law, from an action in a Federal or State court of competent jurisdiction challenging that limitation or requirement, unless such immunity is required by clearly established Federal law, as determined by the Supreme Court of the United States. 9. Effective date This Act shall take effect upon the date of enactment of this Act. 10. Severability If any provision of this Act, or the application of such provision to any person, entity, government, or circumstance, is held to be unconstitutional, the remainder of this Act, or the application of such provision to all other persons, entities, governments, or circumstances, shall not be affected thereby. March 9, 2023 Read the second time and placed on the calendar

Women’s Health Protection Act of 2023

Urban Waters Federal Partnership Act of 2023 This bill provides statutory authority for the Urban Waters Federal Partnership Program. Under the program, the Environmental Protection Agency and other specified agencies must reconnect urban communities, particularly urban communities that are overburdened or economically distressed, with their waterways by improving coordination among federal agencies.

118 S702 IS: Urban Waters Federal Partnership Act of 2023 U.S. Senate 2023-03-08 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 118th CONGRESS 1st Session S. 702 IN THE SENATE OF THE UNITED STATES March 8, 2023 Ms. Sinema Mr. Cornyn Mr. Kelly Committee on Environment and Public Works A BILL To require the Administrator of the Environmental Protection Agency, the Secretary of the Interior, and the Secretary of Agriculture to maintain the Urban Waters Federal Partnership Program, and for other purposes. 1. Short title This Act may be cited as the Urban Waters Federal Partnership Act of 2023 2. Definitions In this Act: (1) Administrator The term Administrator (2) Member agencies The term member agencies (A) the Environmental Protection Agency; (B) the Department of the Interior; (C) the Department of Agriculture; (D) the Corps of Engineers; (E) the National Oceanic and Atmospheric Administration; (F) the Economic Development Administration; (G) the Department of Housing and Urban Development; (H) the Department of Transportation; (I) the Department of Energy; (J) the Department of Education; (K) the National Institute for Environmental Health Sciences; (L) the Community Development Financial Institutions Fund; (M) the Federal Emergency Management Agency; (N) the Corporation for National and Community Service; and (O) such other agencies, departments, and bureaus that elect to participate in the Urban Waters program as the missions, authorities, and appropriated funding of those agencies, departments, and bureaus allow. (3) Secretaries The term Secretaries (4) Urban Waters ambassador The term Urban Waters ambassador (A) is locally based near the applicable Urban Waters partnership location; and (B) serves in a central coordinating role for the work carried out in the applicable Urban Waters partnership location with respect to the Urban Waters program. (5) Urban Waters nonpartnership location The term Urban Waters nonpartnership location (A) that receives Federal support for activities that advance the purpose of the Urban Waters program; but (B) (i) that is not formally designated as an Urban Waters partnership location; and (ii) for which is not maintained— (I) an active partnership with an Urban Waters ambassador; or (II) an Urban Waters partnership location workplan. (6) Urban Waters partnership location The term Urban Waters partnership location (A) the Administrator, in collaboration with the heads of the other member agencies, has formally designated as a partnership location under the Urban Waters program; and (B) an active partnership with an Urban Waters ambassador is maintained. (7) Urban Waters partnership location workplan The term Urban Waters partnership location workplan (8) Urban Waters program The term Urban Waters program 3. Urban Waters Federal Partnership program (a) Authorization There is authorized a program, to be known as the Urban Waters Federal Partnership Program (1) to jointly support and execute the goals of the Urban Waters program through the independent authorities and appropriated funding of the member agencies; and (2) to advance the purpose described in subsection (b) within designated Urban Waters partnership locations and other urban and suburban communities in the United States. (b) Program purpose The purpose of the Urban Waters program is to reconnect urban communities, particularly urban communities that are overburdened or economically distressed, with associated waterways by improving coordination among Federal agencies. (c) Program requirements (1) In general Subject to the availability of appropriations, the Administrator, in coordination with the Secretaries and, as appropriate, the heads of the other member agencies, shall maintain the Urban Waters program in accordance with this subsection. (2) Urban Waters Federal Partnership Steering Committee (A) Establishment (i) In general The Administrator shall establish a steering committee for the Urban Waters program (referred to in this paragraph as the steering committee (ii) Chair The Administrator shall serve as chairperson of the steering committee. (iii) Vice chairs The Secretaries shall serve as vice chairpersons of the steering committee. (iv) Membership In addition to the Administrator and the Secretaries, the members of the steering committee shall be the senior officials (or their designees) from such member agencies as the Administrator shall designate. (B) Duties The steering committee shall provide general guidance to the member agencies with respect to the Urban Waters program, including guidance with respect to— (i) the identification of annual priority issues for special emphasis within Urban Waters partnership locations; and (ii) the identification of funding opportunities, which shall be communicated to all Urban Waters partnership locations. (C) Interagency financing Notwithstanding section 1346 of title 31, United States Code, section 708 of division E of the Consolidated Appropriations Act, 2023 ( Public Law 117–328 (i) provide interagency financing to the steering committee; and (ii) directly transfer such amounts as are necessary to support the activities of the steering committee. (3) Authority (A) Partnership locations (i) Partnership locations The Administrator and the Secretaries shall maintain an active partnership program under the Urban Waters program at each Urban Waters partnership location, including each Urban Waters partnership location in existence on the date of enactment of this Act, by providing— (I) technical assistance for projects to be carried out within the Urban Waters partnership location; (II) funding for projects to be carried out within the Urban Waters partnership location; (III) funding for an Urban Waters ambassador for the Urban Waters partnership location; and (IV) coordination support with other member agencies with respect to activities carried out at the Urban Waters partnership location. (ii) New partnership locations (I) In general The Administrator and the Secretaries may, in consultation with the heads of other member agencies, establish new Urban Waters partnership locations. (II) Nonpartnership locations A community with an Urban Waters nonpartnership location may, at the discretion of the community, seek to have the Urban Waters nonpartnership location designated as an Urban Waters partnership location. (B) Authorized activities (i) Definition of eligible entity In this subparagraph, the term eligible entity (I) a State; (II) a territory or possession of the United States; (III) the District of Columbia; (IV) an Indian Tribe; (V) a unit of local government; (VI) a public or private institution of higher education; (VII) a public or private nonprofit institution; (VIII) an intertribal consortium; (IX) an interstate agency; and (X) any other entity determined to be appropriate by the Administrator. (ii) Activities In carrying out the Urban Waters program, a member agency may— (I) encourage, cooperate with, and render technical services to and provide financial assistance to support— (aa) Urban Waters ambassadors to conduct activities with respect to the applicable Urban Waters partnership location, including— (AA) convening the appropriate Federal and non-Federal partners for the Urban Waters partnership location; (BB) developing and carrying out an Urban Waters partnership location workplan; (CC) leveraging available Federal and non-Federal resources for projects within the Urban Waters partnership location; and (DD) sharing information and best practices with the Urban Waters Learning Network established under subparagraph (C); and (bb) an eligible entity in carrying out— (AA) projects at Urban Waters partnership locations that provide habitat or water quality improvements, increase river recreation, enhance community resiliency, install infrastructure, strengthen community engagement with and education with respect to water resources, or support planning, coordination, and execution of projects identified in the applicable Urban Waters partnership location workplan; and (BB) planning, research, experiments, demonstrations, surveys, studies, monitoring, training, and outreach to advance the purpose described in subsection (b) within Urban Waters partnership locations and in Urban Waters nonpartnership locations; and (II) transfer funds to or enter into interagency agreements with other member agencies as necessary to carry out the Urban Waters program. (C) Urban Waters learning network The Administrator and the Secretaries shall maintain an Urban Waters Learning Network— (i) to share information, resources, and tools between Urban Waters partnership locations and with other interested communities; and (ii) to carry out community-based capacity building that advances the goals of the Urban Waters program. (D) Workplan progress Progress in addressing the goals of the Urban Waters partnership location workplan of an Urban Waters partnership location shall be shared with the Urban Waters program at regular intervals, as determined by the Administrator and the Secretaries. (d) Reports to Congress The Administrator and the Secretaries shall annually submit to the appropriate committees of Congress a report describing the progress in carrying out the Urban Waters program, which shall include— (1) a description of the use of funds under the Urban Waters program; (2) a description of the progress made in carrying out Urban Waters partnership location workplans; and (3) any additional information that the Administrator and the Secretaries determine to be appropriate. (e) Authorization of appropriations (1) In general There is authorized to be appropriated to the Administrator to carry out the Urban Waters program $10,000,000 for each of fiscal years 2024 through 2028. (2) Use of funds Notwithstanding any other provision of law, activities carried out using amounts made available to the Administrator under paragraph (1) may be used in conjunction with amounts made available from— (A) other member agencies; and (B) non-Federal entities that participate in the Urban Waters program.

Urban Waters Federal Partnership Act of 2023

Federal Agency Performance Act of 2023 This bill addresses federal agency performance and accountability. Specifically, the bill revises requirements regarding strategic reviews of federal agencies' performance goals and requires a Deputy Performance Improvement Officer to support the Performance Improvement Officer. With respect to strategic reviews, not less frequently than annually and consistent with guidance issued by the Office of Management and Budget, each agency must take specified actions, including for each goal or objective established in the agency's strategic plan, review the progress achieved toward the goal and the likelihood that the agency will achieve the goal; identify any risks or impediments that would decrease the likelihood that the agency will achieve the goal; and for each goal at greatest risk of not being achieved, identify prospects and strategies for performance improvement. Additionally, the bill requires that federal government priority goals (1) be updated and revised not less frequently than during the first year of each presidential term, (2) include plans for the successful achievement of each goal within each single presidential term, and (3) explicitly cite to any specific contents of the budget that support the achievement of each goal. The Government Accountability Office must report to Congress on the effectiveness of this bill.

118 S709 IS: Federal Agency Performance Act of 2023 U.S. Senate 2023-03-08 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 118th CONGRESS 1st Session S. 709 IN THE SENATE OF THE UNITED STATES March 8, 2023 Mr. Peters Mr. Braun Committee on Homeland Security and Governmental Affairs A BILL To improve performance and accountability in the Federal Government, and for other purposes. 1. Short title This Act may be cited as the Federal Agency Performance Act of 2023 2. Establishment of Strategic Reviews and Reporting (a) Strategic Reviews (1) In general Section 1121 of title 31, United States Code, is amended— (A) by striking the section heading and inserting Progress reviews and use of performance information (B) by adding at the end the following: (c) Agency reviews of progress towards strategic goals and objectives (1) Covered Goal defined In this subsection, the term covered goal (2) Review Not less frequently than annually and consistent with guidance issued by the Director of the Office of Management and Budget, the head and Chief Operating Officer of each agency, shall— (A) for each covered goal, review with the appropriate agency official responsible for the covered goal— (i) the progress achieved toward the covered goal— (I) during the most recent fiscal year; or (II) from recent sources of evidence available at the time of the review; and (ii) the likelihood that the agency will achieve the covered goal; (B) coordinate with relevant personnel within and outside the agency who contribute to the accomplishment of each covered goal; (C) assess progress toward each covered goal by reviewing performance information and other types of evidence relating to each covered goal, such as program evaluations and statistical data; (D) identify whether additional evidence is necessary to better assess progress toward each covered goal, and prioritize the development of the evidence described in subparagraph (C), such as through the plans required under section 312 of title 5, if applicable; (E) assess whether relevant organizations, program activities, regulations, policies, and other activities contribute as planned to each covered goal; (F) as appropriate, leverage the assessment performed under subparagraph (E) as part of the portfolio reviews required under section 503(c)(1)(G); (G) identify any risks or impediments that would reduce or otherwise decrease the likelihood that the agency will achieve the covered goal; and (H) for each covered goal at greatest risk of not being achieved, identify prospects and strategies for performance improvement, including any necessary changes to program activities, regulations, policies, or other activities of the agency. (3) Support In fulfilling the requirements of paragraph (2), the head and Chief Operating Officer of each agency shall be supported by— (A) the Performance Improvement Officer of the agency; (B) as appropriate, the Chief Data Officer, Evaluation Officer, Program Management Improvement Officer, and Statistical Official of the agency; and (C) any other senior agency official designated by the head of the agency, the sustained involvement of whom may help the agency increase the likelihood of achieving 1 or more covered goals. . (2) Conforming amendment The table of sections for Chapter 11 1121. Progress reviews and use of performance information. (b) Summary required Section 1116 of title 31, United States Code, is amended— (1) in subsection (c)— (A) in paragraph (6)(E), by striking and (B) in paragraph (7), by striking the period at the end and inserting ; and (C) by adding at the end the following: (8) include a summary of the findings of the review of the agency under section 1121(c). ; and (2) by striking subsections (f) through (i). 3. Revisions to the Federal Performance Website Section 1122 of title 31, United States Code, is amended— (1) in subsection (a)— (A) in paragraph (2)— (i) in subparagraph (C)— (I) by inserting required to be included on the single website under subparagraph (A) and the information in the program inventory (II) by striking and (ii) in subparagraph (D), by striking the period at the end and inserting ; and (iii) by adding at the end the following: (E) ensure that the website described in subparagraph (A) conforms with the requirements for websites under section 3(a) of the 21st Century Integrated Digital Experience Act ( 44 U.S.C. 3501 ; and (B) in paragraph (4), by striking subparagraph (A) and inserting the following: (A) archive and preserve— (i) the information included in the program inventory required under paragraph (2)(B), including the information described in paragraph (3), after the end of the period during which that information is made available; and (ii) the information included in the single website under paragraph (2)(A) in accordance with subsections (b) and (c) after the end of the period during which such information is made available on the website; and ; (2) in subsection (b), by striking paragraph (6) and inserting the following: (6) the results achieved toward the agency priority goals established under section 1120(b)— (A) during the most recent quarter and overall trend data for each quarter compared to the planned level of performance; and (B) at the end of the 2-year agency priority goal period compared to the overall planned level of performance; ; and (3) in subsection (c), by striking paragraph (5) and inserting the following: (5) the results achieved toward the priority goals developed under section 1120(a)(1)— (A) during the most recent quarter and overall trend data for each quarter compared to the planned level of performance; and (B) at the end of the 4-year Federal Government priority goal period compared to the overall planned level of performance; . 4. Federal Government Priority Goals Section 1120(a)(2) of title 31, United States Code, is amended by striking the second sentence and inserting “Such goals shall— (A) be updated and revised not less frequently than during the first year of each Presidential term; (B) be made publicly available not less frequently than concurrently with the submission of the budget of the United States Government under section 1105(a) made during the first full fiscal year following any year during which a term of the President commences under section 101 of title 3; (C) include plans for the successful achievement of each goal within each single Presidential term; and (D) explicitly cite to any specific contents of the budget described in subparagraph (B) that support the achievement of each goal. . 5. Federal Government Priority Goal Co-Leaders Section 1115(a) of title 31, United States Code, is amended by striking paragraph (3) and inserting the following: (3) For each Federal Government performance goal, identify, as appropriate, not fewer than 2 lead Government officials who shall jointly be responsible for coordinating the efforts to achieve the goal, of whom— (A) not less than 1 shall be from the Executive Office of the President; and (B) not less than 1 shall be from an agency identified as contributing to the Federal Government performance goal described in paragraph (2); . 6. Establishment of Deputy Performance Improvement Officers Section 1124(a) of title 31, United States Code, is amended— (1) by striking paragraph (1) and inserting the following: (1) Establishment At each agency, the head of the agency, in consultation with the Chief Operating Officer of the agency, shall designate— (A) a Performance Improvement Officer, who shall be a senior executive of the agency; and (B) if the Performance Improvement Officer designated under subparagraph (A) is not a career appointee of the Senior Executive Service, a Deputy Performance Improvement Officer, who shall be a career appointee of the Senior Executive Service. ; and (2) by adding at the end the following: (3) Deputy Performance Improvement Officer A Deputy Performance Improvement Officer designated under paragraph (1)(B) shall support the Performance Improvement Officer in carrying out the functions of the Performance Improvement Officer under paragraph (2). . 7. Repeal of Outdated Pilot Projects (a) In general Chapter 11 (b) Conforming amendment Section 9704 of title 31, United States Code, is amended— (1) by striking subsection (c); and (2) by redesignating subsection (d) (c) (c) Clerical amendment The table of sections for chapter 11 8. Clarifying Amendments (a) Clarification of Requirement To Cite to Evidence-Building Activities in Strategic Plans Section 306(a) of title 5, United States Code, is amended— (1) in paragraph (8) by inserting , as applicable section 312 (2) in paragraph (9), in the matter preceding subparagraph (A), by inserting with respect to the head of an agency required to develop a plan described in subsection (a) or (b) of section 312, an assessment (b) Clarification of Timing of Agency Performance Report Section 1116(b)(1) of title 31, United States Code, is amended by striking shall occur no less than 150 days after shall occur not later than 150 days after

Federal Agency Performance Act of 2023

Extending Limits of United States Customs Waters Act of 2023 This bill extends the customs waters territory of the United States. Under current law, customs waters means waters within four leagues of the coast of the United States. This bill revises the definition to include (1) the territorial sea of the United States to the limits permitted by international law in accordance with Presidential Proclamation 5928, dated December 27, 1988, that extended such limits to 12 nautical miles from the baselines of the United States; and (2) the contiguous zone of the United States to the limits permitted by international law in accordance with Presidential Proclamation 7219, dated September 2, 1999, that extended such limits to 24 nautical miles from the baselines of the United States.

118 S71 IS: Extending Limits of United States Customs Waters Act of 2023 U.S. Senate 2023-01-25 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 118th CONGRESS 1st Session S. 71 IN THE SENATE OF THE UNITED STATES January 25, 2023 Mr. Scott of Florida Ms. Sinema Mr. Lankford Committee on Finance A BILL To extend the customs waters of the United States from 12 nautical miles to 24 nautical miles from the baselines of the United States, consistent with Presidential Proclamation 7219. 1. Short title This Act may be cited as the Extending Limits of United States Customs Waters Act of 2023 2. Findings; sense of Congress (a) Findings Congress makes the following findings: (1) On December 27, 1988, Presidential Proclamation 5928 extended the territorial sea of the United States from 3 nautical miles to 12 nautical miles from the baselines of the United States, determined in accordance with international law. (2) On August 2, 1999, Presidential Proclamation 7219 extended the contiguous zone of the United States from 12 nautical miles to 24 nautical miles from the baselines of the United States, determined in accordance with international law, but in no case within the territorial sea of another country. (3) Customary international law, in its current form, as provided for in the United Nations Convention on the Law of the Sea and consistent with Presidential Proclamations 5928 and 7219, reflects that— (A) every coastal State has the right to establish the breadth of its territorial sea to a limit not exceeding 12 nautical miles, measured from its baselines; (B) a coastal State’s contiguous zone may not extend beyond 24 nautical miles from the baselines from which the breadth of the territorial sea is measured; (C) a coastal State has exclusive jurisdiction over its flagged vessels within its territorial seas and upon the high seas; and (D) in the contiguous zone of a coastal State, the State may— (i) exercise the control necessary to prevent the infringement of its customs, fiscal, immigration, or sanitary laws and regulations within its territory or the territorial sea; and (ii) punish the infringement of those laws and regulations committed within its territory or the territorial sea. (4) Customary international law, in its current form, as provided for in the United Nations Convention on the Law of the Sea, recognizes that outside the territorial waters of a coastal State, the vessels and aircraft of all countries enjoy the high seas freedoms of navigation and overflight. Pursuant to those freedoms and the requirements of international law— (A) before boarding a vessel outside of the territorial waters of a coastal State, but within the contiguous zone of that State, authorities of the State are generally required to have reasonable grounds to believe that the vessel is destined for the State or has violated or is attempting to violate the customs, fiscal, immigration, or sanitary laws and regulations of that State; and (B) the hot pursuit of a foreign vessel— (i) may be undertaken when competent authorities of the State have good reason to believe that the vessel or one of its boats has violated the laws and regulations of that State; (ii) is required to be commenced when the foreign vessels or one of its boats is within the internal waters, the territorial sea, or the contiguous zone of the State, and may be continued outside the territorial sea or the contiguous zone only if the pursuit has not been interrupted; and (iii) in a case in which the foreign vessels is within the contiguous zone of the State, may be undertaken only if there has been a violation of the rights for the protection of which the contiguous zone was established. (b) Sense of Congress It is the sense of Congress that— (1) it is necessary to extend the authority of U.S. Customs and Border Protection to conduct law enforcement activities in the customs waters of the United States from 12 nautical miles to 24 nautical miles because as modern technology continues to change and expand rapidly, the performance and speed of maritime vessels, including those used to violate the laws of the United States or evade United States law enforcement agents, improve, and the limit of 12 nautical miles no longer provides law enforcement agents with sufficient time to interdict such vessels; and (2) the extension of the customs waters of the United States to the limits permitted by international law will advance the law enforcement and public health interests of the United States. 3. Extension of customs waters of the United States (a) Tariff Act of 1930 Section 401(j) of the Tariff Act of 1930 ( 19 U.S.C. 1401(j) (1) by striking means, in the case means— (1) in the case ; (2) by striking of the coast of the United States from the baselines of the United States (determined in accordance with international law) (3) by striking and, in the case ; and (2) in the case ; and (4) by striking the waters within four leagues of the coast of the United States. the waters within— (A) the territorial sea of the United States, to the limits permitted by international law in accordance with Presidential Proclamation 5928 of December 27, 1988; and (B) the contiguous zone of the United States, to the limits permitted by international law in accordance with Presidential Proclamation 7219 of September 2, 1999. . (b) Anti-Smuggling Act Section 401(c) of the Anti-Smuggling Act ( 19 U.S.C. 1709(c) (1) by striking means, in the case means— (1) in the case ; (2) by striking of the coast of the United States from the baselines of the United States (determined in accordance with international law) (3) by striking and, in the case ; and (2) in the case ; and (4) by striking the waters within four leagues of the coast of the United States. the waters within— (A) the territorial sea of the United States, to the limits permitted by international law in accordance with Presidential Proclamation 5928 of December 27, 1988; and (B) the contiguous zone of the United States, to the limits permitted by international law in accordance with Presidential Proclamation 7219 of September 2, 1999. . (c) Effective date The amendments made by this section shall take effect on the day after the date of the enactment of this Act.

Extending Limits of United States Customs Waters Act of 2023

Striking and Locked Out Workers Healthcare Protection Act This bill prohibits an employer from terminating an employee's health insurance coverage during certain labor disputes. Specifically, the bill prohibits an employer from terminating or altering the employer-provided health insurance coverage of an employee during the period that the employer is taking action to lock out, suspend, or otherwise withhold employment from the employee in order to influence the position of such employee or the representative of such employee in collective bargaining prior to a strike. It also prohibits an employer from terminating or altering such coverage during the period that an employee is engaged in a lawful strike. The bill establishes civil penalties for each violation of the prohibitions under this bill.

118 S710 IS: Striking and Locked Out Workers Healthcare Protection Act U.S. Senate 2023-03-08 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 118th CONGRESS 1st Session S. 710 IN THE SENATE OF THE UNITED STATES March 8, 2023 Mr. Brown Mr. Casey Mr. Sanders Ms. Baldwin Mr. Blumenthal Mr. Fetterman Mr. Markey Mr. Padilla Ms. Smith Mr. Van Hollen Ms. Warren Mr. Whitehouse Mr. Durbin Committee on Health, Education, Labor, and Pensions A BILL To prohibit an employer from terminating the coverage of an employee under a group health plan while the employer is engaged in a lock-out or while the employee is engaged in a lawful strike, and for other purposes. 1. Short title This Act may be cited as the Striking and Locked Out Workers Healthcare Protection Act 2. Continuation of coverage under a group health plan during a lock-out or a lawful strike (a) Lock-Out Section 8(a) of the National Labor Relations Act ( 29 U.S.C. 158(a) (1) in paragraph (5), by striking the period and inserting a semicolon; and (2) by adding at the end the following: (6) to terminate or alter the coverage of an employee under a group health plan during the period that such employer is taking action to lock-out, suspend, or otherwise withhold employment from the employee in order to influence the position of such employee or the representative of such employee in collective bargaining prior to a strike; and . (b) Strike Section 8(a) of such Act ( 29 U.S.C. 158(a) (7) to terminate or alter the coverage of an employee under a group health plan during the period that such employee is engaged in a lawful strike. . (c) Definition of group health plan Section 2 of the National Labor Relations Act ( 29 U.S.C. 152 (15) The term group health plan 29 U.S.C. 1167(1) . 3. Penalties Section 12 of the National Labor Relations Act ( 29 U.S.C. 162 (1) by striking Sec. 12. Penalties (a) Violations for interference with the board Any person ; and (2) by adding at the end the following: (b) Civil penalties for unfair labor practices related to coverage under a group health plan during a lock-Out Any employer who commits an unfair labor practice within the meaning of section 8(a)(6) shall be subject to a civil penalty in an amount not to exceed $75,000 for each violation, except that, with respect to such an unfair labor practice that coincides with the discharge of an employee or that results in other serious economic harm to an employee, the Board shall double the amount of such penalty, to an amount not to exceed $150,000, in any case where the employer has within the preceding 5 years committed another violation of section 8(a)(6). A civil penalty under this subsection shall be in addition to any other remedy ordered by the Board. (c) Civil penalties for unfair labor practices related to coverage under a group health plan during a lawful strike Any employer who commits an unfair labor practice within the meaning of section 8(a)(7) shall be subject to a civil penalty in an amount not to exceed $50,000 for each violation, except that, with respect to such an unfair labor practice that coincides with the discharge of an employee or that results in other serious economic harm to an employee, the Board shall double the amount of such penalty, to an amount not to exceed $100,000, in any case where the employer has within the preceding 5 years committed another violation of section 8(a)(7). A civil penalty under this subsection shall be in addition to any other remedy ordered by the Board. (d) Director and officer liability If the Board determines, based on the particular facts and circumstances presented, that a director or officer’s personal liability is warranted, a civil penalty for a violation described in subsection (b) or (c) may also be assessed against any director or officer of the employer who directed or committed the violation, or had actual or constructive knowledge of and the authority to prevent the violation and failed to prevent the violation. (e) Considerations In determining the amount of any civil penalty under subsection (b), (c), or (d), the Board shall consider— (1) the gravity of the actions of the employer resulting in the penalty, including the impact of such actions on the charging party or on other persons seeking to exercise rights guaranteed by this Act; (2) the size of the employer; (3) the history of previous unfair labor practices or other actions by the employer resulting in a penalty; and (4) the public interest. .

Striking and Locked Out Workers Healthcare Protection Act

Working Dog Commemorative Coin Act This bill directs the Department of the Treasury to mint and issue 50,000 $5 gold coins, 500,000 $1 silver coins, and 750,000 half-dollar clad coins in commemoration of the service that working dogs provide to society. The designs of the coins minted under this bill shall be emblematic of the contributions of working dogs to society, including in detection, military service, therapy, and assistance. Treasury may issue coins only during the one-year period beginning on January 1, 2025. All sales of coins shall include a surcharge, which shall be paid to America's VetDogs for general expenses associated with the fulfillment of its mission.

118 S711 IS: Working Dog Commemorative Coin Act U.S. Senate 2023-03-08 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 118th CONGRESS 1st Session S. 711 IN THE SENATE OF THE UNITED STATES March 8, 2023 Mr. Budd Mr. Kelly Mr. Tillis Ms. Duckworth Committee on Banking, Housing, and Urban Affairs A BILL To require the Secretary of the Treasury to mint coins in commemoration of the invaluable service that working dogs provide to society. 1. Short title This Act may be cited as the Working Dog Commemorative Coin Act 2. Findings Congress finds the following: (1) Dogs going back thousands of years have been tied to humans whether for protection, companionship, or assisting in daily activities. (2) The United States had an unofficial canine military presence assisting soldiers in the Civil War and World War I, but military K–9s did not become officially recognized until March 13, 1942. During the height of the wars in Afghanistan and Iraq, the United States military employed approximately 2,500 K–9s. (3) Military K–9s have seen service in every major United States combat since World War I and have been praised by military leadership as an indispensable asset for military, police, government, and private security teams around the world. (4) In 2000, section 2583 of title 10, United States Code (commonly known as Robby’s Law (5) Since 2000, military K–9s have left service and gone onto work explosive detection for police forces and work as service dogs for veterans and families. (6) Beyond their military working capacity, working dogs provide enhanced mobility assistance and renewed independence for the injured and disabled. Service dogs are able to support veterans struggling after war, hear for those who are deaf, see for those who are blind, and even sense changes in a person’s body before a seizure. Working dogs play a vital role in improving the lives of many. (7) The service dog programs of America’s VetDogs were created to provide enhanced mobility and renewed independence to United States veterans, active-duty service members, and first responders with disabilities. (8) America’s VetDogs provides— (A) guide dogs for individuals who are blind or have low vision; (B) hearing dogs for those who have lost their hearing later in life by alerting to alarms, door bells, sirens, and more; (C) service dogs for those with other physical disabilities that are specially trained to provide balance, retrieve dropped items, open and close doors, turn on and off lights, carry a backpack, and more; (D) facility dogs that are specially trained to spend time working with wounded veterans recovering at military hospitals and veterans medical centers; (E) dogs that work with physical and occupational therapists as they treat soldiers and become an essential part of the healing process; and (F) posttraumatic stress disorder service dogs that are trained to help mitigate the symptoms of posttraumatic stress disorder by providing the emotional and physical support a veteran may need. 3. Coin specifications (a) Denominations In commemoration of the invaluable service that working dogs provide to society, the Secretary of the Treasury (hereafter referred to in this Act as the Secretary (1) $5 gold coins Not more than 50,000 $5 coins, which shall— (A) weigh 8.359 grams; (B) have a diameter of 0.850 inches; and (C) contain 90 percent gold. (2) $1 silver coins Not more than 500,000 $1 coins, which shall— (A) weigh 26.73 grams; (B) have a diameter of 1.500 inches; and (C) contain not less than 90 percent silver. (3) Half-dollar clad coins Not more than 750,000 half-dollar coins which shall— (A) weigh 11.34 grams; (B) have a diameter of 1.205 inches; and (C) be minted to the specifications for half-dollar coins contained in section 5112(b) of title 31, United States Code. (b) Legal tender The coins minted under this Act shall be legal tender, as provided in section 5103 of title 31, United States Code. (c) Numismatic items For purposes of sections 5134 and 5136 of title 31, United States Code, all coins minted under this Act shall be considered to be numismatic items. 4. Designs of coins (a) Design requirements (1) In general The designs of the coins minted under this Act shall be emblematic of the vast contributions that working dogs serve in society to include the range of services that the dogs provide in detection, military service, therapy, and assistance. (2) Designations and inscriptions On each coin minted under this Act, there shall be— (A) a designation of the value of the coin; (B) an inscription of the year 2025 (C) inscriptions of the words Liberty In God We Trust United States of America E Pluribus Unum (b) Selection The designs for the coins minted under this Act shall be— (1) selected by the Secretary, after consultation with America’s VetDogs and the Commission of Fine Arts; and (2) reviewed by the Citizens Coinage Advisory Committee. 5. Issuance of coins (a) Quality of coins Coins minted under this Act shall be issued in uncirculated and proof qualities. (b) Mint facility Only 1 facility of the United States Mint may be used to strike any particular quality of the coins minted under this Act. (c) Period for issuance The Secretary may issue coins minted under this Act only during the 1-year period beginning on January 1, 2025. 6. Sale of coins (a) Sale price The coins issued under this Act shall be sold by the Secretary at a price equal to the sum of— (1) the face value of the coins; (2) the surcharge provided in section 7(a) with respect to such coins; and (3) the cost of designing and issuing the coins (including labor, materials, dies, use of machinery, overhead expenses, marketing, and shipping). (b) Bulk sales The Secretary shall make bulk sales of the coins issued under this Act at a reasonable discount. (c) Prepaid orders (1) In general The Secretary shall accept prepaid orders for the coins minted under this Act before the issuance of such coins. (2) Discount Sale prices with respect to prepaid orders under paragraph (1) shall be at a reasonable discount. 7. Surcharges (a) In general All sales of coins issued under this Act shall include a surcharge of— (1) $35 per coin for the $5 coins; (2) $10 per coin for the $1 coins; and (3) $5 per coin for the half-dollar coins. (b) Distribution Subject to section 5134(f) of title 31, United States Code, all surcharges received by the Secretary from the sale of coins issued under this Act shall be promptly paid by the Secretary to America’s VetDogs for general expenses associated with the fulfillment of the mission of America’s VetDogs, including for costs associated with— (1) personnel related to training, dog care, and consumer needs; (2) consultants to facilitate the training of America’s VetDogs certified service dog instructors; and (3) travel, room, and board for clients served by America’s VetDogs. (c) Audits America's VetDogs shall be subject to the audit requirements of section 5134(f)(2) of title 31, United States Code, with regard to the amounts received under subsection (b). (d) Limitation Notwithstanding subsection (a), no surcharge may be included with respect to the issuance under this Act of any coin during a calendar year if, as of the time of such issuance, the issuance of such coin would result in the number of commemorative coin programs issued during such year to exceed the annual 2 commemorative coin program issuance limitation under section 5112(m)(1) of title 31, United States Code (as in effect on the date of the enactment of this Act). The Secretary may issue guidance to carry out this subsection. 8. Financial assurances The Secretary shall take such actions as may be necessary to ensure that— (1) minting and issuing coins under this Act will not result in any net cost to the United States Government; and (2) no funds, including applicable surcharges, are disbursed to any recipient designated in section 7 until the total cost of designing and issuing all of the coins authorized by this Act (including labor, materials, dies, use of machinery, overhead expenses, marketing, and shipping) is recovered by the United States Treasury, consistent with sections 5112(m) and 5134(f) of title 31, United States Code.

Working Dog Commemorative Coin Act

No Early Release for Carjackers Act of 2023 This bill makes an individual ineligible to receive good time credits to reduce a prison sentence that the individual is serving for a federal carjacking offense.

118 S713 IS: No Early Release for Carjackers Act of 2023 U.S. Senate 2023-03-08 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 118th CONGRESS 1st Session S. 713 IN THE SENATE OF THE UNITED STATES March 8, 2023 Mr. Cotton Committee on the Judiciary A BILL To amend section 3624 of title 18, United States Code, to require carjackers to serve their prison sentences. 1. Short title This Act may be cited as the No Early Release for Carjackers Act of 2023 2. Early release exceptions Section 3624(b)(1) of title 18, United States Code, is amended— (1) by striking year year, (2) by adding at the end the following: (5) A prisoner may not receive credit toward service of the prisoner’s sentence for a crime under section 2119, relating to taking a motor vehicle (commonly referred to as carjacking . 3. Applicability This Act and the amendments made by this Act shall apply with respect to each prisoner in the custody of the Bureau of Prisons on or after the date of enactment of this Act.

No Early Release for Carjackers Act of 2023

Clear and Concise Content Act of 2023 This bill requires the use of plain writing when the federal government provides information about benefits and services. The Office of Management and Budget (OMB) must rescind outdated guidance and issue new guidance for the creation, maintenance, and use of covered content at agencies. Covered content means any content that is necessary for obtaining a federal benefit or service or for filing taxes or that provides information about such benefit or service; federal agency operations, policies, or guidance of material importance to, and posted publicly by, the agency; how to interact with or provide feedback to an agency regarding its operations, policies, or guidance; or how to navigate or interact with an agency website, digital service, or office. The OMB must report not less frequently than every two years to Congress on this bill's implementation. The OMB shall make such reports available on a public website and maintain the reports as open government data assets. The bill incorporates plain writing requirements into statutory provisions pertaining to new websites and digital services.

118 S717 IS: Clear and Concise Content Act of 2023 U.S. Senate 2023-03-08 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 118th CONGRESS 1st Session S. 717 IN THE SENATE OF THE UNITED STATES March 8, 2023 Mr. Peters Mr. Lankford Committee on Homeland Security and Governmental Affairs A BILL To improve plain writing and public experience, and for other purposes. 1. Short title This Act may be cited as the Clear and Concise Content Act of 2023 2. Definitions In this Act: (1) Agency The term agency (2) Covered content The term covered content (A) means any content that— (i) is necessary for obtaining any benefit or service from the Federal Government or for filing taxes; or (ii) provides information about— (I) any benefit or service from the Federal Government; (II) any operations, policies, or guidance of an agency that are of material importance to the agency and are posted publicly by the agency, including any explanation of how to comply with a requirement the Federal Government administers or enforces; (III) how to interact with or provide feedback to an agency regarding the operations, policies, or guidance of the agency; or (IV) how to navigate or interact with any agency website, digital service, or office; (B) includes— (i) (whether in paper or electronic form) a letter, publication, form, notice, guidance, policy, instruction, or official correspondence of an agency; (ii) all content necessary for public understanding, interaction, and use of an agency digital service or website; and (iii) instructions on how to submit comments, feedback, or information in response to a regulation during any portion of the rulemaking or implementation process for a regulation; and (C) subject to subparagraph (B)(iii), does not include a regulation. (3) Director The term Director (4) Open Government data asset The term open Government data asset (5) Plain writing The term plain writing 3. Responsibilities of the Director (a) In general Not later than 180 days after the date of enactment of this Act, the Director shall rescind outdated guidance and issue new guidance for the creation, maintenance, and use of covered content at agencies. (b) Requirements The guidance required under subsection (a) shall— (1) establish procedures under which an agency shall review any content in use on the date of enactment of this Act to determine if it is covered content; (2) establish policies for an agency to ensure that any content of the agency that is covered content, including any content created or updated after the date of enactment of this Act that is determined to be covered content, is drafted in plain writing; (3) establish qualitative and quantitative metrics by which an agency shall be measured for compliance with the requirements to identify covered content, draft covered content in plain writing, and solicit and incorporate public feedback and data to improve public engagement and interaction with the agency; (4) prescribe processes by which agencies shall submit agency reports required by the Director, in an appropriate manner and form, to support the governmentwide reports required under subsection (c); and (5) require an agency to solicit public feedback, collect data, and routinely test the creation or modification of covered content of the agency. (c) Reports (1) In general Not later than 1 year after the date of enactment of this Act, and not less frequently than every 2 years thereafter, the Director shall submit to the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Oversight and Accountability of the House of Representatives a report on implementation of this Act by agencies, including— (A) the progress of agencies towards achieving the metrics established under subsection (b)(3); (B) information regarding Government-wide trends or activities related to the implementation of this Act with respect to covered content across 1 or more agencies; and (C) any other information or data determined by the Director to inform Congress and the public regarding plain writing in covered content by agencies. (2) Public website The Director shall— (A) make the reports submitted under paragraph (1) available on a public website determined by the Director; and (B) maintain the reports as open Government data assets. (3) Federal Government and agency performance plans (A) Federal Government The Director shall ensure that the information regarding the Federal Government performance plan and agency performance plans required to be made available under subsection (a) or (b) of section 1115 of title 31, United States Code, is treated as covered content and published (whether in paper or electronic form) using plain writing. (B) Agency performance plans Section 1115(b) of title 31, United States Code, is amended— (i) in paragraph (9)(C), by striking and (ii) in paragraph (10), by striking the period at the end and inserting ; and (iii) by adding at the end the following: (11) incorporate the metrics established under section 3(b)(3) of the Clear and Concise Content Act of 2023 . 4. Agency responsibilities (a) In general The head of each agency shall ensure compliance with this Act, including through the designation of a senior officer at the agency (not lower than an Assistant Secretary or equivalent) to oversee implementation by the agency, including all bureaus, offices, or other subordinate components of the agency. (b) Requirement To use plain language in covered content Except as provided in the amendments made by section 5(1), on and after the date that is 1 year after the date of enactment of this Act, each agency shall use plain writing in all covered content made available by the agency, consistent with the guidance issued by the Director under section 3(a). (c) Requirement for feedback from customers The head of each agency shall ensure that there are opportunities and mechanisms in place (whether in paper or electronic form) that incorporate plain writing instructions for feedback from individuals or entities obtaining services from or engaging in transactions with the agency. (d) Public feedback The head of each agency shall maintain an accessible form, survey tool, or other portion of a website of the agency to solicit feedback from the public on compliance with this Act by the agency and to collect the feedback and data required under section 3(b)(5). 5. Amendments to the 21st Century IDEA Act Section 3 of the 21st Century Integrated Digital Experience Act ( 44 U.S.C. 3501 (1) in subsection (a)— (A) in the matter preceding paragraph (1), by striking Not later Except as provided in paragraph (9), not later (B) in paragraph (7), by striking and (C) in paragraph (8), by striking the period at the end and inserting ; and (D) by adding at the end the following: (9) is drafted using plain writing (as defined in section 2 of the Clear and Concise Content Act of 2023 ; and (2) in subsection (b)— (A) in the matter preceding paragraph (1), by striking Not later Except as provided in paragraph (2), not later (B) by striking paragraph (2) and inserting the following: (2) by not later than 1 year after the date of enactment of the Clear and Concise Content Act of 2023 . 6. Limitation on judicial enforceability (a) Judicial review No court shall have jurisdiction over any claim related to any act or omission arising out of any provision of this Act. (b) Enforceability No provision of this Act shall be construed to create any right or benefit, substantive or procedural, enforceable by any administrative or judicial action. 7. Repeal Effective on the date that is 1 year after the date of enactment of this Act, the Plain Writing Act of 2010 ( 5 U.S.C. 301

Clear and Concise Content Act of 2023

Precision Agriculture Loan Act of 2023 This bill establishes a loan program within the Farm Service Agency to assist agricultural producers in purchasing precision agriculture technology, such as geospatial mapping, data management and analytics software, and network connectivity products and solutions. Precision agriculture refers to managing, tracking, or reducing crop or livestock production inputs, including seed, feed, fertilizer, chemicals, water, and time, at a heightened level of spatial and temporal granularity to improve efficiencies, reduce waste, and maintain environmental quality.

118 S719 IS: Precision Agriculture Loan Act of 2023 U.S. Senate 2023-03-08 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 118th CONGRESS 1st Session S. 719 IN THE SENATE OF THE UNITED STATES March 8, 2023 Mrs. Fischer Ms. Klobuchar Committee on Agriculture, Nutrition, and Forestry A BILL To amend the Food, Conservation, and Energy Act of 2008 to establish a precision agriculture loan program, and for other purposes. 1. Short title This Act may be cited as the Precision Agriculture Loan Act of 2023 2. Precision agriculture loan program Subtitle F of title I of the Food, Conservation, and Energy Act of 2008 is amended by inserting after section 1614 ( 7 U.S.C. 8789 1614A. Precision agriculture loan program (a) Sense of Congress It is the sense of Congress that— (1) producers depend on a healthy environment to effectively produce the food and fiber needed for all communities; (2) precision agriculture technologies can— (A) provide producers with better insight into the health of the environment of the producer; and (B) allow producers to make more informed decisions that improve efficiencies, reduce waste, and improve environmental quality in a manner that benefits both nature and the financial well-being of the producer; (3) the adoption of precision agriculture technologies has already demonstrated that farmers and ranchers can produce crops in a manner that uses less water, reduces soil erosion, and mitigates greenhouse gas emissions while increasing carbon sequestration, water quality, and yields; and (4) the Department of Agriculture should seek to address hurdles to producers seeking to adopt precision agriculture technologies that allows for broader adoption of these technologies that provide benefits for both producers and the environment. (b) Definitions In this section: (1) Precision agriculture The term precision agriculture (2) Precision agriculture technology The term precision agriculture technology (A) Global Positioning System-based or geospatial mapping; (B) satellite or aerial imagery; (C) yield monitors; (D) soil mapping; (E) sensors for gathering data on crop, soil, or livestock conditions; (F) Internet of Things and telematics technologies; (G) data management software and advanced analytics; (H) network connectivity products and solutions; (I) Global Positioning System guidance or auto-steer systems; (J) variable rate technology for applying inputs, such as section control; and (K) any other technology, as determined by the Secretary, that leads to a reduction in, or improves efficiency of, crop and livestock production inputs, which may include seed, feed, fertilizer, chemicals, water, and time. (c) Program As soon as practicable after the date of enactment of this section, the Secretary shall establish a precision agriculture loan program to encourage the adoption of precision agriculture by providing funds to producers engaged in livestock or crop production for the purchase of precision agriculture technology. (d) Administration The precision agriculture loan program under this section shall be administered by the Secretary, acting through the Deputy Administrator for Farm Programs of the Farm Service Agency. (e) Eligible producers A precision agriculture loan under this section shall be made available to any producer described in subsection (c) that, as determined by the Secretary— (1) has a satisfactory credit history; (2) will use the loan funds to purchase precision agriculture technology; and (3) demonstrates an ability to repay the loan. (f) Term of loans A precision agriculture loan under this section shall have a maximum term of 12 years. (g) Loan amount The maximum aggregate loan amount of a precision agriculture loan under this section shall be $500,000. (h) Loan security Approval of a precision agriculture loan under this section shall require the borrower to provide loan security to the Secretary, in the form of— (1) a lien on the precision agriculture technology being purchased; or (2) such other security as is acceptable to the Secretary. (i) Reporting (1) Definition of recipient producer In this subsection, the term recipient producer (2) Preparation of report For each fiscal year, the Secretary shall prepare a report that includes— (A) aggregate data based on a review of each outstanding loan made by the Secretary under this section; and (B) a description of— (i) for the United States and for each State and county (or equivalent jurisdiction) in the United States— (I) the age of each recipient producer; (II) the duration during which each recipient producer has engaged in agricultural production; (III) the size of the farm or ranch of each recipient producer; (IV) the total amount provided as loans under this section for each category of equipment or technology described in subparagraphs (A) through (K) of subsection (b)(2) during the fiscal year covered by the report; (V) the estimated input reduced or environmental benefits received per category of equipment or technology described in those subparagraphs with respect to which a loan was provided under this section during the fiscal year covered by the report or any prior fiscal year, including the estimated input reduced or environmental benefits received per category— (aa) during the fiscal year covered by the report with respect to— (AA) loans provided under this section during that fiscal year; and (BB) loans provided under this section during that fiscal year or any prior fiscal year; and (bb) in the aggregate with respect to all loans provided under this section during or prior to the fiscal year covered by the report; (VI) the race, ethnicity, and gender of each recipient producer; (VII) the 1 or more agricultural commodities or types of enterprise for which each loan provided under this section during the fiscal year was provided; (VIII) the amount of each loan provided under this section during the fiscal year; and (IX) the default rate of the loans made under this section during— (aa) the fiscal year covered by the report; (bb) each preceding fiscal year; and (cc) in the aggregate with respect to all loans provided under this section during or prior to the fiscal year covered by the report; and (ii) for each State and county (or equivalent jurisdiction) in the United States, the number of outstanding loans made under this section, according to the loan size cohort. (3) Submission of report The Secretary shall— (A) not later than 1 year after the date of enactment of this Act, and annually thereafter, submit the report described in paragraph (2) to— (i) the Committee on Agriculture, Nutrition, and Forestry of the Senate; (ii) the Committee on Appropriations of the Senate; (iii) the Committee on Agriculture of the House of Representatives; and (iv) the Committee on Appropriations of the House of Representatives; and (B) not later than 90 days after the date on which the report is submitted under subparagraph (A), make the report publicly available. (j) Authorization of appropriations There are authorized to be appropriated to the Secretary such sums as are necessary to carry out this section. .

Precision Agriculture Loan Act of 2023

Debt Cancellation Accountability Act of 2023 This bill prohibits the Department of Education from providing class-based loan forgiveness unless funds have been specifically requested and appropriated for this purpose. Class-based loan forgiveness refers to the cancellation, waiver, assumption, discharge, reduction, or other forgiveness of any obligation due on Federal Family Education Loans, Federal Direct Loans, or Federal Perkins Loans (1) on a class-wide basis and for a class of two or more loan borrowers, and (2) that totals more than $1 million. The prohibition does not apply to targeted loan forgiveness programs explicitly established under the Higher Education Act of 1965 and in effect before January 1, 2022, if the loan forgiveness is granted for a single borrower on a case-by-case basis.

118 S72 IS: Debt Cancellation Accountability Act of 2023 U.S. Senate 2023-01-25 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 118th CONGRESS 1st Session S. 72 IN THE SENATE OF THE UNITED STATES January 25, 2023 Mr. Scott of Florida Ms. Lummis Mr. Barrasso Mrs. Blackburn Mr. Braun Committee on Health, Education, Labor, and Pensions A BILL To prevent class-based loan forgiveness for Federal student loans under title IV of the Higher Education Act of 1965 without the explicit appropriation of funds by Congress for such purpose. 1. Short title This Act may be cited as the Debt Cancellation Accountability Act of 2023 2. Prohibition on class-based loan forgiveness without proper approval Part G of title IV of the Higher Education Act of 1965 ( 20 U.S.C. 1088 et seq. 494A. Prohibition on class-based loan forgiveness without proper approval (a) Definitions In this section: (1) Class-based loan forgiveness (A) In general The term class-based loan forgiveness (i) on a class-wide basis and for a class of 2 or more covered loan borrowers; and (ii) that totals more than $1,000,000. (B) Exception for existing targeted loan forgiveness programs The term class-based loan forgiveness (i) granted for a single covered loan borrower who has submitted an application to the Department that includes an attestation of compliance with all conditions and requirements of the applicable loan forgiveness program; and (ii) based upon an individualized, case-by-case determination of the covered loan borrower’s— (I) eligibility for the targeted loan forgiveness; and (II) satisfaction of all terms and conditions precedent to receive the targeted loan forgiveness. (2) Covered loan The term covered loan (b) Limitation on Department authority Notwithstanding any other provision of this Act or any other law, the Secretary shall have no authority to provide class-based loan forgiveness unless funds have been specifically requested and appropriated for the purpose through the process described in subsection (c). (c) Request and appropriation process (1) In general The Secretary shall not provide any class-based loan forgiveness until— (A) the Secretary has submitted a request under paragraph (2); and (B) funds have been specifically appropriated for such request by Congress through an appropriations Act or other law. (2) Request In any case where the Secretary determines class-based loan forgiveness is necessary, the Secretary shall submit to the authorizing committees, the Committee on Appropriations of the Senate, and the Committee on Appropriations of the House of Representatives a written request that describes— (A) the number of covered loan borrowers in the class and the aggregate amount of the covered student loan obligations that will be cancelled, waived, assumed, discharged, reduced, or otherwise forgiven through the class-based loan forgiveness; (B) the particular reason for the class-based loan forgiveness; (C) the legal authority, including the identification of any authorizing statute or rule, of the Department to grant such class-based loan forgiveness; and (D) the particular reason the student loan obligations are being cancelled, waived, assumed, discharged, reduced, or otherwise forgiven on a collective basis, rather than through a case-by-case assessment. (3) Resubmission of request If funds for a class-based loan forgiveness request submitted under paragraph (2) are not specifically appropriated under an appropriations Act or other law during the fiscal year for which the request is submitted— (A) the request shall expire; and (B) if the Secretary desires the request to be reconsidered in a future fiscal year, the Secretary shall resubmit the request for such fiscal year. .

Debt Cancellation Accountability Act of 2023

Access to Prescription Digital Therapeutics Act of 2023 This bill provides for Medicare and Medicaid coverage of prescription digital therapeutics (i.e., software applications that are used to prevent, manage, or treat medical conditions). The Centers for Medicare & Medicaid Services must establish a Medicare payment methodology for payments to manufacturers that takes into account certain factors (e.g., ongoing use); manufacturers must report specified information about private payors, subject to civil penalties.

117 S723 IS: Access to Prescription Digital Therapeutics Act of 2023 U.S. Senate 2023-03-08 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 118th CONGRESS 1st Session S. 723 IN THE SENATE OF THE UNITED STATES March 8, 2023 Mrs. Shaheen Mrs. Capito Mr. Booker Mrs. Blackburn Committee on Finance A BILL To amend titles XVIII and XIX of the Social Security Act to provide for coverage of prescription digital therapeutics under such titles, and for other purposes. 1. Short title This Act may be cited as the Access to Prescription Digital Therapeutics Act of 2023 2. Coverage and payment of prescription digital therapeutics under the Medicare program (a) Prescription digital therapeutic defined Section 1861 of the Social Security Act ( 42 U.S.C. 1395x (nnn) Prescription digital therapeutic The term prescription digital therapeutic (1) is cleared or approved under section 510(k), 513(f)(2), or 515 of the Federal Food, Drug, and Cosmetic Act; (2) has a cleared or approved indication for the prevention, management, or treatment of a medical disease, condition, or disorder; (3) primarily uses software to achieve its intended result; and (4) is a device that is exempt from section 502(f)(1) of the Federal Food, Drug, and Cosmetic Act under section 801.109 of title 21 of the Code of Federal Regulations (or any successor regulation). . (b) Coverage as medical and other health service Section 1861(s)(2) of the Social Security Act ( 42 U.S.C. 1395x(s)(2) (1) in subparagraph (II), by striking and (2) in subparagraph (JJ), by adding and (3) by adding at the end the following new subparagraph: (KK) prescription digital therapeutics furnished on or after January 1, 2024; . (c) Requirements for prescription digital therapeutics under Medicare Part B of the Social Security Act ( 42 U.S.C. 1395j et seq. 1834B. Requirements for prescription digital therapeutics (a) Payment (1) In general Not later than 1 year after the date of enactment of this section, the Secretary shall establish a payment methodology for manufacturers of prescription digital therapeutics, which may consist of a one-time payment or periodic payments, as determined appropriate by the Secretary. (2) Considerations for payment methodology For purposes of establishing the payment methodology under paragraph (1), the Secretary shall consider— (A) the actual list charge of such prescription digital therapeutic; (B) the weighted median (calculated by arraying the distribution of all payment rates reported for the most recent period for which such rates were reported under subsection (c)(1) for each prescription digital therapeutic weighted by volume for each payor and each manufacturer) for such prescription digital therapeutic; (C) in the case of a prescription digital therapeutic that requires ongoing use, the amount for such ongoing use; and (D) other factors as determined by the Secretary. (b) Coding (1) In general Not later than 2 years after the date of enactment of this section, the Secretary shall establish product-specific HCPCS codes for prescription digital therapeutic covered under this title. (2) Temporary code The Secretary shall adopt temporary product-specific HCPCS codes for purposes of providing payment under this title until a permanent product-specific HCPCS code has been established under paragraph (1). (c) Manufacturer reporting (1) In general Beginning on January 1, 2024, each manufacturer of a prescription digital therapeutic covered under this title shall submit to the Secretary, at such time and in such manner as specified by the Secretary, and annually thereafter, a report describing— (A) the payment rate that was paid by each private payor for each prescription digital therapeutic during the period specified by the Secretary; (B) the volume of such prescription digital therapeutic distributed to each such payor for such period; and (C) the number of individual users of such prescription digital therapeutic for such period. (2) Treatment of discounts The payment rate reported by a manufacturer in accordance with paragraph (1)(A) shall reflect all discounts, rebates, coupons, and other price concessions, including those described in section 1847A(c)(3). (3) Civil monetary penalty (A) In general If the Secretary determines that a manufacturer has failed to report, or made a misrepresentation or omission in reporting, information under this subsection with respect to a prescription digital therapeutic, the Secretary may apply a civil money penalty in an amount of up to $10,000 per day for each failure to report or each such misrepresentation or omission. (B) Application The provisions of section 1128A (other than subsections (a) and (b)) shall apply to a civil money penalty under this paragraph in the same manner as they apply to a civil money penalty or proceeding under section 1128A(a). (4) Confidentiality Information reported under this subsection shall be treated in the same manner in which information disclosed by a manufacturer or a wholesaler of a covered outpatient drug is treated under section 1927(b)(3)(D). (d) Definitions For purposes of this section: (1) Actual list charge The term actual list charge (2) HCPCS The term HCPCS (3) Manufacturer The term manufacturer (4) Prescription digital therapeutic The term prescription digital therapeutic (5) Private payor The term private payor . 3. Coverage of prescription digital therapeutics under the Medicaid program (a) In general Section 1905(a) of the Social Security Act ( 42 U.S.C. 1396d(a) (1) in paragraph (30), by striking ; and (2) by redesignating paragraph (31) as paragraph (32); and (3) by inserting the following paragraph after paragraph (30): (31) prescription digital therapeutics (as defined in section 1861(nnn)); and . (b) Conforming amendments Effective the day after the amendments made by sections 5121 and 5122 of division FF of the Consolidated Appropriations Act, 2023 ( Public Law 117–328 (1) subsections (a)(84)(A) and (nn)(3) of section 1902 of the Social Security Act ( 42 U.S.C. 1396a paragraph (31) the last numbered paragraph (2) the fifth sentence of section 1905(a) of such Act ( 42 U.S.C. 1396d(a) paragraph (30) the last numbered paragraph

Access to Prescription Digital Therapeutics Act of 2023

Preventing Child Sex Abuse Act of 2023 This bill makes changes to the federal law prohibiting child sexual tourism. First, the bill revises the specific intent required for certain offenses involving interstate or foreign travel to engage in or facilitate illicit sexual conduct. Specifically, this bill requires the government to prove that an individual traveled (or facilitated travel) with the intent to engage in illicit sexual conduct (currently, with a motivating purpose of engaging in illicit sexual conduct). Further, it specifies that the term intent is to be construed as any intention to engage in illicit sexual conduct at the time of the travel. Second, the bill establishes new criminal offenses for acts in furtherance of illicit sexual conduct by an officer, director, employee, or agent of an organization through his or her connection to or affiliation with the organization. A violation is subject to a fine, a prison term of up to 30 years, or both. Finally, the bill specifies that the term sexual activity for which any person can be charged with a criminal offense does not require interpersonal physical contact.

118 S724 ES: Preventing Child Sex Abuse Act of 2023 U.S. Senate text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. 118th CONGRESS 1st Session S. 724 IN THE SENATE OF THE UNITED STATES AN ACT To protect children against sexual abuse and exploitation, and for other purposes. 1. Short title This Act may be cited as the Preventing Child Sex Abuse Act of 2023 2. Sense of Congress The sense of Congress is the following: (1) The safety of children should be a top priority for public officials and communities in the United States. (2) According to the Rape, Abuse & Incest National Network, an individual in the United States is sexually assaulted every 68 seconds. And every 9 minutes, that victim is a child. Meanwhile, only 25 out of every 1,000 perpetrators will end up in prison. (3) The effects of child sexual abuse can be long-lasting and affect the victim’s mental health. (4) Victims are more likely than non-victims to experience the following mental health challenges: (A) Victims are about 4 times more likely to develop symptoms of drug abuse. (B) Victims are about 4 times more likely to experience post-traumatic stress disorder as adults. (C) Victims are about 3 times more likely to experience a major depressive episode as adults. (5) The criminal justice system should and has acted as an important line of defense to protect children and hold perpetrators accountable. (6) However, the horrific crimes perpetuated by Larry Nassar demonstrate firsthand the loopholes that still exist in the criminal justice system. While Larry Nassar was found guilty of several State-level offenses, he was not charged federally for his illicit sexual contact with minors, despite crossing State and international borders to commit this conduct. (7) The Department of Justice has also identified a growing trend of Americans who use charitable or missionary work in a foreign country as a cover for sexual abuse of children. (8) It is the intent of Congress to prohibit Americans from engaging in sexual abuse or exploitation of minors under the guise of work, including volunteer work, with an organization that affects interstate or foreign commerce, such as an international charity. (9) Federal law does not require that an abuser’s intention to engage in sexual abuse be a primary, significant, dominant, or motivating purpose of the travel. (10) Child sexual abuse does not require physical contact between the abuser and the child. This is especially true as perpetrators turn increasingly to internet platforms, online chat rooms, and webcams to commit child sexual abuse. (11) However, a decision of the United States Court of Appeals for the Seventh Circuit found the use of a webcam to engage in sexually provocative activity with a minor did not qualify as sexual activity (12) Congress can address this issue by amending the definition of the term sexual activity (13) It is the duty of Congress to provide clearer guidance to ensure that those who commit crimes against children are prosecuted to the fullest extent of the law. 3. Interstate child sexual abuse Section 2423 of title 18, United States Code, is amended— (1) in subsection (b), by striking with a motivating purpose of engaging in any illicit sexual conduct with another person with intent to engage in any illicit sexual conduct with another person (2) by redesignating subsections (d), (e), (f), and (g) as subsections (e), (f), (g), and (i), respectively; (3) in subsection (e), as so redesignated, by striking with a motivating purpose of engaging in any illicit sexual conduct with intent to engage in any illicit sexual conduct (4) by inserting after subsection (g), as so redesignated, the following: (h) Rule of construction As used in this section, the term intent . 4. Abuse under the guise of charity Section 2423 of title 18, United States Code, as amended by section 3 of this Act, is amended— (1) by inserting after subsection (c) the following: (d) Illicit sexual conduct in connection with certain organizations Any citizen of the United States or alien admitted for permanent residence who— (1) is an officer, director, employee, or agent of an organization that affects interstate or foreign commerce; (2) makes use of the mails or any means or instrumentality of interstate or foreign commerce through the connection or affiliation of the person with such organization; and (3) commits an act in furtherance of illicit sexual conduct through the connection or affiliation of the person with such organization, shall be fined under this title, imprisoned for not more than 30 years, or both. ; (2) in subsection (f), as so redesignated, by striking or (d) (d), or (e) (3) in subsection (i), as so redesignated, by striking (f)(2) (g)(2) 5. Sexual activity with minors Section 2427 of title 18, United States Code, is amended by inserting does not require interpersonal physical contact, and includes Passed the Senate March 8, 2023. Secretary

Preventing Child Sex Abuse Act of 2023

Financing Lead Out of Water Act of 2023 This bill allows the issuance of tax-exempt private activity bonds to finance the replacement of any privately-owned portion of a lead service line in a public water system. Specifically, the bill provides that the use of proceeds from such bonds for replacement of a lead service line does not constitute private business use.

118 S726 IS: Financing Lead Out of Water Act of 2023 U.S. Senate 2023-03-09 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 118th CONGRESS 1st Session S. 726 IN THE SENATE OF THE UNITED STATES March 9, 2023 Mr. Bennet Mr. Cardin Mr. Brown Mrs. Feinstein Mr. Booker Ms. Klobuchar Mr. Van Hollen Committee on Finance A BILL To amend the Internal Revenue Code of 1986 to modify the private business use requirements for bonds issued for lead service line replacement projects. 1. Short title This Act may be cited as the Financing Lead Out of Water Act of 2023 2. Modification of private business use requirements for certain bonds (a) In general Section 141(b)(6) (D) Clarification relating to qualified lead service line replacement use (i) In general For purposes of this subsection, qualified lead service line replacement use shall not constitute private business use. (ii) Definitions For purposes of this subparagraph— (I) Qualified lead service line replacement use The term qualified lead service line replacement use (II) Lead service line The term lead service line (III) National primary drinking water regulation for lead The term national primary drinking water regulation for lead (IV) Public water system The term public water system . (b) Effective date The amendments made by this section shall apply to obligations issued after December 31, 2023.

Financing Lead Out of Water Act of 2023

Insulin for All Act of 2023 This bill caps the manufacturer price of insulin at $20 per 1,000 units.

118 S727 IS: Insulin for All Act of 2023 U.S. Senate 2023-03-09 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 118th CONGRESS 1st Session S. 727 IN THE SENATE OF THE UNITED STATES March 9, 2023 Mr. Sanders Mr. Merkley Mr. Markey Committee on Health, Education, Labor, and Pensions A BILL To limit the price charged by manufacturers for insulin. 1. Short title This Act may be cited as the Insulin for All Act of 2023 2. Limitation on price of insulin (a) In general Notwithstanding any other provision of law, the price charged by manufacturers of insulin for insulin that is sold in the United States may not exceed $20 per 1000 units of insulin, which may be contained in one or more vials, pens, cartridges, or other forms of delivery. (b) Insulin defined In this section, the term insulin 42 U.S.C. 262

Insulin for All Act of 2023

Biochar Research Network Act of 2023 This bill directs the Agricultural Research Service (ARS) to establish a biochar research network of not more than 20 research sites or facilities to test the impact of biochar across various soil types, application methods, and climates to learn more about its potential to benefit agriculture, forestry, and the environment. Eligible entities for the research network include (1) state agriculture and forestry experiment stations, and (2) research facilities of the ARS, the Forest Service, and the Departments of Energy, Commerce, and the Interior. Biochar is created by heating biomass (e.g., wood, grass, and manure) in a low-oxygen environment and can be applied to soil to sequester carbon and improve soil health.

118 S732 IS: Biochar Research Network Act of 2023 U.S. Senate 2023-03-09 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 118th CONGRESS 1st Session S. 732 IN THE SENATE OF THE UNITED STATES March 9, 2023 Mr. Grassley Mr. Tester Mr. Thune Mr. Brown Committee on Agriculture, Nutrition, and Forestry A BILL To amend the Agricultural Research, Extension, and Education Reform Act of 1998 to direct the Secretary of Agriculture to establish a national biochar research network, and for other purposes. 1. Short title This Act may be cited as the Biochar Research Network Act of 2023 2. National biochar research network Title IV of the Agricultural Research, Extension, and Education Reform Act of 1998 is amended by inserting before section 404 ( 7 U.S.C. 7624 403. National biochar research network (a) Establishment The Secretary shall establish a national biochar research network (referred to in this section as the research network (1) to assess the soil carbon sequestration potential of various biochars and management systems integrating biochar use; (2) to understand how to use biochar productively to contribute to climate mitigation, crop production, resilience to extreme weather events, ecosystem and soil health, natural resource conservation, and farm profitability; and (3) to deliver science-based, region-specific, cost-effective, and practical information to farmers, ranchers, foresters, land reclamation managers, urban land managers, and other land and natural resource managers and businesses on sustainable biochar production and application. (b) Scope (1) In general The research network shall encompass— (A) agriculture, horticulture, rangeland, forestry, and other biochar uses; and (B) a broad range of feedstocks, production processes, and application treatments. (2) Research The research conducted by the research network shall include— (A) cross-site and mechanistic experiments— (i) to fill critical knowledge gaps and gain a more complete understanding of the impact of various types of biochar in varying site conditions on soil properties, plant growth, greenhouse gas emissions, and carbon sequestration in different soils, climates, and other natural and agronomic conditions; (ii) to provide mechanistic and technoeconomic insights on thermochemical conversion processes in biochar production and the coproduction of biochar and bioenergy, including interactions of feedstock properties with reactor conditions and processes on the relative proportions and properties of biochar, biofuels, and value-added coproducts, as well as process efficiency; (iii) to generate data to develop, calibrate, and validate robust mechanistic models to predict the full life cycle of greenhouse gas, crop response, and related agronomic and environmental implications of particular applications of biochar; (iv) to generate data to help guide the design of new, more efficient biochar and bioenergy production reactors and biorefineries; and (v) to generate data to develop, calibrate, and validate testing methodologies for biochar to identify potential contaminants or other factors that may cause unintended consequences; and (B) site-specific farm and forestry systems assessments and pilot-scale biochar production and application systems— (i) to refine the most promising soil-based uses, sources, and methods of producing and applying biochar in particular regions— (I) to enhance productivity; (II) to increase profitability, scalability, and portability; (III) to reduce greenhouse gas emissions; (IV) to improve ecosystem and soil health; (V) to strengthen resilience to extreme weather events; and (VI) to explore soil, crop, climate, management, and biochar interactions; (ii) to develop new knowledge to support decisions on sustainable production and use of biochar; (iii) to collect relevant data needed for full life cycle greenhouse gas and economic analyses and complete those analysis; (iv) to predict plant response, soil health, soil carbon sequestration, ecosystem health, water quality, greenhouse gas, and economic outcomes for specific implementations of biochar technology; (v) to provide data to evaluate local biomass feedstocks, support selection of sustainable biochar production methods, and address biochar production issues; and (vi) to share research results to inform farmers, horticulturalists, ranchers, foresters, urban biochar users, extension agents and specialists, and technical assistance providers on the most advantageous ways to use biochar to increase profitability, raise productivity, lower costs, improve soil and plant health, and enhance resilience to extreme weather events while contributing to carbon sequestration and greenhouse gas reductions. (c) Eligibility An entity shall be eligible to be selected to conduct research as part of the research network if the entity is— (1) a State agricultural experiment station or a State forestry experiment station; (2) a research facility of the Agricultural Research Service, the Forest Service, or any other agency of the Department of Agriculture that the Secretary determines to be appropriate; or (3) a research facility of the Department of Energy, the Department of Commerce, or the Department of the Interior. (d) Administration (1) In general The research network shall be administered by the Administrator of the Agricultural Research Service, in partnership with— (A) the Chief of the Forest Service; (B) the Director of the National Institute of Food and Agriculture; (C) the Secretary of Energy; (D) the Secretary of Commerce; (E) the Secretary of the Interior; and (F) such other agencies of the Department of Agriculture as the Secretary determines to be appropriate. (2) Conservation The Secretary, acting through the Chief of the Natural Resources Conservation Service— (A) may develop or revise practice standards informed by the research conducted by the research network; and (B) shall coordinate the activities of the research network with— (i) the development, expansion, and refinement of conservation practice standards for biochar production and use for soil and forest health, climate adaptation and mitigation, and other conservation purposes; and (ii) improvements and expansion of conservation program technical and financial support for biochar production, application, and integration into soil health management systems and other conservation approaches. (e) Authorization of appropriations There is authorized to be appropriated to carry out this section $50,000,000 for each of fiscal years 2023 through 2028. .

Biochar Research Network Act of 2023

Promoting Precision Agriculture Act of 2023 This bill requires the Department of Agriculture (USDA) to develop voluntary standards for precision agriculture (i.e., managing, tracking, or reducing crop or livestock production inputs, including seed, feed, fertilizer, chemicals, water, and time at a heightened level of spatial and temporal granularity to improve efficiencies, reduce waste, and maintain environmental quality). USDA, in consultation with the National Institute of Standards and Technology (NIST), must develop voluntary, consensus-based, private sector-led interconnectivity standards and best practices for precision agriculture to promote economies of scale and ease the burden of adoption. USDA must (1) coordinate with relevant public and trusted private sector stakeholders and relevant industry organizations, and (2) consult with sector-specific agencies and state and local governments. Further, in developing the standards, USDA must, in consultation with NIST and the Federal Communications Commission, consider the connectivity needs of precision agriculture equipment, cybersecurity challenges facing precision agriculture, and the impact of artificial intelligence on this area. The Government Accountability Office must periodically assess and report on the standards.

115 S734 IS: Promoting Precision Agriculture Act of 2023 U.S. Senate 2023-03-09 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 118th CONGRESS 1st Session S. 734 IN THE SENATE OF THE UNITED STATES March 9, 2023 Mr. Thune Mr. Warnock Committee on Agriculture, Nutrition, and Forestry A BILL To enhance the participation of precision agriculture in the United States, and for other purposes. 1. Short title This Act may be cited as the Promoting Precision Agriculture Act of 2023 2. Definitions In this Act: (1) 3GPP The term 3GPP (2) Advanced wireless communications technology The term advanced wireless communications technology (3) Artificial intelligence The term artificial intelligence Public Law 115–232 (4) Foreign adversary The term foreign adversary (5) Precision agriculture The term precision agriculture (6) Precision agriculture equipment The term precision agriculture equipment (A) global positioning system-based or geospatial mapping; (B) satellite or aerial imagery; (C) yield monitors; (D) soil mapping; (E) sensors for gathering data on crop, soil, and livestock conditions; (F) Internet of Things and technology that relies on edge and cloud computing; (G) data management software and advanced analytics; (H) network connectivity products and solutions, including public and private wireless networks; (I) global positioning system guidance, auto-steer systems, autonomous fleeting, and other machine-to-machine operations; (J) variable rate technology for applying inputs, such as section control; and (K) any other technology that leads to a reduction in, or improves efficiency of, crop and livestock production inputs, which may include— (i) seed; (ii) feed; (iii) fertilizer; (iv) chemicals; (v) water; (vi) time; (vii) fuel; (viii) emissions; and (ix) such other inputs as the Secretary determines to be appropriate. (7) Secretary The term Secretary (8) Trusted The term trusted (9) Voluntary consensus standards development organization (A) In general The term voluntary consensus standards development organization Federal Participation in the Development and Use of Voluntary Consensus Standards and in Conformity Assessment Activities (B) Inclusions The term voluntary consensus standards development organization 3. Purposes The purposes of this Act are— (1) to enhance the participation of precision agriculture in the United States; and (2) to promote United States leadership in voluntary consensus standards development organizations that set standards for precision agriculture. 4. Interconnectivity standards for precision agriculture (a) In general Not later than 2 years after the date of enactment of this Act, the Secretary, in consultation with the Director of the National Institute of Standards and Technology, shall— (1) develop voluntary, consensus-based, private sector-led interconnectivity standards, guidelines, and best practices for precision agriculture that will promote economies of scale and ease the burden of the adoption of precision agriculture; and (2) in carrying out paragraph (1)— (A) coordinate with relevant public and trusted private sector stakeholders and other relevant industry organizations, including voluntary consensus standards development organizations; and (B) consult with sector-specific agencies, other appropriate agencies, and State and local governments. (b) Considerations The Secretary, in carrying out subsection (a), shall, in consultation with the Federal Communications Commission and the Director of the National Institute of Standards and Technology, consider— (1) the evolving demands of precision agriculture; (2) the connectivity needs of precision agriculture equipment; (3) the cybersecurity challenges facing precision agriculture, including cybersecurity threats for agriculture producers and agriculture supply chains; (4) the impact of advanced wireless communications technology on precision agriculture; and (5) the impact of artificial intelligence on precision agriculture. 5. GAO assessment of precision agriculture standards (a) Study Not later than 1 year after the Secretary develops standards under section 4, and every 2 years thereafter for the following 8 years, the Comptroller General of the United States shall conduct a study that assesses those standards, including the extent to which those standards, as applicable— (1) are voluntary; (2) were developed in coordination with relevant industry organizations, including voluntary consensus standards development organizations; and (3) have successfully encouraged the adoption of precision agriculture. (b) Report The Comptroller General of the United States shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Science, Space, and Technology of the House of Representatives a report that summarizes the findings of each study conducted under subsection (a).

Promoting Precision Agriculture Act of 2023

Providing for Life Act of 2023 This bill revises various programs and supports for families and children related to taxes, health, and other benefits. First, the bill increases the child tax credit to a maximum of $3,500 per child ($4,500 per child under the age of six) and makes permanent the increased income threshold over which the credit phases out. The bill further eliminates the federal deduction for certain state and local taxes (SALT deduction) and makes the adoption tax credit refundable. The bill allows parents to use a portion of their Social Security benefits for up to three months of paid parental leave after the birth or adoption of a child. Additionally, the bill requires Supplemental Nutrition Assistance Program (SNAP) recipients to cooperate with states in establishing child support orders. It also provides additional workforce training for noncustodial parents with child support obligations. States must establish requirements for the biological father of a child to pay, at the mother's request, at least 50% of reasonable out-of-pocket medical expenses associated with the mother's pregnancy and delivery. The bill requires institutions of higher education to provide students with certain information about the resources and services (excluding abortion services) available to pregnant students. Additionally, the bill provides grants for community-based maternal mentoring programs and for pregnancy resource centers that do not provide abortions; requires the Department of Health and Human Services to publish a website with specified pregnancy-related information; and extends from one to two years the postpartum benefit eligibility period under the Special Supplemental Nutrition Program for Women, Infants, and Children (WIC).

118 S74 IS: Providing for Life Act of 2023 U.S. Senate 2023-01-25 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 118th CONGRESS 1st Session S. 74 IN THE SENATE OF THE UNITED STATES January 25, 2023 Mr. Rubio Committee on Finance A BILL To provide support and assistance to unborn children, pregnant women, parents, and families. 1. Short title; table of contents (a) Short title This Act may be cited as the Providing for Life Act of 2023 (b) Table of contents The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Permanent extension and modification of special rules for child tax credit. Sec. 3. Treatment of unborn children. Sec. 4. Denial of deduction for State and local taxes of individuals. Sec. 5. Refundable adoption tax credit. Sec. 6. Parental leave benefits. Sec. 7. Cooperation with child support agencies as eligibility factor under supplemental nutrition assistance program. Sec. 8. Workforce development programs for non-custodial parents. Sec. 9. Requiring biological fathers to pay child support for medical expenses incurred during pregnancy and delivery. Sec. 10. Pregnant students' rights, accommodations, and resources. Sec. 11. Grants for community-based maternal mentoring programs. Sec. 12. Equal treatment for religious organizations in social services. Sec. 13. Awareness for expecting mothers. Sec. 14. WIC reform. Sec. 15. Pregnancy resource centers. 2. Permanent extension and modification of special rules for child tax credit (a) In general Section 24 (a) Allowance of credit There shall be allowed as a credit against the tax imposed by this chapter for the taxable year an amount equal to the sum of— (1) $3,500 for each qualifying child of the taxpayer ($4,500 in the case of a qualifying child who has not attained age 6 as of the close of the calendar year in which the taxable year of the taxpayer begins), and (2) in the case of any taxable year beginning before January 1, 2026, $500 for each qualifying dependent (other than a qualifying child) of the taxpayer. (b) Limitation based on adjusted gross income The amount of the credit allowable under subsection (a) shall be reduced (but not below zero) by $50 for each $1,000 (or fraction thereof) by which the taxpayer's modified adjusted gross income exceeds $400,000 in the case of a joint return ($200,000 in any other case). For purposes of the preceding sentence, the term “modified adjusted gross income” means adjusted gross income increased by any amount excluded from gross income under section 911, 931, or 933. (c) Qualifying child; qualifying dependent For purposes of this section— (1) Qualifying child The term qualifying child (A) who is a qualifying child (as defined in section 152(c)) of the taxpayer, (B) who has not attained age 18 at the close of the calendar year in which the taxable year of the taxpayer begins, and (C) whose name and social security number are included on the taxpayer’s return of tax for the taxable year. (2) Qualifying dependent The term qualifying dependent resident of the United States (3) Social security number defined For purposes of this subsection, the term social security number (A) to a citizen of the United States or pursuant to subclause (I) (or that portion of subclause (III) that relates to subclause (I)) of section 205(c)(2)(B)(i) of the Social Security Act, and (B) on or before the due date of filing such return. . (b) Portion of credit refundable Section 24(d)(1) (1) by striking subparagraph (A) and inserting the following: (A) the credit which would be allowed under this section determined— (i) without regard to subsection (a)(2), and (ii) without regard to this subsection (other than this subparagraph) and the limitation under section 26(a), or , and (2) in subparagraph (B), by striking 15 percent of so much of the taxpayer's earned income (within the meaning of section 32) which is taken into account in computing taxable income for the taxable year as exceeds $3,000 15.3 percent of the taxpayer's earned income (within the meaning of section 32) which is taken into account in computing taxable income (c) Conforming amendments (1) Section 24(e) (e) Taxpayer identification requirement No credit shall be allowed under this section if the identifying number of the taxpayer was issued after the due date for filing the return of tax for the taxable year. . (2) Section 24 of such Code is amended by striking subsection (h). (d) Repeal of certain later enacted provisions (1) Section 24 (2) Chapter 77 of such Code is amended by striking section 7527A (and by striking the item relating to section 7527A in the table of sections for such chapter). (3) Section 26(b)(2) of such Code is amended by inserting and , and (4) Section 3402(f)(1)(C) of such Code is amended by striking section 24 (determined after application of subsection (j) thereof) section 24(a) (5) Section 6211(b)(4)(A) of such Code is amended— (A) by striking 24 by reason of subsections (d) and (i)(1) thereof 24(d) (B) by striking 6428B, and 7527A and 6428B (6) Paragraph (2) of section 1324(b) of title 31, United States Code, is amended by striking 6431, or 7527A or 6431 (e) Effective date The amendments made by this section shall apply to taxable years beginning after December 31, 2022. 3. Treatment of unborn children (a) In general Section 24 (h) Credit allowed with respect to unborn children For purposes of this section— (1) In general The term qualifying child (2) Retroactive or double credit allowed in certain cases to ensure equal access to the credit for unborn children (A) In general In the case of a qualifying child of an eligible taxpayer who is born alive and with respect to whom the credit under this section is not claimed under paragraph (1) for the taxable year described in such paragraph, for the taxable year in which the child is born alive, with respect to such child— (i) the amount of the credit allowed (before the application of this subsection) under subsection (a), and (ii) the amount of the credit allowed (before the application of this subsection) under subsection (d)(1), shall each be increased by the amount of the credit which would have been allowed under each such subsection respectively with respect to such child for the preceding taxable year if such child had been treated as a qualifying child of the taxpayer for such preceding year. (B) Special rule for splitting of credit In the case of a child otherwise described in subparagraph (A) who, but for this subparagraph, would not be treated as a qualifying child of the eligible taxpayer for the taxable year in which such child is born alive— (i) subparagraph (A) shall not apply with respect to such child, (ii) such child shall be treated as a qualifying child for purposes of this section for such taxable year of— (I) the eligible taxpayer, and (II) any other taxpayer with respect to whom such child would, without regard to this subparagraph, be treated as a qualifying child, and (iii) in the case of the eligible taxpayer, the amount of the credit allowed under subsection (a) and the amount of the credit allowed under subsection (d)(1) for such taxable year shall each be equal to the amount of the credit which would have been allowed under each such subsection respectively with respect to such child for the preceding taxable year if such child had been treated as a qualifying child of the eligible taxpayer for such preceding year. (3) Definitions For purposes of this subsection— (A) Born alive The term born alive (B) Eligible taxpayer The term eligible taxpayer (i) with respect to a child, is the mother who— (I) carries or carried such child in the womb, and (II) is the biological mother of such child or initiated the pregnancy with the intention of bearing and retaining custody of and parental rights to such child (or acted to such effect), or (ii) in the case of a joint return, is the husband of such mother, but only if such taxpayer includes on the return of tax for the taxable year the social security number of such taxpayer (of at least 1 of such mother or husband, in the case of a joint return). (C) Social security number The term social security number (D) Unborn child The term unborn child . (b) Effective date The amendment made by this section shall apply to children born alive in taxable years beginning after December 31, 2022. 4. Denial of deduction for State and local taxes of individuals (a) In general Section 164(b)(6) (6) Limitation on deduction of certain taxes for individuals (A) In general In the case of an individual, no deduction shall be allowed for taxes— (i) described in paragraphs (1), (2), or (3) of subsection (a), or (ii) described in paragraph (5) of this subsection. (B) Exceptions Subparagraph (A) shall not apply to— (i) any foreign taxes described in subsection (a)(3), or (ii) any taxes described in paragraph (1) and (2) of subsection (a) which are paid or accrued in carrying on a trade or business or an activity described in section 212. (C) Special rule For purposes of subparagraph (A), an amount paid in a taxable year beginning before January 1, 2023, with respect to a State or local income tax imposed for a taxable year beginning after December 31, 2022, shall be treated as paid on the last day of the taxable year for which such tax is so imposed. . (b) Effective date The amendment made by this section shall apply to taxable years beginning after December 31, 2022. 5. Refundable adoption tax credit (a) Credit made refundable (1) Credit moved to subpart relating to refundable credits The Internal Revenue Code of 1986 is amended— (A) by redesignating section 23 as section 36C, and (B) by moving section 36C (as so redesignated) from subpart A of part IV of subchapter A of chapter 1 to the location immediately before section 37 in subpart C of part IV of subchapter A of chapter 1. (2) Conforming Amendments (A) Section 25(e)(1)(C) of such Code is amended by striking sections 23 and 25D section 25D (B) Section 36C of such Code, as so redesignated, is amended— (i) in subsection (b)(2)(A), by striking (determined without regard to subsection (c)) (ii) by striking subsection (c), and (iii) by redesignating subsections (d) through (i) as subsections (c) through (h), respectively. (C) Section 137 of such Code is amended— (i) in subsection (d), by striking section 23(d) section 36C(c) (ii) in subsection (e), by striking subsections (e), (f), and (g) of section 23 subsections (d), (e), and (f) of section 36C (D) Section 1016(a)(26) of such Code is amended by striking 23(g) 36C(f) (E) Section 6211(b)(4)(A) of such Code is amended by inserting 36C, 36B, (F) The table of sections for subpart A of part IV of subchapter A of chapter 1 of such Code is amended by striking the item relating to section 23. (G) Paragraph (2) of section 1324(b) of title 31, United States Code, is amended by inserting 36C, 36B, (H) Paragraph (33) of section 471(a) of the Social Security Act ( 42 U.S.C. 671(a) section 23 section 36C (I) The table of sections for subpart C of part IV of subchapter A of chapter 1 Sec. 36C. Adoption expenses. (b) Third-Party affidavits Section 36C(h) (1) by striking such regulations such regulations and guidance (2) by striking including regulations which treat including regulations and guidance which— (1) treat , (3) by striking the period at the end and inserting , and (4) by adding at the end the following: (2) provide for a standardized third-party affidavit for purposes of verifying a legal adoption— (A) of a type with respect to which qualified adoption expenses may be paid or incurred, or (B) involving a child with special needs for purposes of subsection (a)(3). . (c) Effective date The amendments made by this section shall apply to taxable years beginning after December 31, 2022. (d) Transitional rule To treat carryforward as refundable credit In the case of any excess described in section 23(c) 6. Parental leave benefits (a) In general Title II of the Social Security Act is amended by inserting after section 218 the following: 219. Parental leave benefits (a) In general Every individual— (1) who has— (A) not less than 8 quarters of coverage, 4 of which are credited to calendar quarters during the calendar year preceding the calendar year in which the 1st month of the benefit period described in subsection (c) occurs; or (B) not less than 12 quarters of coverage; and (2) who has filed an application for a parental leave benefit with respect to a qualified child of the individual, shall be entitled to a parental leave benefit with respect to such qualified child. (b) Benefit amount Such individual’s parental leave benefit shall be an amount equal to the product of— (1) the number of benefit months (not to exceed 3) selected by the individual in the individual’s application for a parental leave benefit, multiplied by (2) an amount equal to the primary insurance amount for the individual that would be determined under section 215 if— (A) the individual had attained age 62 in the first month of the individual’s benefit period; and (B) the individual had become entitled to an old-age insurance benefit under section 202 beginning with such month. For the purposes of the preceding sentence, the elapsed years referred to in section 215(b)(2)(B)(iii) shall not include the year in which the individual's benefit period begins, or any year thereafter. (c) Payment of benefit (1) Selection of number of benefit months In filing an application for a parental leave benefit under this section, an individual shall select the number of months (not to exceed 3) for which the individual will receive a monthly payment under such parental leave benefit (in this section referred to as benefit months (2) Election of benefit months Not later than 14 days before the start of any month in the benefit period of an individual entitled to a parental leave benefit, the individual may elect to treat such month as a benefit month. The number of months in such benefit period treated as benefit months shall equal the number selected in the individual’s benefit application, and the Commissioner may designate any month as a benefit month in any case in which an individual does not elect to treat a sufficient number of months as benefit months before the end of the benefit period. (3) Amount of monthly payment The amount of a monthly payment made in any benefit month within a benefit period to an individual entitled to a parental leave benefit shall be an amount equal to— (A) the amount of the parental leave benefit determined for the individual under subsection (b); divided by (B) the number of benefit months selected by the individual pursuant to paragraph (1) with respect to such benefit. (4) Definition of benefit period For purposes of this section, the term benefit period (d) Benefit application (1) In general The Commissioner shall ensure that the application for a parental leave benefit— (A) includes a notice, clearly written in language that is easily understandable to the reader, explaining that— (i) failure to submit such proof or documentation as the Commissioner may require to demonstrate that the applicant is the parent of the qualified child shall be subject to criminal and civil penalties; (ii) the full cost to the Trust Funds of any amount received by an individual as a parental leave benefit must be repaid through reductions to old-age insurance benefits payable to the individual in subsequent months, or by other means; and (iii) entitlement to a parental leave benefit has no effect on the determination of an individual’s entitlement to leave under the Family and Medical Leave Act of 1993; and (B) requires an attestation by the individual submitting the application that— (i) the individual expects to be the parent of a qualified child throughout the benefit period with respect to such application; (ii) the individual intends to use the benefit to finance spending more time with the qualified child at home and away from employment during the benefit period; and (iii) the individual consents to the terms and conditions specified in the notice described in subparagraph (A). (2) Option to file simultaneous applications The Commissioner of Social Security may establish an option under which an individual may file an application for a parental leave benefit under this section with respect to a qualified child at the same time the individual submits an application for a social security account number for such qualified child. (3) Online availability The Commissioner of Social Security shall, as soon as practicable after the date of enactment of this section, permit an individual to apply for a parental leave benefit through an internet website or other electronic media. (e) Fraud prevention (1) In general The Commissioner of Social Security shall establish procedures to ensure the prevention of fraud with respect to applications for parental leave benefits under this section, including procedures for the submission of such proof or documentation as the Commissioner may require to verify the information contained in such an application. (2) Enforcement In any case in which an individual willfully, knowingly, and with intent to deceive the Commissioner of Social Security fails to comply with the procedures established under paragraph (1), the Commissioner may impose on such individual, in addition to any other penalties that may be prescribed by law— (A) a civil monetary penalty of not more than $7,500 for each such failure; and (B) an assessment, in lieu of any damages sustained by the United States because of such failure, of not more than twice the amount of the cost to the Federal Old-Age and Survivors Insurance Trust Fund of any parental leave benefit paid to the individual. (f) Benefit repayment (1) In general An individual who is paid a parental leave benefit under this section shall repay the full cost of such benefit to the Federal Old-Age and Survivors Insurance Trust Fund (as such amount is determined by the Commissioner) in accordance with this subsection. (2) Old-age insurance benefit offset (A) In general Except as provided in paragraph (3), in the case of any individual described in paragraph (1) who becomes entitled to an old-age insurance benefit, deductions shall be made from each monthly payment of such benefit (not to exceed the first 60 such monthly payments) in such amounts, subject to subparagraph (B), as the Commissioner of Social Security shall determine necessary to fully recover the cost to the Federal Old-Age and Survivors Insurance Trust Fund of any parental leave benefit paid to the individual as of the month in which the individual becomes entitled to an old-age insurance benefit. (B) Notification Not later than the beginning of each calendar year, the Commissioner of Social Security shall notify each individual whose old-age insurance benefits are subject to a deduction under subparagraph (A) during such calendar year of the amount of the deduction that will be applied to each monthly payment of such benefits during the calendar year. (3) Alternative increase of retirement age (A) In general In the case of any individual described in paragraph (1) who becomes entitled to an old-age insurance benefit, such individual may elect, at the time of application for such benefit, to be subject to a retirement age increase in accordance with this paragraph. Such election shall be irrevocable, and an individual who makes such an election shall not be subject to a deduction under paragraph (2) for any month. (B) Retirement age increase Notwithstanding section 216(l)(1), with respect to an individual who makes an election under subparagraph (A), the retirement age of such individual shall be deemed to be— (i) the retirement age determined with respect to the individual under such section; plus (ii) the additional number of months the Commissioner of Social Security shall determine necessary to result in the full recovery of the cost to the Federal Old-Age and Survivors Insurance Trust Fund of any parental leave benefit paid to the individual as of the month in which the individual becomes entitled to an old-age insurance benefit. (C) Increase to earliest entitlement age In the case of an individual who makes an election under subparagraph (A), notwithstanding subsection (a) of section 202, no old-age insurance benefit shall be paid to such individual for any month before the first month throughout which the individual has attained age 62 plus the additional number of months determined for the individual under subparagraph (B)(ii). (4) Other recovery methods In any case in which the Commissioner of Social Security determines that the cost to the Federal Old-Age and Survivors Insurance Trust Fund of a parental leave benefit paid to an individual cannot be fully recovered pursuant to paragraph (2) or (3)— (A) such benefit shall be deemed, upon the making of such determination, to be a payment of more than the correct amount for purposes of section 204; and (B) the Commissioner may recover such amounts by means of any method available to the Commissioner under such section. (5) Projection of repayment amount As soon as practicable after the date of enactment of this section, the Commissioner shall establish a system to make available through an internet website or other electronic media to each individual who is paid a parental leave benefit under this section, beginning with the first month beginning after the individual’s benefit period the projected amount of the deduction to be made from each of the first 60 monthly payments of old-age insurance benefits under paragraph (2), or if the individual so elects, the additional number of months by which the individual’s retirement age would be increased under paragraph (3), in order to fully repay the cost to the Federal Old-Age and Survivors Insurance Trust Fund of any parental leave benefit paid to the individual, and a description of the assumptions used by the Commissioner in making such projection. (g) Relationship with State law; employer benefits (1) In general This section does not preempt or supersede any provision of State or local law that authorizes a State or political subdivision to provide paid parental or family medical leave benefits similar to the benefits provided under this section. (2) Greater benefits allowed Nothing in this Act shall be construed to diminish the obligation of an employer to comply with any contract, collective bargaining agreement, or employment benefit program or plan that provides greater benefits for leave or other leave rights to individuals than the benefits for leave or leave rights established under this Act. (h) Sunset No application for parental leave benefits under this section may be filed in any calendar year if the OASDI trust fund ratio (as defined in section 215(i)) for such calendar year or for the year following such calendar year is projected, based on the intermediate projections in the most recent (as of January 1 of such calendar year) annual report issued under section 201(c)(2), to be less than 20 percent. (i) Definitions For purposes of this section— (1) the term qualified child (A) will not attain 18 years of age before the end of such benefit period; and (B) will be residing with, and under the care of, the individual during the benefit period as determined by the Commissioner. . (b) Conforming amendments (1) Nonpayment provisions Section 202 of the Social Security Act ( 42 U.S.C. 402 (A) in subsection (n)(1)(A), by striking under this section or section 223 under this section, section 219, or section 223 (B) in subsection (t), in paragraphs (1) and (10), by striking under this section or under section 223 under this section, under section 219, or under section 223 (C) in subsection (u)(1), by striking under this section or section 223 under this section, section 219, or section 223 (D) in subsection (x)— (i) in paragraph (1)(A), by striking under this section or under section 223 under this section, under section 219, or under section 223 (ii) in paragraph (2), by striking under this section or section 223 under this section, section 219, or section 223 (2) Delayed retirement credits Section 202(w) of the Social Security Act ( 42 U.S.C. 402(w) age 70 (or, in the case of an individual whose retirement age is increased under section 219(f)(3), age 70 plus the number of months by which the individual's retirement age is so increased) (3) Voluntary suspension of benefits Section 202(z)(1)(A)(ii) of the Social Security Act ( 42 U.S.C. 402(z)(1)(A)(ii) the age of 70 age 70 (or, in the case of an individual whose retirement age is increased under section 219(f)(3), age 70 plus the number of months by which the individual's retirement age is so increased) (4) Number of benefit computation years Section 215(b)(2)(A) of such Act ( 42 U.S.C. 415(b)(2)(A) (A) in clause (i), by striking , and (B) in clause (ii), by striking the period and inserting ; and (C) by inserting after clause (ii) the following: (iii) in the case of an individual who is entitled to a parental leave benefit under section 219, by the number of years equal to one-fifth of such individual's elapsed years (disregarding any resulting fractional part of a year), but not by more than 5 years. . (c) Effective date The amendments made by this section shall apply with respect to applications for parental leave benefits filed after 2024. 7. Cooperation with child support agencies as eligibility factor under supplemental nutrition assistance program Section 6 of the Food and Nutrition Act of 2008 ( 7 U.S.C. 2015 (1) in subsection (l)— (A) in paragraph (1), in the matter preceding subparagraph (A), by striking At the option of a State agency, subject to Subject to (B) in paragraph (2), in the second sentence, by inserting custodial parent and the child (2) in subsection (m)(1), in the matter preceding subparagraph (A), by striking At the option of a State agency, subject to Subject to 8. Workforce development programs for non-custodial parents (a) Grants to States for workforce development programs for non-Custodial parents Beginning with fiscal year 2024, the Secretary shall use the funds made available under subsection (f) to make grants to States to conduct workforce development programs that provide evidence-based work activities, which may include workforce education and support, technical certification programs, subsidized employment, and on-the-job training and education, to eligible non-custodial parents. (b) Application requirements The Secretary shall require each State that applies for a grant under this section to include in the application for the grant the following: (1) A description of the nature and structure of the evidence-based work activities proposed to be provided through a program funded in whole or in part with grant funds, including data and evaluations supporting the effectiveness of such activities in increasing the employment of eligible non-custodial parents. (2) Descriptions of how employers will be recruited to participate in such program and how the State will solicit input from employers in the design and implementation of such program. (3) A description of how the State will promote long-term employment through participation in such program. (4) A description of how the State will prioritize providing evidence-based work activities for low-income, eligible non-custodial parents. (5) Such other information as may the Secretary may require. (c) Other requirements A State receiving funds under this section shall prioritize providing evidence-based work activities through a program funded in whole or in part with such funds for eligible non-custodial parents who are eligible for benefits under the supplemental nutrition assistance program, as defined in section 3(t) of the Food and Nutrition Act of 2008 ( 7 U.S.C. 2012(t) (d) Reports Not later than 12 months after the end of the last fiscal year in which a State expends funds from a grant made under this section, the State shall submit to the Secretary a report that includes the following information: (1) The number of eligible non-custodial parents who participated in a workforce development program funded in whole or in part with such funds. (2) The median monthly earnings of an eligible non-custodial parent participant while participating in any such workforce development program and 6 months after exiting from the program. (3) The percentage of eligible non-custodial parent participants who are employed full-time 6 months after exiting from any such workforce development program. (4) Such other reporting requirements as the Secretary determines would be beneficial to evaluating the impact of workforce development programs funded in whole or in part with grant funds provided under this section. (e) Nonsupplantation Funds provided under this section to a State shall be used to supplement and not supplant any other Federal or State funds which are available for the same general purposes in the State. (f) Funding (1) In general Notwithstanding section 403(b) of the Social Security Act ( 42 U.S.C. 603(b) (2) Availability of funds Funds provided to a State under this section in a fiscal year shall remain available for expenditure by the State through the end of the second succeeding fiscal year. (g) Definitions In this section: (1) Eligible non-custodial parent (A) In general Subject to subparagraph (B), the term eligible non-custodial parent (i) is obligated to pay child support under a support order; (ii) has unpaid, past-due child support obligations; and (iii) has been unemployed or underemployed for any period of time during the 6-month period prior to the individual's participation in a program funded in whole or in part with funds provided to a State under this section. (B) Other eligibility requirements An individual shall not be considered to be an eligible non-custodial parent if the individual is not a citizen of the United States or would not be eligible for the program as a result of the application of title IV of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 ( 8 U.S.C. 1611 et seq. (2) Secretary The term Secretary (3) State The term State 9. Requiring biological fathers to pay child support for medical expenses incurred during pregnancy and delivery (a) In general Section 454 of the Social Security Act ( 42 U.S.C. 654 (1) in paragraph (33), by striking and (2) in paragraph (34), by striking the period and inserting ; and (3) by inserting after paragraph (34), the following: (35) provide that the State shall establish and enforce a child support obligation of the biological father of a child to pay for not less than 50 percent of the reasonable out-of-pocket medical expenses (including health insurance premiums or similar charge, deductions, cost sharing or similar charges, and any other related out-of-pocket expenses) the mother of the child is responsible for that are incurred during, and associated with, the pregnancy and delivery of the child, provided that the mother requests the payment of such support. . (b) Effective date (1) In general Subject to paragraph (2), the amendments made by subsection (a) shall take effect on January 1 of the first calendar year that begins after the date of enactment of this Act. (2) Delay if state legislation required In the case of a State plan under part D of title IV of the Social Security Act which the Secretary of Health and Human Services determines requires State legislation (other than legislation appropriating funds) in order for the plan to meet the additional requirement imposed by the amendments made by this Act, the State plan shall not be regarded as failing to comply with the requirements of such part solely on the basis of the failure of the plan to meet such additional requirement before the first day of the first calendar quarter beginning after the close of the first regular session of the State legislature that begins after the date of enactment of this Act. For purposes of the previous sentence, in the case of a State that has a 2-year legislative session, each year of the session shall be deemed to be a separate regular session of the State legislature. 10. Pregnant students' rights, accommodations, and resources (a) Findings Congress finds the following: (1) Female students who are enrolled at institutions of higher education and experiencing unplanned pregnancies may face pressure that their only option is to receive an abortion or risk academic failure. (2) 27.6 percent of all abortions in the United States are performed on women of college age, between the ages of 20 and 24, according to a 2019 report by the Centers for Disease Control and Prevention. (3) A significant proportion of abortions in the United States are performed on women of college age who may be unaware of their rights under title IX of the Education Amendments of 1972 ( 20 U.S.C. 1681 et seq. (4) Additionally, women on college campuses may fear institutional reprisal, loss of athletic scholarship, and possible negative impact on academic opportunities. (5) An academic disparity exists because of the lack of resources, support, and notifications available for female college students who do not wish to receive an abortion or who carry their unborn babies to term. (b) Notice of pregnant student rights, accommodations, and resources Section 485 of the Higher Education Act of 1965 ( 20 U.S.C. 1092 (n) Pregnant Students’ Rights, Accommodations, and Resources (1) Information dissemination activities; establishment of protocol (A) In general Each public institution of higher education participating in any program under this title shall— (i) in a manner consistent with title IX of the Education Amendments of 1972 ( 20 U.S.C. 1681 et seq. (I) exclude abortion services; (II) may help such a student carry their unborn babies to term; and (III) include information on how to file a complaint with the Department if such a student believes there was a violation of title IX of the Education Amendments of 1972 ( 20 U.S.C. 1681 et seq. (ii) establish a protocol to meet with a student described in clause (i)(III), which shall include a meeting with relevant leadership at the institution of higher education, and other relevant parties. (B) Description of information dissemination requirements The information dissemination activities described in this subparagraph shall include— (i) annual campus-wide emails; or (ii) the provision of information in student handbooks, at each orientation for enrolled students, or on the publicly available website of the institution of higher education. (2) Annual report to Congress (A) In general Each public institution of higher education participating in any program under this title shall— (i) on an annual basis, compile and submit to the Secretary— (I) responses to the questions described in subparagraph (B) from students enrolled at such institution of higher education who voluntarily provided such responses; and (II) a description of any actions taken by the institution of higher education to address each complaint by a student that there was a violation of title IX of the Education Amendments of 1972 ( 20 U.S.C. 1681 et seq. (ii) ensure that any such responses remain confidential and do not reveal any personally identifiable information with respect to a student. (B) Questions for enrolled students The questions described in this subparagraph shall include— (i) if such student experienced an unexpected pregnancy while enrolled at the institution of higher education; (ii) if such student felt there were adequate resources on campus relating to protections, accommodations, and other resources for pregnant students besides abortion-related services; (iii) if such a student believes there was a violation of title IX of the Education Amendments of 1972 ( 20 U.S.C. 1681 et seq. (iv) if such student considered dropping out or withdrawing from classes because of pregnancy, new motherhood, stillbirth, or miscarriage. (C) Report The Secretary shall, on an annual basis— (i) prepare a report that compiles the responses received under subparagraph (A) from each public institution of higher education participating in any program under this title; and (ii) submit such report to the authorizing committees, and the Committees on Appropriations of the House of Representatives and the Senate. . 11. Grants for community-based maternal mentoring programs Title V of the Social Security Act ( 42 U.S.C. 701 et seq. 514. Grants for community-based maternal mentoring programs (a) In general In addition to any other payments made under this title to a State, the Secretary shall make grants to eligible entities to conduct demonstration projects for, and enable such entities to deliver services under, community-based mentoring programs that satisfy the requirements of subsection (c) to eligible mothers in order to promote improvements in maternal and child well-being, financial stewardship, child development, parenting, and access to social services and other community resources. (b) Application The Secretary may not award funds made available under this subsection on a noncompetitive basis, and may not provide any such funds to an entity for the purpose of carrying out a community-based mentoring program unless the entity has submitted an application to the Secretary that includes— (1) a description of how the programs or activities proposed in the application will improve maternal mental and physical health outcomes in a service area identified by the entity, substantially increase the number of eligible mothers in a service area with access to a community-based mentoring relationship, utilize community volunteer mentors, and supplement, including by avoiding duplication with, existing social services and community resources; (2) a description of how the program will partner with other community institutions, including private institutions, in identifying eligible mothers in need of a mentor and, as applicable, creating support communities among eligible mothers; (3) a description of the populations to be served by the entity, including specific information on how the entity will serve eligible mothers who belong to high-risk populations as identified in subsection (d); (4) a description of the maternal and child health indicators, financial well-being, and other needs of populations to be served by the entity as described in paragraph (3), including, to the extent practicable, the prevalence of mentoring opportunities for such populations; (5) the quantifiable benchmarks that will be used to measure program success; (6) a commitment by the entity to consult with experts with a demonstrated history of mentoring and case management success in achieving the outcomes described in subsection (c)(2)(A) in developing the programs and activities; (7) a commitment by the entity to ensure mentors do not refer or counsel in favor of abortions; and (8) such other application information as the Secretary may deem necessary, with the goal of minimizing the application burden on small nongovernmental organizations that would otherwise qualify for the grant. (c) Requirements (1) Core components A community maternal mentoring program conducted with a grant made under this section shall include the following core components: (A) Provision of community-based mentoring relationships for eligible mothers, which may include dedicated individual mentors and networks of peer and community support groups. (B) An individualized needs assessment for each eligible mother participating in the program, to be administered at the outset of the program. (C) Recruitment and utilization of community-based, volunteer mentors. (D) Provision of training to participating mentors to equip them with mentoring best practices and knowledge of public and private resources available to eligible mothers (including public social services). (2) Measurable improvements in benchmark areas (A) In general The eligible entity shall establish, subject to the approval of the Secretary, quantifiable, measurable 3- and 5-year benchmarks demonstrating the program results in improvements for eligible mothers participating in the program in the following areas: (i) The number of eligible mothers in the eligible entity’s service area with access to a community-based mentoring relationship. (ii) Improved maternal and child health, including mental and behavioral health. (iii) Improved financial literacy. (iv) Improved family economic self-sufficiency. (v) Improved coordination and referrals for other community resources and supports, including public and private resources. (B) Demonstration of improvement (i) Report to the Secretary Not later than 30 days after the end of the third year in which the eligible entity conducts the program, the entity shall submit to the Secretary a report describing the program's results in the areas specified in subparagraph (A). (ii) Improvement plan If the report submitted to the Secretary fails to demonstrate improvements in at least 3 of the areas outlined in subparagraph (A), the eligible entity shall develop and implement a plan to improve outcomes in each of the areas specified in subparagraph (A), subject to approval by the Secretary. (iii) No improvement or failure to submit report If, 1 year after an eligible entity submits an improvement plan under clause (ii), the Secretary determines that the entity has failed to demonstrate any improvement in the areas specified in subparagraph (A), or if the Secretary determines that an eligible entity has failed to submit the report required under clause (i), and has not agreed to a reasonable timeline to submit such report under such conditions as may be determined by the Secretary, the Secretary shall terminate the entity’s grant and may reallocate any unpaid grant funds toward future grants provided under this section. (3) Improvements in participant outcomes (A) In general The program is designed, with respect to an eligible mother participating in the program, to result in the participant outcomes described in subparagraph (B) that are relevant to the mother (as determined pursuant to an individualized needs assessment administered to the mother). (B) Participant outcomes The participant outcomes described in this subparagraph are the following: (i) Improvements in prenatal and maternal health, including mental and behavioral health and improved pregnancy outcomes. (ii) Improvements in child health and development, including the prevention of child injuries and maltreatment. (iii) Higher levels of engagement between mothers, children, and their health providers. (iv) Reductions in mothers' stress and anxiety. (v) Improvements in parenting skills. (vi) Improvement in financial literacy skills. (vii) Improvements in child's school readiness and academic achievement. (viii) Improvements in family economic self-sufficiency. (ix) Improvements in the coordination of referrals for, and the provision of, other community resources, including private and public resources, and supports for eligible families. (d) Prioritization An eligible entity receiving a grant under this section shall identify and prioritize high-risk populations in provision of services, including— (1) low-income eligible mothers; (2) eligible mothers who are pregnant women who have not attained the age of 21; (3) eligible mothers from populations with a high risk of maternal morbidity; (4) eligible mothers with a history of substance abuse or victims of domestic abuse; (5) eligible mothers with children with developmental disabilities; and (6) eligible mothers residing in a qualified opportunity zone, as designated under section 1400Z–1 (e) Maintenance of effort Funds provided to an eligible entity under a grant awarded under subsection (a) shall supplement, and not supplant, funds from other sources for maternal mentorship or case management services. (f) Evaluation (1) Ongoing research and evaluation The Secretary shall engage in ongoing research and evaluation activities in order to increase knowledge about the implementation and effectiveness of community maternal mentoring programs. The Secretary may carry out such activities directly, or through grants, cooperative agreements, or contracts, and shall submit a report to Congress not less than annually on the research and evaluation steps being taken to measure the impact and effectiveness of programs funded under this section, as well as any interim outcomes that may be available. (2) Report requirement Not later than 3 years after the date of enactment of this section, the Secretary shall submit a report to Congress on the effectiveness of programs funded with grants under subsection (a) in producing the outcomes described in subsection (c)(3)(B), and shall include in such report recommendations for improving program design and implementation. (g) Technical assistance The Secretary shall provide an eligible entity required to develop and implement an improvement plan under subsection (c)(2)(B) with technical assistance to develop and implement the plan. The Secretary may provide the technical assistance directly or through grants, contracts, or cooperative agreements. (h) No funds to prohibited entities No prohibited entity shall be eligible to receive a grant under subsection (a), or any other funds made available by this section. (i) Protections for participating religious organizations A religious organization shall be eligible to apply for and receive funding for a program under this section on the same basis as a non-religious organization, and a religious organization’s exemptions, in title VII of the Civil Rights Act of 1964 (including exemption from prohibitions in employment discrimination in section 702(a) of that Act ( 42 U.S.C. 2000e–1(a) (j) Authorization of appropriations (1) In general For purposes of carrying out this section, there are authorized to be appropriated $100,000,000 for each of fiscal years 2024 through 2026. (2) Reservations Of the amounts appropriated under this subsection for a fiscal year, the Secretary shall reserve 3 percent for purposes of carrying out subsections (f) and (g). (3) Availability Funds made available to an eligible entity under this section shall remain available for expenditure by the eligible entity through the end of the third fiscal year following the fiscal year in which the funds are awarded to the entity. (k) Definitions In this section: (1) Community-based mentoring relationship The term community-based mentoring relationship (2) Eligible entity The term eligible entity (3) Eligible mother The term eligible mother (A) a woman who is pregnant; or (B) a woman who has primary caregiving responsibilities for a child under the age of 6. (4) Prohibited entity The term prohibited entity . 12. Equal treatment for religious organizations in social services (a) Purposes The purposes of this section are the following: (1) To enable assistance to be provided to individuals and families in need in the most effective manner. (2) To prohibit discrimination against religious organizations in receipt and administration of Federal financial assistance, including the provision of that assistance through federally funded social service programs. (3) To ensure that religious organizations can apply and compete for Federal financial assistance on a level playing field with nonreligious organizations. (4) To provide certainty for religious organizations that receipt of Federal financial assistance will not obstruct or hinder their ability to organize and operate in accordance with their sincerely held religious beliefs. (5) To strengthen the social service capacity of the United States by facilitating the entry of new, and the expansion of existing, efforts by religious organizations in the administration and provision of Federal financial assistance. (6) To protect the religious freedom of, and better serve, individuals and families in need, including by expanding their ability to choose to receive federally funded social services from religious organizations. (b) Provision of services for government programs by religious organizations Title XXIV of the Revised Statutes is amended by inserting after section 1990 ( 42 U.S.C. 1994 1990A. Ensuring equal treatment for religious organizations in Federal provision of social services, grantmaking, and contracting (a) In general For any social services program carried out by the Federal Government, or by a State, local government, or pass-through entity with Federal funds, the entity that awards Federal financial assistance shall consider religious organizations, on the same basis as any other private organization, to provide services for the program. (b) Equal treatment for religious organizations in Federal financial assistance (1) In general A religious organization shall be eligible to apply for and to receive Federal financial assistance to provide services for a social services program on the same basis as a private nonreligious organization. (2) Selection In the selection of recipients for Federal financial assistance for a social services program neither the Federal Government nor a State, local government, or pass-through entity receiving funds for such program may discriminate for or against a private organization on the basis of religion, including the organization's religious character, affiliation, or exercise. (3) Prohibition against improper burden on religious organizations (A) In General Except in the case of another applicable provision of law that requires or provides for a religious exemption or accommodation that is equally or more protective of a religious organization’s religious exercise, the provisions of subparagraphs (B) through (E) shall apply for any social services program administered by the Federal Government or by a State, local government, or pass-through entity. (B) Equal treatment on assurances and notices No document, agreement, covenant, memorandum of understanding, policy, or regulation, relating to Federal financial assistance shall require religious organizations to provide assurances or notices that are not required of private nonreligious organizations. (C) Equal application of restrictions Any restrictions on the use of funds received as Federal financial assistance shall apply equally to religious and private nonreligious organizations. (D) Program requirements All organizations that receive Federal financial assistance for a social services program, including religious organizations, shall carry out eligible activities in accordance with all program requirements, and other applicable requirements governing the conduct of activities funded by the entity that awards Federal financial assistance. (E) No disqualification based on religion No document, agreement, covenant, memorandum of understanding, policy, or regulation, relating to Federal financial assistance shall— (i) disqualify religious organizations from applying for or receiving Federal financial assistance for a social services program on the basis of the organization’s religious character or affiliation, or grounds that discriminate against the organization on the basis of the organization’s religious exercise; or (ii) prohibit the provision of religious activities or services at the same time or location as any program receiving such Federal financial assistance. (c) Religious character and freedom (1) Freedom A religious organization that applies for or receives Federal financial assistance for a social services program shall retain its independence from Federal, State, and local governments, including its autonomy, right of expression, religious character or affiliation, authority over its internal governance, and other aspects of independence. (2) Religious character A religious organization that applies for or receives Federal financial assistance for a social services program may, among other things— (A) retain religious terms in the organization's name; (B) continue to carry out the organization's mission, including the definition, development, practice, and expression of its religious beliefs; (C) use the organization's facilities to provide a program without concealing, removing, or altering religious art, icons, scriptures, or other symbols from the facilities; (D) select, promote, or dismiss the members of the organization’s governing body and the organization’s employees on the basis of their acceptance of or adherence to the religious tenets of the organization; and (E) include religious references in the organization's mission statement and other chartering or governing documents. (d) Rights of covered beneficiaries of services (1) In general Except as otherwise provided in any applicable provision of law that requires or provides for a religious exemption or accommodation that is equally or more protective of a religious organization’s religious exercise, an organization that receives Federal financial assistance under a social services program shall not discriminate against a covered beneficiary in the provision of a federally funded program on the basis of religion, a religious belief, or a refusal to hold a religious belief. (2) Special rule It shall not be considered discrimination under paragraph (1) for a program funded by Federal financial assistance to refuse to modify any components of the program to accommodate a covered beneficiary who participates in the organization’s program. (3) Alternative services If a covered beneficiary has an objection to the character or affiliation of the private organization from which the beneficiary receives, or would receive, services as part of the federally funded social services program, the appropriate Federal, State, or local governmental entity shall provide to such beneficiary (if otherwise eligible for such services) within a reasonable period of time after the date of such objection, a referral for alternative services that— (A) are reasonably accessible to the covered beneficiary; and (B) have a substantially similar value to the services that the covered beneficiary would initially have received from such organization. (4) Definition In this subsection, the term covered beneficiary (e) Religious exemptions A religious organization’s exemptions, in title VII of the Civil Rights Act of 1964 ( 42 U.S.C. 2000e et seq. 42 U.S.C. 2000e–1(a) 42 U.S.C. 3601 et seq. 20 U.S.C. 1681 et seq. 42 U.S.C. 12101 et seq. 42 U.S.C. 2000bb et seq. 42 U.S.C. 2000cc et seq. (f) Limited audit (1) In General A religious organization providing services for a social services program using Federal financial assistance may segregate Federal funds and any required matching funds provided for such program into a separate account or accounts. Only the separate accounts consisting of Federal funds and any required matching funds shall be subject to audit by the Federal Government with respect to an audit undertaken for the purposes of oversight of Federal financial assistance. (2) Commingling of funds If a religious organization providing services for a social services program using Federal financial assistance contributes the organization's own funds in addition to those funds required by a matching requirement or agreement to supplement Federal funds, the organization may segregate the organization's own funds that are not matching funds into separate accounts, or commingle the organization's own funds that are not matching funds with the matching funds. If those funds are commingled, the commingled funds may all be subject to audit by the Federal Government. (g) Private right of action Any religious organization that alleges a violation of its rights under this section and seeks to enforce its rights under this section— (1) may bring an action in a court of competent jurisdiction and assert that violation as a claim, or assert that violation as a defense in a judicial action; and (2) may obtain appropriate relief, including attorney’s fees, against an entity or agency that committed such violation. (h) Federal preemption of State and local laws With respect to any Federal financial assistance provided to a religious organization for the provision of a social service program, or such assistance commingled with State or local funds, no State or political subdivision of a State may adopt, maintain, enforce, or continue in effect any law, regulation, rule, or requirement covered by the provisions of this section, or a rule, regulation, or requirement promulgated under this section. (i) Construction The provisions of this section shall supersede all Federal law (including statutory and other law, and policies used in the implementation of that law) that is enacted or issued before the date of enactment of this section. No provision of law enacted after the date of the enactment of this section may be construed as limiting, superseding, or otherwise affecting this section, except to the extent that it does so by specific reference to this section. (j) Severability If any provision of this section or the application of such provision to any person or circumstance is held to be unconstitutional, the remainder of this section and the application of the provisions of such to any person or circumstance shall not be affected thereby. (k) Definitions In this section: (1) Discriminate on the basis of an organization’s religious exercise (A) In general The term discriminate (i) by failing to select an organization; (ii) by disqualifying an organization; or (iii) by imposing any condition or selection criterion that penalizes or otherwise disfavors an organization, or has the effect of so penalizing or disfavoring an organization. (B) Covered conduct or motivation In this paragraph, the term covered conduct or motivation (i) conduct that would not be considered grounds to disfavor a nonreligious organization; (ii) conduct for which an organization must or could be granted an exemption or accommodation in a manner consistent with the Free Exercise Clause of the First Amendment to the Constitution, the Religious Freedom Restoration Act ( 42 U.S.C. 2000bb et seq. (iii) the actual or suspected religious motivation for the organization’s religious exercise. (2) Other definitions (A) Federal financial assistance The term Federal financial assistance (B) Pass-through entity The term pass-through entity (C) Program The term program (D) Religious exercise The term religious exercise 42 U.S.C. 2000cc–5 (E) Services The term services (F) Social services program The term social services program (i) means a program that is administered by the Federal Government, or by a State or local government using Federal financial assistance, and that provides services directed at reducing poverty, improving opportunities for low-income children, revitalizing low-income communities, empowering low-income families and low-income individuals to become self-sufficient, or otherwise helping people in need; and (ii) includes a program that provides, to people in need— (I) child care services, protective services for children and adults, services for children and adults in foster care, adoption services, services related to management and maintenance of the home, day care services for adults, and services to meet the special needs of children, older individuals, and individuals with disabilities; (II) transportation services; (III) job training and related services, and employment services; (IV) information, referral, and counseling services; (V) the preparation and delivery of meals, nutrition services, and services related to soup kitchens or food banks; (VI) health support services; (VII) literacy and mentoring services; (VIII) services for the prevention and treatment of juvenile delinquency and substance abuse, services for the prevention of crime and the provision of assistance to the victims and families of criminal offenders, and services related to intervention in, and prevention of, domestic violence; or (IX) services related to the provision of assistance for housing under Federal law. . 13. Awareness for expecting mothers The Public Health Service Act is amended by adding at the end the following: XXXIV Awareness for expecting mothers 3401. Website and portal (a) Website Not later than 1 year after the date of enactment of this section, the Secretary shall publish a user-friendly public website, life.gov, to provide a comprehensive list of Federal, State, local governmental, and private resources available to pregnant women including— (1) resources to mental health counseling, pregnancy counseling, and other prepartum and postpartum services; (2) comprehensive information on alternatives to abortion; (3) information about abortion risks, including complications and failures; and (4) links to information on child development from moment of conception. (b) Portal Not later than 1 year after the date of enactment of this section, the Secretary shall publish a portal on the public website of the Department of Health and Human Services that— (1) through a series of questions, will furnish specific tailored information to the user on what pregnancy-related information they are looking for, such as— (A) Federal, State, local governmental, and private resources that may be available to the woman within her ZIP Code, including the resources specified in subsection (c); and (B) risks related to abortion at all stages of fetal gestation; and (2) provides for the submission of feedback on how user-friendly and helpful the portal was in providing the tailored information the user was seeking. (c) Resources The Federal, State, local governmental, and private resources specified in this subsection are the following: (1) Mentorship opportunities, including pregnancy help and case management resources. (2) Health and well-being services, including women’s medical services such as obstetrical and gynecological support services for women, abortion pill reversal, breastfeeding, general health services, primary care, and dental care. (3) Financial assistance, work opportunities, nutrition assistance, childcare, and education opportunities. (4) Material or legal support, including transportation, food, nutrition, clothing, household goods, baby supplies, housing, shelters, maternity homes, tax preparation, legal support for child support, family leave, breastfeeding protections, and custody issues. (5) Recovery and mental health services, including services with respect to addiction or suicide intervention, intimate partner violence, sexual assault, rape, sex trafficking, and counseling for women and families surrounding unexpected loss of a child. (6) Prenatal diagnostic services, including disability support organizations, medical interventions for a baby, perinatal hospice resources, pregnancy and infant loss support, and literature on pregnancy wellness. (7) Healing and support services for abortion survivors and their families. (8) Services providing care for children, including family planning education, adoption, foster care, and short-term care resources. (d) Administration The Secretary may not delegate implementation or administration of the portal established under subsection (b) below the level of the Office of the Secretary. (e) Follow-Up The Secretary shall develop a plan under which— (1) the Secretary includes in the portal established under subsection (b), a mechanism for users of the portal to take an assessment through the portal and provide consent to use the user’s contact information; (2) the Secretary conducts outreach via phone or email to follow up with users of the portal established under subsection (b) on additional resources that would be helpful for the users to review; and (3) upon the request of a user of the portal for specific information, after learning of the additional resources through the portal, agents of the Department of Health and Human Services make every effort to furnish specific information to such user in coordination with Federal, State, local governmental, and private health care providers and resources. (f) Resource list aggregation (1) In general Pursuant to criteria developed in subsection (e)(2), each State shall provide recommendations of State, local governmental, and private resources under subsection (b)(1)(A) to include in the portal. (2) Criteria for making recommendations The Secretary shall develop criteria to provide to the States to determine whether resources recommended as described in paragraph (1) for inclusion in the portal can appear in the portal. Such criteria shall include the requirement that the resource provider is not a prohibited entity and the requirement that the resource provider has been engaged in providing services for a minimum of 3 consecutive years. (3) Grant program (A) In general The Secretary may provide grants to States to establish or support a system that aggregates the resources described in subsection (b)(1)(A), in accordance with the criteria developed under paragraph (2), and that may be coordinated, to the extent determined appropriate by the State, by a statewide, regionally based, or community-based public entity or private nonprofit. (B) Applications To be eligible to receive a grant under subparagraph (A), a State shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require, including a plan for outreach and awareness activities, and a list of service providers that would be included in the State system supported by the grant. (g) Maternal Mental Health Hotline The Secretary shall ensure that the Maternal Mental Health Hotline of the Health Resources and Services Administration— (1) disseminates information regarding, and linkages to, the life.gov website and portal described in subsections (a) and (b); (2) has the capacity to help families in every State and community in the Nation; and (3) includes live chat features, 24 hours a day, to connect individuals to the information the portal hosts. (h) Prohibition regarding certain entities The resources listed on the life.gov website, and made available through the portal and hotline established under this section may not include any resource offered by a prohibited entity. (i) Services in different languages The life.gov website and hotline shall ensure the widest possible access to services for families who speak languages other than English. (j) Reporting requirements (1) In general Not later than 180 days after date on which the life.gov website and portal are established under subsection (a), the Secretary shall submit to Congress a report on— (A) the traffic of the website and the interactive portal; (B) user feedback on the accessibility and helpfulness of the website and interactive portal in tailoring to the user’s needs; (C) insights on gaps in Federal, State, local governmental, and private programming with respect to services for pregnant and postpartum women; and (D) suggestions on how to improve user experience and accessibility based on user feedback and missing resources that would be helpful to include in future updates. (2) Confidentiality The report under paragraph (1) shall not include any personal identifying information regarding individuals who have used the website or portal. (k) Definitions In this section: (1) Abortion The term abortion (A) kill the unborn child of a woman known to be pregnant; or (B) prematurely terminate the pregnancy of a woman known to be pregnant, with an intention other than to— (i) increase the probability of a live birth or of preserving the life or health of the child after live birth; or (ii) remove an ectopic pregnancy or a dead unborn child. (2) Born alive The term born alive (3) Prohibited entity The term prohibited entity (4) Unborn child The term unborn child . 14. WIC reform (a) Breastfeeding woman (1) Definition of breastfeeding woman Section 17(b) of the Child Nutrition Act of 1966 ( 42 U.S.C. 1786(b) (b) Definitions In this section: (1) Breastfeeding woman The term breastfeeding woman . (2) Certification Section 17(d)(3)(A)(ii) of the Child Nutrition Act of 1966 ( 42 U.S.C. 1786(d)(3)(A)(ii) 1 year 2 years (b) Postpartum woman (1) Definition of postpartum woman Section 17(b)(10) of the Child Nutrition Act of 1966 ( 42 U.S.C. 1786(b)(10) , and, for purposes of subsection (d), includes women up to 2 years after the birth of a child born alive or a stillbirth. (2) Certification Section 17(d)(3)(A) of the Child Nutrition Act of 1966 ( 42 U.S.C. 1786(d)(3)(A) (A) in clause (i), by striking clause (ii) clauses (ii) and (iii) (B) by redesignating clause (iii) as clause (iv); and (C) by inserting after clause (ii) the following: (iii) Postpartum women A State may elect to certify a postpartum woman for a period of up to 2 years after the birth of a child born alive or a stillbirth. . (c) Child support Section 17(e)(4) of the Child Nutrition Act of 1966 ( 42 U.S.C. 1786(e)(4) (1) in subparagraph (B), by striking and (2) by redesignating subparagraph (C) as subparagraph (D); and (3) by inserting after subparagraph (B) the following: (C) shall provide to individuals applying for the program under this section, or reapplying at the end of their certification period— (i) written information about establishing child support orders under the law of the State; and (ii) on request from the individual applicant, referral to any program or agency of the State authorized to determine eligibility for child support orders; and . (d) Child support enforcement plan Section 17(f)(1)(C) of the Child Nutrition Act of 1966 ( 42 U.S.C. 1786(f)(1)(C) (1) in clause (x), by striking and (2) by redesignating clause (xi) as clause (xii); and (3) by inserting after clause (x) the following: (xi) a plan to facilitate referrals for participants seeking to establish a child support order; and . (e) Review of available supplemental foods Section 17(f)(11)(C) of the Child Nutrition Act of 1966 ( 42 U.S.C. 1786(f)(11)(C) (1) in the matter preceding clause (i), by striking 10 5 (2) in clause (ii), by striking amend the supplemental foods available, as necessary, to not later than 18 months after the conclusion of each scientific review conducted under clause (i), promulgate a final rule to amend the supplemental foods, as necessary, to (f) Increase in cash-Value voucher amount Section 17(f)(11) of the Child Nutrition Act of 1966 ( 42 U.S.C. 1786(f)(11) (D) Increase in cash-value voucher amount Using funds made available for the program authorized by this section, not later than 30 days after the date of enactment of the Providing for Life Act of 2023 (i) increase the amount of the cash-value voucher (as defined in section 246.2 of title 7 (Code of Federal Regulations) (or a successor regulation)) to reflect the amount provided to participants of the program as of August 31, 2022 (and adjusted for inflation); and (ii) maintain such amount until the date on which a new final rule is promulgated pursuant to subparagraph (C)(ii). . 15. Pregnancy resource centers (a) In general The Secretary of Health and Human Services shall use amounts available under subsection (b) to provide grants and other assistance to pregnancy resource centers to assist such centers in carrying out activities to support women's pregnancy-related health. (b) Funding Notwithstanding any other provision of law, a pregnancy resource center shall be eligible for funding under title X of the Public Health Service Act ( 42 U.S.C. 300 et seq. (c) Definitions In this section: (1) Community referrals The term community referrals (2) Material assistance The term material assistance (3) Pregnancy resource center The term pregnancy resource center

Providing for Life Act of 2023

Sustainable Budget Act of 2023 This bill establishes the National Commission on Fiscal Responsibility and Reform within the legislative branch to identify policies to improve the fiscal situation in the medium term and achieve fiscal sustainability over the long term. The commission must propose recommendations that (1) are designed to balance the budget, excluding interest payments on the debt, within 10 years; and (2) meaningfully improve the long-term fiscal outlook, including changes to address the growth of entitlement spending and the gap between projected federal revenues and expenditures. Congress must consider the commission's recommendations using specified expedited legislative procedures.

118 S743 IS: Sustainable Budget Act of 2023 U.S. Senate 2023-03-09 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 118th CONGRESS 1st Session S. 743 IN THE SENATE OF THE UNITED STATES March 9, 2023 Ms. Lummis Mr. Rounds Mr. Cramer Mr. Braun Committee on the Budget A BILL To establish a national commission on fiscal responsibility and reform, and for other purposes. 1. Short title This Act may be cited as the Sustainable Budget Act of 2023 2. Establishment of commission (a) Definitions In this section: (1) Commission The term Commission (2) Federal agency The term Federal agency (b) Establishment Not later than 30 days after the date of the enactment of this Act, there shall be established within the legislative branch a commission to be known as the National Commission on Fiscal Responsibility and Reform. (c) Membership (1) Composition of Commission The Commission shall be composed of 18 members, of whom— (A) 6 shall be appointed by the President, of whom not more than 3 shall be from the same political party; (B) 3 shall be appointed by the majority leader of the Senate, from among current Members of the Senate; (C) 3 shall be appointed by the Speaker of the House of Representatives, from among current Members of the House of Representatives; (D) 3 shall be appointed by the minority leader of the Senate, from among current Members of the Senate; and (E) 3 shall be appointed by the minority leader of the House of Representatives, from among current Members of the House of Representatives. (2) Initial appointments Not later than 60 days after the date on which the Commission is established, initial appointments to the Commission shall be made. (3) Vacancy A vacancy on the Commission shall be filled in the same manner as the initial appointment. (d) Co-Chairpersons From among the members appointed under subsection (c), the President shall designate 2 members, who shall not be of the same political party, to serve as co-chairpersons of the Commission. (e) Qualifications Members appointed to the Commission shall have significant depth of experience and responsibilities in matters relating to— (1) government service; (2) fiscal policy; (3) economics; (4) Federal agency management or private sector management; (5) public administration; and (6) law. (f) Duties (1) In general The Commission shall identify policies to— (A) improve the fiscal situation of the Federal Government in the medium term; and (B) achieve fiscal sustainability of the Federal Government in the long term. (2) Requirements In carrying out paragraph (1), the Commission shall— (A) propose recommendations designed to balance the budget of the Federal Government, excluding interest payments on the public debt, by the date that is 10 years after the date on which the Commission is established, in order to stabilize the ratio of the public debt to the gross domestic product of the United States at an acceptable level; and (B) propose recommendations that meaningfully improve the long-term fiscal outlook of the Federal Government, including changes to address the growth of entitlement spending and the gap between the projected revenues and expenditures of the Federal Government. (g) Reports and proposed joint resolution (1) In general (A) Final report Not later than 1 year after the date on which all members of the Commission are appointed under subsection (c), the Commission shall vote on the approval of a final report, which shall contain— (i) the recommendations required under subsection (f)(2); and (ii) a proposed joint resolution implementing the recommendations described in clause (i). (B) Interim reports At any time after the date on which all members of the Commission are appointed and prior to voting on the approval of a final report under subparagraph (A), the Commission may vote on the approval of an interim report containing such recommendations described in subsection (f)(2) as the Commission may provide. (2) Approval of report The Commission may only issue a report under this subsection if— (A) not less than 12 members of the Commission approve the report; and (B) of the members approving the report under subparagraph (A), not less than 4 are members of the same political party to which the Speaker of the House of Representatives belongs and not less than 4 are members of the same political party to which the minority leader of the House of Representatives belongs. (3) Submission of report With respect to each report approved under this subsection, the Commission shall— (A) submit to Congress the report; and (B) make the report available to the public. (4) Preparation of joint resolution (A) In general In drafting the proposed joint resolution described in paragraph (1)(A)(ii), the Commission— (i) may use the services of the offices of the Legislative Counsel of the Senate and House of Representatives; and (ii) shall consult with the Comptroller General of the United States and the Director of the Congressional Budget Office. (B) Consultation with committees In drafting the proposed joint resolution described in paragraph (1)(A)(ii), the co-chairpersons of the Commission, with respect to the contents of the proposed joint resolution, shall consult with— (i) the chairperson and ranking member of each relevant committee of the Senate and the House of Representatives; (ii) the majority and minority leader of the Senate; and (iii) the Speaker and minority leader of the House of Representatives. (C) Requirements for consultation The consultation required under subparagraph (B) shall provide the opportunity for each individual described in subparagraph (B) to provide— (i) recommendations for alternative means of addressing the recommendations described in paragraph (1)(A)(i); and (ii) recommendations regarding which recommendations described in paragraph (1)(A)(i) should not be addressed in the proposed joint resolution. (D) Relevant committees For the purpose of this paragraph, the relevant committees of the Senate and the House of Representatives shall be— (i) the Committee on Finance of the Senate (ii) the Committee on Ways and Means of the House of Representatives (iii) the Committee on Health, Education, Labor, and Pensions of the Senate (iv) the Committee on Energy and Commerce of the House of Representatives (h) Powers of the commission (1) Hearings The Commission may hold such hearings, sit and act at such times and places, take such testimony, and receive such evidence as the Commission considers advisable to carry out the duties of the Commission described in subsection (f). (2) Information from Federal agencies (A) In general The Commission may secure directly from any Federal agency such information as the Commission considers necessary to carry out the duties of the Commission described in subsection (f). (B) Provision of information Upon request from the co-chairpersons of the Commission, the head of a Federal agency shall provide information described in subparagraph (A) to the Commission. (3) Postal services The Commission may use the United States mail in the same manner and under the same conditions as departments and agencies of the Federal Government. (4) Website (A) Contents The Commission shall establish a website containing— (i) the recommendations required under subsection (f)(2); and (ii) the records of attendance of the members of the Commission for each meeting of the Commission. (B) Date of publication Not later than 72 hours after the conclusion of a meeting of the Commission, the Commission shall publish a recommendation or record of attendance described under subparagraph (A) that is made or taken at the meeting on the website established under such subparagraph. (i) Assistance of other legislative branch entities As the Commission conducts the work of the Commission— (1) the Comptroller General of the United States shall provide technical assistance to the Commission on findings and recommendations of the Government Accountability Office; (2) the Director of the Congressional Budget Office shall provide technical assistance to the Commission on findings and recommendations of the Congressional Budget Office; and (3) the chair of the Joint Committee on Taxation shall provide technical assistance to the Commission on findings and recommendations of the Joint Committee on Taxation. (j) Personnel matters (1) In general Members of the Commission shall serve without compensation. (2) Travel expenses Members of the Commission shall be allowed travel expenses, including per diem in lieu of subsistence, at rates authorized for employees of agencies under subchapter I of chapter 57 (3) Staff (A) In general (i) Appointment The co-chairpersons of the Commission may, without regard to civil service laws and regulations, appoint and terminate an executive director and such other additional personnel as may be necessary to enable the Commission to perform the duties of the Commission. (ii) Approval The appointment of an executive director under clause (i) shall be subject to confirmation by the Commission. (B) Compensation (i) In general The co-chairpersons of the Commission may fix the compensation of the executive director and other personnel of the Commission without regard to the provisions of chapter 51 and subchapter III of chapter 53 (ii) Pay rate The rate of pay for the executive director and other personnel of the Commission may not exceed the rate payable for level V of the Executive Schedule under section 5613 of title 5, United States Code. (4) Detail of government employees Any employee of the Federal Government may be detailed to the Commission— (A) without reimbursement; and (B) without interruption or loss of civil service status or privilege. (5) Procurement of temporary and intermittent services The co-chairpersons of the Commission may procure temporary and intermittent services under section 3109(b) of title 5, United States Code, at rates for individuals that do not exceed the daily equivalent of the annual rate of basic pay prescribed for level V of the Executive Schedule under section 5316 of such title. (k) Termination of the commission The Commission shall terminate on the date that is 30 days after the date on which the Commission submits the final report of the Commission under subsection (g)(1)(A). (l) Rules of construction Nothing in this Act shall be construed to— (1) impair or otherwise affect— (A) authority granted by law to a Federal agency or a head thereof; or (B) functions of the Director of the Office of Management and Budget relating to budgetary, administrative, or legislative proposals; or (2) create any right or benefit, substantive or procedural, enforceable at law or in equity, by any party against the United States, the departments, agencies, entities, officers, employees, or agents of the United States, or any other person. (m) Authorization of appropriations (1) In general There are authorized to be appropriated to the Commission such sums as may be necessary to carry out this Act. (2) Availability Any sums appropriated under paragraph (1) shall remain available, without fiscal year limitation, until expended. (n) Inapplicability of Federal Advisory Committee Act Chapter 10 3. Special message of the President (a) Definitions In this section: (1) Commission report The term Commission report (2) Special message The term special message (b) Submission of special message (1) In general Not later than 60 days after the date on which the Commission submits the Commission report to Congress, the President shall submit to Congress a special message on the report. (2) Transmittal The President shall submit the special message— (A) to the Secretary of the Senate if the Senate is not in session; and (B) to the Clerk of the House of Representatives if the House of Representatives is not in session. (c) Contents of special message The special message shall describe the reasons for the support or opposition of the President to the proposed joint resolution contained in the Commission report. (d) Public availability The President shall— (1) make a copy of a special message publicly available, including on a website of the President; and (2) publish in the Federal Register a notice of a special message and information on how the special message can be obtained. 4. Expedited consideration of proposed joint resolution (a) Definition of Commission joint resolution In this section, the term Commission joint resolution (b) Qualifying legislation Only a Commission joint resolution shall be entitled to expedited consideration under this section. (c) Consideration in the House of Representatives (1) Introduction A Commission joint resolution may be introduced in the House of Representatives (by request)— (A) by the majority leader of the House of Representatives, or by a Member of the House of Representatives designated by the majority leader of the House of Representatives, on the next legislative day after the date on which the Commission approves the final report of the Commission under section 2(g)(1)(A); or (B) if the Commission joint resolution is not introduced under subparagraph (A), by any Member of the House of Representatives on any legislative day beginning on the legislative day after the legislative day described in subparagraph (A). (2) Referral and reporting Any committee of the House of Representatives to which a Commission joint resolution is referred shall report the Commission joint resolution to the House of Representatives without amendment not later than 10 legislative days after the date on which the Commission joint resolution was so referred. If a committee of the House of Representatives fails to report a Commission joint resolution within that period, it shall be in order to move that the House of Representatives discharge the committee from further consideration of the Commission joint resolution. Such a motion shall not be in order after the last committee authorized to consider the Commission joint resolution reports it to the House of Representatives or after the House of Representatives has disposed of a motion to discharge the Commission joint resolution. The previous question shall be considered as ordered on the motion to its adoption without intervening motion, except 20 minutes of debate equally divided and controlled by the proponent and an opponent. If such a motion is adopted, the House of Representatives shall proceed immediately to consider the Commission joint resolution in accordance with paragraphs (3) and (4). A motion to reconsider the vote by which the motion is disposed of shall not be in order. (3) Proceeding to consideration After the last committee authorized to consider a Commission joint resolution reports it to the House of Representatives or has been discharged (other than by motion) from its consideration, it shall be in order to move to proceed to consider the Commission joint resolution in the House of Representatives. Such a motion shall not be in order after the House of Representatives has disposed of a motion to proceed with respect to the Commission joint resolution. The previous question shall be considered as ordered on the motion to its adoption without intervening motion. A motion to reconsider the vote by which the motion is disposed of shall not be in order. (4) Consideration The Commission joint resolution shall be considered as read. All points of order against the Commission joint resolution and against its consideration are waived. The previous question shall be considered as ordered on the Commission joint resolution to its passage without intervening motion, except 2 hours of debate equally divided and controlled by the proponent and an opponent and 1 motion to limit debate on the Commission joint resolution. A motion to reconsider the vote on passage of the Commission joint resolution shall not be in order. (5) Vote on passage The vote on passage of the Commission joint resolution shall occur not later than 3 legislative days after the date on which the last committee authorized to consider the Commission joint resolution reports it to the House of Representatives or is discharged. (d) Expedited procedure in the Senate (1) Introduction in the Senate A Commission joint resolution may be introduced in the Senate (by request)— (A) by the majority leader of the Senate, or by a Member of the Senate designated by the majority leader of the Senate, on the next legislative day after the date on which the President submits the proposed joint resolution under section 3(b); or (B) if the Commission joint resolution is not introduced under subparagraph (A), by any Member of the Senate on any day on which the Senate is in session beginning on the day after the day described in subparagraph (A). (2) Committee consideration A Commission joint resolution introduced in the Senate under paragraph (1) shall be jointly referred to the committee or committees of jurisdiction, which committees shall report the Commission joint resolution without any revision and with a favorable recommendation, an unfavorable recommendation, or without recommendation, not later than 10 session days after the date on which the Commission joint resolution was so referred. If any committee to which a Commission joint resolution is referred fails to report the Commission joint resolution within that period, that committee shall be automatically discharged from consideration of the Commission joint resolution, and the Commission joint resolution shall be placed on the appropriate calendar. (3) Proceeding Notwithstanding rule XXII of the Standing Rules of the Senate, it is in order, not later than 2 days of session after the date on which a Commission joint resolution is reported or discharged from all committees to which the Commission joint resolution was referred, for the majority leader of the Senate or the designee of the majority leader to move to proceed to the consideration of the Commission joint resolution. It shall also be in order for any Member of the Senate to move to proceed to the consideration of the Commission joint resolution at any time after the conclusion of such 2-day period. A motion to proceed is in order even though a previous motion to the same effect has been disagreed to. All points of order against the motion to proceed to the Commission joint resolution are waived. The motion to proceed shall not be debatable. The motion is not subject to a motion to postpone. A motion to reconsider the vote by which the motion is agreed to or disagreed to shall not be in order. If a motion to proceed to the consideration of the Commission joint resolution is agreed to, the Commission joint resolution shall remain the unfinished business until disposed of. All points of order against a Commission joint resolution and against consideration of the Commission joint resolution are waived. (4) No amendments An amendment to a Commission joint resolution, a motion to postpone, a motion to proceed to the consideration of other business, or a motion to recommit the Commission joint resolution, is not in order. (5) Rulings of the Chair on procedure Appeals from the decisions of the Chair relating to the application of the rules of the Senate, as the case may be, to the procedure relating to a Commission joint resolution shall be decided without debate. (e) Amendment A Commission joint resolution shall not be subject to amendment in either the Senate or the House of Representatives. (f) Consideration by the other House (1) In general If, before passing a Commission joint resolution, a House receives from the other House a Commission joint resolution of the other House— (A) the Commission joint resolution of the other House shall not be referred to a committee; and (B) the procedure in the receiving House shall be the same as if no Commission joint resolution had been received from the other House until the vote on passage, when the Commission joint resolution received from the other House shall supplant the Commission joint resolution of the receiving House. (2) Revenue measures This subsection shall not apply to the House of Representatives if a Commission joint resolution received from the Senate is a revenue measure. (g) Rules To coordinate action with other House (1) Treatment of Commission joint resolution of other House If a Commission joint resolution is not introduced in the Senate or the Senate fails to consider a Commission joint resolution under this section, the Commission joint resolution of the House of Representatives shall be entitled to expedited floor procedures under this section. (2) Treatment of companion measures in the Senate If, following passage of a Commission joint resolution in the Senate, the Senate receives from the House of Representatives a Commission joint resolution, the House-passed Commission joint resolution shall not be debatable. The vote on passage of the Commission joint resolution in the Senate shall be considered to be the vote on passage of the Commission joint resolution received from the House of Representatives. (3) Vetoes If the President vetoes a Commission joint resolution, consideration of a veto message in the Senate under this paragraph shall be 10 hours equally divided between the majority and minority leaders of the Senate or the designees of the majority and minority leaders of the Senate. (h) Exercise of rulemaking power This section is enacted by Congress— (1) as an exercise of the rulemaking power of the Senate and House of Representatives, respectively, and, as such— (A) it is deemed a part of the rules of each House, respectively, but applicable only with respect to the procedure to be followed in that House in the case of a Commission joint resolution; and (B) it supersedes other rules only to the extent that it is inconsistent with such rules; and (2) with full recognition of the constitutional right of either House to change the rules (so far as relating to the procedure of that House) at any time, in the same manner, and to the same extent as in the case of any other rule of that House.

Sustainable Budget Act of 2023

Data Care Act of 2023 This bill imposes various duties on online service providers with respect to their handling of individual-identifying data that can be reasonably linked to a specific user. Specifically, online service providers have a duty to (1) reasonably secure such data from unauthorized access, (2) refrain from using such data in a way that will result in reasonably foreseeable harm to the end user, and (3) not disclose such data to another party unless that party is also bound by the duties established in this bill. The bill authorizes the Federal Trade Commission and specified state officials to take enforcement actions with respect to breaches of such duties.

118 S744 IS: Data Care Act of 2023 U.S. Senate 2023-03-09 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 118th CONGRESS 1st Session S. 744 IN THE SENATE OF THE UNITED STATES March 9, 2023 Mr. Schatz Ms. Cortez Masto Mr. Merkley Ms. Warren Mr. Bennet Mr. Murphy Ms. Hirono Ms. Klobuchar Ms. Baldwin Mr. King Ms. Hassan Mr. Sanders Mr. Markey Mr. Booker Ms. Duckworth Ms. Smith Mr. Luján Mr. Heinrich Mr. Durbin Committee on Commerce, Science, and Transportation A BILL To establish duties for online service providers with respect to end user data that such providers collect and use. 1. Short title This Act may be cited as the Data Care Act of 2023 2. Definitions In this Act: (1) Commission The term Commission (2) End user The term end user (3) Individual identifying data The term individual identifying data (A) collected over the internet or any other digital network; and (B) linked, or reasonably linkable, to— (i) a specific end user; or (ii) a computing device that is associated with or routinely used by an end user. (4) Online service provider The term online service provider (A) is engaged in interstate commerce over the internet or any other digital network; and (B) in the course of business, collects individual identifying data about end users, including in a manner that is incidental to the business conducted. (5) Sensitive data The term sensitive data (A) a social security number; (B) personal information (as defined in section 1302 of the Children's Online Privacy Protection Act of 1998 ( 15 U.S.C. 6501 (C) a driver’s license number, passport number, military identification number, or any other similar number issued on a government document used to verify identity; (D) a financial account number, credit or debit card number, or any required security code, access code, or password that is necessary to permit access to a financial account of an individual; (E) unique biometric data such as a finger print, voice print, a retina or iris image, or any other unique physical representation; (F) information sufficient to access an account of an individual, such as user name and password or email address and password; (G) the first and last name of an individual, or first initial and last name, or other unique identifier in combination with— (i) the month, day, and year of birth of the individual; (ii) the maiden name of the mother of the individual; or (iii) the past or present precise geolocation of the individual; (H) information that relates to— (i) the past, present, or future physical or mental health or condition of an individual; or (ii) the provision of health care to an individual; and (I) the nonpublic communications or other nonpublic user-created content of an individual. 3. Provider duties (a) In general An online service provider shall fulfill the duties of care, loyalty, and confidentiality under paragraphs (1), (2), and (3), respectively, of subsection (b). (b) Duties (1) Duty of care An online service provider shall— (A) reasonably secure individual identifying data from unauthorized access; and (B) subject to subsection (d), promptly inform an end user of any breach of the duty described in subparagraph (A) of this paragraph with respect to sensitive data of that end user. (2) Duty of loyalty An online service provider may not use individual identifying data, or data derived from individual identifying data, in any way that— (A) will benefit the online service provider to the detriment of an end user; and (B) (i) will result in reasonably foreseeable and material physical or financial harm to an end user; or (ii) would be unexpected and highly offensive to a reasonable end user. (3) Duty of confidentiality An online service provider— (A) may not disclose or sell individual identifying data to, or share individual identifying data with, any other person except as consistent with the duties of care and loyalty under paragraphs (1) and (2), respectively; (B) may not disclose or sell individual identifying data to, or share individual identifying data with, any other person unless that person enters into a contract with the online service provider that imposes on the person the same duties of care, loyalty, and confidentiality toward the applicable end user as are imposed on the online service provider under this subsection; and (C) shall take reasonable steps to ensure that the practices of any person to whom the online service provider discloses or sells, or with whom the online service provider shares, individual identifying data fulfill the duties of care, loyalty, and confidentiality assumed by the person under the contract described in subparagraph (B), including by auditing, on a regular basis, the data security and data information practices of any such person. (c) Application of duties to third parties If an online service provider transfers or otherwise provides access to individual identifying data to another person, the requirements of paragraphs (1), (2), and (3) of subsection (b) shall apply to such person with respect to such data in the same manner that such requirements apply to the online service provider. (d) Expansion of duty To inform regarding breaches The Commission may promulgate regulations under section 553 of title 5, United States Code, to apply the breach notification requirement under subsection (b)(1)(B) with respect to specific categories of individual identifying data other than sensitive data, as the Commission determines necessary. (e) Exceptions (1) Regulations The Commission may promulgate regulations under section 553 of title 5, United States Code, to exempt categories of online service providers or persons described in subsection (c) from the requirement under subsection (a) or subsection (c) (as applicable). (2) Considerations In promulgating regulations under paragraph (1), the Commission shall consider, among other factors— (A) the privacy risks posed by the use of individual identifying data by an online service provider or person described in subsection (c) based on— (i) the size of the provider or person; (ii) the complexity of the offerings of the provider; (iii) the nature and scope of the activities of the provider or person; and (iv) the sensitivity of the consumer information handled by the provider or person; and (B) the costs and benefits of applying the requirement under subsection (a) or subsection (c) (as applicable) to online service providers or persons with particular combinations of characteristics considered under subparagraph (A) of this paragraph. 4. Enforcement (a) Enforcement by Commission (1) Unfair or deceptive acts or practices A violation of section 3 by an online service provider or a person described in section 3(c) shall be treated as a violation of a rule defining an unfair or deceptive act or practice prescribed under section 18(a)(1)(B) of the Federal Trade Commission Act ( 15 U.S.C. 57a(a)(1)(B) (2) Powers of Commission (A) In general Except as provided in subparagraph (C), the Commission shall enforce this Act in the same manner, by the same means, and with the same jurisdiction, powers, and duties as though all applicable terms and provisions of the Federal Trade Commission Act ( 15 U.S.C. 41 et seq. (B) Privileges and immunities Except as provided in subparagraph (C), any person who violates section 3 shall be subject to the penalties and entitled to the privileges and immunities provided in the Federal Trade Commission Act ( 15 U.S.C. 41 et seq. (C) Nonprofit organizations and common carriers Notwithstanding section 4 or 5(a)(2) of the Federal Trade Commission Act ( 15 U.S.C. 44 (i) organizations not organized to carry on business for their own profit or that of their members; and (ii) common carriers subject to the Communications Act of 1934 ( 47 U.S.C. 151 et seq. (3) Rulemaking authority The Commission shall promulgate regulations under this Act in accordance with section 553 of title 5, United States Code. (b) Enforcement by States (1) Authorization Subject to paragraph (3), in any case in which the attorney general of a State has reason to believe that an interest of the residents of the State has been or is threatened or adversely affected by the engagement of an online service provider or a person described in section 3(c) in a practice that violates section 3, the attorney general of the State may, as parens patriae, bring a civil action against the online service provider or person on behalf of the residents of the State in an appropriate district court of the United States to obtain appropriate relief, including civil penalties in the amount determined under paragraph (2). (2) Civil penalties An online service provider or person described in section 3(c) that is found, in an action brought under paragraph (1), to have knowingly or repeatedly violated section 3 shall, in addition to any other penalty otherwise applicable to a violation of section 3, be liable for a civil penalty equal to the amount calculated by multiplying— (A) the greater of— (i) the number of days during which the online service provider or person was not in compliance with that section; or (ii) the number of end users who were harmed as a result of the violation, by (B) an amount not to exceed the maximum civil penalty for which a person, partnership, or corporation may be liable under section 5(m)(1)(A) of the Federal Trade Commission Act ( 15 U.S.C. 45(m)(1)(A) (3) Rights of Federal Trade Commission (A) Notice to Federal Trade Commission (i) In general Except as provided in clause (iii), the attorney general of a State shall notify the Commission in writing that the attorney general intends to bring a civil action under paragraph (1) before initiating the civil action. (ii) Contents The notification required under clause (i) with respect to a civil action shall include a copy of the complaint to be filed to initiate the civil action. (iii) Exception If it is not feasible for the attorney general of a State to provide the notification required under clause (i) before initiating a civil action under paragraph (1), the attorney general shall notify the Commission immediately upon instituting the civil action. (B) Intervention by Federal Trade Commission The Commission may— (i) intervene in any civil action brought by the attorney general of a State under paragraph (1); and (ii) upon intervening— (I) be heard on all matters arising in the civil action; and (II) file petitions for appeal of a decision in the civil action. (4) Investigatory powers Nothing in this subsection may be construed to prevent the attorney general of a State from exercising the powers conferred on the attorney general by the laws of the State to— (A) conduct investigations; (B) administer oaths or affirmations; or (C) compel the attendance of witnesses or the production of documentary or other evidence. (5) Preemptive action by Federal Trade Commission If the Commission institutes a civil action or an administrative action with respect to a violation of section 3, the attorney general of a State may not, during the pendency of the action, bring a civil action under paragraph (1) against any defendant named in the complaint of the Commission based on the same set of facts giving rise to the alleged violation with respect to which the Commission instituted the action. (6) Venue; service of process (A) Venue Any action brought under paragraph (1) may be brought in— (i) the district court of the United States that meets applicable requirements relating to venue under section 1391 of title 28, United States Code; or (ii) another court of competent jurisdiction. (B) Service of process In an action brought under paragraph (1), process may be served in any district in which the defendant— (i) is an inhabitant; or (ii) may be found. (7) Actions by other State officials (A) In general In addition to civil actions brought by attorneys general under paragraph (1), any other consumer protection officer of a State who is authorized by the State to do so may bring a civil action under paragraph (1), subject to the same requirements and limitations that apply under this subsection to civil actions brought by attorneys general. (B) Savings provision Nothing in this subsection may be construed to prohibit an authorized official of a State from initiating or continuing any proceeding in a court of the State for a violation of any civil or criminal law of the State. 5. Nonenforceability of certain provisions waiving rights and remedies The rights and remedies provided under this Act may not be waived or limited by contract or otherwise. 6. Relation to other privacy and security laws Nothing in this Act may be construed to— (1) modify, limit, or supersede the operation of any privacy or security provision in any other Federal or State statute or regulation; or (2) limit the authority of the Commission under any other provision of law. 7. Effective date (a) In general This Act shall take effect on the date of enactment of this Act. (b) Applicability Section 3 shall apply with respect to an online service provider or person described in section 3(c) on and after the date that is 180 days after the date of enactment of this Act.

Data Care Act of 2023

Virginia Wilderness Additions Act of 2023This billadds specified additional lands in the George Washington National Forest (a part of the George Washington and Jefferson National Forests in Virginia, West Virginia, and Kentucky) to the Rough Mountain Wilderness, and designates specified land in the forest as a potential wilderness area for incorporation into the Rich Hole Wilderness. The Department of Agriculture (USDA) may use motorized equipment and mechanized transport in the potential wilderness area until it is incorporated into the Rich Hole Wilderness in order to enhance natural ecosystems by implementing certain activities to improve water quality and aquatic passage, as described in the Forest Service document titled Decision Notice for the Lower Cowpasture Restoration and Management Project and dated December 2015. In carrying out such water quality and aquatic passage improvement activities, USDA must use the minimum tool or administrative practice that has the least amount of adverse impact on wilderness character and resources.

100 S745 IS: Virginia Wilderness Additions Act of 2023 U.S. Senate 2023-03-09 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 118th CONGRESS 1st Session S. 745 IN THE SENATE OF THE UNITED STATES March 9, 2023 Mr. Kaine Mr. Warner Committee on Agriculture, Nutrition, and Forestry A BILL To designate additions to the Rough Mountain Wilderness and the Rich Hole Wilderness of the George Washington National Forest, and for other purposes. 1. Short title This Act may be cited as the Virginia Wilderness Additions Act of 2023 2. Additions to rough mountain and rich hole wildernesses (a) Rough mountain addition Section 1 of Public Law 100–326 16 U.S.C. 1132 (21) Rough mountain addition Certain land in the George Washington National Forest comprising approximately 1,000 acres, as generally depicted as the Rough Mountain Addition GEORGE WASHINGTON NATIONAL FOREST – South half – Alternative I – Selected Alternative Management Prescriptions – Land and Resources Management Plan Final Environmental Impact Statement . (b) Rich hole addition (1) Potential wilderness designation In furtherance of the purposes of the Wilderness Act ( 16 U.S.C. 1131 et seq. Rich Hole Addition GEORGE WASHINGTON NATIONAL FOREST – South half – Alternative I – Selected Alternative Management Prescriptions – Land and Resources Management Plan Final Environmental Impact Statement Public Law 100–326 16 U.S.C. 1132 (2) Wilderness designation The potential wilderness area designated by paragraph (1) shall be designated as wilderness and incorporated in the Rich Hole Wilderness Area designated by section 1(2) of Public Law 100–326 16 U.S.C. 1132 (A) the date on which the Secretary of Agriculture (referred to in this section as the Secretary (B) the date that is 5 years after the date of enactment of this Act. (3) Management Except as provided in paragraph (4), the Secretary shall manage the potential wilderness area designated by paragraph (1) in accordance with the Wilderness Act ( 16 U.S.C. 1131 et seq. (4) Water quality improvement activities (A) In general To enhance natural ecosystems within the potential wilderness area designated by paragraph (1) by implementing certain activities to improve water quality and aquatic passage, as set forth in the Forest Service document entitled Decision Notice for the Lower Cowpasture Restoration and Management Project (B) Requirement In carrying out subparagraph (A), the Secretary, to the maximum extent practicable, shall use the minimum tool or administrative practice necessary to carry out that subparagraph with the least amount of adverse impact on wilderness character and resources.

Virginia Wilderness Additions Act of 2023

No Taxpayer Funding for Health Centers Providing Abortion Act This bill prohibits grants that are awarded by the Health Resources and Services Administration through the Health Center Program from being used to provide an abortion unless the abortion is necessary to save the life of the mother. (The Health Center Program supports the operations and activities of health centers that primarily provide preventative and primary care to low-income individuals and other medically underserved populations.)

118 S750 IS: No Taxpayer Funding for Health Centers Providing Abortion Act U.S. Senate 2023-03-09 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 118th CONGRESS 1st Session S. 750 IN THE SENATE OF THE UNITED STATES March 9, 2023 Mr. Braun Mr. Rubio Mr. Scott of Florida Committee on Health, Education, Labor, and Pensions A BILL To amend title III of the Public Health Service Act to prohibit health centers from providing abortions, and for other purposes. 1. Short title This Act may be cited as the No Taxpayer Funding for Health Centers Providing Abortion Act 2. Limitation on abortions Section 330(a)(2) of the Public Health Service Act ( 42 U.S.C. 254b(a)(2) (1) in the paragraph heading, by striking Limitation Limitations (2) by striking The requirement (A) In general The requirement ; and (3) by adding at the end the following: (B) Limitation on abortions (i) In general Funds made available to health centers under this section may not be used for abortions except where necessary to save the life of the mother. No health center or related treatment facility, that receives funds under this section, may provide or be used to provide an abortion except where necessary to save the life of the mother. (ii) Definition In this subparagraph, the term abortion (I) to intentionally kill the unborn child of a woman known to be pregnant; or (II) to intentionally terminate the pregnancy of a woman known to be pregnant, with an intention other than— (aa) after viability to produce a live birth and preserve the life and health of the child born alive; or (bb) to remove a dead unborn child. .

No Taxpayer Funding for Health Centers Providing Abortion Act

Human-Animal Chimera Prohibition Act of 2023 This bill establishes new federal crimes related to conduct involving certain types of human-animal chimeras. The term human-animal chimera means an organism that, from an early stage of development, contains human and nonhuman parts. This bill makes is unlawful to create or attempt to create a prohibited human-animal chimera, transfer or attempt to transfer a human embryo into a nonhuman womb, transfer or attempt to transfer a nonhuman embryo into a human womb, or transport or receive for any purpose a prohibited human-animal chimera. A violator is subject to civil and criminal penalties.

118 S751 IS: Human-Animal Chimera Prohibition Act of 2023 U.S. Senate 2023-03-09 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 118th CONGRESS 1st Session S. 751 IN THE SENATE OF THE UNITED STATES March 9, 2023 Mr. Braun Mr. Lankford Committee on the Judiciary A BILL To amend title 18, United States Code, to prohibit certain types of human-animal chimeras. 1. Short title This Act may be cited as the Human-Animal Chimera Prohibition Act of 2023 2. Prohibition on certain human-animal chimeras Part I of title 18, United States Code, is amended by inserting after chapter 51 the following: 52 Certain Types of Human-Animal Chimeras Prohibited Sec. 1131. Definitions. 1132. Prohibition on human-animal chimeras. 1131. Definitions In this chapter: (1) Human embryo The term human embryo (2) Prohibited human-animal chimera The term prohibited human-animal chimera (A) a human embryo into which a nonhuman cell or cells (or the component parts thereof) have been introduced to render the embryo’s membership in the species Homo sapiens uncertain; (B) a human-animal embryo produced by fertilizing a human egg with nonhuman sperm; (C) a human-animal embryo produced by fertilizing a nonhuman egg with human sperm; (D) an embryo produced by introducing a nonhuman nucleus into a human egg; (E) an embryo produced by introducing a human nucleus into a nonhuman egg; (F) an embryo containing at least haploid sets of chromosomes from both a human and a nonhuman life form; (G) a nonhuman life form engineered such that human gametes develop within the body of a nonhuman life form; (H) a nonhuman life form engineered such that it contains a human brain or a brain derived wholly or predominantly from human neural tissues; (I) a nonhuman life form engineered such that it exhibits human facial features or other bodily morphologies to resemble human features; or (J) an embryo produced by mixing human and nonhuman cells, such that— (i) human gametes develop within the body of the resultant organism; (ii) it contains a human brain or a brain derived wholly or predominantly from human neural tissues; or (iii) it exhibits human facial features or other bodily morphologies to resemble human features. 1132. Prohibition on certain human-animal chimeras (a) In general It shall be unlawful for any person to knowingly, in or otherwise affecting interstate commerce— (1) create or attempt to create a prohibited human-animal chimera; (2) transfer or attempt to transfer a human embryo into a nonhuman womb; (3) transfer or attempt to transfer a non­human embryo into a human womb; or (4) transport or receive for any purpose a prohibited human-animal chimera. (b) Penalties (1) In general Whoever violates subsection (a) shall be fined under this title, imprisoned for not more than 10 years, or both. (2) Civil penalty Whoever violates subsection (a) shall be subject to a civil fine of the greater of— (A) $1,000,000; or (B) the amount equal to twice the amount of the gross pecuniary gain, if any. (c) Rule of construction This section does not prohibit research involving the use of transgenic animal models containing human genes or transplantation of human organs, tissues, or cells into recipient animals, if such activities are not prohibited under subsection (a). . 3. Technical amendment The table of chapters for part I of title 18, United States Code, is amended by inserting after the item relating to chapter 51 the following: 52. Certain types of human-animal chimeras prohibited 1131. .

Human-Animal Chimera Prohibition Act of 2023

Preventing Violence Against Female Inmates Act of 2023 This bill establishes a framework to prohibit correctional institutions at the federal and state levels from housing inmates of one biological sex with inmates of the other biological sex.

118 S752 IS: Preventing Violence Against Female Inmates Act of 2023 U.S. Senate 2023-03-09 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 118th CONGRESS 1st Session S. 752 IN THE SENATE OF THE UNITED STATES March 9, 2023 Mr. Cotton Mr. Marshall Mr. Braun Mr. Rubio Mr. Graham Mr. Lee Mr. Cruz Mr. Daines Committee on the Judiciary A BILL To secure the dignity and safety of incarcerated women. 1. Short title This Act may be cited as the Preventing Violence Against Female Inmates Act of 2023 2. Housing prisoners based on sex (a) Federal prisons (1) In general Chapter 303 4052. Bar on housing together prisoners of different sexes (a) Definition In this section, the term biological sex (b) Bar (1) In general The Bureau of Prisons— (A) shall use the biological sex of persons charged with or convicted of offenses against the United States in making determinations regarding housing such persons; and (B) except as provided in paragraph (2), shall not co-locate in detention facilities persons charged with or convicted of offenses against the United States if those persons are not of the same biological sex. (2) Exception The Bureau of Prisons may co-locate, on a temporary basis (which shall not include overnight housing), persons charged with or convicted of offenses against the United States who are not of the same biological sex. . (2) Technical and conforming amendment The table of sections for chapter 303 4052. Bar on housing together prisoners of different sexes. . (b) State prisons Section 501 of title I of the Omnibus Crime Control and Safe Streets Act of 1968 ( 34 U.S.C. 10152 (i) Bar on housing together prisoners of different sexes (1) Definition In this subsection, the term biological sex (2) Limitation on eligibility for funds (A) In general Beginning in the first fiscal year beginning after the date of enactment of this subsection, a State may not receive funds under this subpart for a fiscal year if the State does not submit to the Attorney General a certification that the State— (i) except as provided in subparagraph (B), prohibits co-locating in detention facilities persons charged with or convicted of offenses under the law of the State if those persons are not of the same biological sex; and (ii) requires the use of the biological sex of persons charged with or convicted of offenses under the law of the State in making determinations regarding housing such persons. (B) Exception A State may co-locate, on a temporary basis (which shall not include overnight housing), persons charged with or convicted of offenses under the law of the State who are not of the same biological sex. .

Preventing Violence Against Female Inmates Act of 2023

Protecting Critical Ecosystems and Military Readiness in Florida Act of 2023 This bill prohibits the Department of the Air Force from entering into an agreement that would provide for or permit the joint use of Homestead Air Reserve Base in Homestead, Florida, by the Air Force and civil aircraft.

118 S755 IS: Protecting Critical Ecosystems and Military Readiness in Florida Act of 2023 U.S. Senate 2023-03-09 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 118th CONGRESS 1st Session S. 755 IN THE SENATE OF THE UNITED STATES March 9, 2023 Mr. Rubio Mr. Scott of Florida Committee on Armed Services A BILL To prohibit the Secretary of the Air Force from entering into an agreement that would provide for or permit the joint use of Homestead Air Reserve Base, Homestead, Florida, by the Air Force and civil aircraft. 1. Short title This Act may be cited as the Protecting Critical Ecosystems and Military Readiness in Florida Act of 2023 2. Prohibition on joint use of Homestead Air Reserve Base with civil aviation The Secretary of the Air Force may not enter into an agreement that would provide for or permit the joint use of Homestead Air Reserve Base, Homestead, Florida, by the Air Force and civil aircraft.

Protecting Critical Ecosystems and Military Readiness in Florida Act of 2023

Beagle Brigade Act of 2023 This bill provides statutory authority for the National Detector Dog Training Center that is operated by the Animal and Plant Health Inspection Service (APHIS) of the Department of Agriculture. The center trains dogs to inspect passenger baggage, cargo, mailed packages, and vehicles to detect foreign pests and diseases that threaten domestic agriculture and natural resources. The bill also requires APHIS to report to Congress on (1) current and emerging threats to domestic agricultural and natural resources from foreign pests and diseases, and (2) recommendations to improve the center's capabilities and procedures.

118 S759 IS: Beagle Brigade Act of 2023 U.S. Senate 2023-03-09 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 118th CONGRESS 1st Session S. 759 IN THE SENATE OF THE UNITED STATES March 9, 2023 Mr. Warnock Ms. Ernst Committee on Agriculture, Nutrition, and Forestry A BILL To authorize the National Detector Dog Training Center, and for other purposes. 1. Short title This Act may be cited as the Beagle Brigade Act of 2023 2. National Detector Dog Training Center (a) In general There is established a National Detector Dog Training Center (referred to in this Act as the Center (b) Duties The Center shall have the following duties: (1) Training dogs for the purpose of safeguarding domestic agricultural and natural resources from foreign and invasive pests and diseases. (2) Training human handlers to successfully select and train dogs for the purpose described in paragraph (1). (3) Collaborating with relevant Federal agencies, including U.S. Customs and Border Protection, to safeguard domestic agricultural and natural resources. (4) Collaborating with external stakeholders, including State departments of agriculture, local and county agricultural officials, private sector entities, and other relevant non-Federal partners. (5) Ensuring the health and welfare of all dogs under the care of the Center, including by ensuring access to necessary veterinary care, adequate shelter, and proper nutrition. (6) Providing opportunities for private adoption of retirement-age trained dogs and dogs that do not complete training. (7) Any other duties necessary to safeguard domestic agricultural and natural resources from foreign and invasive pests and diseases, as determined by the Secretary of Agriculture, acting through the Administrator of the Animal and Plant Health Inspection Service. 3. Report Not later than 1 year after the date of enactment of this Act, the Secretary of Agriculture, acting through the Administrator of the Animal and Plant Health Inspection Service, shall submit to Congress a report that contains— (1) a description of current and emerging threats to domestic agricultural and natural resources from foreign pests and diseases within the purview of the operations of the Center; (2) an examination of the role that the Center plays in the protection against foreign pests and diseases; (3) a description of improvements needed in Federal programs to minimize threats from foreign pests and diseases within the purview of the operations of the Center, including strengthened coordination among the Animal and Plant Health Inspection Service, U.S. Customs and Border Protection, and other relevant Federal agencies; (4) recommendations to strengthen the capabilities of the Center in protecting against foreign pests and diseases; and (5) recommendations to improve— (A) the dog procurement procedures of the Center; and (B) private adoption opportunities for retirement-age trained dogs and dogs that do not complete training.

Beagle Brigade Act of 2023

Standing with Moms Act of 2023 This bill requires the Department of Health and Human Services (HHS) to disseminate information about pregnancy-related resources. Specifically, HHS must maintain a public website (life.gov) that lists such resources that are available through federal, state, and local governments and private entities. Additionally, HHS must maintain on its website a portal that provides a user, based on the user's responses to a series of questions, tailored information about pregnancy resources available in the user's zip code and risks related to abortion. HHS must develop a plan to conduct follow-up outreach to users of the portal (if the user consents to the outreach). States must recommend resources that meet criteria set by HHS for including through the portal. HHS may award grants to states to establish or support a system that aggregates resources to include on the portal. Further, the Health Resources and Services Administration must share information about life.gov and the portal through the Maternal Mental Health Hotline. HHS must also ensure that the life.gov website and hotline are available to families who speak languages other than English. The bill excludes from life.gov, the portal, and the hotline resources provided by entities that (1) perform, induce, refer for, or counsel in favor of abortions; or (2) financially support such entities. The bill also requires HHS to report on traffic to life.gov and the portal, gaps in services available to pregnant and postpartum individuals, and related matters.

118 S76 IS: Standing with Moms Act of 2023 U.S. Senate 2023-01-25 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 118th CONGRESS 1st Session S. 76 IN THE SENATE OF THE UNITED STATES January 25, 2023 Mr. Rubio Mrs. Hyde-Smith Mr. Risch Mrs. Blackburn Mr. Scott of Florida Mr. Marshall Mr. Thune Mr. Sullivan Mr. Cruz Mr. Braun Mrs. Fischer Mr. Budd Committee on Health, Education, Labor, and Pensions A BILL To require the Secretary of Health and Human Services to furnish tailored information to expecting mothers, and for other purposes. 1. Short title This Act may be cited as the Standing with Moms Act of 2023 2. Awareness for expecting mothers The Public Health Service Act is amended by adding at the end the following: XXXIV Awareness for expecting mothers 3401. Website and portal (a) Website Not later than 1 year after the date of enactment of this section, the Secretary shall publish a user-friendly public website, life.gov, to provide a comprehensive list of Federal, State, local governmental, and private resources available to pregnant women including— (1) resources to mental health counseling, pregnancy counseling, and other prepartum and postpartum services; (2) comprehensive information on alternatives to abortion; (3) information about abortion risks, including complications and failures; and (4) links to information on child development from moment of conception. (b) Portal Not later than 1 year after the date of enactment of this section, the Secretary shall publish a portal on the public website of the Department of Health and Human Services that— (1) through a series of questions, will furnish specific tailored information to the user on what pregnancy-related information they are looking for, such as— (A) Federal, State, local governmental, and private resources that may be available to the woman within her ZIP Code, including the resources specified in subsection (c); and (B) risks related to abortion at all stages of fetal gestation; and (2) provides for the submission of feedback on how user-friendly and helpful the portal was in providing the tailored information the user was seeking. (c) Resources The Federal, State, local governmental, and private resources specified in this subsection are the following: (1) Mentorship opportunities, including pregnancy help and case management resources. (2) Health and well-being services, including women’s medical services such as obstetrical and gynecological support services for women, abortion pill reversal, breastfeeding, general health services, primary care, and dental care. (3) Financial assistance, work opportunities, nutrition assistance, childcare, and education opportunities. (4) Material or legal support, including transportation, food, nutrition, clothing, household goods, baby supplies, housing, shelters, maternity homes, tax preparation, legal support for child support, family leave, breastfeeding protections, and custody issues. (5) Recovery and mental health services, including services with respect to addiction or suicide intervention, intimate partner violence, sexual assault, rape, sex trafficking, and counseling for women and families surrounding unexpected loss of a child. (6) Prenatal diagnostic services, including disability support organizations, medical interventions for a baby, perinatal hospice resources, pregnancy and infant loss support, and literature on pregnancy wellness. (7) Healing and support services for abortion survivors and their families. (8) Services providing care for children, including family planning education, adoption, foster care, and short-term care resources. (d) Administration The Secretary may not delegate implementation or administration of the portal established under subsection (b) below the level of the Office of the Secretary. (e) Follow-Up The Secretary shall develop a plan under which— (1) the Secretary includes in the portal established under subsection (b), a mechanism for users of the portal to take an assessment through the portal and provide consent to use the user’s contact information; (2) the Secretary conducts outreach via phone or email to follow up with users of the portal established under subsection (b) on additional resources that would be helpful for the users to review; and (3) upon the request of a user of the portal for specific information, after learning of the additional resources through the portal, agents of the Department of Health and Human Services make every effort to furnish specific information to such user in coordination with Federal, State, local governmental, and private health care providers and resources. (f) Resource list aggregation (1) In general Pursuant to criteria developed in subsection (e)(2), each State shall provide recommendations of State, local governmental, and private resources under subsection (b)(1)(A) to include in the portal. (2) Criteria for making recommendations The Secretary shall develop criteria to provide to the States to determine whether resources recommended as described in paragraph (1) for inclusion in the portal can appear in the portal. Such criteria shall include the requirement that the resource provider is not a prohibited entity and the requirement that the resource provider has been engaged in providing services for a minimum of 3 consecutive years. (3) Grant program (A) In general The Secretary may provide grants to States to establish or support a system that aggregates the resources described in subsection (b)(1)(A), in accordance with the criteria developed under paragraph (2), and that may be coordinated, to the extent determined appropriate by the State, by a statewide, regionally based, or community-based public entity or private nonprofit. (B) Applications To be eligible to receive a grant under subparagraph (A), a State shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require, including a plan for outreach and awareness activities, and a list of service providers that would be included in the State system supported by the grant. (g) Maternal Mental Health Hotline The Secretary shall ensure that the Maternal Mental Health Hotline of the Health Resources and Services Administration— (1) disseminates information regarding, and linkages to, the life.gov website and portal described in subsections (a) and (b); (2) has the capacity to help families in every State and community in the Nation; and (3) includes live chat features, 24 hours a day, to connect individuals to the information the portal hosts. (h) Prohibition regarding certain entities The resources listed on the life.gov website, and made available through the portal and hotline established under this section may not include any resource offered by a prohibited entity. (i) Services in different languages The life.gov website and hotline shall ensure the widest possible access to services for families who speak languages other than English. (j) Reporting requirements (1) In general Not later than 180 days after date on which the life.gov website and portal are established under subsection (a), the Secretary shall submit to Congress a report on— (A) the traffic of the website and the interactive portal; (B) user feedback on the accessibility and helpfulness of the website and interactive portal in tailoring to the user’s needs; (C) insights on gaps in Federal, State, local governmental, and private programming with respect to services for pregnant and postpartum women; and (D) suggestions on how to improve user experience and accessibility based on user feedback and missing resources that would be helpful to include in future updates. (2) Confidentiality The report under paragraph (1) shall not include any personal identifying information regarding individuals who have used the website or portal. (k) Definitions In this section: (1) Abortion The term abortion (A) kill the unborn child of a woman known to be pregnant; or (B) prematurely terminate the pregnancy of a woman known to be pregnant, with an intention other than to— (i) increase the probability of a live birth or of preserving the life or health of the child after live birth; or (ii) remove a dead unborn child. (2) Born alive The term born alive (3) Prohibited entity The term prohibited entity (4) Unborn child The term unborn child .

Standing with Moms Act of 2023

Healthy Food Financing Initiative Reauthorization Act of 2023 This bill reauthorizes and provides specified funds for the Department of Agriculture's Healthy Food Financing Initiative through FY2028 and for each fiscal year thereafter. (This program provides capacity building and financial resources to eligible healthy food retailers and food supply chain enterprises to assist them in overcoming the high costs and initial barriers to entry in underserved areas.)

118 S760 IS: Healthy Food Financing Initiative Reauthorization Act of 2023 U.S. Senate 2023-03-09 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 118th CONGRESS 1st Session S. 760 IN THE SENATE OF THE UNITED STATES March 9, 2023 Mr. Casey Mrs. Gillibrand Committee on Agriculture, Nutrition, and Forestry A BILL To amend the Department of Agriculture Reorganization Act of 1994 to authorize mandatory funding for the Healthy Food Financing Initiative. 1. Short title This Act may be cited as the Healthy Food Financing Initiative Reauthorization Act of 2023 2. Healthy Food Financing Initiative Section 243 of the Department of Agriculture Reorganization Act of 1994 ( 7 U.S.C. 6953 (d) Funding Of the funds of the Commodity Credit Corporation, the Secretary shall use to carry out this section— (1) $25,000,000 for fiscal year 2024; (2) $30,000,000 for fiscal year 2025; (3) $35,000,000 for fiscal year 2026; (4) $40,000,000 for fiscal year 2027; and (5) $50,000,000 for fiscal year 2028 and each fiscal year thereafter. .

Healthy Food Financing Initiative Reauthorization Act of 2023

Stop Forced Organ Harvesting Act of 2023 This bill establishes specified measures to combat forced organ harvesting and the international trafficking in persons for the purpose of removing their organs. These measures include (1) establishing property-blocking and visa-blocking sanctions, and (2) requiring the Department of State to report on these practices.

118 S761 IS: Stop Forced Organ Harvesting Act of 2023 U.S. Senate 2023-03-09 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 118th CONGRESS 1st Session S. 761 IN THE SENATE OF THE UNITED STATES March 9, 2023 Mr. Cotton Mr. Coons Mr. Cornyn Mr. Merkley Mr. Tillis Mr. King Mrs. Blackburn Mr. Booker Mr. Young Ms. Cortez Masto Mr. Hagerty Mr. Braun Mr. Lankford Mr. Rubio Mr. Grassley Committee on Foreign Relations A BILL To combat forced organ harvesting and trafficking in persons for purposes of the removal of organs, and for other purposes. 1. Short title This Act may be cited as the Stop Forced Organ Harvesting Act of 2023 2. Statement of policy It shall be the policy of the United States— (1) to combat international trafficking in persons for purposes of the removal of organs; (2) to promote the establishment of voluntary organ donation systems with effective enforcement mechanisms in bilateral diplomatic meetings and in international health forums; (3) to promote the dignity and security of human life in accordance with the Universal Declaration of Human Rights, adopted on December 10, 1948; and (4) to hold accountable persons implicated, including members of the Chinese Communist Party, in forced organ harvesting and trafficking in persons for purposes of the removal of organs. 3. Definitions In this Act: (1) Appropriate committees of Congress The term appropriate committees of Congress (A) the Committee on Foreign Relations and the Committee on the Judiciary of the Senate; and (B) the Committee on Foreign Affairs and the Committee on the Judiciary of the House of Representatives. (2) Forced organ harvesting The term forced organ harvesting (3) Organ The term organ human organ 42 U.S.C. 274e(c)(1) (4) Trafficking in persons for purposes of the removal of organs The term trafficking in persons for purposes of the removal of organs (A) coercion; (B) abduction; (C) deception; (D) fraud; (E) abuse of power or a position of vulnerability; or (F) transfer of payments or benefits to achieve the consent of a person having control over a person described in the matter preceding subparagraph (A). 4. Authority to deny or revoke passports (a) In general The Secretary of State may refuse to issue a passport to any individual who has been convicted of an offense under section 301 of the National Organ Transplant Act ( 42 U.S.C. 274e (b) Revocation The Secretary of State may revoke a passport previously issued to any individual described in subsection (a). 5. Reports on forced organ harvesting and trafficking in persons for purposes of the removal of organs in foreign countries The Foreign Assistance Act of 1961 ( 22 U.S.C. 2151 et seq. (1) in section 116 ( 22 U.S.C. 2151n (h) Forced organ harvesting and trafficking in persons for purposes of the removal of organs (1) In general The report required by subsection (d) shall include an assessment of forced organ harvesting and trafficking in persons for purposes of the removal of organs in each foreign country. (2) Definitions In this subsection: (A) Forced organ harvesting The term forced organ harvesting (B) Organ The term organ human organ 42 U.S.C. 274e(c)(1) (C) Trafficking in persons for purposes of the removal of organs The term trafficking in persons for purposes of the removal of organs (i) coercion; (ii) abduction; (iii) deception; (iv) fraud; (v) abuse of power or a position of vulnerability; or (vi) transfer of payments or benefits to achieve the consent of a person having control over a person described in the matter preceding clause (i). ; and (2) in section 502B ( 22 U.S.C. 2304 (A) by redesignating the second subsection (i) (relating to child marriage status) as subsection (j); and (B) by adding at the end the following: (k) Forced organ harvesting and trafficking in persons for purposes of the removal of organs (1) In general The report required by subsection (b) shall include an assessment of forced organ harvesting and trafficking in persons for purposes of the removal of organs in each foreign country. (2) Definitions In this subsection, the terms forced organ harvesting organ trafficking in persons for purposes of the removal of organs . 6. Imposition of sanctions with respect to forced organ harvesting or trafficking in persons for purposes of the removal of organs (a) List required Not later than 180 days after the date of the enactment of this Act, the President shall submit to the appropriate committees of Congress a list of each person that the President determines funds, sponsors, or otherwise facilitates forced organ harvesting or trafficking in persons for purposes of the removal of organs. (b) Imposition of sanctions The President shall impose the following sanctions with respect to a person on the list required by subsection (a): (1) Property blocking The President shall exercise all of the powers granted by the International Emergency Economic Powers Act ( 50 U.S.C. 1701 et seq. 50 U.S.C. 1701 (2) Aliens inadmissible for visas, admission, or parole (A) Visas, admission, or parole In the case of an individual, that individual is— (i) inadmissible to the United States; (ii) ineligible to receive a visa or other documentation to enter the United States; and (iii) otherwise ineligible to be admitted or paroled into the United States or to receive any other benefit under the Immigration and Nationality Act ( 8 U.S.C. 1101 et seq. (B) Current visas revoked (i) In general The visa or other entry documentation of the individual shall be revoked, regardless of when such visa or other entry documentation is or was issued. (ii) Immediate effect A revocation under clause (i) shall— (I) take effect immediately; and (II) automatically cancel any other valid visa or entry documentation that is in the individual’s possession. (c) Exceptions (1) Exception relating to importation of goods (A) In general The authorities and requirements to impose sanctions under subsection (b)(1) shall not include the authority or a requirement to impose sanctions on the importation of goods. (B) Good defined In this paragraph, the term good (2) Exception to comply with international obligations Subsection (b)(2) shall not apply to the admission of an individual if the admission of the individual is necessary to comply with United States obligations under the Agreement between the United Nations and the United States of America regarding the Headquarters of the United Nations, signed at Lake Success June 26, 1947, and entered into force November 21, 1947, under the Convention on Consular Relations, done at Vienna April 24, 1963, and entered into force March 19, 1967, or under other applicable international agreements or treaties. (3) Exception relating to the provision of humanitarian assistance Sanctions under this section may not be imposed with respect to transactions or the facilitation of transactions— (A) for the sale of agricultural commodities, food, or medicine; (B) for the provision of vital humanitarian assistance; (C) relating to vital humanitarian assistance or for vital humanitarian purposes; or (D) for transporting goods or services that are necessary to carry out operations relating to vital humanitarian assistance. (4) Waiver The President may, on a case-by-case basis and for periods not to exceed 180 days each, waive the application of sanctions imposed with respect to a person under this section if the President certifies to the appropriate committees of Congress not later than 15 days before such waiver is to take effect that the waiver is vital to the national security interests of the United States. (d) Implementation; penalties (1) Implementation The President may exercise all authorities provided under sections 203 and 205 of the International Emergency Economic Powers Act (50 U.S.C. 1702 and 1704) to carry out this section. (2) Penalties A person that violates, attempts to violate, conspires to violate, or causes a violation of this section or any regulation, license, or order issued to carry out this section shall be subject to the penalties set forth in subsections (b) and (c) of section 206 of the International Emergency Economic Powers Act ( 50 U.S.C. 1705 (e) Definitions In this section: (1) Person The term person (A) means an individual or entity; and (B) includes a non-state actor (as such term is defined in section 3 of the International Religious Freedom Act of 1998 ( 22 U.S.C. 6402 (2) United States person The term United States person (A) a United States citizen or an alien lawfully admitted for permanent residence to the United States; or (B) an entity organized under the laws of the United States or any jurisdiction within the United States, including a foreign branch of such an entity.

Stop Forced Organ Harvesting Act of 2023

HCBS Access Act This bill expands coverage of home- and community-based services (HCBS) under Medicaid. It also establishes programs and requirements to support providers who furnish HCBS. Specifically, the bill requires state Medicaid programs to cover HCBS for individuals who (1) are determined to have a functional impairment that affects daily living and that is expected to last at least 90 days, (2) during the five-year period after the bill is enacted, are already receiving HCBS through Medicaid under a demonstration waiver or other state option, or (3) are under the age of 21 and are otherwise eligible. Covered services include home health care services, private nursing services, homemaking assistance, non-emergency and non-medical transportation, and caregiver support. The bill also requires the Office of Management and Budget to revise the Standard Occupational Classification system so that the occupation of direct support professional (i.e., a professional who provides services for individuals with disabilities) is classified under a separate code as a healthcare support occupation. Additionally, the Administration for Community Living must establish a technical assistance center and award grants to government, nonprofit, educational entities, and relevant employers to support training, recruitment, and retention of direct support professionals. The Centers for Medicare & Medicaid Services must study the effects of the bill's implementation on HCBS beneficiaries and the direct care workforce.

118 S762 IS: HCBS Access Act U.S. Senate 2023-03-09 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 118th CONGRESS 1st Session S. 762 IN THE SENATE OF THE UNITED STATES March 9, 2023 Mr. Casey Ms. Hassan Mr. Brown Mr. Kaine Mrs. Gillibrand Mr. Blumenthal Mr. Welch Mr. Fetterman Mr. Merkley Mr. Sanders Ms. Baldwin Ms. Duckworth Ms. Warren Mr. Reed Mr. Markey Mrs. Shaheen Mrs. Murray Committee on Finance A BILL To amend title XIX of the Social Security Act to require coverage of, and expand access to, home and community-based services under the Medicaid program, to award grants for the creation, recruitment, training and education, retention, and advancement of the direct care workforce and to award grants to support family caregivers, and for other purposes. 1. Short title; table of contents (a) Short title This Act may be cited as the HCBS Access Act (b) Table of contents The table of contents of this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Definitions. TITLE I—Requiring and expanding access to HCBS coverage under Medicaid Sec. 101. Purpose. Sec. 102. Requiring coverage of home and community-based services under the Medicaid program. Sec. 103. Medicaid eligibility modifications. Sec. 104. Home and community-based services implementation plan grant program. Sec. 105. Quality of services. Sec. 106. Reports; technical assistance; other administrative requirements. Sec. 107. Quality measurement and improvement. Sec. 108. Making permanent the State option to extend protection under Medicaid for recipients of home and community-based services against spousal impoverishment. Sec. 109. Permanent extension of Money Follows the Person Rebalancing demonstration. TITLE II—Recognizing the role of direct support professionals Sec. 201. Findings. Sec. 202. Definition of direct support professional. Sec. 203. Revision of Standard Occupational Classification System. TITLE III—Support for the direct care workforce Sec. 301. Definitions. Sec. 302. Authority to establish a technical assistance center for building the direct care workforce. Sec. 303. Authority to award grants. Sec. 304. Project plans. Sec. 305. Evaluations and reports; technical assistance. Sec. 306. Authorization of appropriations. TITLE IV—Evaluation Sec. 401. Evaluation of impact on access to HCBS. 2. Definitions In this Act: (1) Demographics The term demographics (2) Private duty nursing The term private duty nursing (3) Secretary Except as otherwise provided, the term Secretary I Requiring and expanding access to HCBS coverage under Medicaid 101. Purpose It is the purpose of this title to require coverage of home and community-based services (in this section referred to as HCBS 42 U.S.C. 1396 et seq. (1) To eliminate waiting lists for HCBS, which delay access to necessary services and civil rights for people with disabilities and older adults. (2) To build on decades of progress in serving people with disabilities and older adults via HCBS. (3) To fulfill the purposes of the Medicaid program to provide medical assistance for those whose income and resources are insufficient to meet the costs of necessary medical services, and to provide rehabilitation, long-term services and supports, and other services to help such families and individuals attain or retain capability for independence or self-care. (4) To ensure that people with all kinds of disabilities and with multiple disabilities, including intellectual disability, cognitive disabilities, developmental disabilities, behavioral health disabilities, physical disabilities, and substance use disorders, and older adults, receive the services they need to live in their communities. (5) To streamline access to HCBS by eliminating the need for States to repeatedly apply for waivers. (6) To continue to increase the capacity of community services to ensure people with disabilities and older adults have safe and meaningful options in the community are not at risk of unnecessary institutionalization. (7) To act on the decades of research and practice showing that everyone, including people with the most severe disabilities, can live in the community with the right services and supports. (8) To support over 53,000,000 unpaid family caregivers who are often providing complex services and supports to older adults and people with disabilities because of a lack of affordable services, workforce shortages, and other inefficiencies. (9) To improve direct care quality and address the decades long workforce barriers, which have been exacerbated by the COVID–19 pandemic, for nearly 2,600,000 direct care professionals providing support to people with disabilities and older adults in their homes and communities. (10) To eliminate the race, gender, sexual orientation, and gender identity disparities that exist in accessing information and HCBS and to prevent the unnecessary impoverishment and institutionalization of black and brown individuals with disabilities and older adults. 102. Requiring coverage of home and community-based services under the Medicaid program (a) Definition of home and community-Based services (1) In general Section 1905 of the Social Security Act ( 42 U.S.C. 1396d (jj) Home and community-Based services (1) In general For purposes of this title, the term home and community-based services (A) meets the qualities specified in paragraph (1) of section 441.710(a) of title 42, Code of Federal Regulations (or a successor regulation); (B) is not described in paragraph (2) of such section (or successor regulation); and (C) meets such other qualities as the Secretary determines appropriate. (2) Services specified (A) In general For purposes of paragraph (1), the services specified in this paragraph are services described in any of paragraphs (7), (8), (13)(C), (19), (20), (24), and (29) (as applied without regard to the reference to September 30, 2025 (i) Supported employment and integrated day services. (ii) Personal assistance, including personal care attendants, direct support professionals, home health aides, private duty nursing, homemakers and chore assistance, and companionship services. (iii) Services that enhance independence, inclusion, and full participation in the broader community. (iv) Non-emergency, non-medical transportation services to facilitate community integration. (v) Respite services provided in the individual’s home or broader community. (vi) Caregiver and family support services. (vii) Case management, including intensive case management, fiscal intermediary, and support brokerage services. (viii) Services which support person-centered planning and self-direction. (ix) Direct support services during acute hospitalizations. (x) Necessary medical and nursing services not otherwise covered which are necessary in order for the individual to remain in their home and community, including hospice services. (xi) Home and community-based intensive behavioral health and crisis intervention services. (xii) Peer support services. (xiii) Housing support, including transitional housing or transitional support services for individuals who are unhoused, and wrap-around services. (xiv) Necessary home modifications and assistive technology, including those which substitute for human assistance. (xv) Transition services to support an individual who is transitioning from an institutional setting to the community, including appropriate services for individuals who are unhoused or at risk of becoming unhoused, and including such transition services provided while the individual resides in an institution. (xvi) Any other service recommended by the panel convened pursuant to subparagraph (B). (B) Specification of recommended services (i) In general Not later than 6 months after the date of the enactment of this subparagraph, and not less frequently than once every 5 years thereafter, the Secretary shall convene an advisory panel (in this subparagraph referred to as the panel (ii) Composition (I) Selection The panel shall be composed of at least one representative (to be selected by the Secretary) from each of the following: (aa) Individuals with disabilities receiving home and community-based services under this title and individuals with disabilities in need of such services, including those with physical disabilities, behavioral health disabilities, or intellectual or developmental disabilities, and including older adults. (bb) Beneficiary-led disability rights organizations. (cc) Disability-led organizations. (dd) Disabled veterans organizations. (ee) Disability organizations representing families. (ff) Community-based provider organizations. (gg) Organizations serving older adults. (hh) The Protection and Advocacy system, the Centers for Independent Living. (ii) Health care providers. (jj) The National Association of Medicaid Directors. (kk) The National Association of State Directors of Developmental Disabilities Services. (ll) The National Association of State Mental Health Program Directors. (mm) ADvancing States. (nn) The Centers for Medicare & Medicaid Services. (oo) The Administration for Community Living of the Department of Health and Human Services. (pp) Other relevant local, State, and Federal home and community-based service systems, as determined by the Secretary. (II) Requirement for equal representation The Secretary shall select an equal number of representatives from each category described in items (aa) through (oo) subclause (I) in convening the panel. (iii) Duties Not later than 6 months after a panel is convened under clause (i), the panel shall submit to the Secretary and to Congress a report recommending additional services which shall be included as home and community-based services under this paragraph. Such recommended services shall be so specified with the goal of increasing community integration and self-determination for individuals with disabilities receiving such services. (iv) Implementation of recommended services (I) In general Services recommended by the panel in a report submitted under clause (iii) shall be treated as services described in subparagraph (A)(xvi) for calendar quarters beginning on or after the date that is 1 year after the date of such submission. (II) Notification Not later than 1 year after the first report is submitted under clause (iii), and not later than 1 year after the submission of each subsequent such report, the Secretary shall notify States of any additions or removals of home and community-based services based on services recommended under such report through State Medicaid Director letters. (3) Eligible individual (A) In general For purposes of paragraph (1), the term eligible individual (i) an individual who is determined, on an annual basis or on a longer basis specified by the State, by a health care provider approved by the State under a process described in subparagraph (C) to have a functional impairment (as defined in subparagraph (B)) (not taking into account any items or services, or any other ameliorative measures, furnished to such individual to mitigate such impairment) that is expected to last at least 90 days; (ii) during the period that ends on the day before the first day of the first calendar quarter beginning on or after the date that is 5 years after the date of the enactment of this subsection, an individual who, as of such date of enactment, is receiving or has been determined to be eligible for, home and community-based services under this title under a waiver or State plan option in effect under section 1915 or 1115, provided that the individual continues to meet any level of care requirement applicable under such waiver or plan option; or (iii) an individual who is eligible under the State plan or waiver and is under the age of 21. (B) Functional impairment For purposes of subparagraph (A), the term functional impairment (i) 2 or more activities of daily living (as described in section 7702B(c)(2)(B) (ii) 2 or more instrumental activities of daily living (as defined for purposes of section 1915(k)(1)(A)); or (iii) 1 activity of daily living (as so described) and 1 instrumental activity of daily living (as so defined). (C) Health care provider State approval For purposes of subparagraph (A)(i), a process described in this subparagraph is a process established by the State to approve health care providers to make determinations described in such subparagraph that meets such standards as the Secretary may prescribe. (4) Individualized assessment (A) In general For purposes of paragraph (1), an individualized assessment described in this paragraph is an independent assessment, with respect to an eligible individual— (i) to determine a necessary level of services and supports to be provided, consistent with an individual’s functional impairments, to facilitate an individual’s community integration, self-determination, and well-being; (ii) to prevent the provision of unnecessary or inappropriate care; (iii) to establish a person-centered care plan (as described in subparagraph (C)) for the individual; (iv) that includes each of the elements described in clauses (ii) through (v) of section 1915(i)(1)(F); and (v) that occurs not later than 30 days after such individual is determined to be an eligible individual. (B) Presumption The assessment described in subparagraph (A) shall be conducted with the presumption— (i) that each eligible individual, regardless of type or level of disability or service need, can be served in the individual’s own home and community; and (ii) at the option of the individual, that services may be self-directed (as defined in section 1915(i)(1)(G)(iii)(II)). (C) Person-centered care plan For purposes of subparagraph (A)(iii), a person-centered care plan described in this subparagraph is a written plan with respect to an individual that meets the requirements of section 1915(i)(1)(G)(ii). (D) Standards An individualized assessment described in subparagraph (A) shall be conducted in accordance with standards specified by the Secretary, in consultation with the Administration for Community Living, that— (i) safeguard against conflicts of interest; (ii) specify qualifications for who may perform such assessments; (iii) ensure transparency in the furnishing of such assessments, including ensuring the provision of the results of such assessments that includes information in plain language necessary to interpret the methodology and results of such assessments; (iv) ensure that the methodologies used in such assessments are sound and evidence-based; and (v) require such methodologies to be made available on the public website of the State and tested for reliability and validity by an independent evaluator. . (2) Inclusion as medical assistance Section 1905(a) of the Social Security Act ( 42 U.S.C. 1396d(a) (A) in paragraph (30), by striking ; and (B) by redesignating paragraph (31) as paragraph (32); and (C) by inserting after paragraph (30) the following new paragraph: (31) home and community-based services (as defined in subsection (jj)); and . (b) Mandatory benefit (1) In general Section 1902(a)(10)(A) of the Social Security Act ( 42 U.S.C. 1396a(a)(10)(A) and (30) (30), and (31) (2) Effective date The amendment made by this subsection shall take effect on the first day of the first calendar quarter that begins on or after the date that is 5 years after the date of enactment of this Act. (c) Ensuring coverage of HCBS for all Medicaid-Eligible individuals Section 1902(a)(10)(D) of the Social Security Act ( 42 U.S.C. 1396a(a)(10)(A) (1) by inserting (i) (D) (2) by adding and (3) by adding at the end the following new clause: (ii) beginning on the first day of the first calendar quarter that begins on or after the date that is 5 years after the date of enactment of this clause (or at such earlier date as the State may elect) for the inclusion of home and community-based services (as defined in section 1905(jj)) for any individual who— (I) is eligible for medical assistance under the State plan (or waiver of such plan); (II) is an eligible individual (as defined in such section); and (III) elects to receive such services. . (d) Federal medical assistance percentage for home and community-Based services Section 1905 of the Social Security Act ( 42 U.S.C. 1396d (1) in subsection (b), by striking and (ii) (ii), and (kk) (2) by adding at the end the following new subsection: (kk) Specified FMAP for home and community-Based services (1) In general Notwithstanding any other provision of law and except as provided in paragraph (3), the Federal medical assistance percentage for amounts expended for medical assistance for home and community-based services (as defined in subsection (jj)), including any such services furnished under a waiver in effect under section 1915, on or after the date of the enactment of this subsection shall be equal to 100 percent. (2) Access to essential HCBS As a condition of receiving the Federal medical assistance percentage described in paragraph (1), a State shall enhance, expand, or strengthen the level of home and community-based services offered under the State plan under this title (or a waiver of such a plan) as of the date of enactment of this subsection by doing all of the following: (A) Addressing access barriers and disparities in access or utilization identified in the State HCBS implementation plan. (B) Using no wrong door (C) Providing supports to family caregivers, which shall include providing respite care, and may include providing such services as caregiver assessments, peer supports, access to assistive technology, or paid family caregiving. (D) Adopting processes to ensure that payments for home and community-based services are sufficient to ensure that such services are available to eligible beneficiaries. (3) Exception The Federal medical assistance percentage applicable to medical assistance for home and community-based services furnished to an individual who is only eligible for medical assistance under a State plan or waiver on the basis of section 1902(a)(10)(A)(ii)(XXIV) shall be determined without regard to this subsection. . (e) Sunset of HCBS waivers Section 1915 of the Social Security Act ( 42 U.S.C. 1396n (m) Sunset of provisions relating to home and community-Based services (1) In general Except as provided in paragraph (2), the preceding provisions of this section, insofar as such provisions relate to a waiver for home and community-based services, shall not apply beginning with the first calendar quarter beginning on or after the date that is 5 years after the date of the enactment of this subsection. (2) Exception The Secretary may waive the application of paragraph (1) for a calendar quarter and a State if the State requests such a waiver and the Secretary determines that such a waiver is appropriate. . (f) Conforming amendments (1) In general Title XIX of the Social Security Act ( 42 U.S.C. 1396 et seq. (A) in section 1905(a), in the matter preceding the first numbered paragraph— (i) in clause (xv), by striking the comma at the end and inserting , or (ii) in clause (xvi)— (I) by moving the left margin 2 ems to the left; and (II) by striking , or (iii) by striking clause (xvii); and (B) in section 1943(b)(5), by striking the State a determination be conducted on an annual basis (or on such longer basis as specified by the State) in accordance with section 1905(jj) for purposes of providing home and community-based services under the State plan (or waiver of such plan). (2) Effective date (A) In general Except as provided in subparagraph (B), the amendments made by this subsection shall take effect on the first day of the first calendar quarter that begins on or after the date that is 5 years after the date of enactment of this Act. (B) Exception for States authorized to continue operating HCBS waivers In the case of a State for which the Secretary has waived the application of paragraph (1) of subsection (m) of section 1915 of the Social Security Act ( 42 U.S.C. 1396n 103. Medicaid eligibility modifications Section 1902(a)(10) of the Social Security Act ( 42 U.S.C. 1396a(a)(10) (1) in subparagraph (A)(i)— (A) in subclause (VIII), by striking ; or (B) in subclause (IX)(dd), by striking the semicolon at the end and inserting ; or (C) by inserting after subclause (IX) the following new subclause: (X) beginning with the first calendar quarter that begins on or after the date that is 5 years after the date of enactment of this subclause (or such earlier date as the State may elect), who are eligible individuals described in subsection (jj)(3)(A) and are not described in a previous subclause of this clause and whose income does not exceed the greater of— (aa) 150 percent of the poverty line (as defined in section 2110(c)(5)) applicable to a family of the size involved; and (bb) 300 percent of the supplemental security income benefit rate established by section 1611(b)(1); ; and (2) in subparagraph (A)(ii)— (A) in subclause (XXII), by striking ; or (B) in subclause (XXIII), by striking the semicolon at the end and inserting ; or (C) by adding at the end the following new subclause: (XXIV) who are eligible individuals who would be described in clause (i)(X) but for the fact that their income exceeds the income levels established under such clause but is less than such income level as the State may establish for purposes of this subclause; . 104. Home and community-based services implementation plan grant program (a) In general Not later than 1 year after the date of the enactment of this Act, the Secretary shall award to each State a grant for purposes of enabling such State to implement the requirement to provide home and community-based services under title XIX of the Social Security Act ( 42 U.S.C. 1396 et seq. (b) Use of funds A grant awarded under subsection (a) shall be used by a State to develop an implementation plan described in subsection (c) to be submitted to the Secretary for approval. (c) Implementation plan An implementation plan described in this subsection is a plan developed by a State that includes the following: (1) An explanation of how the State will operationalize the definition of an eligible individual under section 1905(jj) of the Social Security Act, including the process for determinations specified in paragraph (3)(A)(i) of such section. (2) A description of the State’s plan to ensure a stable and high quality workforce and how the State plans to ensure a living wage for individuals furnishing home and community-based services and identify and address any additional workforce issues. (3) A list of any home and community-based services provided under the State Medicaid plan (including any waiver of such plan) as of the date of enactment of this Act, including a breakdown of use of such services by demographics (as defined in section 2), compared to such services that are required under the amendments made by section 102, and a description of numerical goals to increase access to such services that have barriers to access for populations in need of such services. (4) A description of how the State will incorporate existing State disability agencies into the new unified provision of home and community-based services and how such State will ensure that such services address all functional impairments. (5) An explanation of how the State will ensure access to such services. (6) A plan for carrying out outreach and education activities with respect to the availability of such services through Aging and Disability Resource Centers and other similar entities (such as entities receiving funds from the Administration for Community Living or the Substance Abuse and Mental Health Services Administration), including a program that ensures that an individual is not denied such services based on the fact that the individual contacts the wrong entity (commonly referred to as a No Wrong Door Program (7) A plan for how such services will be coordinated with other relevant State agencies, such as housing, transportation, child welfare, food and income security, and employment agencies. (8) A description of how the State will build capacity prior to the implementation of the requirement described in subsection (a) to ensure that such services are available to every eligible individual under the Medicaid program and how the State will ensure that such services are provided in a setting that meets the requirements specified in paragraph (1) of section 1905(jj) of the Social Security Act, as added by section 102. (9) In the case of a State that utilizes an alternative benefit plan, a description of how the State will ensure that all individuals who are eligible individuals (as defined in such section) are appropriately identified as medically frail and exempted from such plan. (10) How the State will coordinate eligibility for such services with other disability eligibility programs, such as disability buy-in programs. (11) Data and milestone requirements to ensure community integration, including such requirements with respect to utilization of such services by demographics (as defined in section 2). (d) State plan requirement Section 1902(a) of the Social Security Act ( 42 U.S.C. 1396a(a) (1) in paragraph (86), by striking and (2) in paragraph (87), by striking the period at the end and inserting ; and (3) by adding at the end the following new paragraph: (88) provide for the submission to the Secretary of an implementation plan described in section 104(c) of the HCBS Access Act . (e) Authorization of appropriations There is authorized to be appropriated to the Secretary such sums as are necessary to carry out this section. (f) Definitions In subsections (a) through (c): (1) Home and community-based services The term home and community-based services 42 U.S.C. 1396d (2) State The term State 42 U.S.C. 1301(1) 42 U.S.C. 1396 et seq. 105. Quality of services (a) In general (1) Development of metrics Not later than 1 year after the date of enactment of this Act, the Director of the Agency for Healthcare Research and Quality, in consultation with State Medicaid Directors, shall develop standardized, State-level metrics of access to, and satisfaction with, providers, including primary care and specialist providers, with respect to individuals who are enrolled in State Medicaid plans under title XIX of the Social Security Act, broken down by demographics (as defined in section 2) and any other category determined by the Secretary. Such metrics shall include metrics on the total number of individuals enrolled in the State plan or under a waiver of the plan during a fiscal year that required the level of care provided in a nursing facility, intermediate care facility for individuals with intellectual disability, institution for mental disease, or other similarly restrictive or institutional setting. (2) Process The Director of the Agency for Healthcare Research and Quality shall develop the metrics described in paragraph (1) through a public process, which shall provide opportunities for stakeholders to participate. (b) Updating metrics The Director of the Agency for Healthcare Research and Quality, in consultation with the Deputy Administrator for the Center for Medicaid and CHIP Services and State Medicaid Directors, shall update the metrics developed under subsection (a) not less than once every 3 years. (c) State implementation funding The Director of the Agency for Healthcare Research and Quality may award funds, from the amount appropriated under subsection (d), to States for the purpose of implementing the metrics developed under this section. (d) Appropriation There is appropriated to the Director of the Agency for Healthcare Research and Quality, out of any funds in the Treasury not otherwise appropriated, $200,000,000 for fiscal year 2024, to remain available until expended, for the purpose of carrying out this section. 106. Reports; technical assistance; other administrative requirements (a) Reports The Secretary shall submit to the Committee on Energy and Commerce of the House of Representatives, the Committee on Education and Labor of the House of Representatives, the Committee on Finance of the Senate, the Committee on Health, Education, Labor and Pensions of the Senate, and the Special Committee on Aging of the Senate the following reports relating to the HCBS implementation plan grant program established under section 104: (1) Interim report Not later than 2 years after the date of enactment of this Act, a report that describes— (A) State efforts to develop their HCBS implementation plans; and (B) the funds awarded to States. (2) First implementation report Not later than 4 years after the date of enactment of this Act, a report that includes the following: (A) A description of the HCBS implementation plans approved by the Secretary under section 104. (B) A description of the national landscape with respect to gaps in coverage of home and community-based services, disparities in access to, and utilization of, such services, and barriers to accessing such services. (C) A description of the national landscape with respect to the direct care workforce that provides home and community-based services, including with respect to compensation, benefits, and challenges to the availability of such workers. (3) Subsequent reports Not later than 7 years after the date of enactment of this Act, and every 3 years thereafter, a report that includes the following: (A) The number of HCBS program improvement States and the funds awarded to States to develop their plans. (B) A summary of the progress being made by such States with respect to strengthening and expanding access to home and community-based services and the direct care workforce that provides such services and meeting the benchmarks for demonstrating improvements required under section 1905(jj)(5) of the Social Security Act (as added by section 102). (C) A summary of outcomes related to home and community-based services core quality measures and beneficiary and family caregiver surveys. (D) A summary of the challenges and best practices reported by States in expanding access to home and community-based services and supporting and expanding the direct care workforce that provides such services. (b) Technical assistance; guidance; regulations The Secretary shall provide HCBS program improvement States with technical assistance related to carrying out the HCBS implementation plans approved by the Secretary under section 104 and meeting the requirements and benchmarks for demonstrating improvements required under section 1905(jj) of the Social Security Act (as added by section 102) and shall issue such guidance or regulations as necessary to carry out this title and the amendments made by this title, including guidance specifying how States shall assess and track the availability of home and community-based services over time. (c) Recommendations To guide HCBS implementation (1) In general Not later than 18 months after the date of enactment of this Act, the Secretary shall coordinate with the Secretary of Labor and the Administrator of the Centers for Medicare & Medicaid Services for purposes of issuing recommendations for the Federal Government and for States to strengthen the direct care workforce that provides home and community-based services, including with respect to how the Federal Government should classify the direct care workforce, how such Administrator and State Medicaid programs can enforce and support the provision of competitive wages and benefits across the direct care workforce, including for workers with particular skills or expertise, and how State Medicaid programs can support training opportunities and other related efforts that support the provision of quality home and community-based services care. (2) Stakeholder consultation (A) In general In developing the recommendations required under paragraph (1), the Secretary shall ensure that such recommendations are informed by consultation with recipients of home and community-based services, family caregivers of such recipients, providers, health plans, direct care workers, chosen representatives of direct care workers, and aging, disability, and workforce advocates. (B) Consultation with current and potential HCBS beneficiaries and family caregivers As part of the process of developing recommendations under subparagraph (A), the Secretary shall— (i) hold at least 1 meeting for the purpose of developing such recommendations that is solely with current and potential recipients of home and community-based services and family caregivers of such recipients; and (ii) seek to achieve parity in terms of the level of participation in the development of such recommendations between— (I) current and potential recipients of home and community-based services and family caregivers of such recipients; and (II) other categories of stakeholder described in subparagraph (A). (d) Funding Out of any funds in the Treasury not otherwise appropriated, there is appropriated to the Secretary for purposes of carrying out this section, $10,000,000 for fiscal year 2024, to remain available until expended. 107. Quality measurement and improvement (a) Development and publication of core and supplemental sets of HCBS quality measures (1) In general The Secretary shall identify and publish a core set and supplemental set of home and community-based services quality measures for use by State Medicaid programs, health plans and managed care entities that enter into contracts with such programs, and providers of items and services under such programs. (2) Regular reviews and updates The Secretary shall review and update the core set and supplemental set of home and community-based services quality measures published under paragraph (1) not less frequently than once every year. (3) Requirements (A) Interagency collaboration; stakeholder input In developing the core set and supplemental set of home and community-based services quality measures under paragraph (1), and subsequently reviewing and updating such core and supplemental sets, the Secretary shall— (i) collaborate with the Administrator of the Centers for Medicare & Medicaid Services, the Administrator of the Administration for Community Living, the Director of the Agency for Healthcare Research and Quality, and the Administrator of the Substance Abuse and Mental Health Services Administration; and (ii) ensure that such core and supplemental sets are informed by input from stakeholders, including recipients of home and community-based services, family caregivers of such recipients, providers, health plans, direct care workers, chosen representatives of direct care workers, and aging, disability, and workforce advocates, with the goal that at least half of such input is from current and potential recipients of home and community-based services and family caregivers. (B) Reflective of full array of services Such core set and supplemental set of home and community-based services quality measures shall— (i) reflect the full array of home and community-based services and recipients of such services, including adults and children; and (ii) include— (I) outcomes-based measures; (II) measures of availability of services; (III) measures of provider capacity and availability; (IV) measures related to person-centered care; (V) measures specific to self-directed care; (VI) measures related to transitions to and from institutional care; and (VII) beneficiary and family caregiver surveys. (C) Demographics Such core set and supplemental set of home and community-based services quality measures shall allow for the collection of data that is disaggregated by demographics (as defined in section 2 but including any additional category determined by the Secretary). (4) Funding Out of any funds in the Treasury not otherwise appropriated, there is appropriated to the Secretary for purposes of carrying out this subsection, $10,000,000 for fiscal year 2024, to remain available until expended. (b) State adoption and reports (1) In general Not later than 2 years after the date on which the Secretary publishes the core set and supplemental set of home and community-based services quality measures under subsection (a)(1), and annually thereafter, each State Medicaid program shall use such core and supplemental sets (or an alternative set of quality measures approved by the Secretary) to report information to the Secretary regarding the quality of home and community-based services provided under such program. (2) Process The information required under paragraph (1) shall be reported using a standardized format and procedures established by the Secretary. Such procedures shall allow a State Medicaid program to report such information separately or as part of the annual reports required under sections 1139A(c) and 1139B(d) of the Social Security Act (42 U.S.C. 1320b–9a, 1320b–9b). (3) Publication of quality measures Each State Medicaid program shall annually make the information reported to the Secretary under paragraph (1) available to the public. (4) Increased Federal matching rate for adoption and reporting Section 1903(a)(3) of the Social Security Act ( 42 U.S.C. 1396b(a)(3) (A) in subparagraph (F)(ii), by striking plus and (B) by inserting after subparagraph (F), the following: (G) 80 percent of so much of the sums expended during such quarter as are attributable to the reporting of information regarding the quality of home and community-based services in accordance with section 107(b) of the HCBS Access Act . 108. Making permanent the State option to extend protection under Medicaid for recipients of home and community-based services against spousal impoverishment (a) In general Section 1924(h)(1)(A) of the Social Security Act ( 42 U.S.C. 1396r–5(h)(1)(A) is described in section 1902(a)(10)(A)(ii)(VI) is an eligible individual (as defined in section 1905(jj)(3)) (b) Conforming amendment Section 2404 of the Patient Protection and Affordable Care Act ( 42 U.S.C. 1396r–5 September 30, 2027 the date of enactment of the HCBS Access Act 109. Permanent extension of Money Follows the Person Rebalancing demonstration Subparagraph (L) of section 6071(h)(1) of the Deficit Reduction Act of 2005 ( 42 U.S.C. 1396a each of fiscal years 2024 through 2027 each fiscal year after 2023 II Recognizing the role of direct support professionals 201. Findings Congress finds the following: (1) Direct support professionals play a critical role in the care provided to children and adults with intellectual and developmental disabilities. (2) Providers of home and community-based services are experiencing difficulty hiring and retaining direct support professionals, with a national turnover rate of 45 percent as identified in a 2016 study by the National Core Indicators. (3) High turnover rates can lead to instability for individuals receiving services, and this may result in individuals not receiving enough personalized care to help them reach their goals for independent living. (4) A discrete occupational category for direct support professionals will help States and the Federal Government— (A) better interpret the shortage in the labor market of direct support professionals; and (B) collect data on the high turnover rate of direct support professionals. (5) The Standard Occupational Classification system is designed and maintained solely for statistical purposes, and is used by Federal statistical agencies to classify workers and jobs into occupational categories for the purpose of collecting, calculating, analyzing, or disseminating data. (6) Occupations in the Standard Occupational Classification system are classified based on work performed and, in some cases, on the skills, education, or training needed to perform the work. (7) Establishing a discrete occupational category for direct support professionals will— (A) correct an inaccurate representation in the Standard Occupational Classification system; (B) recognize these professionals for the critical and often times overlooked work that they perform for the disabled community, which work is different than the work of a home health aide or a personal care aide; and (C) better align the Standard Occupational Classification system with related classification systems. 202. Definition of direct support professional In this title, the term direct support professional 42 U.S.C. 12102 (1) services that enhance independence and community inclusion for such individual, including traveling with such individual, attending and assisting such individual while visiting friends and family, shopping, or socializing; (2) services such as coaching and supporting such individual in communicating needs, achieving self-expression, pursuing personal goals, living independently, and participating actively in employment or voluntary roles in the community; (3) services such as providing assistance with activities of daily living (such as feeding, bathing, toileting, and ambulation) and with tasks such as meal preparation, shopping, light housekeeping, and laundry; or (4) services that support such individual at home, work, school, or any other community setting. 203. Revision of Standard Occupational Classification System The Director of the Office of Management and Budget shall, not later than 30 days after the date of enactment of this Act, revise the Standard Occupational Classification system to establish a separate code (31–1123) for direct support professionals as a healthcare support occupation. Such code shall be a subset of 31–1120, which includes home health aides and personal care aides. III Support for the direct care workforce 301. Definitions In this title: (1) Apprenticeship program The term apprenticeship program National Apprenticeship Act 29 U.S.C. 50 et seq. (2) Community college The term community college 20 U.S.C. 1059c (3) Direct care professional The term direct care professional (A) means an individual who, in exchange for compensation, provides services to a person with a disability or an older adult that promotes the independence of such person or individual, including— (i) services that enhance the independence and community inclusion for such person or individual, including traveling with such person or individual or attending and assisting such person or individual while visiting friends and family, shopping, or socializing; (ii) services such as coaching and supporting such person or individual in communicating needs, achieving self-expression, pursuing personal goals, living independently, and participating actively in employment or voluntary roles in the community; (iii) services such as providing assistance with activities of daily living (such as feeding, bathing, toileting, and ambulation) and with tasks such as meal preparation, shopping, light housekeeping, and laundry; (iv) services that support such person or individual at home, work, school, or in any other community setting; or (v) services that promote health and wellness, including scheduling and taking such person or individual to health care appointments, communicating with health and allied health professionals administering medications, implementing health and behavioral health interventions and treatment plans, monitoring and recording health status and progress; and (B) may include— (i) a service provider supporting people with intellectual disability and developmental disabilities, and other disabilities; (ii) a home and community-based services manager or direct support professional manager; (iii) a self-directed care worker; (iv) a personal care service worker; (v) a direct care worker, as defined in section 799B of the Public Health Service Act ( 42 U.S.C. 295p (vi) any other position or job related to the home care or direct care workforce, such as positions or jobs in respite care, palliative care, community support, or peer support, as determined by the Secretary, in consultation with the Centers for Medicare & Medicaid Services and the Secretary of Labor. (4) Direct care workforce The term direct care workforce (5) Family caregiver The term family caregiver 42 U.S.C. 3030s Public Law 115–119 (6) Eligible entity The term eligible entity (A) that is— (i) a State; (ii) a labor organization, joint labor-management organization, or employer of direct care professionals; (iii) a nonprofit entity with experience in aging, disability, or supporting the rights and interests of, training of, or educating direct care professionals or family caregivers; (iv) an Indian Tribe, Tribal organization, or Urban Indian organization; (v) a community college or other institution of higher education; or (vi) a consortium of entities listed in any of clauses (i) through (v); (B) that agrees to include, as applicable with respect to the type of grant the entity is seeking under this title and the activities supported through such grant, older adults, people with disabilities, direct care professionals, and family caregivers, as advisors and trainers in such activities; and (C) that agrees to consult with the State Medicaid agency of the State (or each State) served by the grant on the grant activities, to the extent that such agency (or each such agency) is not the eligible entity. (7) Employer The terms employ employer 29 U.S.C. 203 (8) Indian Tribe; Tribal organization The terms Indian Tribe Tribal organization 25 U.S.C. 5304 (9) Institution of higher education The term institution of higher education (A) an institution of higher education defined in section 101 of the Higher Education Act of 1965 ( 20 U.S.C. 1001 (B) an institution of higher education defined in section 102(a)(1)(B) of such Act ( 20 U.S.C. 1002(a)(1)(B) (10) Older adult The term older adult (11) Person with a disability The term person with a disability 42 U.S.C. 12102 (12) Project participant The term project participant (13) Secretary The term Secretary (14) Self-directed care professional The term self-directed care professional (15) Supportive services The term supportive services (16) Urban indian organization The term urban Indian organization 25 U.S.C. 1603 (17) Workforce innovation and opportunity act terms The terms career pathway career planning in-demand industry sector or occupation individual with a barrier to employment local board on-the-job training recognized postsecondary credential region State board 29 U.S.C. 3102 (18) Work-based learning The term work-based learning 20 U.S.C. 2302 302. Authority to establish a technical assistance center for building the direct care workforce (a) Program authorized The Secretary shall establish a national technical assistance center (referred to in this section as the Center (1) supporting direct care workforce creation, training and education, recruitment, retention, and advancement; and (2) supporting family caregivers and activities of family caregivers as a critical part of the support team for older adults or people with disabilities. (b) Advisory council The Secretary shall convene an advisory council to provide recommendations to the Center with respect to the duties of the Center under this section and may engage individuals and entities described in paragraphs (3)(B), and (12), of section 304(b) (without regard to a specific project described in such paragraphs) for service on the advisory council. (c) Activities The Center may— (1) develop recommendations for training and education curricula for direct care professionals, which such recommendations may include recommendations for curricula for higher education, postsecondary credentials, and programs with community colleges; (2) develop learning and dissemination strategies to— (A) engage States and other entities in activities supported under this title and best practices; and (B) distribute findings from activities supported by grants under this title; (3) develop recommendations for training and education curricula and other strategies for supporting family caregivers; (4) explore the national data gaps, workforce shortage areas, and data collection strategies for direct care professionals and make recommendations to the Director of the Office of Management and Budget for an occupation category in the Standard Occupational Classification system for direct support professionals as a healthcare support occupation; (5) recommend career development and advancement opportunities for direct care professionals, which may include occupational frameworks, national standards, recruitment campaigns, pre-apprenticeship and on-the-job training opportunities, apprenticeship programs, career ladders or pathways, specializations or certifications, or other activities; and (6) develop strategies for assisting with reporting and evaluation of grant activities under section 305. 303. Authority to award grants (a) Grants (1) In general Not later than 12 months after the date of enactment of this title, the Secretary, in consultation with the Centers for Medicare & Medicaid Services, the Secretary of Labor, and the Secretary of Education, shall award grants described in paragraph (2) to eligible entities. A grant awarded under this section may be in more than 1 category described in such paragraph. (2) Categories of grants The categories of grants described in this paragraph are each of the following: (A) Direct care professional grants Grants to eligible entities to create and carry out projects for the purposes of recruiting, retaining, or providing advancement opportunities for direct care professionals who are not described in subparagraph (B) or (C), including through education or training programs for such professionals or individuals seeking to become such professionals. (B) Direct care professional managers grants Grants to eligible entities to create and carry out projects for the purposes of recruiting, retaining, or providing advancement opportunities for direct care professionals who are managers or supervisory staff that have coaching, training, managerial, supervisory, or other oversight responsibilities, including through education or training programs for such professionals or individuals seeking to become such professionals. (C) Self-directed care professionals grants Grants to eligible entities to create and carry out projects for the purposes of recruiting, retaining, or providing advancement opportunities for self-directed care professionals, including through education or training programs for such professionals or individuals seeking to become such professionals. (D) Family caregiver grants Grants to eligible entities to create and carry out projects for providing support to paid or unpaid family caregivers through educational, training, or other resources, including resources for caregiver self-care or educational or training resources for individuals newly in a caregiving role or seeking additional support in the role of a family caregiver. (3) Projects for advancement opportunities Not less than 30 percent of projects assisted with grants under this title shall be projects to provide career pathways that offer opportunities for professional development and advancement opportunities to direct care professionals. (b) Treatment of continuation activities An eligible entity that carries out activities described in subsection (a)(2) prior to receipt of a grant under this title may use such grant to continue carrying out such activities, and, in using such grant to continue such activities, shall be treated as an eligible entity carrying out a project through a grant under this title. 304. Project plans (a) In general An eligible entity seeking a grant under this title shall submit to the Secretary a project plan for each project to be developed and carried out (or for activities to be continued as described in section 303(b)) with the grant at such time, in such manner, and containing such information as the Secretary may require. (b) Contents A project plan submitted by an eligible entity under subsection (a) shall include a description of information determined relevant by the Secretary for purposes of the category of the grant and the activities to be carried out through the grant. Such information may include (as applicable) the following: (1) The demographics (as defined in section 2) of the population in the State or relevant geographic area, including a description of the populations likely to need long-term care services, such as people with disabilities and older adults. (2) Projections of unmet need for services provided by direct care professionals based on enrollment waiting lists under home and community-based waivers under section 1115 of the Social Security Act ( 42 U.S.C. 1315 42 U.S.C. 1396n (3) An advisory committee to advise the eligible entity on activities to be carried out through the grant. Such advisory committee— (A) may be comprised of entities listed in paragraph (12); and (B) shall include— (i) older adults or persons with a disability; (ii) organizations representing the rights and interests of people receiving services by the direct care professionals or family caregivers targeted by the project; (iii) individuals who are direct care professionals or family caregivers targeted by the project and organizations representing the rights and interests of direct care professionals or family caregivers; (iv) as applicable, employers of individuals described in clause (iii) and labor organizations representing such individuals; (v) representatives of the State Medicaid agency, the State agency defined in section 102 of the Older Americans Act of 1965 ( 42 U.S.C. 3002 (vi) representatives reflecting diverse racial, cultural, ethnic, geographic, socioeconomic, and gender identity and sexual orientation perspectives. (4) Current or projected job openings for, or relevant labor market information related to, the direct care professionals targeted by the project in the State or region to be served by the project, and the geographic scope of the workforce to be served by the project. (5) Specific efforts and strategies that the project will undertake to reduce barriers to recruitment, retention, or advancement of the direct care professionals targeted by the project, including an assurance that such efforts will include— (A) an assessment of the wages or other compensation or benefits necessary to recruit and retain the direct care professionals targeted by the project; (B) a description of the project’s projected compensation or benefits for the direct care professionals targeted by the project at the State or local level, including a comparison of such projected compensation or benefits to regional and national compensation or benefits and a description of how wages and benefits received by project participants will be impacted by the participation in and completion of the project; and (C) a description of the projected impact of workplace safety issues on the recruitment and retention of direct care professionals targeted by the project, including the availability of personal protective equipment. (6) In the case of a project offering an education or training program for direct care professionals, a description of such program (including how the core competencies identified by the Centers for Medicare & Medicaid Services will be incorporated, curricula, models, and standards used under the program, and any associated recognized postsecondary credentials for which the program provides preparation, as applicable), which shall include an assurance that such program will provide to each project participant in such program— (A) relevant training regarding the rights of recipients of home and community based services, including their rights to— (i) receive services in integrated settings that provide access to the broader community; (ii) exercise self-determination; (iii) be free from all forms of abuse, neglect, or exploitation; and (iv) person-centered planning and practices, including participation in planning activities; (B) relevant training to ensure that each project participant has the necessary skills to recognize abuse and understand their obligations with regard to reporting and responding to abuse appropriately in accordance with relevant Federal and State law; (C) relevant training regarding the provision of culturally competent and disability competent supports to recipients of services provided by the direct care professionals targeted by the project; (D) an apprenticeship program, work-based learning, or on-the-job training opportunities; (E) supervision or mentoring; and (F) for any on-the-job training portion of the program, a progressively increasing, clearly defined schedule of wages to be paid to each such participant that— (i) is consistent with skill gains or attainment of a recognized postsecondary credential received as a result of participation in or completion of such program; and (ii) ensures the entry wage is not less than the greater of— (I) the minimum wage required under section 6(a) of the Fair Labor Standards Act of 1938 ( 29 U.S.C. 206(a) (II) the applicable wage required by other applicable Federal or State law, or a collective bargaining agreement. (7) Any other innovative models or processes the eligible entity will implement to support the retention and career advancement of the direct care professionals targeted by the project. (8) The supportive services and benefits to be provided to the project participants in order to support the employment, retention, or career advancement of the direct care professionals targeted by the project. (9) How the eligible entity will make use of career planning to support the identification of advancement opportunities and career pathways for the direct care professionals in the State or region to be served by the project. (10) How the eligible entity will collect and submit to the Secretary workforce data and outcomes of the project. (11) How the project— (A) will— (i) provide adequate and safe equipment and facilities for training and supervision, including a safe work environment free from discrimination, which may include the provision of personal protective equipment and other necessary equipment to prevent the spread of infectious disease among the direct care professionals targeted by the project and recipients of services provided by such professionals; (ii) incorporate remote training and education opportunities or technology-supported opportunities; (iii) for training and education curricula, incorporate evidenced-supported practices for adult learners and universal design for learning and ensure recipients of services provided by the direct care professionals or family caregivers targeted by the project participate in the development and implementation of such training and education curricula; (iv) use outreach, recruitment, and retention strategies designed to reach and retain a diverse workforce; (v) incorporate methods to monitor satisfaction with project activities for project participants and individuals receiving services from such participants; (vi) incorporate evidence-supported practices for family caregiver engagement; and (vii) incorporate core competencies identified by the Centers for Medicare & Medicaid Services; and (B) may incorporate continuing education programs and specialty training, with a specific focus on— (i) trauma-informed care; (ii) behavioral health, including co-occurring behavioral health conditions and intellectual or developmental disabilities; (iii) Alzheimer’s and dementia care; (iv) chronic disease management; and (v) the use of supportive or assistive technology. (12) How the eligible entity will consult on the implementation of the project, or coordinate the project with, each of the following entities, to the extent that each such entity is not the eligible entity: (A) The State Medicaid agency, State agency defined in section 102 of the Older Americans Act of 1965 ( 42 U.S.C. 3002 (B) The local board and State board for each region, or State, to be served by the project. (C) In the case of a project that carries out an education or training program, a nonprofit organization with demonstrated experience in the development or delivery of curricula or coursework. (D) A nonprofit organization, including a labor organization, that fosters the professional development and collective engagement of the direct care professionals targeted by the project. (E) Area agencies on aging, as defined in section 102 of the Older Americans Act of 1965 ( 42 U.S.C. 3002 (F) Centers for independent living, as described in part C of title VII of the Rehabilitation Act of 1973 ( 29 U.S.C. 796f et seq. (G) The State Council on Developmental Disabilities (as such term is used in subtitle B of title I of the Developmental Disabilities Assistance and Bill of Rights Act of 2000 ( 42 U.S.C. 15021 et seq. (H) Aging and Disability Resource Centers (as defined in section 102 of the Older Americans Act of 1965 ( 42 U.S.C. 3002 (I) A nonprofit State provider association that represents providers who employ the direct care professionals targeted by the project, where such associations exist. (J) An entity that employs the direct care professionals targeted by the project. (K) University Centers for Excellence in Developmental Disabilities Education, Research, and Services supported under subtitle D of title I of the Developmental Disabilities Assistance and Bill of Rights Act of 2000 ( 42 U.S.C. 15061 et seq. (L) The State protection and advocacy system described in section 143 of such Act ( 42 U.S.C. 15043 (M) Direct care professionals or direct care workforce organizations representing underserved communities, including communities of color. (13) How the eligible entity will consult throughout the project with— (A) individuals employed or working as the direct care professionals or family caregivers targeted by the project; (B) representatives of such professionals or caregivers; (C) individuals assisted by such professionals or caregivers; (D) the families of such professionals or caregivers; and (E) individuals receiving education or training to become such professionals or caregivers. (14) Outreach efforts to individuals for participation in such project, including targeted outreach efforts to— (A) individuals who are recipients of assistance under a State program funded under part A of title IV of the Social Security Act ( 42 U.S.C. 601 et seq. (B) individuals with barriers to employment. (c) Considerations In selecting eligible entities to receive a grant under this title, the Secretary shall ensure— (1) equitable geographic diversity, including by selecting recipients serving rural areas and selecting recipients serving urban areas; and (2) that selected eligible entities will serve areas where the occupation of direct care professional, or a related occupation, is an in-demand industry sector or occupation. (d) Uses of funds; supplement, not supplant (1) Uses of funds (A) In general Each eligible entity receiving a grant under this title shall use the funds of such grant to carry out at least 1 project described in section 303(a)(2). (B) Administrative costs Each eligible entity receiving a grant under this title shall not use more than 5 percent of the funds of such grant for costs associated with the administration of activities under this title. (C) Direct support Each eligible entity receiving a grant under this title shall use not less than 5 percent of the funds of such grant to provide direct financial benefits or supportive services to direct care professionals and paid or unpaid family caregivers to support the financial needs of such participants during the duration of the project activities. (2) Supplement, not supplant An eligible entity receiving a grant under this title shall use such grant only to supplement, and not supplant, the amount of funds that, in the absence of such grant, would be available to address the recruitment, training and education, retention, and advancement of direct care professionals or provide support for family caregivers, in the State or region served by the eligible entity. (3) Prohibition No amounts made available under this title may be used for any activity that is subject to the reporting requirements set forth in section 203(a) of the Labor-Management Reporting and Disclosure Act of 1959 ( 29 U.S.C. 433(a) 305. Evaluations and reports; technical assistance (a) Reporting requirements by grant recipients (1) In general An eligible entity receiving a grant under this title shall cooperate with the Secretary and annually provide a report to the Secretary that includes any relevant data requested by the Secretary in a manner specified by the Secretary. (2) Contents The data requested by the Secretary for an annual report may include any of the following (as determined relevant by the Secretary with respect to the category of the grant and each project supported through the grant): (A) The number of individuals and the demographic categories (as defined in section 2) served by each project supported by the grant, including— (i) the number of individuals recruited through each such project to be employed as a direct care professional; (ii) the number of individuals who through each such project attained employment as a direct care professional; and (iii) the number of individuals who enrolled in each such project and withdrew or were terminated from each such project without completing training or attaining employment as a direct care professional. (B) The number of family caregivers participating in an education or training program through each project supported by the grant. (C) The number of project participants who through each such project participated in and completed— (i) work-based learning; (ii) on-the-job training; (iii) an apprenticeship program; or (iv) a professional development or mentoring program. (D) (i) Other services, benefits, or supports (other than the services, benefits, or supports described in subparagraph (C)) provided through each such project to assist in the recruitment, retention, or advancement of direct care professionals (including through education or training for such professionals or individuals seeking to become such professionals); (ii) the number of individuals who accessed such services, benefits, or supports; and (iii) the impact of such services, benefits, or supports. (E) The crude separation and vacancy rates of direct care professionals, and such rates for those professionals who are managers or supervisors, in the geographic region for a number of years before the grant was awarded, as determined by the Secretary, and annually thereafter for the duration of the grant period. (F) How each project supported by the grant assessed satisfaction with respect to— (i) project participants assisted by the project; (ii) individuals receiving services delivered by project participants, including— (I) any impact on the health or health outcomes of such individuals; and (II) any impact on the ability of individuals to transition to or remain in the community in an environment that meets the criteria established in the section 441.301(c)(4) of title 42, Code of Federal Regulations (or successor regulations); and (iii) employers of such project participants. (G) The performance of the eligible entity with respect to the indicators of performance on unsubsidized employment, median earnings, credential attainment, measurable skill gains, and employer satisfaction. (H) Any other information with respect to outcomes of the project as determined by the Secretary. (b) Annual report to Congress by Secretary Not later than 2 years after the date of enactment of this title, and each year thereafter until all projects supported through a grant under this title are completed, the Secretary shall prepare and submit to Congress an annual report on the progress of each project supported through a grant under this title and the activities of the technical assistance center established under section 302. (c) GAO report Not later than 1 year after the date on which all projects supported through a grant under this title are completed, the Comptroller General of the United States shall conduct a study and submit to Congress a report including— (1) an assessment of how the technical assistance center established under section 302 and the projects supported through a grant under this title assisted in the creation, recruitment, training and education, retention, and advancement of the direct care workforce or in providing support for family caregivers; and (2) recommendations for such legislative or administrative actions needed for improving the assistance described in paragraph (1), as the Comptroller General determines appropriate. (d) Independent evaluations Not later than 6 months after the date of enactment of this title, the Secretary shall enter into a contract with an independent entity to provide independent evaluations of activities supported by grants under this title and activities of the technical assistance center established under section 302. 306. Authorization of appropriations (a) In general There are authorized to be appropriated— (1) for the establishment and activities of the technical assistance center under section 302, $2,000,000 for each of fiscal years 2024 through 2028; and (2) for grants under section 303, $1,000,000,000 for fiscal year 2024. (b) Availability Amounts made available under this title shall remain available until September 30, 2033. IV Evaluation 401. Evaluation of impact on access to HCBS (a) National survey on expanded HCBS access The Administrator of the Centers for Medicare & Medicaid Services, in coordination with the National Academy of Medicine, shall, not later than 7 years after the date of enactment of this Act, conduct or contract for a national survey of States, direct care professionals, family caregivers, and providers and recipients of home and community-based services, to determine the effects of the implementation of this Act and the amendments made by this Act on— (1) the availability and access to home and community-based services under the Medicaid program nationally and in each State; (2) the capacity of the direct service workforce to provide home and community-based services and information on the demographics (as defined in section 2) of such workforce; (3) the compensation and working conditions, including scheduling and benefits, of direct care workers; (4) the economic effects on beneficiaries and on families with a member receiving home and community-based services through Medicaid; (5) the availability of direct care workers and services for people needing long-term services and supports who are not Medicaid eligible; (6) family caregivers; and (7) recommendations for measures to further expand and enhance access home and community-based services. (b) Report Not later than 9 years after the date of enactment of this Act, the Administrator of the Centers for Medicare & Medicaid Services shall publish a report containing the results of the survey conducted under subsection (a). (c) American Community Survey addition The Secretary of Commerce, acting through the Bureau of the Census, shall add to the American Community Survey a question designed to identify the need for long-term services and supports by residents of the United States. (d) Authorization of appropriations There are authorized to be appropriated to the Secretary such sums as are necessary to carry out this section.

HCBS Access Act

Reduce Russian Uranium Imports Act This bill limits the importation of uranium from Russia. Specifically, it bans low-enriched uranium that is produced in Russia from being imported into the United States. However, the Department of Energy (DOE) may waive this ban if DOE determines that (1) no alternative viable source of low-enriched uranium is available to sustain the continued operation of a nuclear reactor or a U.S. nuclear energy company, or (2) importation of the uranium is in the national interest. Any waiver issued must terminate no later than January 1, 2028. In addition, the bill establishes annual caps on the amount of low-enriched uranium that may be imported from Russia through 2027.

118 S763 IS: Reduce Russian Uranium Imports Act U.S. Senate 2023-03-09 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 118th CONGRESS 1st Session S. 763 IN THE SENATE OF THE UNITED STATES March 9, 2023 Mr. Barrasso Mr. Manchin Mr. Risch Mr. Heinrich Ms. Lummis Mr. Coons Mr. Marshall Committee on Energy and Natural Resources A BILL To prohibit the importation into the United States of unirradiated low-enriched uranium that is produced in the Russian Federation or by a Russian entity, and for other purposes. 1. Short title This Act may be cited as the Reduce Russian Uranium Imports Act 2. Amendments to the USEC Privatization Act (a) Prohibition on imports Section 3112A of the USEC Privatization Act ( 42 U.S.C. 2297h–10a (d) Prohibition on imports of low-Enriched uranium (1) Prohibition Beginning on the date that is 90 days after the date of the enactment of this subsection, and subject to paragraphs (2) and (3), no unirradiated low-enriched uranium that is produced in the Russian Federation or by a Russian entity may be imported into the United States. (2) Waiver (A) In general Subject to subparagraphs (B) and (C), the Secretary of Energy, in consultation with the Secretary of State and the Secretary of Commerce, may waive the application of paragraph (1) to authorize the importation of low-enriched uranium described in that paragraph if the Secretary of Energy determines that— (i) no alternative viable source of low-enriched uranium is available to sustain the continued operation of a nuclear reactor or a United States nuclear energy company; or (ii) importation of low-enriched uranium that is produced in the Russian Federation or by a Russian entity is in the national interest. (B) Limitation on amounts of imports of low-enriched uranium (i) In general The importation into the United States of low-enriched uranium, including low-enriched uranium obtained under contracts for separative work units, that is produced in the Russian Federation or by a Russian entity, whether or not such low-enriched uranium is derived from highly enriched uranium of weapons origin, may not exceed— (I) in calendar year 2023, 578,877 kilograms; (II) in calendar year 2024, 476,536 kilograms; (III) in calendar year 2025, 470,376 kilograms; (IV) in calendar year 2026, 464,183 kilograms; and (V) in calendar year 2027, 459,083 kilograms. (ii) Administration The Secretary of Commerce shall— (I) administer the import limitations described in clause (i) in accordance with the provisions of the Suspension Agreement, including the provisions described in subsection (c)(2)(B)(i); (II) be responsible for enforcing the import limitations described in clause (i); and (III) enforce the import limitations described in clause (i) in a manner that imposes a minimal burden on the commercial nuclear industry. (C) Termination Any waiver issued under subparagraph (A) shall terminate not later than January 1, 2028. (D) Notification to Congress (i) In general Upon issuing a waiver under subparagraph (A), the Secretary of Energy shall submit to the committees specified in clause (ii) a notification that a waiver has been issued, which shall include identification of the recipient of the waiver. (ii) Committees specified The committees specified in this clause are— (I) the Committee on Energy and Natural Resources and the Committee on Finance of the Senate; and (II) the Committee on Energy and Commerce and the Committee on Ways and Means of the House of Representatives. (3) Applicability This subsection does not apply to imports— (A) by or under contract to the Department of Energy for national security or nonproliferation purposes; or (B) of non-uranium isotopes. (4) Termination The provisions of this subsection shall terminate on December 31, 2040. (5) Russian entity defined In this subsection, the term Russian entity . (b) Conforming amendments (1) In general Section 3112A(c) of the USEC Privatization Act (42 U.S.C. 2297h–10a(c)) is amended— (A) in paragraph (2)— (i) in subparagraph (A)— (I) in clause (viii), by inserting and (II) in clause (ix), by striking the semicolon and inserting a period; and (III) by striking clauses (x) through (xxvii); and (ii) in subparagraph (C)(i), by striking paragraph (10) paragraph (9) (B) in paragraph (3), by striking United States for processing United States for processing (C) by striking paragraph (5); (D) by redesignating paragraphs (6) through (12) as paragraphs (5) through (11), respectively; (E) in paragraph (5), as redesignated by subparagraph (D), by striking In addition to the adjustment under paragraph (5)(A), the The (F) in subparagraph (A) of paragraph (7), as so redesignated, by striking paragraph (10) paragraph (9) (G) in paragraph (8), as so redesignated, by striking December 31, 2040 the date described in subsection (d)(1) (H) in subparagraph (A) of paragraph (9), as so redesignated, by striking paragraphs (2)(C) and (8) paragraphs (2)(C) and (7) (2) Effective date The amendment to section 3112A(c)(2)(A)(x) of the USEC Privatization Act (42 U.S.C. 2297h–10a(c)(2)(A)(x)) made by paragraph (1)(A) of this subsection shall take effect on the date that is 90 days after the date of the enactment of this Act.

Reduce Russian Uranium Imports Act

Hurricane Tax Relief Act This bill modifies tax rules relating to personal casualty losses for taxpayers affected by Hurricanes Ian, Nicole, and Fiona. It eliminates the requirements that such taxpayers must itemize their tax deductions as a condition of eligibility for relief and that their losses exceed 10% of their adjusted gross income. The bill applies these modified requirements to residents of Puerto Rico affected by the Hurricanes.

118 S764 IS: Hurricane Tax Relief Act U.S. Senate 2023-03-09 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 118th CONGRESS 1st Session S. 764 IN THE SENATE OF THE UNITED STATES March 9, 2023 Mr. Scott of Florida Mr. Rubio Committee on Finance A BILL To amend the Internal Revenue Code of 1986 to provide special rules for casualty losses incurred by reason of Hurricane Ian, Hurricane Nicole, and Hurricane Fiona. 1. Short title This Act may be cited as the Hurricane Tax Relief Act 2. Tax relief related to Hurricane Ian, Hurricane Nicole, and Hurricane Fiona (a) Definitions For purposes of this section— (1) Hurricane Ian disaster area The term Hurricane Ian disaster area (2) Hurricane Nicole disaster area The term Hurricane Nicole disaster area (3) Hurricane Fiona disaster area The term Hurricane Fiona disaster area (b) Special rules for qualified disaster-Related personal casualty losses (1) In general If an individual has a net disaster loss for any taxable year— (A) the amount determined under section 165(h)(2)(A)(ii) (i) such net disaster loss, and (ii) so much of the excess referred to in the matter preceding clause (i) of section 165(h)(2)(A) of such Code (reduced by the amount in clause (i) of this subparagraph) as exceeds 10 percent of the adjusted gross income of the individual, (B) in the case of qualified disaster-related personal casualty losses, section 165(h)(1) of such Code shall be applied to by substituting $500 $500 ($100 for taxable years beginning after December 31, 2009) (C) the standard deduction determined under section 63(c) of such Code shall be increased by the net disaster loss, and (D) section 56(b)(1)(E) of such Code shall not apply to so much of the standard deduction as is attributable to the increase under subparagraph (C) of this paragraph. (2) Net disaster loss For purposes of this subsection, the term net disaster loss section 165(h)(3)(A) (3) Qualified disaster-related personal casualty losses For purposes of this subsection, the term qualified disaster-related personal casualty losses section 165(c)(3) (A) which arise in the Hurricane Ian disaster area on or after September 23, 2022, and which are attributable to Hurricane Ian, (B) which arise in the Hurricane Nicole disaster area on or after November 7, 2022, and which are attributable to Hurricane Nicole, or (C) which arise in the Hurricane Fiona disaster area on or after September 17, 2022, and which are attributable to Hurricane Fiona. (c) Application to Puerto Rico (1) In general The Secretary of the Treasury shall pay to Puerto Rico amounts estimated by the Secretary of the Treasury as being equal to the aggregate benefits that would have been provided to residents of Puerto Rico by reason of the provisions of this section if a mirror code tax system had been in effect in Puerto Rico. The preceding sentence shall not apply with respect to Puerto Rico unless Puerto Rico has a plan, which has been approved by the Secretary of the Treasury, under which Puerto Rico will promptly distribute such payments to its residents. (2) Definition and special rules (A) Mirror code tax system For purposes of this subsection, the term mirror code tax system (B) Treatment of payments For purposes of section 1324 of title 31, United States Code, the payments under this subsection shall be treated in the same manner as a refund due from a credit provision referred to in subsection (b)(2) of such section. (C) Coordination with United States income taxes In the case of any person with respect to whom a tax benefit is taken into account with respect to the taxes imposed by any possession of the United States by reason of this section, the Internal Revenue Code of 1986 shall be applied with respect to such person without regard to the provisions of this section which provide such benefit.

Hurricane Tax Relief Act

Reducing Hereditary Cancer Act of 2023 This bill provides for Medicare coverage of germline mutation testing for individuals with a personal or family history of a hereditary cancer gene mutation or suspected history of hereditary cancer, as well as for associated coverage of risk-reducing surgeries and screenings.

118 S765 IS: Reducing Hereditary Cancer Act of 2023 U.S. Senate 2023-03-09 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 118th CONGRESS 1st Session S. 765 IN THE SENATE OF THE UNITED STATES March 9, 2023 Ms. Murkowski Mr. Cardin Committee on Finance A BILL To amend title XVIII of the Social Security Act to provide hereditary cancer genetic testing for individuals with a history of a hereditary cancer gene mutation in a blood relative or a personal or ancestral history suspicious for hereditary cancer, and to provide coverage of certain cancer screenings or preventive surgeries that would reduce the risk for individuals with a germline (inherited) mutation associated with a high risk of developing a preventable cancer. 1. Short title This Act may be cited as the Reducing Hereditary Cancer Act of 2023 2. Hereditary cancer genetic testing of individuals with a family history of a hereditary cancer gene mutation or personal or family history suspicious for hereditary cancer (a) Coverage Section 1861 of the Social Security Act ( 42 U.S.C. 1395x (1) in subsection (s)(2)— (A) in subparagraph (II), by striking and (B) in subparagraph (JJ), by inserting and (C) by adding at the end the following new subparagraph: (KK) in the case of an individual with a personal or family history of a hereditary cancer gene mutation or a personal or family history suspicious for hereditary cancer, germline mutation testing; ; and (2) by adding at the end the following new subsection: (nnn) Germline mutation testing The term germline mutation testing (1) have been developed by a nationally recognized oncology professional organization, including the National Comprehensive Cancer Network, the American Society of Clinical Oncology, the Society of Gynecologic Oncology, or any other oncology professional organization specified by a medicare administrative contractor with a contract under section 1874A; and (2) in the case of conflicting guidelines developed by more than one nationally recognized oncology professional organization, are the least restrictive of such guidelines, as determined by such a medicare administrative contractor. . (b) Frequency Section 1862(a)(1) of the Social Security Act ( 42 U.S.C. 1395y(a)(1) (1) by striking and (2) by adding and (3) by adding at the end the following new subparagraph: (Q) in the case of germline mutation testing as defined in section 1861(nnn), which is performed more than once with respect to an individual described in such section; . (c) Effective date The amendments made by this section shall apply to testing furnished on or after the date of the enactment of this Act. 3. Coverage of certain preventive surgeries (a) In general Section 1862 of the Social Security Act ( 42 U.S.C. 1395y (p) Coverage of certain risk-Reducing surgeries In the case of an individual described in section 1861(s)(2)(JJ) for whom, based on evidence-based, clinical practice guidelines described in section 1861(nnn), surgery would reduce the risk of developing cancer, such risk-reducing surgery shall be considered reasonable and necessary for treatment of illness under subsection (a)(1)(A). . (b) Effective date The amendment made by subsection (a) shall apply to items and services furnished on or after the date of the enactment of this Act. 4. Coverage of evidence-based screenings for individuals with a hereditary cancer gene mutation (a) In general Section 1862 of the Social Security Act ( 42 U.S.C. 1395y (q) Coverage of evidence-Based screenings for individuals with a hereditary cancer gene mutation In the case of an individual who is determined pursuant to genetic testing to have a hereditary cancer (germline) gene mutation, the Secretary shall increase any frequency limitations (or other limitations on coverage otherwise applicable under this title) for any evidence-based screenings furnished to such individual, to be in compliance with evidence-based, clinical practice guidelines described in section 1861(nnn), or as determined appropriate by the Secretary, but not less frequently than on an annual basis. For the purposes of this subsection, evidence-based screenings shall include screening mammography, breast screening MRI, colonoscopy, PSA testing, and any additional evidence-based screening modalities appropriate for high-risk individuals as recommended by such guidelines. . (b) Conforming amendment for screening mammography Section 1834(c)(2)(A) of the Social Security Act ( 42 U.S.C. 1395m(c)(2)(A) subparagraph (B) subparagraph (B) and section 1862(q) (c) Effective date The amendments made by this section shall apply to items and services furnished on or after the date of the enactment of this Act.

Reducing Hereditary Cancer Act of 2023

Pay Teachers Act This bill provides funding to support education programs and addresses teacher shortages, including by establishing a minimum salary for public elementary and secondary school teachers. Specifically, the bill requires states to establish a minimum annual salary of at least $60,000 for full-time teachers that increases with experience. It establishes a pathway for eligible states to extend their time line to comply with these requirements. The bill provides specified funds to the Department of Education (ED) for FY2024 and each succeeding year (indexed for inflation) for federal aid to local educational agencies for the education of disadvantaged children, programs to support rural education, the Impact Aid program, technical assistance to support the equitable distribution of teachers, the Teacher Quality Partnership grant program (and further directs ED to prioritize these grants for programs to address teacher shortages), the Augustus F. Hawkins Centers of Excellence program, personnel development to improve services and results for children with disabilities, the Supporting Effective Educator Development program, and the Teacher and School Leader Incentive program. Additionally, the bill provides specified funds to the Bureau of Indian Education (BIE) for FY2024 and each succeeding year (indexed for inflation) for programs and activities operated or funded by the BIE for BIE-funded schools. Entities receiving these funds must ensure that teachers are compensated with at least the minimum annual salary established by the BIE. The bill provides specified funds to ED for FY2024 to contract with the National Academies of Sciences, Engineering, and Medicine to study resource equity requirements.

118 S766 IS: Pay Teachers Act U.S. Senate 2023-03-09 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 118th CONGRESS 1st Session S. 766 IN THE SENATE OF THE UNITED STATES March 9, 2023 Mr. Sanders Mr. Luján Mr. Markey Ms. Warren Mr. Welch Ms. Hirono Mr. Merkley Mr. Padilla Committee on Health, Education, Labor, and Pensions A BILL To ensure that teachers are paid a livable and competitive salary throughout their career, and for other purposes. 1. Short title; table of contents (a) Short title This Act may be cited as the Pay Teachers Act (b) Table of contents The table of contents of this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Purposes. Sec. 3. Findings. Sec. 4. Definitions. Sec. 5. Regulations; special rule. TITLE I—Investing in our Nation’s students Sec. 101. Mandatory appropriations for part A of title I of the ESEA. Sec. 102. Mandatory appropriations for rural education. Sec. 103. Mandatory appropriations for impact aid. Sec. 104. Mandatory appropriations for Bureau of Indian Education. TITLE II—Increasing teacher salaries Sec. 201. State teacher salary plan addendum. Sec. 202. Paying teachers a livable and competitive salary. Sec. 203. Technical assistance to support the equitable distribution of in-field, experienced, and effective teachers. Sec. 204. Improving resource equity at schools identified for improvement. Sec. 205. Strengthening per-pupil expenditure reporting. Sec. 206. Maintenance of equity. Sec. 207. State administration. Sec. 208. National Academies study to improve ESEA’s resource equity requirements. TITLE III—Investing in the teaching profession Sec. 301. Mandatory appropriations for the Teacher Quality Partnerships and Grow Your Own programs. Sec. 302. Mandatory appropriations for the Augustus F. Hawkins Centers of Excellence program. Sec. 303. Mandatory appropriations for personnel development to improve services and results for children with disabilities under part D of IDEA. Sec. 304. Mandatory appropriations for the Supporting Effective Educator Development program. Sec. 305. Mandatory appropriations for the Teacher and School Leader Incentive program to support continued teacher growth and contributions to student learning. 2. Purposes The purposes of this Act are to— (1) ensure public elementary and secondary school teachers earn a livable salary and are compensated with a career-based competitive salary that— (A) includes a starting annual base salary of not less than $60,000; and (B) increases regularly throughout a teacher’s career; (2) increase Federal investments in public schools, and call upon States and local governments to increase investments in public education in order to promote educational equity, including by ensuring that every public school student is taught by a qualified teacher; and (3) invest in a diverse teacher workforce, by strengthening the educator pipeline and supporting career development and advancement through expanded teacher leadership and professional advancement opportunities. 3. Findings Congress finds the following: (1) In the majority of States, public elementary and secondary school teachers do not earn a livable and competitive salary. According to the 2022 report by the Economic Policy Institute— (A) over the past nearly 3 decades, the average inflation-adjusted weekly wages of public school teachers grew just $29 from $1,319 to $1,348 while, conversely, inflation-adjusted weekly wages of other college graduates rose from $1,564 to $2,009 over the same period—a $445 increase. (B) non-teaching college graduates realized an inflation-adjusted weekly increase that was 15 times higher than public school teachers; and (C) in 28 states, teachers are paid less than 80 cents on the dollar earned by similar college-educated workers in those states. (2) Many teachers across the country are working multiple jobs and have to rely on public assistance programs just to make ends meet. According to the Southern Regional Education Board, in 36 States, the average teacher salary is low enough that mid-career teachers who are the head of household for a family of 4 qualify for government benefits. According to a University of California, Berkeley study, between 2014 and 2016, 21 percent of elementary and middle school teachers were part of families enrolled in at least one of the following public assistance programs: (A) The Earned Income Tax Credit under section 32 (B) The Medicaid program. (C) The Children’s Health Insurance program. (D) The supplemental nutrition assistance program established under the Food and Nutrition Act of 2008 ( 7 U.S.C. 2011 et seq. (E) The program of block grants to States for temporary assistance for needy families established under part A of title IV of the Social Security Act ( 42 U.S.C. 601 et seq. (3) One estimate shows that in school year 2020–2021, 17 percent of public school teachers worked multiple jobs during the school year, such as working in restaurants or driving for ride-share platforms. (4) A similar pattern of inflation-adjusted weekly wages can be seen for school paraprofessionals and other instructional staff. The lack of sufficient and competitive wages is even more pronounced in other school staff roles, with many school staff unable to earn a livable wage. The median pay in the 2019–2020 school year was $13 an hour for school food service workers, $16.36 an hour for bus drivers, $15.34 an hour for school building and cleaning workers, and $19.50 an hour for school administrative and support workers. (5) According to the National Education Association, the average starting teacher salary in the United States was $42,845 in the 2021–2022 school year. This is an increase of 2.5 percent over the previous school year. Only 1.8 percent of local educational agencies in the United States, who employ 5.9 percent of all teachers, pay a starting salary of $60,000 or more. Nationwide, 39.7 percent of local educational agencies pay their starting teachers less than $40,000, and those local educational agencies employ 17.9 percent of teachers nationwide. (6) According to a 2022 study from the Annenberg Institute at Brown University, the most recent national data shows that nearly 200,000 teaching positions were either vacant or held by underqualified teachers. This study, and others, consistently demonstrate that teacher shortages disproportionately impact schools serving the most students of color and from low-income backgrounds. (7) Nearly 70 years after Brown v. Board of Education of Topeka, 347 U.S. 483 (1954), required the provision of public education to all people on equal terms, (8) Research, including a study by the Economic Policy Institute, has found that raising teacher salaries helps attract the best and brightest young people into teaching, encourages teachers to teach in underserved schools, improves teacher retention and morale, and bolsters student academic outcomes. According to the Learning Policy Institute, controlling for other factors, teachers employed by local educational agencies with the highest salary schedules are 31 percent less likely to leave than teachers employed by local educational agencies with lower pay scales. (9) According to the Consortium for Policy Research in Education at the University of Pennsylvania, teachers who enter the profession through comprehensive and high-quality pathways are 2 to 3 times more likely to remain in the profession than underprepared teachers who enter through less than comprehensive pathways. (10) Several studies have shown the many benefits of providing opportunities for teacher leadership, which include improving instructional practice, increasing academic and other positive outcomes for students, and increasing teacher retention. (11) Teachers in the United States are systemically underpaid compared to their similarly educated peers. As the Organisation for Economic Co-operation and Development wrote in 2019, Depending on the level of education taught, teachers’ salaries are between 62 percent and 68 percent of the average salaries of tertiary-educated workers. These relative earnings are among the lowest across all OECD countries and economies. (12) Raising teacher salaries to at least $60,000 a year and ensuring competitive pay throughout the lifetime of the teaching career is one of the most important steps the United States can take to address the teacher shortage crisis and ensure all students have access to qualified teachers and educational opportunity. Paying teachers as the professionals they are is critical in order to honor the work of educators, restore respect to the teaching profession, and create a high-quality public education system that serves the needs of students, families, and teachers. 4. Definitions In this Act: (1) Annual adjustment percentage The term annual adjustment percentage (2) Consumer price index The term Consumer Price Index 20 U.S.C. 1087rr(f) (3) Secretary The term Secretary 5. Regulations; special rule (a) Regulations Not later than 1 year after the date of enactment of this Act, the Secretary shall issue final regulations related to the implementation of this Act and the amendments made by this Act, including the provisions of subsection (i) of section 6311 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6311 (b) Special rule Notwithstanding any other provision of law, the Secretary may take such steps as the Secretary determines are reasonably necessary to implement the provisions of this Act and the amendments made by this Act. I Investing in our Nation’s students 101. Mandatory appropriations for part A of title I of the ESEA In addition to amounts otherwise available, there are appropriated, out of any money in the Treasury not otherwise appropriated, to the Secretary to carry out part A of title I of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6311 et seq. (1) for fiscal year 2024, $36,773,604,000; and (2) for each succeeding fiscal year, the amount appropriated under this section for the preceding fiscal year, increased by the annual adjustment percentage. 102. Mandatory appropriations for rural education In addition to amounts otherwise available, there are appropriated, out of any money in the Treasury not otherwise appropriated, to the Secretary to carry out part B of title V of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7341 et seq. (1) for fiscal year 2024, $430,000,000; and (2) for each succeeding fiscal year, the amount appropriated under this section for the preceding fiscal year, increased by the annual adjustment percentage. 103. Mandatory appropriations for impact aid In addition to amounts otherwise available, there are appropriated, out of any money in the Treasury not otherwise appropriated, to the Secretary to provide payments for eligible federally connected children under section 7003(b) of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7703(b) (1) for fiscal year 2024, $1,460,000,000; and (2) for each succeeding fiscal year, the amount appropriated under this section for the preceding fiscal year, increased by the annual adjustment percentage. 104. Mandatory appropriations for Bureau of Indian Education (a) Definitions In this section: (1) Bureau The term Bureau (2) Bureau-funded school The term Bureau-funded school 25 U.S.C. 2021 (3) Minimum salary for teachers The term minimum salary for teachers 20 U.S.C. 6311(i)(1)(A) (b) Appropriations In addition to amounts otherwise available, there are appropriated, out of any money in the Treasury not otherwise appropriated, to the Bureau to be allocated by the Director of the Bureau for programs or activities operated or funded by the Bureau for Bureau-funded schools— (1) for fiscal year 2024, $1,130,000,000; and (2) for each succeeding fiscal year, the amount appropriated under this section for the preceding fiscal year, increased by the annual adjustment percentage. (c) Livable and competitive salaries for BIE teachers Each entity carrying out a program or activity operated by the Bureau for Bureau-funded schools that receives funds under subsection (b) shall ensure, in accordance with a timeline established by the Director of the Bureau, that all full-time elementary and secondary teachers employed for such program or activity— (1) are compensated with an annual base salary, as such term is defined in section 1111(i)(1)(A) of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6311(i)(1)(A) (2) are compensated with a livable and competitive salary, in accordance with the requirements of section 1111(i)(2)(B) of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6311(i)(2)(B) II Increasing teacher salaries 201. State teacher salary plan addendum Section 1111(g) of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6311(g) (5) State teacher salary plan addendum Not later than 1 year after the date on which the Secretary issues final rules related to the implementation of the Pay Teachers Act (A) A description of the State’s plan to provide a competitive salary regularly throughout the career of public elementary school and secondary school teachers, including an assurance that the State will— (i) under the timeline specified in subsection (i), comply with subparagraphs (A) and (B) of subsection (i)(2); or (ii) not later than 1 year after the date the Secretary issues final rules in accordance with section 5 of the Pay Teachers Act (B) A description of the State’s plan to increase the State’s per-pupil expenditures or the aggregate expenditures of the State with respect to the provision of free public education in the State, in a manner that— (i) supports local educational agencies in increasing salaries or wages for teachers, paraprofessionals, specialized instructional support personnel, classified school employees, principals, other school leaders, school librarians, school bus drivers, and other staff across their careers, including through providing increased resources to local educational agencies; and (ii) does not— (I) increase average class sizes or student to full-time equivalent teacher ratios at the State, local educational agency, or school level; (II) reduce planning time; or (III) require teachers to teach additional classes. (C) An identification, with respect to the average teacher salary baselines (as such term is defined in subsection (i)(4)(A)(i)) in the most recent fiscal year, of the statewide average and the average in each local educational agency in the State. (D) An identification of the number and percentage of teachers employed by local educational agencies in the State who earn a salary of less than $60,000 annually, disaggregated by each period of service specified in subsection (i)(4)(A)(i), across the State and in each such local educational agency. (E) A description of the State’s plan to comply with the equitable distribution of teachers requirement under paragraph (1)(B). (F) A description of the State’s plan to align State activities authorized under section 2102 to support the purposes under section 2 of the Pay Teachers Act. (G) If the State participated in an eligible partnership that received a grant under section 202 of the Higher Education Act of 1965, a description of the State’s plan to implement evidence-based practices and effective lessons learned from such grant to promote teacher quality and student academic achievement in carrying out this part. (6) Updated State Teacher Salary Plan Addendum The Secretary may request, at such time and in such manner as the Secretary may determine, an updated State Teacher Salary Plan Addendum. The State shall submit such updated plan upon request. . 202. Paying teachers a livable and competitive salary Section 1111 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6311 (1) by redesignating subsections (i), (j), (k), and (l), as subsections (j), (k), (l), and (m), respectively; (2) by inserting after subsection (h) the following: (i) Improving teacher salaries (1) Definitions (A) In general In this subsection: (i) Annual adjustment percentage The term annual adjustment percentage (ii) Annual base salary The term annual base salary (I) means the base salary, calculated as an annual rate of pay, of a full-time teacher; and (II) excludes— (aa) any additional compensation earned by the teacher for taking on additional responsibilities (such as coaching or teaching during the summer or after school); and (bb) bonuses, stipends, and awards. (iii) Consumer price index The term Consumer Price Index (iv) Minimum salary for teachers The term minimum salary for teachers (I) for teachers in their first year of teaching, shall be an annual rate of pay that is not less than the amount described in subparagraph (B); and (II) for teachers with more than one year of experience, shall be an annual rate of pay that— (aa) is greater than the amount described in subparagraph (B); and (bb) increases on an annual basis, as the experience of a teacher increases. (v) Teacher The term teacher (I) an employee of a local educational agency— (aa) with a primary duty of teaching and who is employed and engaged in teaching in a public elementary school or secondary school served by such agency; (bb) who fully meets all applicable public elementary school or secondary school teacher certification and licensure requirements of the State in which the school is located; and (cc) if the teacher is a special education teacher, who meets the qualifications described in section 612(a)(14)(C) of the Individuals with Disabilities Education Act; and (II) other full-time public elementary school or secondary school personnel employed by a local educational agency whose annual base salary is determined in accordance with such agency’s salary schedule or system for a full-time teacher. (B) Special rule (i) In general For each fiscal year, the amount described in subparagraph (A)(iv)(I) shall be determined under this subparagraph. (ii) Fiscal years 2024 through 2028 For each of fiscal years 2024 through 2028, the amount described in subparagraph (A)(iv)(I) is $60,000. (iii) Fiscal years 2029 and after (I) In general For the fiscal year period 2029 through 2033 and for each subsequent 5 fiscal year period, the amount described in subparagraph (A)(iv)(I) shall be adjusted for inflation as described in subclause (II). (II) Determination The amount shall be equal to the amount applicable for the previous 5 fiscal year period, increased by the greater of— (aa) the aggregate annual adjustment percentage over the previous 5 fiscal years; or (bb) 2 percent of the amount applicable under this subparagraph for the previous 5 fiscal year period. (2) Improving teacher salaries (A) Minimum salary for teachers (i) In general Subject to paragraphs (3) and (4), a State that receives assistance under this part shall ensure that the annual base salary of a full-time teacher employed by a local educational agency in the State is not less than the minimum salary for teachers determined by such State. (ii) Compliance To comply with clause (i), a State shall adopt one or more of the following laws or policies, under which no full-time teacher shall receive an annual base salary that is less than the minimum salary for teachers: (I) A statewide minimum annual base salary schedule for teachers that increases as the experience of a teacher increases. (II) A statewide minimum annual base salary for teachers who are in their first year of teaching. (III) A State law to increase salaries for teachers. (B) Livable and competitive salaries for teachers Subject to paragraphs (3) and (4), a State that receives assistance under this part shall demonstrate that all teachers employed by local educational agencies in the State are compensated with a livable and competitive salary for teachers, which shall be an amount that— (i) is at least the minimum salary for teachers; (ii) increases throughout each teacher's career; and (iii) is at least commensurate with annual salaries for college-educated and experienced professionals in the region in which such agencies are located, as determined in accordance with procedures and requirements established by the Secretary. (C) Disparities in per-pupil expenditures Not less frequently than every 5 years, a State that receives assistance under this part shall examine and address fiscal inequities among schools and local educational agencies in the State, including by working with the Governor, members of the State legislature and State board of education (if the State has a State board of education), local educational agencies that serve schools in the quartile described in clause (i), and the public, to— (i) identify the quartile of schools serving the greatest number and percentage of students from low-income backgrounds; (ii) identify the average per-pupil expenditure of the quartile of local educational agencies with the greatest per-pupil expenditures in the State; and (iii) implement State and local actions to increase per-pupil expenditures at schools described in clause (i) to an amount that is not less than the average per-pupil expenditure described in clause (ii). (3) Timing (A) In general Except as provided in subparagraph (B), the Secretary shall ensure that, not later than 4 years after the date of implementation of the final regulations issued in accordance with section 5 of the Pay Teachers Act (B) Exception A State, if eligible, may request and be approved by the Secretary to participate in the Teacher Salary Improvement pathway described in paragraph (4) that provides an extended timeline to comply with the teacher salary requirements described in subparagraphs (A) and (B) of paragraph (2). (4) Teacher Salary Improvement pathway (A) Definitions In this paragraph: (i) Average teacher salary baselines The term average teacher salary baselines (I) 0 years, or starting teacher salaries. (II) 3 years. (III) 5 years. (IV) 10 years. (V) 15 years. (VI) 20 years. (VII) 25 years. (ii) Eligible improvement State The term eligible improvement State (I) that had an annual starting statewide teacher salary average that was less than $45,000 in fiscal year 2023; (II) in which 50 percent or more of the teachers employed by local educational agencies in the State did not receive an annual base salary of $60,000 or more in fiscal year 2023; and (III) that demonstrates to the Secretary substantial need for the extended timeline to comply with the teacher salary requirements described in subparagraphs (A) and (B) of paragraph (2), and with respect to which the Secretary determines that providing such State with an extended timeline would be equitable due to— (aa) exceptional or uncontrollable circumstances, such as a natural disaster or a change in the organizational structure of the State; or (bb) a precipitous decline in the financial resources of the State. (B) In general A State educational agency, on behalf of an eligible improvement State, that desires to participate in the Teacher Salary Improvement pathway and needs an extended timeline to comply with the teacher salary requirements described in subparagraphs (A) and (B) of paragraph (2) shall submit a request to the Secretary to participate in the Teacher Salary Improvement pathway, which shall include a plan to increase teacher salaries that, at a minimum, includes each of the following: (i) An identification, with respect to the average teacher salary baselines, of the statewide average and the average in each local educational agency in the State, and an assurance that the State will— (I) make such information publicly available on the State educational agency’s website; and (II) update that information on an annual basis. (ii) A timeline, consistent with the goals required under clause (iii), to ensure that, not later than 6 years after the receipt of approval to participate in the Teacher Salary Improvement pathway under this paragraph— (I) all teachers employed by local educational agencies operating in the State are paid not less than the minimum salary for teachers; and (II) all teachers employed by local educational agencies operating in the State are compensated with a livable and competitive salary, in accordance with the requirements of paragraph (2)(B). (iii) For each fiscal year in the timeline specified in clause (ii), statewide annual goals for increasing average teacher salary baselines in a manner that— (I) annually proposes a percentage increase in the average teacher salary baselines, disaggregated by each period of service described in subparagraph (A)(i); (II) provides for the first increase to occur not later than 2 fiscal years after the receipt of approval to participate in the Teacher Salary Improvement pathway; and (III) makes significant progress toward ensuring that teachers are paid an annual base salary in accordance with the requirements specified in subclauses (I) and (II) of clause (ii) by the end of the timeline described in such clause. (iv) A description of the State’s plan to require all local educational agencies in the State, for any fiscal year in which an agency does not pay their teachers the minimum salary for teachers, to— (I) at a minimum, increase the salaries of the teachers employed by such agency in accordance with the statewide annual goals established in clause (iii) for that fiscal year; and (II) ensure those increases in salaries required under subclause (I) are aligned with the livable and competitive salary requirements described in paragraph (2)(B). (v) An identification of the number of teachers employed by local educational agencies in the State who earn less than the minimum salary for teachers, disaggregated by each period of service described in subparagraph (A)(i), across the State and employed by each local educational agency. (vi) A description of the State's plan to support local educational agencies in increasing salaries or wages for teachers, paraprofessionals, specialized instructional support personnel, classified school employees, principals, other school leaders, school librarians, school bus drivers, and other staff across their careers, including through providing increased resources to local educational agencies. (vii) A description of how the State will meet the requirements described in subparagraphs (A) and (B) of paragraph (2) without— (I) increasing the average class sizes or student to full-time equivalent teacher ratios; (II) reducing planning time; (III) or requiring teachers to teach additional classes at the State, local educational agency, or school level. (viii) A description of how the State will meet the equitable distribution requirement under subsection (g)(1)(B) during the period of the State's participation in the Teacher Salary Pay Improvement pathway and after the State exits the pathway. (C) Public comment A State educational agency that submits an extension request to participate in the Teacher Salary Improvement pathway under this paragraph shall— (i) provide the public and any interested local educational agency in the State with notice and a reasonable and easily accessible opportunity to comment and provide input on the request; (ii) submit a summary of the comments to the Secretary, with a description of how the State addressed the comments, and make such summary with description publicly available on the website of the State educational agency; and (iii) provide notice and a reasonable time to comment to the public and local educational agencies. (D) Duration and repeat requests to participate in the teacher salary improvement pathway (i) In general A request approved by the Secretary under this paragraph may be for a period of not more than 6 years. (ii) Revising goals If a State demonstrates to the Secretary that such State is making substantial progress in meeting its statewide annual goals described in subparagraph (B)(iii) and demonstrates the need for additional flexibility to revise such goals to continue to make substantial progress in reaching the requirements described in subclauses (I) and (II) of subparagraph (B)(ii), such State may, not earlier than 3 years after such State’s request to participate in the Teacher Salary Improvement pathway was approved by the Secretary, revise their statewide annual goals described in subparagraph (B)(iii) if the Secretary determines such revisions will help the State continue to make significant progress in meeting such requirements. (iii) Subsequent requests to participate in the teacher salary improvement pathway A State educational agency that wishes to receive an additional approval to participate in the Teacher Salary Improvement pathway under this paragraph shall submit a new request, in accordance with the requirements of subparagraphs (B) and (C), if the State demonstrates that the initial request has been effective in enabling the State to increase teacher salaries in a manner that made significant progress in reaching the requirements described in subclauses (I) and (II) of subparagraph (B)(ii). (E) Determinations and Revision (i) Determinations The Secretary shall issue a written determination regarding the initial approval or disapproval of a request to participate in the Teacher Salary Improvement pathway not more than 120 days after the date on which such request is submitted. Initial disapproval of such request shall be based on the determination of the Secretary that— (I) the request does not meet the requirements of this paragraph; or (II) the State’s plan to increase teacher salaries under subparagraph (B) is not designed to make significant progress within a reasonable timeline to ensure that— (aa) all teachers employed by local educational agencies in the State are paid not less than the minimum salary for teachers; and (bb) all teachers employed by local educational agencies in the State are compensated with a livable and competitive salary, in accordance with the requirements in paragraph (2)(B). (ii) Revision and disapproval The Secretary shall act on requests to participate in the Teacher Salary Improvement pathway under this paragraph in a manner that is similar to the actions of the Secretary for waiver revision and disapproval under subparagraphs (B) and (C) of section 8401(b)(4). (F) Reports For each fiscal year for which a State educational agency participates in the Teacher Salary Improvement pathway under this paragraph, such agency shall prepare and submit an annual report to the Secretary, which shall include— (i) updated average teacher salary baselines for that fiscal year, disaggregated by the statewide average and the average in each local educational agency in the State; (ii) a description of how the State and local educational agencies in the State increased the average teacher salary baselines in a manner consistent with the statewide annual goals for the corresponding fiscal year, as described in subparagraph (B)(iii); (iii) a description that includes— (I) updated data on the number of teachers employed by local educational agencies in the State who earn less than the minimum salary for teachers, disaggregated by each period of service described in subparagraph (A)(i), across the State and employed by each local educational agency; (II) the identification of local educational agencies that have increased the number of teachers who earn less than the minimum salary for teachers; and (III) the actions the State educational agency will take in the next fiscal year to support local educational agencies described in subclause (II) in decreasing the number of teachers employed by such agencies who earn less than the minimum salary for teachers; (iv) a description of actions taken by the State to increase the State’s per-pupil expenditures or the aggregate expenditures of the State with respect to the provision of free public education in the State, in a manner that— (I) supports local educational agencies in increasing salaries or wages for teachers, paraprofessionals, specialized instructional support personnel, classified school employees, principals, other school leaders, school librarians, school bus drivers, and other staff across their careers, including through providing increased resources to local educational agencies; and (II) does not— (aa) increase average class sizes or student to full-time equivalent teacher ratios at the State, local educational agency, or school level; (bb) reduce planning time; or (cc) require teachers to teach additional classes; and (v) a description of how the State improved the equitable distribution of teachers in such fiscal year, as required under subsection (g)(1)(B). (5) Rules (A) Rule of construction for collective bargaining (i) In General Subject to clause (ii), nothing in this subsection shall be construed to alter or otherwise affect the rights, remedies, and procedures afforded to school or local educational agency employees under Federal, State, or local laws (including applicable regulations or court orders) or under the terms of collective bargaining agreements, memoranda of understanding, or other agreements between such employers and their employees. (ii) Compliance Clause (i) shall not be construed to exempt a State, local educational agency, or school from complying with this subsection or from negotiating in compliance with State labor laws to comply with this subsection. (B) Rule of construction for additional pay or other salary augmenting systems Nothing in this subsection shall be construed to prevent States or local educational agencies from supplementing the annual base salary of teachers or other staff employed by such agencies— (i) for additional skills, knowledge, duties, and responsibilities; (ii) by salary systems that increase teachers’ compensation through supplemental pay that is not part of an annual base salary; or (iii) through the provision of bonuses, stipends, or awards. (C) No waiver authority Section 8401 shall not apply to this subsection. ; and (3) in subsection (h)(5)— (A) in subparagraph (C), by striking and (B) by redesignating subparagraph (D) as subparagraph (G); and (C) by inserting after subparagraph (C) the following: (D) data that demonstrates the State met the requirements specified in subparagraphs (A) and (B) of subsection (i)(2), or an assurance that the State submitted the annual report described in subsection (i)(4)(F); (E) a description of the evidenced-based strategies the State implemented to— (i) reduce the number and percentage of teachers and paraprofessionals teaching without full certification and licensure, overall and in schools served by local educational agencies that serve high numbers or percentages of students who are from low-income backgrounds, students who are racial and ethnic minorities, children with disabilities, or English learners; and (ii) meet the equitable distribution of teachers requirements specified in subsection (g)(1)(B); . 203. Technical assistance to support the equitable distribution of in-field, experienced, and effective teachers (a) State plans Section 1111 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6311 (1) in subsection (g)— (A) in paragraph (1)(B)— (i) by striking low-income and minority children students who are from low-income backgrounds, students who are racial and ethnic minorities, children with disabilities, or English learners (ii) by striking enrolled in schools assisted under this part enrolled in schools served by local educational agencies operating in the State (B) in paragraph (2)(J), by striking , including any requirements for certification obtained through alternative routes to certification and the State educational agency will implement evidenced-based strategies to reduce the number and percentage of teachers and paraprofessionals teaching without full certification and licensure overall and in schools served by local educational agencies that serve high numbers or percentages of students who are from low-income backgrounds, students who are racial and ethnic minorities, children with disabilities, or English learners (2) in subsection (h)— (A) in paragraph (1)(C)(ix)— (i) in subclause (I), by inserting (meaning with less than 2 years of service) inexperienced (ii) in subclause (II), by striking and (iii) in subclause (III), by striking the period at the end and inserting ; and (iv) by adding at the end the following: (IV) teachers providing language instruction to English learners who meet the criteria described in subclauses (I) through (III), disaggregated by such criteria. ; and (B) in paragraph (5)(G), as redesignated by section 202(3)(B)— (i) in clause (i), by inserting (meaning teachers with less than 2 years of service) Inexperienced teachers (ii) by inserting after clause (iii) the following: (iv) Teachers providing language instruction to English learners who meet the criteria described in clauses (i) through (iii), disaggregated by such criteria. . (b) Local educational agency plans Section 1112 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6312 (1) in subsection (b)(2), by striking low-income students and minority students students who are from low-income backgrounds, students who are racial and ethnic minorities, children with disabilities, or English learners (2) in subsection (c)(6), by striking , including any requirements for certification obtained through alternative routes to certification and that the local educational agency will implement evidenced-based and research-based strategies to reduce the number and percentage of teachers and paraprofessionals teaching without full certification and licensure overall and in schools served by local educational agencies that serve high numbers or percentages of students who are from low-income backgrounds, students who are racial and ethnic minorities, children with disabilities, or English learners (3) in subsection (e)(1)(A)(i)(I), by inserting the full has met (c) Technical assistance To support the equitable distribution of teachers (1) In general Subpart 2 of part F of title VIII of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7901 et seq. 8549D. Technical assistance to support the equitable distribution of teachers (a) In general To ensure that students who are racial and ethnic minorities, students from low-income backgrounds, students who are children with disabilities, and English learners are not served at disproportionate rates by out-of-field, inexperienced, and ineffective teachers, including ensuring that teachers have the adequate supports they need to be effective, the Secretary shall— (1) provide technical assistance to— (A) increase support to States and local educational agencies for such purposes; and (B) monitor the progress of States and local educational agencies in meeting equitable distribution of teachers requirements specified in subsection (g)(1)(B) of section 1111 and monitoring reporting required under subsection (h)(1)(C)(ix) of such section; and (2) award grants under this section to support State educational agencies and local educational agencies in improving their data systems to effectively collect and analyze information related to educator quality. (b) Report to Congress Not later than 2 years after the date of enactment of the Pay Teachers Act, and each subsequent second fiscal year, the Secretary shall prepare and submit to the Committee on Health, Education, Labor, and Pensions of the Senate and the Committee on Education and the Workforce of the House of Representatives a report regarding— (1) State and local educational agency efforts and progress toward meeting the equitable distribution requirements under subsection (g)(1)(B) of section 1111 and ensuring compliance with reporting required under subsection (h)(1)(C)(ix) of such section; and (2) actions taken by the Secretary to monitor compliance in accordance with subsection (a)(2). (c) Mandatory appropriations In addition to amounts otherwise available, there are appropriated, out of any money in the Treasury not otherwise appropriated, to the Secretary to provide technical assistance described in subsection (a) and carry out reporting requirements in subsection (b)— (1) for fiscal year 2024, $3,000,000; and (2) for each succeeding fiscal year, the amount appropriated under this subsection for the preceding fiscal year, increased by the annual adjustment percentage. (d) Definitions In this section: (1) Annual adjustment percentage The term annual adjustment percentage (2) Consumer Price Index The term Consumer Price Index . (2) Table of contents The table of contents in section 2 of the Elementary and Secondary Education Act of 1965 is amended by inserting after the item relating to section 8549C the following new item: Sec. 8549D. Technical assistance to support the equitable distribution of teachers. . 204. Improving resource equity at schools identified for improvement (a) Purpose It is the purpose of the amendments made under subsection (b) to help ensure that sufficient funds are available to meet the requirements of this Act, including the amendments made by this Act. (b) Amendment Section 1111(d) of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6311(d) (1) in paragraph (1)(B)(iv), by striking resource inequities, which may and proposes a plan to mitigate resource inequities and to increase educational opportunities, including the equitable access to qualified teachers as described in paragraphs (1)(B) and (2)(J) of subsection (g), and section 1112(b)(2), for students enrolled in such school, which shall (2) in paragraph (2)— (A) in subparagraph (B)— (i) in clause (iv), by striking and (ii) in clause (v), by striking the period at the end and inserting ; and (iii) by adding at the end the following: (vi) identifies and proposes a plan to mitigate resource inequities and to increase educational opportunities, including the equitable access to qualified teachers as described in paragraphs (1)(B) and (2)(J) of subsection (g), and section 1112(b)(2), for students enrolled in such school, which shall include a review of local educational agency and school-level budgeting, to be addressed through implementation of such targeted support and improvement plan. ; and (B) in subparagraph (C), by striking may shall (3) in paragraph (3)(A)(ii), by inserting , including the equitable access to qualified teachers as described in paragraphs (1)(B) and (2)(J) of subsection (g) and section 1112(b)(2), periodically review resource allocation 205. Strengthening per-pupil expenditure reporting (a) Purpose It is the purpose of the amendments made under this section to help ensure sufficient funds are available to meet the requirements of this Act, including the amendments made by this Act. (b) State reports Section 1111(h)(5) of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6311(h)(5) (F) the per-pupil expenditures of Federal, State, and local funds, including actual personnel expenditures and actual nonpersonnel expenditures of Federal, State, and local funds, disaggregated by source of funds, for each local educational agency and each school in the State for the preceding fiscal year, in accordance with paragraph (1)(C)(x); and . (c) Local educational agency plans Section 1112(e)(1) of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6312(e)(1) (C) Additional resource equity information Schools served by a local educational agency that receives assistance under this part shall provide to each individual parent of a child who is a student in such school information on resource equity, including— (i) the per-pupil expenditures of Federal, State, and local funds, in both the school in which such parent’s child is enrolled and in the local educational agency that serves such school, in accordance with section 1111(h)(1)(C)(x); and (ii) whether the school-level per-pupil expenditures of the school in which such parent’s child is enrolled and the local educational agency that serves such school are below the average of the local educational agency and State, respectively. . 206. Maintenance of equity (a) Maintenance of equity Section 1118 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6321 (e) State maintenance of equity (1) Fiscal years with reductions to State aid A State that reduced, for the preceding fiscal year, on a per-pupil basis, State funds for a fiscal year shall satisfactorily demonstrate to the Secretary that the State did not reduce State funding (as calculated on a per-pupil basis) for— (A) any high-need local educational agency in the State by an amount that exceeds the overall per-pupil reduction in State funds, if any, for all local educational agencies in such State for such fiscal year; or (B) any highest poverty local educational agency below the level of funding (as calculated on a per-pupil basis) provided to that local educational agency for such previous fiscal year. (2) Fiscal years without reductions to State aid A State educational agency receiving funds under this part for a fiscal year for which the State did not reduce per-pupil spending from State funds shall satisfactorily demonstrate to the Secretary that, for the preceding fiscal year, the State did not reduce State funding (as calculated on a per-pupil basis) for any highest poverty local educational agency or any high-need local educational agency by any amount. (3) De minimis reduction For purposes of paragraphs (1) and (2), the Secretary may disregard a de minimis reduction in State funding to a local educational agency as the Secretary finds appropriate, including for those local educational agencies— (A) with small enrollments that exhibit annual variation in per-pupil funding based primarily on their size; or (B) that exhibit variation in per-pupil funding based on a State funding formula that accounts for the special cost differentials for certain student populations. (4) Definitions In this subsection: (A) Highest poverty local educational agency The term highest poverty local educational agency (i) in rank order, have the highest percentages of economically disadvantaged students in the State, on the basis of the most recent satisfactory data available from the Department of Commerce (or, for local educational agencies for which no such data are available, such other data as the Secretary determines are satisfactory); and (ii) collectively serve not less than 20 percent of the State’s total enrollment of students served by all local educational agencies in the State. (B) High-need local educational agency The term high-need local educational agency (i) in rank order, have the highest percentages of economically disadvantaged students in the State, on the basis of the most recent satisfactory data available from the Department of Commerce (or, for local educational agencies for which no such data are available, such other data as the Secretary of Education determines are satisfactory); and (ii) collectively serve not less than 50 percent of the State’s total enrollment of students served by all local educational agencies in the State. (C) Overall per-pupil reduction in state funds The term overall per-pupil reduction in State funds (i) the amount of any reduction in the total amount of State funds provided to all local educational agencies in the State for that fiscal year compared to the total amount of State funds provided to all local educational agencies in the State for the preceding fiscal year; divided by (ii) the aggregate number of children enrolled in all schools served by all local educational agencies in the State in the fiscal year for which the determination is being made. (D) State The term State . (b) No waiver Section 8401(c) of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7861(c) or maintenance of equity, including section 1118(e) (c) Effective date The amendments made by subsections (a) and (b) shall take effect on October 1, 2023. 207. State administration Section 1004 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6304 (1) in subsection (a)— (A) in the matter preceding paragraph (1), by striking subsection (b) subsections (b) and (c) (B) in paragraph (2), by striking $400,000 $1,200,000 (2) by adding at the end the following: (c) Reservation for State fiscal and resource adequacy and equity In addition to any amounts reserved under subsection (a), each State receiving assistance under part A shall reserve not more than 0.5 percent of funds received under such part to carry out 1 or more of the following activities: (1) Monitor implementation of section 1111(i). (2) Support State public school funding and resource adequacy and equity commissions, or comprehensive reviews of State public school finance systems, that— (A) are carried out with significant and meaningful family and community engagement, including with— (i) organizations representing the interests of students from low-income backgrounds, students who are racial and ethnic minorities, English learners, children with disabilities, students experiencing homelessness, children and youth in the foster care system, and other vulnerable and underserved children; (ii) teachers, classified school employees, principals, and other school leaders; (iii) local educational agencies; (iv) parents and families; (v) civil rights organizations in the State; and (vi) school finance experts, which may include researchers from institutions of higher education; (B) identify State and local funding and educational opportunity gaps in fiscal and resource adequacy and equity— (i) among all local educational agencies in the State; and (ii) for each local educational agency in the State, across all schools served by such agency; and (C) develop action plans to address existing gaps in fiscal and resource adequacy and equity identified under subparagraph (B), with involvement from the stakeholders described in clauses (i) through (vi) of subparagraph (A). (3) Support the provision of technical assistance, which may be provided by school finance experts, regarding the public school finance systems, including developing and implementing more adequate and equitable approaches to State education funding and resource allocation. (4) Support and expand public transparency about public school finance systems. . 208. National Academies study to improve ESEA’s resource equity requirements (a) In general Not later than 240 days after the date of enactment of this Act, the Secretary shall enter into an agreement with the National Academies of Sciences, Engineering, and Medicine to— (1) conduct a study of how to improve Federal requirements designed to ensure that public schools and local educational agencies that serve a high number or percentage of underserved groups of students, including students from low-income backgrounds, students of color, English learners, children with disabilities, students experiencing homelessness, and children and youth in the foster care system, receive an adequate and equitable share of State and local funds; and (2) make the report described in subsection (c) publicly available. (b) Elements The study described in subsection (a) shall— (1) examine disparities in per-pupil expenditures (from State and local funding) and in full-time equivalent staff between public schools receiving support under part A of title I of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6311 et seq. (2) identify options for improving the fiscal requirements for purposes of comparability as described in section 1118(c) of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6321(c) (3) identify options for improving the supplement, not supplant requirements under section 1118(b) of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6321(b) (4) include recommendations for effective or evidence-based Federal and State policies designed to ensure that public schools and local educational agencies that serve a high number or percentage of underserved groups of students receive an equitable share of funds, including recommendations relating to the equitable and adequate distribution of funds at the State and local levels. (c) Report Not later than 3 years after the date of the agreement entered into under subsection (a), the National Academies of Sciences, Engineering, and Medicine shall submit to the Secretary, the Committee on Health, Education, Labor, and Pensions of the Senate, and the Committee on Education and the Workforce of the House of Representatives a report of the study required under such subsection. (d) Mandatory appropriations In addition to amounts otherwise available, there is appropriated, out of any money in the Treasury not otherwise appropriated, $1,500,000 to the Secretary to carry out this section for fiscal year 2024. III Investing in the teaching profession 301. Mandatory appropriations for the Teacher Quality Partnerships and Grow Your Own programs (a) Teacher quality partnerships program appropriated In addition to amounts otherwise available, there are appropriated, out of any money in the Treasury not otherwise appropriated, to the Secretary to carry out part A of title II of the Higher Education Act of 1965 ( 20 U.S.C. 1022 et seq. (1) for fiscal year 2024, $550,000,000; (2) for each succeeding fiscal year, the amount appropriated under this subsection for the preceding fiscal year, increased by the annual adjustment percentage. (b) Priority In carrying out part A of title II of the Higher Education Act of 1965 ( 20 U.S.C. 1022 et seq. 20 U.S.C. 1022(a) (c) Grow your own programs authorized Section 202 of the Higher Education Act of 1965 ( 20 U.S.C. 1022a (1) in subsection (b)(6)— (A) in subparagraph (B), by striking subsection (d) or (e) subsection (d), (e), or (f) (B) in subparagraph (C), by striking subsection (f) or (g) subsection (g) or (h) (2) in subsection (c)— (A) in paragraph (1), by striking , or a combination of such programs or a Grow Your Own program under subsection (f), or a combination of the programs described in this paragraph (B) in paragraph (2), by striking subsection (f) subsection (g) (3) by redesignating subsections (f) through (k) as subsections (g) through (l), respectively; (4) by inserting after subsection (e) the following: (f) Partnership grants for the establishment of Grow Your Own programs (1) In general An eligible partnership that receives a grant to carry out a Grow Your Own program shall carry out an effective Grow Your Own program to address shortages of teachers in high-need subjects, fields, schools, and geographic areas, or shortages of school leaders in high-need schools, and to increase the diversity of qualified individuals entering the teacher, principal, or other school leader workforce. (2) Requirements of a Grow Your Own program In addition to carrying out each of the activities described in paragraphs (1) through (6) of subsection (d), an eligible partnership carrying out a Grow Your Own program under this subsection shall— (A) provide opportunities for candidates to practice and develop teaching or school leadership skills that integrate knowledge from education coursework through, at a minimum, a year-long, school-based, paid clinical experience in which candidates teach or lead alongside an expert mentor teacher or school leader, who is the teacher or school leader of record, in the same local educational agency in which the candidates expect to work; (B) provide academic and nonacademic wrap-around supports and services, including advising, tutoring, test preparation, and financial assistance (which may include scholarships or stipends), to candidates as they— (i) complete an associate degree program (if such program is in furtherance of a baccalaureate degree), baccalaureate degree program, or master’s degree program, as applicable; (ii) enter and complete teacher or school leadership preparation programs; (iii) access and complete State licensure or certification examinations; and (iv) engage in school-based clinical placements described in subparagraph (A); (C) include efforts to recruit individuals with experience in high-need subjects or fields who are not certified to teach or lead, with a specific focus on recruiting individuals— (i) who are other staff employed by local educational agencies, including paraprofessionals; (ii) who are enrolled in dual or concurrent enrollment programs or early college high school programs and studying to become teachers; (iii) from groups or populations that are underrepresented; and (iv) who live in and come from the communities the schools serve; and (D) require candidates to complete all State requirements to become fully certified or licensed. ; and (5) in subsection (h), as redesignated by paragraph (3), by striking the activities described in subsection (d) or (e), or both activities described in subsection (d), (e), or (f) 302. Mandatory appropriations for the Augustus F. Hawkins Centers of Excellence program In addition to amounts otherwise available, there are appropriated, out of any money in the Treasury not otherwise appropriated, to the Secretary to carry out the Augustus F. Hawkins Centers of Excellence program authorized under section 242 of the Higher Education Act of 1965 ( 20 U.S.C. 1033a (1) for fiscal year 2024, $150,000,000; and (2) for each succeeding fiscal year, the amount appropriated under this section for the preceding fiscal year, increased by the annual adjustment percentage. 303. Mandatory appropriations for personnel development to improve services and results for children with disabilities under part D of IDEA In addition to amounts otherwise available, there are appropriated, out of any money in the Treasury not otherwise appropriated, to the Secretary to carry out the program authorized under section 662 of the Individuals with Disabilities Education Act ( 20 U.S.C. 1462 (1) for fiscal year 2024, $300,000,000; and (2) for each succeeding fiscal year, the amount appropriated under this section for the preceding fiscal year, increased by the annual adjustment percentage. 304. Mandatory appropriations for the Supporting Effective Educator Development program (a) Appropriation In addition to amounts otherwise available, there are appropriated, out of any money in the Treasury not otherwise appropriated, to the Secretary to carry out the Supporting Effective Educator Development program authorized under section 2242 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6672 (1) for fiscal year 2024, $100,000,000; and (2) for each succeeding fiscal year, the amount appropriated under this subsection for the preceding fiscal year, increased by the annual adjustment percentage. (b) Priority In awarding grants under the Supporting Effective Educator Development program authorized under section 2242 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6672 (1) are partnerships that include— (A) (i) 1 or more institutions of higher education described in section 2242(f)(1) of such Act; or (ii) 1 or more national nonprofit entities described in section 2242(f)(2) of such Act; and (B) (i) 1 or more State educational agencies; or (ii) 1 or more local educational agencies; and (2) in the application submitted under section 2242(c) of such Act, describe how such funds will be used to develop teacher leadership and professional expertise by providing teachers, principals, or other school leaders with opportunities to— (A) earn additional in-demand certifications and credentials, including National Board certification and certifications or credentials in high-need subjects and fields, such as special education, bilingual education, science, technology, engineering, mathematics, and career and technical education; (B) serve as mentors; (C) participate in distributed leadership or school-based clinical models; or (D) learn and teach other teachers how to conduct student inquiries, including through action research and the effective use of student data to strengthen teaching and learning. (c) Conforming amendment Section 2242(f)(4) of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6672(f)(4) entity entity, a State educational agency, a local educational agency, or a consortium of State educational agencies or local educational agencies 305. Mandatory appropriations for the Teacher and School Leader Incentive program to support continued teacher growth and contributions to student learning (a) Appropriation In addition to amounts otherwise available, there are appropriated, out of any money in the Treasury not otherwise appropriated, to the Secretary to carry out the Teacher and School Leader Incentive program authorized under subpart 1 of part B of title II of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6631 et seq. (1) for fiscal year 2024, $200,000,000; and (2) for each succeeding fiscal year, the amount appropriated under this subsection for the preceding fiscal year, increased by the annual adjustment percentage. (b) Special requirement For purposes of any grants awarded under subpart 1 of part B of title II of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6631 et seq. performance-based compensation system 20 U.S.C. 6631(b)(4)(B)(ii)

Pay Teachers Act

Preventing Malign CCP Influence on Academic Institutions Act This bill requires institutions of higher education (IHEs) to disclose information regarding gifts from and contracts with organizations affiliated with China's government, the Chinese Communist Party (CCP), or the People's Liberation Army (PLA), including certain educational institutes or programs, think tanks, and business entities. Under current law, an IHE must disclose to the Department of Education (ED) a gift or contract from a foreign source that is valued at $250,000 or more, considered alone or in combination with all other gifts from or contracts with that foreign source. This bill establishes a special disclosure rule relating to organizations affiliated with China's government, the CCP, or the PLA. Specifically, the bill requires an IHE to disclose a gift from or contract with such an organization that is valued at $5,000 or more, considered alone or in combination with all other gifts from or contracts with that organization. Additionally, the bill requires an IHE that receives federal grants to annually file a report with ED that identifies any activities conducted pursuant to a contract or other agreement between the IHE and such an organization, including any joint research or academic exchanges. Such contracts or agreements must be publicly available on the IHE's website.

118 S768 IS: Preventing Malign CCP Influence on Academic Institutions Act U.S. Senate 2023-03-09 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 118th CONGRESS 1st Session S. 768 IN THE SENATE OF THE UNITED STATES March 9, 2023 Mr. Kennedy Committee on Health, Education, Labor, and Pensions A BILL To amend the Higher Education Act of 1965 to require institutions of higher education to disclose certain ties to organizations affiliated with the Government of the People’s Republic of China, the Chinese Communist Party, and the People’s Liberation Army, and for other purposes. 1. Short title This Act may be cited as the Preventing Malign CCP Influence on Academic Institutions Act 2. Disclosures of foreign gifts Section 117 of the Higher Education Act of 1965 ( 20 U.S.C. 1011f (1) in subsection (a), by striking Whenever Except as provided in subsection (d), whenever (2) by redesignating subsections (d) through (h) as subsections (e) through (i), respectively; (3) by inserting after subsection (c) the following: (d) Special rules relating to PRC-, CCP-, and PLA-Affiliated organizations (1) Enhanced disclosures of gifts and contracts (A) In general Whenever any institution receives a gift from or enters into a contract with a PRC-, CCP-, or PLA-affiliated organization, the value of which is $5,000 or more, considered alone or in combination with all other gifts from or contracts with that organization within a calendar year, the institution shall file a disclosure report with the Secretary on January 31 or July 31, whichever is sooner. (B) Contents of report Each report under subparagraph (A) shall include— (i) the information described in subsections (b) and (c) (as applicable); (ii) the full legal name of the individual or organization that made the gift or entered into the contract to which the disclosure pertains; and (iii) instructions for accessing the information made available under paragraph (3). (2) Disclosure of joint activities On an annual basis, any institution that receives funds under a Federal grant program shall file a disclosure report with the Secretary that identifies any activities conducted pursuant to a contract or other agreement between the institution and a PRC-, CCP-, or PLA-affiliated organization, including any joint research or academic exchanges. (3) Public availability of agreements Each institution shall make available, on a publicly accessible website of the institution, the full text of any contract, agreement, or memorandum of understanding between the institution and a PRC-, CCP-, or PLA-affiliated organization (regardless of whether the contract, agreement, or memorandum remains in effect). ; and (4) in subsection (i), as so redesignated— (A) by redesignating paragraph (5) as paragraph (6); and (B) by inserting after paragraph (4) the following: (5) The term PRC-, CCP-, or PLA-affiliated organization (A) a cultural, language, or educational institute or program; (B) a think tank that has received more than $100,000 in one calendar year or more than 10 percent of the total funding for such think tank for that year, whichever is less, from the Government of the People’s Republic of China, the Chinese Communist Party, or the People’s Liberation Army, or individuals affiliated with such organizations; (C) a person who is a current member of the Government of the People’s Republic of China, the Chinese Communist Party, or the People’s Liberation Army, or is otherwise active in collaborating with such organizations as an employee or advisor; (D) a Chinese State-owned enterprise or partially or wholly owned subsidiary of a Chinese State-owned enterprise; and (E) a company, think tank, nonprofit, or other similar entity, which has on its board of directors or with equity ownership or voting control in excess of 5 percent any members of the Government of the People’s Republic of China, the Chinese Communist Party, or the People’s Liberation Army, or executives of a Chinese State-owned enterprise, including the president, vice president, or any other officer who performs a policy making function or any other person who performs similar policy making functions for such enterprise, including an executive officer of a subsidiary of such enterprise who performs such policy making functions. .

Preventing Malign CCP Influence on Academic Institutions Act

U.S. Hostage and Wrongful Detainee Day Act of 2023 This bill designates March 9 as U.S. Hostage and Wrongful Detainee Day and requests the President to issue an annual proclamation calling on the people of the United States to observe it. The bill also designates the Hostage and Wrongful Detainee Flag as a symbol of the commitment of the United States to recognizing, and prioritizing the freedom of, citizens and lawful permanent residents held as hostages or wrongfully detained abroad.

118 S769 ES: U.S. Hostage and Wrongful Detainee Day Act of 2023 U.S. Senate text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. 118th CONGRESS 1st Session S. 769 IN THE SENATE OF THE UNITED STATES AN ACT To amend title 36, United States Code, to designate March 9 as U.S. Hostage and Wrongful Detainee Day and to designate the Hostage and Wrongful Detainee flag as an official symbol to recognize citizens of the United States held as hostages or wrongfully detained abroad. 1. Short title This Act may be cited as the U.S. Hostage and Wrongful Detainee Day Act of 2023 2. Designation (a) Hostage and Wrongful Detainee Day (1) In general Chapter 1 (A) by redesignating the second section 146 (relating to Choose Respect Day) as section 147; and (B) by adding at the end the following: 148. U.S. Hostage and Wrongful Detainee Day (a) Designation March 9 is U.S. Hostage and Wrongful Detainee Day. (b) Proclamation The President is requested to issue each year a proclamation calling on the people of the United States to observe U.S. Hostage and Wrongful Detainee Day with appropriate ceremonies and activities. . (2) Technical and conforming amendment The table of sections for chapter 1 147. Choose Respect Day. 148. U.S. Hostage and Wrongful Detainee Day. . (b) Hostage and Wrongful Detainee flag (1) In general Chapter 9 904. Hostage and Wrongful Detainee flag (a) Designation The Hostage and Wrongful Detainee flag championed by the Bring Our Families Home Campaign is designated as the symbol of the commitment of the United States to recognizing, and prioritizing the freedom of, citizens and lawful permanent residents of the United States held as hostages or wrongfully detained abroad. (b) Required display (1) In general The Hostage and Wrongful Detainee flag shall be displayed at the locations specified in paragraph (3) on the days specified in paragraph (2). (2) Days specified The days specified in this paragraph are the following: (A) U.S. Hostage and Wrongful Detainee Day, March 9. (B) Flag Day, June 14. (C) Independence Day, July 4. (D) Any day on which a citizen or lawful permanent resident of the United States— (i) returns to the United States from being held hostage or wrongfully detained abroad; or (ii) dies while being held hostage or wrongfully detained abroad. (3) Locations specified The locations specified in this paragraph are the following: (A) The Capitol. (B) The White House. (C) The buildings containing the official office of— (i) the Secretary of State; and (ii) the Secretary of Defense. (c) Display To be in a manner visible to the public Display of the Hostage and Wrongful Detainee flag pursuant to this section shall be in a manner designed to ensure visibility to the public. (d) Limitation This section may not be construed or applied so as to require any employee to report to work solely for the purpose of providing for the display of the Hostage and Wrongful Detainee flag. . (2) Technical and conforming amendment The table of sections for chapter 9 904. Hostage and Wrongful Detainee flag. . Passed the Senate May 31 (legislative day, May 30), 2023. Secretary

U.S. Hostage and Wrongful Detainee Day Act of 2023

STEP Improvement Act of 2023 This bill reauthorizes through FY2028 the Small Business Administration's (SBA) State Trade Expansion Program, which provides foreign trade assistance to small businesses, and it revises provisions related to the administration of the program. Specifically, the SBA must establish a time frame for, and provide certain information related to, the application process, and it must conduct an annual survey to solicit feedback on the program. The SBA must collect data on certain performance metrics such as the (1) total number of small businesses assisted by the program, (2) total dollar amount of export sales by participating small businesses, and (3) number of small businesses that have created new jobs through their participation in the program. The bill also requires applicants for participation to include a budget plan that outlines their intended use of funds awarded under the program.

118 S77 IS: STEP Improvement Act of 2023 U.S. Senate 2023-01-25 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 118th CONGRESS 1st Session S. 77 IN THE SENATE OF THE UNITED STATES January 25, 2023 Mrs. Shaheen Committee on Small Business and Entrepreneurship A BILL To reauthorize the State Trade Expansion Program of the Small Business Administration, and for other purposes. 1. Short title This Act may be cited as the STEP Improvement Act of 2023 2. State Trade Expansion program (a) Application requirements Section 22(l)(3) of the Small Business Act ( 15 U.S.C. 649(l)(3) (1) in subparagraph (D)— (A) in clause (i), by inserting , including a budget plan for use of funds awarded under this subsection (B) by adding at the end the following: (iii) Timing The Associate Administrator shall— (I) publish information on how to apply for a grant under this subsection, including specific calculations and other determinations used to award such a grant, not later than March 31 of each year; (II) establish a deadline for the submission of applications that is not earlier than 60 days after the date on which the information is published under subclause (I) and that is not later than May 31; and (III) announce grant recipients not later than August 31 of each year. ; and (2) by adding at the end the following: (E) Application information The Associate Administrator shall clearly communicate to applicants and grant recipients any information about the State Trade Expansion Program, including— (i) for each unsuccessful applicant for a grant awarded under this subsection, recommendations to improve a subsequent application for such a grant; and (ii) for each successful applicant for such a grant, an explanation for the amount awarded, if different from the amount requested in the application. (F) Budget plan revisions (i) In general A State receiving a grant under this subsection may revise the budget plan of the State submitted under subparagraph (D) after the disbursal of grant funds if— (I) the revision complies with allowable uses of grant funds under this subsection; and (II) such State submits notification of the revision to the Associate Administrator. (ii) Exception If a revision under clause (i) reallocates 10 percent or more of the amounts described in the budget plan of the State submitted under subparagraph (D), the State may not implement the revised budget plan without the approval of the Associate Administrator, unless the Associate Administrator fails to approve or deny the revised plan within 20 days after receipt of such revised plan. . (b) Survey Section 22(l) of the Small Business Act ( 15 U.S.C. 649(l) (1) by redesignating paragraphs (7) through (9) as paragraphs (8) through (10), respectively; and (2) by inserting after paragraph (6) the following: (7) Survey The Associate Administrator shall conduct an annual survey of each State that received a grant under this subsection during the preceding year to solicit feedback on the program and develop best practices for grantees. . (c) Annual report Paragraph (8)(B) of section 22(l) of the Small Business Act ( 15 U.S.C. 649(l) (1) in clause (i)— (A) in subclause (III), by inserting , including the total number of eligible small business concerns assisted by the program (disaggregated by socially and economically disadvantaged small business concerns, small business concerns owned and controlled by women, and rural small business concerns) (B) in subclause (IV), by striking and (C) in subclause (V)— (i) by striking description of best practices detailed description of best practices (ii) by striking the period at the end and inserting a semicolon; and (D) by adding at the end the following: (VI) an analysis of the performance metrics described in clause (iii), including a determination of whether or not any goals relating to such performance metrics were met, and an analysis of the survey described in paragraph (7); and (VII) a description of lessons learned by grant recipients under this subsection that may apply to other assistance provided by the Administration. ; and (2) by adding at the end the following: (iii) Performance metrics Annually, the Associate Administrator shall collect data on eligible small business concerns assisted by the program for the following performance metrics: (I) Total number of such concerns, disaggregated by socially and economically disadvantaged small business concerns, small business concerns owned and controlled by women, and rural small business concerns. (II) Total dollar amount of export sales by eligible small business concerns assisted by the program. (III) Number of such concerns that have not previously participated in an activity described in paragraph (2). (IV) Number of such concerns that, because of participation in the program, have accessed a new market. (V) Number of such concerns that, because of participation in the program, have created new jobs. (VI) Number of such concerns participating in foreign trade missions or trade show exhibitions, disaggregated by socially and economically disadvantaged small business concerns, small business concerns owned and controlled by women, and rural small business concerns. . (d) Expansion of definition of eligible small business concern Section 22(l)(1)(A) of the Small Business Act ( 15 U.S.C. 649(l)(1)(A) (1) in clause (iii)(II), by adding and (2) by striking clause (iv); and (3) by redesignating clause (v) as clause (iv). (e) Authorization of appropriations Paragraph (10) of section 22(l) of the Small Business Act ( 15 U.S.C. 649(l) fiscal years 2016 through 2020 fiscal years 2024 through 2028 (f) Report to congress Not later than 1 year after the date of enactment of this Act, the Associate Administrator for International Trade of the Small Business Administration shall submit to Congress a report on the State Trade Expansion Program established under section 22(l) of the Small Business Act ( 15 U.S.C. 649(l) (1) the process developed for review of revised budget plans submitted under subparagraph (F) of section 22(l)(3) of the Small Business Act ( 15 U.S.C. 649(l)(3) (2) any changes made to streamline the application process to remove duplicative requirements and create a more transparent process; (3) the process developed to share best practices by States described in paragraph (8)(B)(i)(V) of section 22(l) of the Small Business Act ( 15 U.S.C. 649(l) (4) the process developed to communicate, both verbally and in writing, relevant information about the State Trade Expansion Program to all grant recipients in a timely manner.

STEP Improvement Act of 2023

Taiwan Democracy Defense Lend-Lease Act of 2023 This bill authorizes the President to lend or lease defense articles to Taiwan for protection against potential Chinese military aggression and requires the President to establish expedited procedures for delivering loaned or leased defense articles to Taiwan. The bill also authorizes the President to finance Taiwan's procurement of certain services in connection with the loan or lease of a defense article, provided Taiwan repays the United States within 12 years.

118 S770 IS: Taiwan Democracy Defense Lend-Lease Act of 2023 U.S. Senate 2023-03-09 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 118th CONGRESS 1st Session S. 770 IN THE SENATE OF THE UNITED STATES March 9, 2023 Mrs. Blackburn Mr. Scott of Florida Mr. Rubio Committee on Foreign Relations A BILL To provide for the loan and lease of defense articles to the Government of Taiwan, and for other purposes. 1. Short title This Act may be cited as the Taiwan Democracy Defense Lend-Lease Act of 2023 2. Loan and lease of defense articles to Government of Taiwan (a) Authority To lend or lease defense articles to Government of Taiwan (1) Authority Notwithstanding section 503(b)(3) of the Foreign Assistance Act of 1961 ( 22 U.S.C. 2311(b)(3) 22 U.S.C. 2796 (A) the payment by the Government of Taiwan of the cost of restoring or replacing the defense article, in the case that the defense article is damaged; and (B) the payment by the Government of Taiwan of an amount equal to the replacement cost (less any depreciation in the value) of the defense article, in the case that the defense article is lost or destroyed. (2) Means of aggression by People’s Liberation Army The means described in this paragraph are the following: (A) The full or partial naval blockade of Taiwan. (B) An amphibious assault and ground invasion of Taiwan. (C) A missile strike (whether conducted alone or as a part of a broader campaign). (D) Kinetic or non-kinetic operations against military targets or critical infrastructure in Taiwan. (E) A seizure, or attempted seizure, of one or more of the outlying islands controlled by Taiwan. (3) Defense services and defense construction services (A) In general The President may finance the procurement of defense services and design and construction services by the Government of Taiwan in connection with a loan or lease of a defense article to such Government under paragraph (1), if, as a condition of such financing, the President requires that, not later than 12 years after the date on which the agreement with the Government of Taiwan for such financing is signed on behalf of the United States Government, the Government of Taiwan pay to the United States Government (in United States dollars) an amount equal to the sum of— (i) the value of such services; and (ii) any interest on the unpaid balance of the obligation for payment under clause (i), at a rate that, except as provided in subparagraph (B), is equivalent to the average interest rate, as of the last day of the month preceding the date on which such agreement is signed, that the United States Government pays on outstanding marketable obligations of comparable maturity. (B) Exception to interest rate requirement If the President submits to Congress a certification containing a determination that national security requires a lesser rate of interest than the rate calculated pursuant to clause (ii) of subparagraph (A), a justification for such determination, and an identification of such lesser rate, the lesser rate so identified shall apply in lieu of the rate calculated pursuant to such clause. (b) Delegation of authority The President may delegate the authority under subsection (a) only to an official appointed by the President by and with the advice and consent of the Senate. (c) Procedures for delivery of defense articles Not later than 60 days after the date of the enactment of this Act, the President shall establish expedited procedures for the delivery of any defense article loaned or leased to the Government of Taiwan under subsection (a) to ensure the timely delivery of the defense article to such Government. (d) Report on determination of defense needs of Taiwan (1) Report Not later than 90 days after the date of the enactment of this Act, the Secretary of Defense, in collaboration with the Commander of the United States Indo-Pacific Command, shall submit to Congress a report on the potential loan and lease of defense articles to the Government of Taiwan under subsection (a). The report shall include the following elements: (A) An initial assessment of the defense articles that are appropriate for such loan or lease. (B) An assessment of any supply chain or other logistical challenges associated with the loan or lease of defense articles identified pursuant to subparagraph (A). (C) A discussion of expected timeframes for the provision to the Government of Taiwan of defense articles identified pursuant to subparagraph (A), including— (i) expected timelines for the delivery of such defense articles; and (ii) expected timelines for the full integration of such defense articles by the military of Taiwan, such that the military of Taiwan is able to effectively use defense articles so delivered in the event of a conflict with the People’s Republic of China. (D) Such other matters as the Secretary may consider appropriate. (2) Form The report under paragraph (1) shall be submitted in unclassified form, but may include a classified annex. (e) Definitions In this section, the terms defense article defense service design and construction services 22 U.S.C. 2794

Taiwan Democracy Defense Lend-Lease Act of 2023

Responsible Budget Targets Act of 2023 This bill modifies the federal budget process to establish new spending caps that are adjusted annually based on factors such as the amount of revenue and the growth of the gross domestic product.

118 S772 IS: Responsible Budget Targets Act of 2023 U.S. Senate 2023-03-09 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 118th CONGRESS 1st Session S. 772 IN THE SENATE OF THE UNITED STATES March 9, 2023 Mr. Braun Committee on the Budget A BILL To amend the Congressional Budget Act of 1974 to set responsible budget targets. 1. Short title This Act may be cited as the Responsible Budget Targets Act of 2023 2. Establishing responsible budget targets (a) In general Title IV of the Congressional Budget Act of 1974 ( 2 U.S.C. 651 et seq. C Establishing responsible budget targets 441. Definitions In this part: (1) Primary balance factor (A) In general The term primary balance factor (i) with respect to the first fiscal year that begins not less than 180 days after the date of enactment of this part, means 0.0 percentage point; and (ii) except as provided in subparagraph (B), with respect to each fiscal year after the fiscal year described in clause (i), means the sum obtained by adding— (I) the primary balance factor for the previous fiscal year; and (II) (aa) if primary budget authority exceeded revenue for the fiscal year before the previous fiscal year, 0.2 percentage point; and (bb) if revenue exceeded primary budget authority for the fiscal year before the previous fiscal year, −0.2 percentage point. (B) Special rule for first year after primary balance (i) In general For the first fiscal year that begins after the date of a determination that, for a fiscal year beginning after the date of enactment of this part, revenue exceeded primary budget authority, the term primary balance factor (ii) Subsequent adjustment After the first fiscal year described in clause (i), the primary balance factor shall be adjusted in accordance with subparagraph (A)(ii). (2) Primary budget authority The term primary budget authority (3) Spending ceiling The term spending ceiling (4) Spending growth factor The term spending growth factor (A) the primary balance factor for the fiscal year; from (B) the average annual percentage growth in the gross domestic product of the United States during the 5-fiscal-year period before the beginning of the fiscal year before such fiscal year. 442. Establishment of a spending ceiling (a) In general The maximum amount of primary budget authority for a fiscal year shall be the amount of primary budget authority for the previous fiscal year as— (1) increased by the spending growth factor; and (2) modified by any adjustments under section 444 or 445. (b) Exclusion of adjustments from baseline In determining the maximum amount of primary budget authority for a fiscal year, the amount of primary budget authority for the previous fiscal year shall not include any adjustment under paragraph (1) or (3) of section 444 or under section 445(c). (c) Determination (1) For congressional purposes The Director of the Congressional Budget Office shall— (A) include in each report under section 202(e)(1) and revision of such a report an estimate of the amount of the spending ceiling (including factors necessary to produce the estimate) and any adjustments under section 444 for the fiscal year commencing on October 1 of the year during which the Director submits the report; and (B) provide to the Committee on the Budget of the Senate and the Committee on the Budget of the House of Representatives updates to the estimate of the spending ceiling and adjustments, as appropriate. (2) For executive branch purposes The President shall— (A) include in each budget of the President submitted under section 1105 of title 31, United States Code, an estimate by the Office of Management and Budget of the amount of the spending ceiling and any adjustments under section 444 for the fiscal year commencing on October 1 of the year during which the President submits the budget; and (B) obtain from the Office of Management and Budget updates to the estimate of the spending ceiling and adjustments, as appropriate. 443. Use of ceiling (a) By Congress When considering legislation, the Senate and the House of Representatives shall adhere to the spending ceiling, as determined by the Director of the Congressional Budget Office under section 442(c)(1) (including any adjustments under section 444 or 445(c)). (b) By executive branch When considering proposals with fiscal implications, the President shall adhere to the spending ceiling, as determined by the Director of the Office of Management and Budget under section 442(c)(2) (including any adjustments under sections 444 or 445(c)). 444. Adjusting the spending ceiling When adopting a concurrent resolution on the budget (including a concurrent resolution on the budget described in section 304), Congress may adjust the spending ceiling as determined under section 442(c)(1), and when enacting a supplemental appropriations Act, Congress may adjust the spending ceiling as determined under section 442(c)(2), commensurate with— (1) appropriations for an emergency, as defined in section 250(c) of the Balanced Budget and Emergency Deficit Control Act of 1985 ( 2 U.S.C. 900(c) (2) a revision in the estimate of the gross domestic product of the United States for any year to which section 441(4)(B) applies; (3) cyclical variations due to the difference between the actual and potential amount of the gross domestic product of the United States; (4) timing shifts of expenditures or revenues due; or (5) enacted laws that result in a change in revenue. 445. Emergency account adjustments (a) Establishment of emergency account The Director of the Congressional Budget Office and the Director of the Office of Management and Budget shall each maintain an emergency account. (b) Computation (1) In general The amount of the emergency account shall be— (A) increased by the amount of the adjustment made under section 444(1); and (B) decreased by the difference obtained by subtracting the amount of primary budget authority provided for a fiscal year from the adjusted spending ceiling (excluding any adjustment under section 444(1), and including the effect of adjustments under section 445(c)) for that fiscal year. (2) Limit of zero The amount of the emergency account may not be less than $0. (c) Adjustment (1) In general If the amount of the emergency account on the last day of a fiscal year has increased, as compared to the last day of the fiscal year before such fiscal year, the amount of the spending ceiling for the second fiscal year after such fiscal year and each of the ensuing 5 fiscal years shall be reduced by the amount equal to one-sixth of the amount of the increase in the emergency account. (2) Modification of adjustment (A) For congressional purposes When adopting a concurrent resolution on the budget (including a concurrent resolution on the budget described in section 304), Congress may, for purposes of applying the spending ceiling in the Senate and the House of Representatives— (i) reduce the amount of the spending ceiling by the amount of the emergency account over a period shorter than 6 fiscal years; or (ii) in the case of an ongoing emergency, reduce the amount of the spending ceiling by the amount of the emergency account over a period longer than 6 fiscal years. (B) For executive branch purposes When enacting a supplemental appropriations Act, Congress may, for purposes of applying the spending ceiling in the executive branch— (i) reduce the amount of the spending ceiling by the amount of the emergency account over a period shorter than 6 fiscal years; or (ii) in the case of an ongoing emergency, reduce the amount of the spending ceiling by the amount of the emergency account over a period longer than 6 fiscal years. . (b) Conforming amendment The table of contents in section 1(b) of the Congressional Budget and Impoundment Control Act of 1974 is amended by inserting after the item relating to section 428 the following: PART C—Establishing responsible budget targets Sec. 441. Definitions. Sec. 442. Establishment of a spending ceiling. Sec. 443. Use of ceiling. Sec. 444. Adjusting the spending ceiling. Sec. 445. Emergency account adjustments. .

Responsible Budget Targets Act of 2023

Public Water Supply Invasive Species Compliance Act of 2023 This bill addresses transfers between Texas, Arkansas, and Louisiana of water that contains invasive species. The bill exempts certain water transfers between public water supplies in Texas, Arkansas, and Louisiana from prohibitions on illegal trade of plants and wildlife. Specifically, the prohibitions do not apply to covered water transfers containing prohibited species if the species are present in both public water supplies before the transfer, the water is subject to mitigation measures, and the water is transferred directly between the supplies; or the water is transferred in a closed conveyance system, such as a pipe system, and sent directly to treatment facilities where the species will be destroyed. The costs of the mitigation measures must be borne by the entity that sells the water for financial gain. Finally, the bill establishes notification requirements for water transfers.

118 S773 IS: Public Water Supply Invasive Species Compliance Act of 2023 U.S. Senate 2023-03-09 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 118th CONGRESS 1st Session S. 773 IN THE SENATE OF THE UNITED STATES March 9, 2023 Mr. Cruz Committee on Environment and Public Works A BILL To exempt from the Lacey Act and the Lacey Act Amendments of 1981 certain water transfers between any of the States of Texas, Arkansas, and Louisiana, and for other purposes. 1. Short title This Act may be cited as the Public Water Supply Invasive Species Compliance Act of 2023 2. Exemption of certain water transfers from the Lacey Act and the Lacey Act Amendments of 1981 (a) Definitions In this section: (1) Covered water transfer The term covered water transfer (2) Prohibited species The term prohibited species (A) the shipment of which is otherwise prohibited by section 42 of title 18, United States Code (commonly known as the Lacey Act (B) the transfer of which is otherwise prohibited by the Lacey Act Amendments of 1981 ( 16 U.S.C. 3371 et seq. (3) Public water supply The term public water supply (b) Exemption Section 42 of title 18, United States Code (commonly known as the Lacey Act 16 U.S.C. 3371 et seq. (1) (A) all prohibited species in the water transferred are located in both of the public water supplies between which the water is transferred; (B) the water is transferred directly between those public water supplies; and (C) the water is subject to effective mitigation measures that are reviewed and approved by the appropriate State agency of the State to which the water is being transferred, including— (i) chemically treating the water for suspected or known prohibited species; (ii) limiting transfers to certain times; (iii) withdrawing water only from certain depths; (iv) filtration; (v) enhanced monitoring; and (vi) other mitigation measures; or (2) the water is transferred in a closed conveyance system directly to treatment facilities where all prohibited species contained in the water transferred will be extirpated. (c) Notification (1) In general Before the first covered water transfer described in subsection (b)(1) occurs in a calendar year and subject to paragraph (2), the controlling authority of the public water supply from which the water is to be transferred (referred to in this subsection as the donor public water supply recipient public water supply (A) the expected dates of the covered water transfer; (B) the volume of water to be transferred, which may include a range of possible volumes of water that may be transferred; (C) a list of known prohibited species that are contained in the donor public water supply; (D) a certification that the known prohibited species described in subparagraph (C) are present in both the donor public water supply and the recipient public water supply; and (E) a notice of other known species present in the donor public water supply that may be of concern to the controlling authority of the recipient public water supply, including species that are not prohibited by the laws referred to in subsection (b). (2) Additional notification In addition to the notification required under paragraph (1), the controlling authority of the donor public water supply shall provide to the controlling authority of the recipient public water supply a notification described in that paragraph if the controlling authority of the donor public water supply discovers a new prohibited species in the donor public water supply. (d) Costs of mitigation measures The costs of the mitigation measures described in subparagraph (C) of subsection (b)(1) for water subject to a covered water transfer described in that subsection shall be borne by the entity that sells the water for financial gain.

Public Water Supply Invasive Species Compliance Act of 2023

Veterans Border Patrol Training Act This bill requires the Department of Homeland Security (DHS) to collaborate with the Department of Defense (DOD) and Department of Veterans Affairs to establish an interdepartmental pilot program for five years. Under the program, DHS must use the DOD SkillBridge Program to train and hire transitioning servicemembers as border patrol agents for U.S. Customs and Border Protection.

118 S774 IS: Veterans Border Patrol Training Act U.S. Senate 2023-03-09 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 118th CONGRESS 1st Session S. 774 IN THE SENATE OF THE UNITED STATES March 9, 2023 Mr. Tester Mr. Lankford Committee on Veterans' Affairs A BILL To direct the Secretary of Homeland Security to establish a pilot program to hire transitioning servicemembers to be Border Patrol agents. 1. Short title This Act may be cited as the Veterans Border Patrol Training Act 2. Border Patrol Skillbridge Pilot Program (a) Establishment Not later than 180 days after the date of the enactment of this Act, the Secretary of Homeland Security, in collaboration with the Secretary of Defense and the Secretary of Veterans Affairs, shall establish an interdepartmental pilot program through which the Department of Homeland Security shall use the Department of Defense SkillBridge Program to train and hire transitioning servicemembers as Border Patrol agents for U.S. Customs and Border Protection. (b) Employment skills training In carrying out the pilot program established pursuant to subsection (a), the Secretary of Homeland Security, in collaboration with the Secretary of Defense, shall use the authorities available under section 1143 of title 10, United States Code, to train and facilitate the transition of members of the armed forces to service as Border Patrol agents. 3. Annual reports Not later than 1 year after the pilot program is established pursuant to section 2(a), and annually thereafter until the date referred to in section 4, the Secretary of Homeland Security, in consultation with the Secretary of Defense and the Secretary of Veterans Affairs, shall submit a report to the Committee on Homeland Security and Governmental Affairs of the Senate Committee on Armed Services of the Senate Committee on Veterans' Affairs of the Senate Committee on Homeland Security of the House of Representatives Committee on Armed Services of the House of Representatives Committee on Veterans’ Affairs of the House of Representatives (1) the number of participants in the pilot program; (2) the number of eligible participants who applied to be part of the pilot program; and (3) the number of pilot program participants who are— (A) members the Armed Forces; (B) reserve members of the Armed Forces; (C) commissioned officers or non-commissioned officers; (D) enlisted members of the Armed Forces; (E) veterans; (F) spouses of such members of the Armed Forces or veterans; and (G) dependents of such members of the Armed Forces or veterans. 4. Sunset date The pilot program established pursuant to section 2 shall be terminated on the date that is 5 years after the date on which such program is established.

Veterans Border Patrol Training Act

Child Interstate Abortion Notification Act of 2023 This bill creates new federal crimes related to transporting a minor across state lines for an abortion. Specifically, the bill makes it a crime to knowingly transport a minor across a state line to obtain an abortion without satisfying the requirements of a parental involvement law in the minor's resident state. A parental involvement law requires parental consent or notification, or judicial authorization, for a minor to obtain an abortion. The bill prohibits an individual who has committed incest with a minor from knowingly transporting the minor across a state line to receive an abortion. Finally, the bill makes it a crime for a physician to knowingly perform or induce an abortion on an out-of-state minor without first notifying the minor's parent.

118 S78 IS: Child Interstate Abortion Notification Act of 2023 U.S. Senate 2023-01-25 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 118th CONGRESS 1st Session S. 78 IN THE SENATE OF THE UNITED STATES January 25, 2023 Mr. Rubio Mrs. Hyde-Smith Mr. Risch Mr. Lankford Mr. Thune Mr. Cruz Mr. Scott of South Carolina Mr. Cramer Mr. Braun Mr. Hawley Mr. Kennedy Mrs. Fischer Mr. Cassidy Mr. Marshall Committee on the Judiciary A BILL To amend title 18, United States Code, to prohibit taking minors across State lines in circumvention of laws requiring the involvement of parents in abortion decisions. 1. Short title This Act may be cited as the Child Interstate Abortion Notification Act of 2023 2. Transportation of minors in circumvention of certain laws relating to abortion Part I of title 18, United States Code, is amended by inserting after chapter 117 the following: 117A TRANSPORTATION OF MINORS IN CIRCUMVENTION OF CERTAIN LAWS RELATING TO ABORTION Sec. 2431. Transportation of minors in circumvention of certain laws relating to abortion. 2432. Transportation of minors in circumvention of certain laws relating to abortion and incest. 2431. Transportation of minors in circumvention of certain laws relating to abortion (a) Offense (1) Generally Except as provided in subsection (b), whoever knowingly transports a minor across a State line, with the intent that the minor obtain an abortion, and thereby in fact abridges the right of a parent of the minor under a law requiring parental involvement in a minor’s abortion decision, in force in the State in which the minor resides, shall be fined under this title or imprisoned not more than 1 year, or both. (2) Definition For the purposes of this subsection, an abridgement of the right of a parent of a minor occurs if an abortion is performed or induced on the minor, in a State other than the State in which the minor resides or in a foreign country, without the parental consent or notification, or the judicial authorization, that would have been required under a law requiring parental involvement in a minor’s abortion decision had the abortion been performed in the State in which the minor resides. (b) Exceptions (1) Life-endangering conditions The prohibition under subsection (a) shall not apply if the abortion is necessary to save the life of the minor because her life is endangered by a physical disorder, physical injury, or physical illness, including a life endangering physical condition caused by or arising from the pregnancy itself. (2) Minors and parents A minor transported in violation of this section, and any parent of that minor, may not be prosecuted or sued for a violation of this section, a conspiracy to violate this section, or an offense under section 2 or 3 of this title based on a violation of this section. (c) Affirmative Defense It is an affirmative defense to a prosecution for an offense, or to a civil action, based on a violation of this section that the defendant— (1) reasonably believed, based on information the defendant obtained directly from a parent of the minor, that before the minor obtained the abortion, the parental consent or notification took place that would have been required under the law requiring parental involvement in a minor’s abortion decision, had the abortion been performed in the State in which the minor resides; or (2) was presented with documentation showing with a reasonable degree of certainty that a court in the minor’s State of residence waived any parental notification required by the laws of that State, or otherwise authorized that the minor be allowed to procure an abortion. (d) Civil Action Any parent who suffers harm from a violation of subsection (a) may obtain appropriate relief in a civil action unless the parent has committed an act of incest with the minor described in subsection (a). (e) Definitions For the purposes of this section— (1) the term abortion (A) kill the unborn child of a woman known to be pregnant; or (B) prematurely terminate the pregnancy of a woman known to be pregnant, with an intention other than to— (i) increase the probability of a live birth or of preserving the life or health of the child after live birth; or (ii) remove a dead unborn child; (2) the term law requiring parental involvement in a minor’s abortion decision (A) requiring, before an abortion is performed on a minor, either— (i) the notification to, or consent of, a parent of that minor; or (ii) proceedings in a State court; and (B) that does not provide as an alternative to the requirements described in subparagraph (A) notification to or consent of any person or entity not described in that subparagraph; (3) the term minor (4) the term parent (A) a parent or guardian; (B) a legal custodian; or (C) an individual standing in loco parentis— (i) who has care and control of the minor; (ii) with whom the minor regularly resides; and (iii) who is designated by the law requiring parental involvement in the minor’s abortion decision as an individual to whom notification, or from whom consent, is required; and (5) the term State (A) the District of Columbia; (B) any commonwealth, possession, or other territory of the United States; and (C) any Indian Tribe or reservation. 2432. Transportation of minors in circumvention of certain laws relating to abortion and incest (a) Offense Notwithstanding section 2431(b)(2), whoever has committed an act of incest with a minor and knowingly transports the minor across a State line with the intent that the minor obtain an abortion, shall be fined under this title or imprisoned not more than 1 year, or both. (b) Definitions For the purposes of this section, the terms abortion minor State . 3. Child interstate abortion notification Part I of title 18, United States Code, is amended by inserting after chapter 117A (as added by section 2) the following: 117B CHILD INTERSTATE ABORTION NOTIFICATION Sec. 2435. Child interstate abortion notification. 2435. Child interstate abortion notification (a) Offense (1) Generally A physician who knowingly performs or induces an abortion on a minor in violation of the requirements of this section shall be fined under this title or imprisoned not more than 1 year, or both. (2) Parental notification (A) Actual notice A physician who performs or induces an abortion on a minor who is a resident of a State other than the State in which the abortion is performed or induced shall provide, or cause his or her agent to provide, not less than 24 hours actual notice to a parent of the minor before performing or inducing the abortion. (B) Constructive notice If actual notice to a parent under subparagraph (A) is not accomplished after a reasonable effort has been made, not less than 24 hours constructive notice shall be given to a parent of the minor before the abortion is performed or induced. (b) Exceptions The notification requirement under subsection (a)(2) shall not apply if— (1) the abortion is performed or induced in a State that has in force a law requiring parental involvement in a minor’s abortion decision and the physician complies with the requirements of that law; (2) the physician is presented with documentation showing with a reasonable degree of certainty that a court in the minor’s State of residence has waived any parental notification required by the laws of that State, or has otherwise authorized that the minor be allowed to procure an abortion; (3) the minor declares in a signed written statement that she is the victim of sexual abuse, neglect, or physical abuse by a parent, and, before an abortion is performed on the minor, the physician notifies the authorities specified to receive reports of child abuse or neglect by the law of the State in which the minor resides of the known or suspected abuse or neglect; (4) the abortion is necessary to save the life of the minor because her life was endangered by a physical disorder, physical injury, or physical illness, including a life endangering physical condition caused by or arising from the pregnancy itself, except that an exception under this paragraph shall not apply unless the attending physician or an agent of such physician, not later than 24 hours after completion of the abortion, notifies a parent of the minor in writing that an abortion was performed on the minor and of the circumstances that warranted invocation of this paragraph; or (5) the minor is physically accompanied by a person who presents the physician or his or her agent with documentation showing with a reasonable degree of certainty that he or she is in fact the parent of that minor. (c) Civil action Any parent who suffers harm from a violation of subsection (a) may obtain appropriate relief in a civil action unless the parent has committed an act of incest with the minor described in subsection (a). (d) Definitions For the purposes of this section— (1) the term abortion (A) kill the unborn child of a woman known to be pregnant; or (B) prematurely terminate the pregnancy of a woman known to be pregnant, with an intention other than to— (i) increase the probability of a live birth or of preserving the life or health of the child after live birth; or (ii) remove a dead unborn child; (2) the term actual notice (3) the term constructive notice (4) the term law requiring parental involvement in a minor’s abortion decision (A) requiring, before an abortion is performed on a minor, either— (i) the notification to, or consent of, a parent of that minor; or (ii) proceedings in a State court; and (B) that does not provide as an alternative to the requirements described in subparagraph (A) notification to or consent of any person or entity not described in that subparagraph; (5) the term minor (A) has not attained the age of 18 years; and (B) is not emancipated under the law of the State in which the individual resides; (6) the term parent (A) a parent or guardian; (B) a legal custodian; or (C) an individual standing in loco parentis— (i) who has care and control of the minor; and (ii) with whom the minor regularly resides, as determined by State law; (7) the term physician (A) a doctor of medicine legally authorized to practice medicine by the State in which the doctor practices medicine; or (B) any other person legally empowered under State law to perform an abortion; and (8) the term State (A) the District of Columbia; (B) any commonwealth, possession, or other territory of the United States; and (C) any Indian Tribe or reservation. . 4. Clerical amendment The table of chapters at the beginning of part I of title 18, United States Code, is amended by inserting after the item relating to chapter 117 the following new items: 117A. Transportation of minors in circumvention of certain laws relating to abortion 2431 117B. Child interstate abortion notification 2435 . 5. Severability and effective date (a) Severability The provisions of this Act shall be severable. If any provision of this Act, or any application thereof, is found unconstitutional, that finding shall not affect any provision or application of the Act not so adjudicated. (b) Effective date This Act and the amendments made by this Act shall take effect 45 days after the date of enactment of this Act.

Child Interstate Abortion Notification Act of 2023

Duplication Scoring Act of 2023 This bill requires the Government Accountability Office to analyze legislation reported by a congressional committee and report on whether the legislation would create a risk of a new duplicative or overlapping program, office, or initiative in an area previously identified as an area of duplication, overlap, or fragmentation.

118 S780 IS: Duplication Scoring Act of 2023 U.S. Senate 2023-03-14 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 118th CONGRESS 1st Session S. 780 IN THE SENATE OF THE UNITED STATES March 14, 2023 Mr. Paul Ms. Hassan Committee on Homeland Security and Governmental Affairs A BILL To require the Comptroller General of the United States to analyze certain legislation in order to prevent duplication of and overlap with existing Federal programs, offices, and initiatives. 1. Short title This Act may be cited as the Duplication Scoring Act of 2023 2. Assessments of reported bills by GAO Section 719 of title 31, United States Code, is amended by adding at the end the following: (i) (1) In this subsection— (A) the term covered bill or joint resolution (B) the term Director (C) the term existing duplicative or overlapping feature (D) the term GAO duplication and overlap report Joint Resolution increasing the statutory limit on the public debt 31 U.S.C. 712 (E) the term new duplicative or overlapping feature (2) For each covered bill or joint resolution— (A) the Comptroller General shall, to the extent practicable— (i) determine the extent to which the covered bill or joint resolution creates a risk of a new duplicative or overlapping feature and, if the risk so warrants, identify— (I) the name of the new Federal program, office, or initiative; (II) the section of the covered bill or joint resolution at which the new duplicative or overlapping feature is established; and (III) the GAO duplication and overlap report in which the existing duplicative or overlapping feature is identified; and (ii) submit the information described in clause (i) to the Director and the committee that reported the covered bill or joint resolution; and (iii) publish the information prepared under clause (i) on the website of the Government Accountability Office; and (B) subject to paragraph (3), the Director may include the information submitted by the Comptroller General under subparagraph (A)(ii) as a supplement to the estimate for the covered bill or joint resolution to which the information pertains submitted by the Director under section 402 of the Congressional Budget Act of 1974 ( 2 U.S.C. 653 (3) If the Comptroller General has not submitted to the Director the information for a covered bill or joint resolution under paragraph (2)(A)(ii) on the date on which the Director submits the estimate for the covered bill or joint resolution to which the information pertains under section 402 of the Congressional Budget Act of 1974 ( 2 U.S.C. 653 . 3. Effective date The amendment made by this Act shall take effect on the earlier of— (1) the date that is 60 days after the date on which the Director of the Office of Management and Budget next, in accordance with section 1122(a) of title 31, United States Code, updates the information made available on the website required under that section; or (2) the date on which a new Congress begins after the date that is 1 year after the date of enactment of this Act.

Duplication Scoring Act of 2023

Consumer and Fuel Retailer Choice Act of 2023 This bill amends the Clean Air Act to address the limitations on Reid Vapor Pressure (a measure of gasoline's volatility) that are placed on gasoline during the summer ozone season. Specifically, the bill applies the waiver for Reid Vapor Pressure requirements that are applicable to gasoline blended with 10% ethanol (E10) to gasoline blended with more than 10% ethanol. This change allows gasoline that is blended with more than 10% ethanol to be sold year round.

118 S785 IS: Consumer and Fuel Retailer Choice Act of 2023 U.S. Senate 2023-03-14 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 118th CONGRESS 1st Session S. 785 IN THE SENATE OF THE UNITED STATES March 14, 2023 Mrs. Fischer Ms. Klobuchar Mr. Thune Mr. Ricketts Ms. Baldwin Mr. Grassley Ms. Smith Mr. Cramer Ms. Stabenow Mr. Rounds Ms. Duckworth Mr. Moran Mr. Durbin Mr. Marshall Mr. Brown Ms. Ernst Mr. Hoeven Committee on Environment and Public Works A BILL To amend the Clean Air Act with respect to the ethanol waiver for Reid Vapor Pressure under that Act, and for other purposes. 1. Short title This Act may be cited as the Consumer and Fuel Retailer Choice Act of 2023 2. Ethanol waiver (a) Existing waivers Section 211(f)(4) of the Clean Air Act ( 42 U.S.C. 7545(f)(4) (1) by striking (4) The Administrator, upon (4) Waivers (A) In general The Administrator, on ; (2) in subparagraph (A) (as so designated)— (A) in the first sentence— (i) by striking of this subsection (ii) by striking if he determines if the Administrator determines (B) in the second sentence— (i) by striking such an application an application described in subparagraph (A) (ii) by striking The Administrator (B) Final action The Administrator ; and (3) by adding at the end the following: (C) Reid vapor pressure A fuel or fuel additive may be introduced into commerce if— (i) (I) the Administrator determines that the fuel or fuel additive is substantially similar to a fuel or fuel additive utilized in the certification of any model year vehicle pursuant to paragraph (1)(A); or (II) the fuel or fuel additive has been granted a waiver under subparagraph (A) and meets all of the conditions of that waiver other than any limitation of the waiver with respect to the Reid Vapor Pressure of the fuel or fuel additive; and (ii) the fuel or fuel additive meets all other applicable Reid Vapor Pressure requirements under subsection (h). . (b) Reid vapor pressure limitation Section 211(h) of the Clean Air Act ( 42 U.S.C. 7545(h) (1) by striking vapor pressure Vapor Pressure (2) in paragraph (4), in the matter preceding subparagraph (A), by inserting or more 10 percent (3) in paragraph (5)(A)— (A) by striking Upon notification, accompanied by On receipt of a notification that is submitted before January 1, 2022, or after the date of enactment of the Consumer and Fuel Retailer Choice Act of 2023 (B) by inserting or more 10 percent

Consumer and Fuel Retailer Choice Act of 2023

Airline Operational Resiliency Act of 2023 This bill requires the Government Accountability Office (GAO) to study and report on air carriers' operational preparedness for changing weather and other events related to changing conditions and natural hazards (e.g., flooding, extreme heat, storms, and fire conditions). GAO must also make recommendations for any related legislative and administrative action. As part of the study, GAO must assess the extent to which air carriers are preparing for weather events and natural disasters, as well as changing conditions, that may have an impact on air carriers' operational investments, staffing levels and safety policies, and mitigation strategies; how the Federal Aviation Administration oversees air carriers' operational resilience to these types of events; and steps the federal government and air carriers can take to improve their operational resilience.

118 S787 IS: Airline Operational Resiliency Act of 2023 U.S. Senate 2023-03-14 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 118th CONGRESS 1st Session S. 787 IN THE SENATE OF THE UNITED STATES March 14, 2023 Mr. Markey Mrs. Capito Mr. Welch Mrs. Fischer Committee on Commerce, Science, and Transportation A BILL To require the Comptroller General of the United States to study and report on the operational preparedness of air carriers for preparing for changing weather and other events related to changing conditions and natural hazards. 1. Short title This Act may be cited as the Airline Operational Resiliency Act of 2023 2. GAO study and report on the operational preparedness of air carriers for preparing for changing weather and other events related to changing conditions and natural hazards (a) Study (1) In general The Comptroller General shall study and assess the operational preparedness of air carriers for preparing for changing weather and other events related to changing conditions and natural hazards, including flooding, extreme heat, changes in precipitation, storms, including winter storms, coastal storms, tropical storms, and hurricanes, and fire conditions. (2) Requirements As part of the study required by paragraph (1), the Comptroller General shall assess the following: (A) The extent to which air carriers are preparing for weather events and natural disasters, as well as changing conditions and natural hazards, that may impact air carriers’ operational investments, staffing levels and safety policies, mitigation strategies, and other resiliency planning. (B) How the Federal Aviation Administration oversees air carriers’ operational resilience to storms and natural disasters, as well as changing conditions. (C) Steps the Federal Government and air carriers can take to improve their operational resilience to storms and natural disasters, as well as changing conditions. (b) Briefing and report (1) Briefing Not later than 1 year after the date of enactment of this section, the Comptroller General shall brief the appropriate committees of Congress on the study required by subsection (a), together with recommendations for such legislation and administrative action as the Comptroller General determines appropriate. (2) Report Not later than 6 months after the briefing required by paragraph (1) is provided, the Comptroller General shall submit a report to the appropriate committees of Congress on the study required by subsection (a), together with recommendations for such legislation and administrative action as the Comptroller General determines appropriate. (c) Definitions In this section: (1) Air carrier The term air carrier (2) Appropriate committees of congress The term appropriate committees of Congress (3) Comptroller General The term Comptroller General

Airline Operational Resiliency Act of 2023

Duck Stamp Modernization Act of 2023 This act modifies provisions regarding the Migratory Bird Hunting and Conservation Stamp, commonly referred to as the duck stamp, including to allow an individual to be carrying an electronic stamp, rather than a paper stamp, at the time of taking waterfowl. The act requires states to issue electronic stamps at the time of purchase and the Department of the Interior to issue a paper stamp after March 10 each year to each individual who purchased an electronic stamp for the preceding waterfowl season. The electronic stamps are valid through the first June 30 after issuance.

S788 ENR: Duck Stamp Modernization Act of 2023 U.S. Senate text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. One Hundred Eighteenth Congress of the United States of America 1st Session Begun and held at the City of Washington on Tuesday, the third day of January, two thousand and twenty three S. 788 IN THE SENATE OF THE UNITED STATES AN ACT To amend the Permanent Electronic Duck Stamp Act of 2013 to allow States to issue fully electronic stamps under that Act, and for other purposes. 1. Short title This Act may be cited as the Duck Stamp Modernization Act of 2023 2. Authorizing fully electronic stamps (a) In general Section 5 of the Permanent Electronic Duck Stamp Act of 2013 ( 16 U.S.C. 718r (1) in subsection (a)— (A) in the subsection heading, by striking actual stamp electronic stamp (B) in the matter preceding paragraph (1), by striking an actual stamp the electronic stamp (C) by striking paragraph (1) and inserting the following: (1) on the date of purchase of the electronic stamp; and ; (2) in subsection (c), by striking actual stamps actual stamps under subsection (e) (3) by redesignating subsection (e) as subsection (f); and (4) by inserting after subsection (d) the following: (e) Delivery of actual stamps The Secretary shall issue an actual stamp after March 10 of each year to each individual that purchased an electronic stamp for the preceding waterfowl season. . (b) Contents of electronic stamp Section 2 of the Permanent Electronic Duck Stamp Act of 2013 ( 16 U.S.C. 718o (1) in paragraph (1), by striking Federal that is printed Migratory Bird Hunting and Conservation Stamp required under the Migratory Bird Hunting and Conservation Stamp Act ( 16 U.S.C. 718a et seq. (2) in paragraph (3)— (A) in subparagraph (D), by striking and (B) in subparagraph (E), by striking the period at the end and inserting ; and (C) by adding at the end the following: (F) may contain an image of the actual stamp. . (c) Stamp valid through close of hunting season Section 6 of the Permanent Electronic Duck Stamp Act of 2013 ( 16 U.S.C. 718s (1) in subsection (b), in the matter preceding paragraph (1), by striking shall, during the effective period of the electronic stamp— shall— (2) in subsection (c), by striking for a period agreed to by the State and the Secretary, which shall not exceed 45 days through the first June 30 that occurs after the date of issuance of the electronic stamp by the State (d) Electronic stamps as permit Section 1(a)(1) of the Migratory Bird Hunting and Conservation Stamp Act ( 16 U.S.C. 718a(a)(1) (1) by inserting as an electronic stamp (as defined in section 2 of the Permanent Electronic Duck Stamp Act of 2013 ( 16 U.S.C. 718o Conservation Stamp, (2) by striking face of the stamp face of the actual stamp (as defined in that section) Speaker of the House of Representatives Vice President of the United States and President of the Senate

Duck Stamp Modernization Act of 2023

United States Foreign Service Commemorative Coin Act This bill directs the Department of the Treasury to mint and issue not more than 50,000 $5 gold coins, 400,000 $1 silver coins, and 750,000 half-dollar clad coins in recognition of the 100th anniversary of the United States Foreign Service. All surcharges received by Treasury from the sale of such coins must be paid to the Association for Diplomatic Studies and Training to support the collection, curation, and sharing of diplomatic history in the United States via oral history, books, social media, and other means.

118 S789 IS: United States Foreign Service Commemorative Coin Act U.S. Senate 2023-03-14 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 118th CONGRESS 1st Session S. 789 IN THE SENATE OF THE UNITED STATES March 14, 2023 Mr. Van Hollen Mr. Sullivan Committee on Banking, Housing, and Urban Affairs A BILL To require the Secretary of the Treasury to mint a coin in recognition of the 100th anniversary of the United States Foreign Service and its contribution to United States diplomacy. 1. Short title This Act may be cited as the United States Foreign Service Commemorative Coin Act 2. Findings Congress finds the following: (1) On September 15, 1789, the 1st United States Congress passed an Act creating the Department of State and appointing duties to it, including the keeping of the Great Seal of the United States. Initially there were 2 services devoted to diplomatic and to consular activity. The Diplomatic Service provided ambassadors and staff for embassies overseas, while the Consular Service provided consuls to assist United States sailors and promote international trade and commerce. (2) After World War I ended, Congress complemented the earlier efforts for Civil Service reform, interrupted by World War I, to create a career, professional diplomatic service. Representative John Jacob Rogers of Massachusetts introduced his first Foreign Service reform bill in 1919, followed by several others. He was strongly supported in his efforts by Secretary of State Charles Evans Hughes. The legislation provided improvements in the Diplomatic and Consular Services to attract highly qualified candidates by keen competition a real diplomatic career, open to any American citizen who has the necessary qualifications (3) The Act entitled An Act for the reorganization and improvement of the Foreign Service of the United States, and for other purposes Rogers Act of 1924 Foreign Service of the United States of America (4) The Foreign Service of the United States is the primary United States Federal Government professional cadre of generalists and specialists charged with the conduct of United States diplomacy under the aegis of the United States Department of State. It consists of more than 15,000 career professionals carrying out the foreign policy of the United States and aiding United States citizens abroad. (5) In 1946, after World War II, Congress passed the Foreign Service Act of 1946 (60 Stat. 999, chapter 957) to update the 1924 Rogers Act. (6) In 1980, the Congress again updated the Rogers Act, passing the Foreign Service Act of 1980 ( 22 U.S.C. 3901 et seq. (7) Since the creation of the United States Foreign Service, generations of Foreign Service members and families have represented the United States around the world, in peace and war. Over 320 names are inscribed in the memorial plaques erected by the American Foreign Service Association and located in the lobby of the Harry S. Truman Building, the headquarters of the Department of State, to honor diplomatic and consular officers of the United States who while on active duty lost their lives under heroic or tragic circumstances (8) The Association for Diplomatic Studies and Training is dedicated to capturing, preserving, and sharing the experiences of United States diplomats. The Association has created, managed, and maintained a Foreign Affairs Oral History program consisting of more than 2,600 first-person oral histories of United States diplomats to capture and share the legacy and contributions of modern United States diplomacy. The Association is a nongovernmental, member-based, nonprofit 501(c)(3) organization housed on the campus of the George P. Shultz National Foreign Affairs Training Center and dependent on funds from members, donations, contracts, and grants to sustain its work. 3. Coin specifications (a) Denominations In celebration of diplomacy and in recognition of the 100th anniversary of the United States Foreign Service, the Secretary of the Treasury (hereafter in this Act referred to as the Secretary (1) $5 gold coins Not more than 50,000 $5 coins, which shall— (A) weigh 8.359 grams; (B) have a diameter of 0.850 inches; and (C) contain not less than 90 percent gold. (2) $1 silver coins Not more than 400,000 $1 coins, which shall— (A) weigh 26.73 grams; (B) have a diameter of 1.500 inches; and (C) contain not less than 90 percent silver. (3) Half-dollar clad coins Not more than 750,000 half-dollar coins which shall— (A) weigh 11.34 grams; (B) have a diameter of 1.205 inches; and (C) be minted to the specifications for half-dollar coins contained in section 5112(b) of title 31, United States Code. (b) Legal tender The coins minted under this Act shall be legal tender, as provided in section 5103 of title 31, United States Code. (c) Numismatic items For purposes of sections 5134 and 5136 of title 31, United States Code, all coins minted under this Act shall be considered to be numismatic items. 4. Designs of coins (a) Design requirements (1) In general The designs of the coins minted under this Act shall be emblematic of the importance of diplomacy to the national interest of the United States and of the creation of the United States Foreign Service and its contributions to modern diplomacy in the United States. (2) Designations and inscriptions On each coin minted under this Act there shall be— (A) a designation of the value of the coin; (B) an inscription of the year 2025 (C) inscriptions of the words Liberty In God We Trust United States of America E Pluribus Unum (b) Selection The designs for the coins minted under this Act shall be— (1) selected by the Secretary, after consultation with the Association for Diplomatic Studies and Training and the Commission of Fine Arts; and (2) reviewed by the Citizens Coinage Advisory Committee. 5. Issuance of coins (a) Quality of coins Coins minted under this Act shall be issued in uncirculated and proof qualities. (b) Period for issuance The Secretary may issue coins minted under this Act only during the 1-year period beginning on January 1, 2025. 6. Sale of coins (a) Sale price The coins issued under this Act shall be sold by the Secretary at a price equal to the sum of— (1) the face value of the coins; (2) the surcharge provided in section 7(a) with respect to such coins; and (3) the cost of designing and issuing the coins (including labor, materials, dies, use of machinery, overhead expenses, marketing, and shipping). (b) Bulk sales The Secretary shall make bulk sales of the coins issued under this Act at a reasonable discount. (c) Prepaid orders (1) In general The Secretary shall accept prepaid orders for the coins minted under this Act before the issuance of such coins. (2) Discount Sale prices with respect to prepaid orders under paragraph (1) shall be at a reasonable discount. 7. Surcharges (a) In general All sales of coins issued under this Act shall include a surcharge of— (1) $35 per coin for the $5 coins; (2) $10 per coin for the $1 coins; and (3) $5 for the half dollar coins. (b) Distribution Subject to section 5134(f) of title 31, United States Code, all surcharges received by the Secretary from the sale of coins issued under this Act shall be promptly paid by the Secretary to the Association for Diplomatic Studies and Training to support the collection, curation, and sharing of diplomatic history in the United States via oral history, books, social media, and other means. (c) Audits The Association for Diplomatic Studies and Training shall be subject to the audit requirements of section 5134(f)(2) of title 31, United States Code, with regard to the amounts received under subsection (b). (d) Limitation Notwithstanding subsection (a), no surcharge may be included with respect to the issuance under this Act of any coin during a calendar year if, as of the time of such issuance, the issuance of such coin would result in the number of commemorative coin programs issued during such year to exceed the annual 2 commemorative coin program issuance limitation under section 5112(m)(1) of title 31, United States Code (as in effect on the date of the enactment of this Act). The Secretary may issue guidance to carry out this subsection. 8. Financial assurances The Secretary shall take such actions as may be necessary to ensure that— (1) minting and issuing coins under this Act will not result in any net cost to the United States Government; and (2) no funds, including applicable surcharges, are disbursed to the recipient designated in section 7 until the total cost of designing and issuing all of the coins authorized by this Act (including labor, materials, dies, use of machinery, overhead expenses, marketing, and shipping) is recovered by the United States Treasury, consistent with sections 5112(m) and 5134(f) of title 31, United States Code.

United States Foreign Service Commemorative Coin Act

Interagency Patent Coordination and Improvement Act of 2023 This bill establishes the Interagency Task Force on Patents to support coordination and communication between the U.S. Patent and Trademark Office (PTO) and the Food and Drug Administration (FDA) on activities relating to patents for human drugs and biological products. The task force's duties shall include sharing information about (1) the processes of each agency, including how each agency evaluates applications (e.g., patent applications at the PTO and new drug applications at the FDA); and (2) new approvals of patents, human drugs, biological products, and new technologies. The task force must also establish a process that requires (1) the PTO to request from the FDA information relating to certain patent applications to help patent examiners carry out their duties, (2) the FDA to provide such information to the PTO, and (3) the PTO to assist the FDA in its ministerial role of listing patents.

118 S79 IS: Interagency Patent Coordination and Improvement Act of 2023 U.S. Senate 2023-01-25 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 118th CONGRESS 1st Session S. 79 IN THE SENATE OF THE UNITED STATES January 25, 2023 Mr. Durbin Mr. Tillis Mr. Grassley Mr. Coons Committee on the Judiciary A BILL To amend title 35, United States Code, to establish an interagency task force between the United States Patent and Trademark Office and the Food and Drug Administration for purposes of sharing information and providing technical assistance with respect to patents, and for other purposes. 1. Short title This Act may be cited as the “ Interagency Patent Coordination and Improvement Act of 2023 2. Findings Congress finds the following: (1) Decisions by the United States Patent and Trademark Office relating to patents may implicate, or have relevance to, information housed at or involving other Federal agencies. (2) Entities submitting patent applications to the United States Patent and Trademark Office may also submit information to, or share information with, other Federal agencies, necessitating accuracy and consistency in those representations. (3) Research has shown that patent examiners may benefit from additional information that is housed at, or is available to, Federal agencies other than the United States Patent and Trademark Office in order to assess prior art and the state of science and technology. (4) The Under Secretary of Commerce for Intellectual Property and Director of the United States Patent and Trademark Office is encouraged to work with other Federal agencies. 3. Report by United States Patent and Trademark Office Not later than 4 years after the date of enactment of this Act, the Under Secretary of Commerce for Intellectual Property and Director of the United States Patent and Trademark Office shall submit to the Committee on the Judiciary of the Senate and the Committee on the Judiciary of the House of Representatives a report that contains— (1) a description of the frequency with which— (A) information is provided by the Food and Drug Administration to the United States Patent and Trademark Office through the Interagency Task Force on Patents established under section 15 of title 35, United States Code, as added by section 4(a) of this Act, or under processes established by that Task Force; and (B) the information described in subparagraph (A) is used in patent examinations; (2) an identification of which methods of providing information, as described in paragraph (1)(A), and types of information so shared, are most useful to patent examiners; (3) any recommendations for changes to be made by Congress to the mandate, funding, or operations of the Task Force described in paragraph (1)(A); and (4) an identification of other Federal agencies with which the Under Secretary of Commerce for Intellectual Property and Director of the United States Patent and Trademark Office should explore opportunities for coordination that are similar to those undertaken with the Food and Drug Administration through the activities of the Task Force described in paragraph (1)(A). 4. Interagency Task Force on Patents (a) In general Chapter 1 (1) in section 2(c), by adding at the end the following: (6) (A) In exercising the Director’s powers and duties under this section relating to patents, and decisions or actions involving patents, for human drugs and biological products, the Director shall, through the Interagency Task Force on Patents established under section 15, consult with the Commissioner of Food and Drugs in the manner described in that section. (B) For purposes of subparagraph (A), the term decisions or actions involving patents ; and (2) by adding at the end the following: 15. Interagency Task Force on Patents (a) Establishment There is established an interagency task force, to be known as the Interagency Task Force on Patents (referred to in this section as the task force Commissioner (b) Memorandum of understanding The Director and the Commissioner shall enter into a memorandum of understanding, or update an existing memorandum of understanding, for the purposes of implementing and carrying out the duties of the task force. (c) Membership The task force shall be comprised of employees of the Office, who shall be appointed by the Director, and employees of the Food and Drug Administration, who shall be appointed by the Commissioner, who have appropriate expertise and decision-making authority regarding operational, administrative, technical, medical, pharmacological, clinical, and scientific matters to carry out the functions of the task force. (d) Activities The task force shall carry out the following functions regarding interagency coordination to promote reciprocal access of information: (1) Sharing information on the general processes of the Office and the Food and Drug Administration, what each such agency considers in its respective review of applications, and how each such agency evaluates those applications, which may be undertaken through routine and ongoing meetings, workshops, and training sessions. (2) Sharing information on new approvals of patents, human drugs and biological products, new technologies and prior art (as appropriate on a case-by-case basis), and scientific trends and developments. (3) Establishing a process that requires— (A) the Director to request from the Commissioner (and the Commissioner to provide to the Director, upon receiving such a request)— (i) appropriate information for use by employees of the Office with responsibility to examine patent applications under section 131 (referred to in this section as patent examiners (ii) appropriate access for patent examiners to relevant sources of product application, approval, patent, and labeling information or communications between the Food and Drug Administration and the human drug or biological product sponsors that may not currently be subject to public disclosure, as appropriate and only to the extent necessary for the Office to carry out the responsibilities of the Office, such as ensuring accurate representations and access to information on whether the claimed invention that would be the subject of the patent was on sale before the effective filing date of the claimed invention, as described in section 102(a)(1); and (B) the Office to assist the Food and Drug Administration in its ministerial role of listing patents. (4) Establishing a process to ensure that, in appropriate circumstances, at the request of the Director, the Commissioner shall consult with or otherwise furnish specific, available information to the Office with respect to certain applications, responses, or affidavits after rejections in order to assist patent examiners in carrying out the duties of those patent examiners. (e) Rule of construction Nothing in subsection (d)(3)(B) shall be construed as— (1) directing the Office to interfere with, delay, or supersede the ministerial function of the Food and Drug Administration of listing patents; (2) indicating the position of the Office regarding the ability to assert a patent in infringement litigation; or (3) changing the ministerial function of the Food and Drug Administration of listing patents. (f) Confidentiality (1) In general With respect to any record or other information of the Food and Drug Administration or the Office that is confidential, either such agency may share any such information with the other agency in furtherance of the activities described in this section, which shall remain subject to such protections as if the information were held by the Food and Drug Administration. (2) Protocols (A) In general The task force shall establish appropriate protocols to safeguard confidentiality and prevent the inappropriate disclosure of information when sharing information between the Office and the Food and Drug Administration. (B) Contents The protocols established under subparagraph (A) shall provide that— (i) before sharing any information described in paragraph (1), the sponsor of the human drug or biological product to which that information relates shall be provided notice of that sharing by the applicable agency and with a period of 30 days to consult with the agency sharing that information; and (ii) the Director shall, in order to protect against the inadvertent disclosure of information, maintain any information shared with the Director by the Commissioner separate from pending patent applications and establish procedures for the identification of confidential information. (C) Potential remedies In establishing protocols under this paragraph, the task force shall identify appropriate remedies for any potential injury suffered when confidential information is made available, including inadvertently, through the sharing of information described in this subsection. (3) Rule of construction Nothing in this subsection may be construed as superseding any other remedy available for the unauthorized disclosure of confidential information. . (b) Technical and conforming amendment The table of sections for chapter 1 15. Interagency Task Force on Patents. .

Interagency Patent Coordination and Improvement Act of 2023

Compact Impact Fairness Act of 2023 This bill expands the eligibility of citizens of the Freely Associated States lawfully residing in the United States for certain federal public benefits. Currently, citizens of the Freely Associated States (Micronesia, the Marshall Islands, and Palau) may live, study, and work in the United States as nonimmigrants. However, such individuals are generally ineligible for most federal public benefits, with Medicaid being one exception. Under this bill, such individuals may be eligible for certain federal public benefits, such as benefits under the Temporary Assistance for Needy Families program. Furthermore, current law generally bars individuals from receiving federal means-tested public benefits for the five-year period starting from the individual's entry into the United States. Under this bill, citizens of the Freely Associated States living in the United States shall not be subject to this bar.

118 S792 IS: Compact Impact Fairness Act of 2023 U.S. Senate 2023-03-14 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 118th CONGRESS 1st Session S. 792 IN THE SENATE OF THE UNITED STATES March 14, 2023 Ms. Hirono Mr. Boozman Mr. Schatz Committee on Finance A BILL To amend the Personal Responsibility and Work Opportunity Act of 1996 to provide certain Federal public benefits to citizens of the Federated States of Micronesia, the Republic of the Marshall Islands, and the Republic of Palau who are lawfully residing in the United States if they are otherwise qualified, consistent with section 141 of the Compacts of Free Association. 1. Short title This Act may be cited as the Compact Impact Fairness Act of 2023 2. Provision of Federal public benefit eligibility for citizens of Freely Associated States (a) In general Section 402 of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 ( 8 U.S.C. 1612 (1) in subsection (a)(2), by adding at the end the following: (N) Exception for citizens of freely associated states With respect to eligibility for benefits for any specified Federal program, paragraph (1) shall not apply to any individual who lawfully resides in the United States in accordance with section 141 of the Compacts of Free Association between the Government of the United States and the Governments of the Federated States of Micronesia, the Republic of the Marshall Islands, and the Republic of Palau, and who is a citizen of one of those three nations. ; and (2) in subsection (b)(2)(G)— (A) in the subparagraph heading, by striking Medicaid exception for Exception for (B) by striking the designated Federal program defined in paragraph (3)(C) (relating to the Medicaid program) any designated Federal program (b) Exception to 5-Year wait requirement Section 403(b)(3) of such Act ( 8 U.S.C. 1613(b)(3) , but only with respect to the designated Federal program defined in section 402(b)(3)(C) (c) Definition of qualified alien Section 431(b)(8) of such Act ( 8 U.S.C. 1641(b)(8) , but only with respect to the designated Federal program defined in section 402(b)(3)(C) (relating to the Medicaid program)

Compact Impact Fairness Act of 2023

Prevent Interruptions in Physical Therapy Act of 2023 This bill allows a physical therapist to receive payment under Medicare for services provided to the physical therapist's patients by another physical therapist through a qualifying temporary arrangement, regardless of the geographic area or population served. Currently, physical therapists may only receive payment with respect to such arrangements for services provided in medically underserved, rural, or health professional shortage areas.

118 S793 IS: Prevent Interruptions in Physical Therapy Act of 2023 U.S. Senate 2023-03-14 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 118th CONGRESS 1st Session S. 793 IN THE SENATE OF THE UNITED STATES March 14, 2023 Mr. Luján Mr. Thune Ms. Stabenow Mr. Grassley Mrs. Capito Committee on Finance A BILL To amend title XVIII of the Social Security Act to add physical therapists to the list of providers allowed to utilize locum tenens arrangements under Medicare. 1. Short title This Act may be cited as the Prevent Interruptions in Physical Therapy Act of 2023 2. Allowing physical therapists to utilize locum tenens arrangements under Medicare (a) In general The first sentence of section 1842(b)(6) of the Social Security Act ( 42 U.S.C. 1395u(b)(6) , and (J) physicians’ services furnished by physicians. , and (J) in the case of outpatient physical therapy services furnished by physical therapists, subparagraph (D) of this sentence shall apply to such services and therapists in the same manner as such subparagraph applies to physicians’ services furnished by physicians. (b) Effective date The amendment made by subsection (a) shall apply to items and services furnished after the date of the enactment of this Act.

Prevent Interruptions in Physical Therapy Act of 2023

Agricultural Management Assistance Act of 2023 This bill expands and revises the Agricultural Management Assistance (AMA) programs, which help agricultural producers manage financial risk through diversification, marketing, or natural resource conservation practices. (AMA is available in 16 designated states where participation in the Federal Crop Insurance Program is historically low.) Specifically, the bill expands the eligible uses for financial assistance funds for producers to include soil health improvements, the development of sustainable water sources and irrigation, composting, and other conservation practices determined to reduce the risk to a farm of financial loss due to the regional impacts of climate change. The bill also specifies that funds provided to mitigate financial risk through production or marketing diversification may be used for food safety certification. The bill provides additional funding for the program and changes the payment limitation for farmers to $200,000 over five years (currently $50,000 per year). The bill also expands those eligible for assistance under AMA programs to include federal crop insurance providers, in particular providers of Whole-Farm Revenue Protection plans.

118 S795 IS: Agricultural Management Assistance Act of 2023 U.S. Senate 2023-03-14 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 118th CONGRESS 1st Session S. 795 IN THE SENATE OF THE UNITED STATES March 14, 2023 Mr. Murphy Ms. Collins Mr. King Committee on Agriculture, Nutrition, and Forestry A BILL To amend the Federal Crop Insurance Act to improve education and risk management assistance, and for other purposes. 1. Short title This Act may be cited as the Agricultural Management Assistance Act of 2023 2. Education and risk management assistance Section 524 of the Federal Crop Insurance Act ( 7 U.S.C. 1524 (1) in subsection (a)— (A) in paragraph (2)(A), by striking for the purpose of educating agricultural producers and providing technical assistance to agricultural producers for the purpose of educating and providing technical assistance to agricultural producers and approved crop insurance providers, including language translation services as appropriate, (B) in paragraph (3)— (i) in the matter preceding subparagraph (A), by striking education, and outreach education, outreach, and language translation (ii) in subparagraph (E), by striking and (iii) by redesignating subparagraph (F) as subparagraph (G); and (iv) by inserting after subparagraph (E) the following: (F) Federal crop insurance providers, especially with respect to the whole farm diversified risk management insurance plan developed under section 522(c)(7); and ; and (C) in paragraph (4), by striking paragraph (3)(E) paragraph (3) with respect to the entities described in subparagraphs (E) and (F) of that paragraph (2) in subsection (b)— (A) in paragraph (2)— (i) in the matter preceding subparagraph (A), by striking subsection to— subsection— (ii) in each of subparagraphs (A) through (F), by inserting to (iii) in subparagraph (C)— (I) in the matter preceding clause (i), by striking production or marketing diversification or (II) in clause (ii), by inserting areawide integrated (III) in clause (iii), by striking or (IV) by striking clause (iv) and inserting the following: (iv) soil health improvements; (v) development of sustainable water sources and irrigation; (vi) perennial crop establishment, including establishment of agroforestry systems; (vii) integration of livestock; (viii) aerobic composting of crop and livestock waste; or (ix) other conservation practices determined by the Secretary to reduce the risk to a farm of financial loss due to the regional impacts of climate change; ; (iv) by redesignating subparagraphs (D) through (F) as subparagraphs (E) through (G), respectively; (v) by inserting after subparagraph (C) the following: (D) to mitigate financial risk through production or marketing diversification, including through— (i) developing or implementing a plan to create marketing opportunities for the producer, including through value-added processing; (ii) developing or implementing a plan to establish market infrastructure for the producer to support enterprise diversification, including drying and storage facilities for small grains from resource-conserving crop rotations; (iii) organic farming; and (iv) food safety certification; ; and (vi) in subparagraph (G) (as so redesignated), by striking (E) (F) (B) in paragraph (3)— (i) by striking The total amount (A) In general Subject to subparagraph (B), the total amount ; (ii) in subparagraph (A) (as so designated), by striking for any year may not exceed $50,000 for any 5-year period may not exceed $200,000 (iii) by adding at the end the following: (B) Exclusion of other Federal funds Any payments made to a person described in subparagraph (A) for carrying out activities described in paragraph (2) that are not made pursuant to this subsection shall not count for purposes of the payment limitation established under that subparagraph. ; (C) in paragraph (4)— (i) in subparagraph (B)— (I) in clause (i), by striking $10,000,000 $30,000,000 (II) by striking clause (ii); and (III) by striking the subparagraph designation and heading and all that follows through Except as provided in clause (ii), the (B) Funding The ; and (ii) in subparagraph (C)— (I) in clause (ii), by striking to provide to carry out paragraph (2)(D), including providing (II) in clause (iii), by striking (F) (G) (D) by adding at the end the following: (5) Authorization of appropriations In addition to amounts made available under paragraph (4), there is authorized to be appropriated to carry out this section $20,000,000 for fiscal year 2023 and each fiscal year thereafter, to remain available until expended. .

Agricultural Management Assistance Act of 2023

Forest Protection and Wildland Firefighter Safety Act of 2023 This bill waives National Pollutant Discharge Elimination System permit requirements for discharges of fire retardant in connection with fire suppression, control, or prevention activities carried out by a federal land management agency, a state government, a political subdivision of a state, or a tribal government. Federal land management agency is defined as the Forest Service, the National Park Service, the Bureau of Land Management, the U.S. Fish and Wildlife Service, the Bureau of Indian Affairs, and the Federal Emergency Management Agency (FEMA).

118 S796 IS: Forest Protection and Wildland Firefighter Safety Act of 2023 U.S. Senate 2023-03-14 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 118th CONGRESS 1st Session S. 796 IN THE SENATE OF THE UNITED STATES March 14, 2023 Ms. Lummis Mr. Crapo Mr. Risch Mr. Daines Mr. Sullivan Committee on Environment and Public Works A BILL To exempt discharges of fire retardant by Federal land management agencies, State governments, political subdivisions of States, and Tribal governments from the permitting requirements of the National Pollutant Discharge Elimination System, and for other purposes. 1. Short title This Act may be cited as the Forest Protection and Wildland Firefighter Safety Act of 2023 2. Permitting requirements for certain discharges of fire retardant (a) Definition of Federal land management agency In this section, the term Federal land management agency (1) the Forest Service; (2) the National Park Service; (3) the Bureau of Land Management; (4) the United States Fish and Wildlife Service; (5) the Bureau of Indian Affairs; and (6) the Federal Emergency Management Agency. (b) No permitting required Notwithstanding any provision of the Federal Water Pollution Control Act ( 33 U.S.C. 1251 et seq. 33 U.S.C. 1342

Forest Protection and Wildland Firefighter Safety Act of 2023

Land and Water Conservation Fund Water Amendments Act of 2023 This bill authorizes the Department of the Interior to provide financial assistance for water quality improvement projects from amounts made available under the Land and Water Conservation Fund. Interior shall only provide such financial assistance to projects that seek to improve water quality by improving, restoring, or developing natural hydrological systems, such as wetlands or living shorelines. To be eligible for assistance, a state's comprehensive statewide outdoor recreation plan shall identify any body of water within the state for which a water quality control plan has been developed pursuant to the Federal Water Pollution Control Act, and any proposed water quality project to be conducted with respect to such body of water.

118 S798 IS: Land and Water Conservation Fund Water Amendments Act of 2023 U.S. Senate 2023-03-14 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 118th CONGRESS 1st Session S. 798 IN THE SENATE OF THE UNITED STATES March 14, 2023 Mr. Rubio Committee on Energy and Natural Resources A BILL To amend title 54, United States Code, to authorize the Secretary of the Interior to make financial assistance to States under the Land and Water Conservation Fund available for water quality projects, and for other purposes. 1. Short title This Act may be cited as the Land and Water Conservation Fund Water Amendments Act of 2023 2. Financial assistance to States for water quality projects Section 200305 of title 54, United States Code, is amended— (1) in subsection (a), in the second sentence, by inserting and water quality improvement outdoor recreation (2) in subsection (d), by adding at the end the following: (5) Water quality A comprehensive statewide outdoor recreation plan shall identify— (A) any body of water within the boundaries of the State for which a State water quality control plan has been developed pursuant to section 303(d) of the Federal Water Pollution Control Act ( 33 U.S.C. 1313(d) (B) any proposed water quality project (as defined in subsection (e)(4)(A)) to be conducted with respect to a body of water that is identified under subparagraph (A). ; and (3) in subsection (e)— (A) in the heading, by striking and development of basic outdoor recreation facilities , development of basic outdoor recreation facilities, and conduct of water quality projects (B) in paragraph (1), by striking and (3) , (3), and (4) (C) by adding at the end the following: (4) Water quality projects (A) Definition of water quality project In this paragraph, the term water quality project 33 U.S.C. 1313(d) (B) Financial assistance Under paragraph (1), the Secretary may provide financial assistance for the conduct of water quality projects. (C) Non-federal share credit The Secretary may credit toward the non-Federal share required under subsection (c) funds allocated by a State for the conduct of a water quality project. (D) Consultation The Secretary shall consult with the Administrator of the Environmental Protection Agency in carrying out this paragraph. (E) Limitations (i) In general In providing financial assistance to water quality projects under this paragraph, the Secretary shall only provide financial assistance to water quality projects that seek to improve water quality by improving, restoring, or developing natural hydrological systems, such as wetlands, marshes, living shorelines, or any other naturally occurring hydrological features the Secretary determines to be necessary for the purpose of reducing nutrient loads. (ii) No reimbursement Funds made available for a water quality project under this paragraph may not be used to reimburse the cost of any water quality project that has already been completed or is otherwise fully funded. (iii) Effect Nothing in this paragraph— (I) expands the authority of the Federal Government over nonnavigable waters; or (II) authorizes the Secretary to regulate the conduct of water quality projects. .

Land and Water Conservation Fund Water Amendments Act of 2023

Chiropractic Medicare Coverage Modernization Act of 2023 This bill expands Medicare coverage of chiropractic services to include all services provided by chiropractors, rather than only subluxation corrections through manual manipulation of the spine.

118 S799 IS: Chiropractic Medicare Coverage Modernization Act of 2023 U.S. Senate 2023-03-14 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 118th CONGRESS 1st Session S. 799 IN THE SENATE OF THE UNITED STATES March 14, 2023 Mr. Blumenthal Mr. Cramer Ms. Baldwin Mr. Wicker Mr. Tester Mr. Hoeven Mr. Daines Committee on Finance A BILL To amend title XVIII of the Social Security Act to provide Medicare coverage for all physicians’ services furnished by doctors of chiropractic within the scope of their license, and for other purposes. 1. Short title This Act may be cited as the Chiropractic Medicare Coverage Modernization Act of 2023 2. Findings; Statement of purpose (a) Findings Congress finds the following: (1) In 1972, coverage was established under the Medicare program for beneficiaries to receive chiropractic care. (2) Unfortunately, the antiquated statute restricts beneficiaries to one service in a chiropractic clinic and Medicare chiropractic coverage has not kept up with private sector coverage and other federal health delivery systems. (3) Today, due to positive evidence-based outcomes and cost effectiveness of the services provided by doctors of chiropractic, private coverage for chiropractic services has evolved and State licensure for chiropractors has advanced to meet patient needs and health outcomes. (4) This Act would bring Medicare chiropractic coverage more in line with that provided with the Department of Veterans Affairs, Department of Defense, the Federal Employee Health Benefits Program, and private health insurance coverage. (b) Purpose It is the purpose of this Act to expand recognition and coverage of a doctor of chiropractic as a physician manual manipulation of the spine to correct a subluxation 3. Providing Medicare coverage for all physicians’ services furnished by doctors of chiropractic within the scope of their license (a) In general Section 1861(r)(5) of the Social Security Act ( 42 U.S.C. 1395x(r)(5) a chiropractor who is licensed as such by the State (or in a State which does not license chiropractors as such, is legally authorized to perform the services of a chiropractor in the jurisdiction in which he performs such services), and who meets uniform minimum standards promulgated by the Secretary, but only for the purpose of sections 1861(s)(1) and 1861(s)(2)(A) and only with respect to treatment by means of manual manipulation of the spine (to correct a subluxation) which he is legally authorized to perform by the State or jurisdiction in which such treatment is provided a doctor of chiropractic who is licensed as a doctor of chiropractic or a chiropractor by the State in which the function or action is performed and whose license provides legal authorization to perform such function or action in such State or in the jurisdiction in which the function or action is performed (b) Certain coverage limits Section 1833 of the Social Security Act ( 42 U.S.C. 1395l (ee) Limitation on payment of services provided by certain doctors of chiropractic Notwithstanding any other provision of this part, in the case of services of a doctor of chiropractic described in section 1861(r)(5), payment may only be made under this part for such services if— (1) such services are furnished by a doctor of chiropractic who is verified once, by a process designed by the Secretary, as attending an educational documentation webinar, or other similar electronic product, designed by the Secretary or an updated modified version of such webinar, as designed by the Secretary; or (2) such services are treatment by means of manual manipulation of the spine to correct a subluxation. .

Chiropractic Medicare Coverage Modernization Act of 2023

Improving Health Insurance Affordability Act of 2023 This bill expands the eligibility of taxpayers for the refundable tax credit for coverage under a qualified health plan and increases cost-sharing subsidies under the Patient Protection and Affordable Care Act.

118 S8 IS: Improving Health Insurance Affordability Act of 2023 U.S. Senate 2023-01-23 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 118th CONGRESS 1st Session S. 8 IN THE SENATE OF THE UNITED STATES January 23 (legislative day, January 3), 2023 Mrs. Shaheen Mr. Blumenthal Ms. Smith Ms. Baldwin Mr. Kaine Mr. Reed Mr. Casey Ms. Stabenow Ms. Klobuchar Mr. Cardin Ms. Hassan Mr. Bennet Ms. Cortez Masto Mrs. Gillibrand Committee on Finance A BILL To amend the Internal Revenue Code of 1986 to expand eligibility for the refundable credit for coverage under a qualified health plan, to improve cost-sharing subsidies under the Patient Protection and Affordable Care Act, and for other purposes. 1. Short title This Act may be cited as the Improving Health Insurance Affordability Act of 2023 2. Increase in eligibility for credit (a) In general Subparagraph (A) of section 36B(c)(1) but does not exceed 400 percent (b) Applicable percentages (1) In general Subparagraph (A) of section 36B(b)(3) (A) Applicable percentage The applicable percentage for any taxable year shall be the percentage such that the applicable percentage for any taxpayer whose household income is within an income tier specified in the following table shall increase, on a sliding scale in a linear manner, from the initial premium percentage to the final premium percentage specified in such table for such income tier: In the case of household income The initial premium percentage is— The final premium percentage is— Up to 150 percent 0 0 150 percent up to 200 percent 0 2.0 200 percent up to 250 percent 2.0 4.0 250 percent up to 300 percent 4.0 6.0 300 percent up to 400 percent 6.0 8.5 400 percent and up 8.5 8.5. . (2) Conforming amendments relating to affordability of coverage (A) Subparagraph (C) of section 36B(c)(2) of such Code is amended by striking clause (iv). (B) Paragraph (4) of section 36B(c) of such Code is amended by striking subparagraph (F). (c) Limitation on recapture Clause (i) of section 36B(f)(2)(B) (1) by striking 400 percent 800 percent (2) by striking the period at the end of the last row of the table; and (3) by adding at the end of the table the following new rows: At least 400 percent but less than 600 percent $3,500 At least 600 percent but less than 800 percent $4,500. . (d) Premium cost standard (1) In general The following provisions of section 36B silver gold (A) Paragraphs (2)(B)(i), (3)(B), and (3)(C) of subsection (b). (B) The heading of subparagraph (B) of subsection (b)(3). (C) Subsection (c)(4)(C)(i)(I). (2) Conforming amendments to reduced cost-sharing Section 1402(b)(1) of the Patient Protection and Affordable Care Act ( 42 U.S.C. 18071(b)(1) silver gold (e) Effective date The amendments made by this section shall apply to taxable years beginning after December 31, 2023. 3. Enhancements for reduced cost-sharing (a) Modification of amount (1) In general Section 1402(c)(2) of the Patient Protection and Affordable Care Act ( 42 U.S.C. 18071(c)(2) (A) by striking 150 percent 200 percent (B) by striking 94 percent 95 percent (C) by striking 150 percent but not more than 200 percent 200 percent but not more than 300 percent (D) by striking 87 percent 90 percent (E) by striking 200 percent 300 percent (F) by striking 250 percent 400 percent (G) by striking 73 percent 85 percent (2) Conforming amendment Clause (i) of section 1402(c)(1)(B) of such Act ( 42 U.S.C. 18071(c)(1)(B) (i) In general The Secretary shall ensure the reduction under this paragraph shall not result in an increase in the plan’s share of the total allowed costs of benefits provided under the plan above— (I) 95 percent in the case of an eligible insured described in paragraph (2)(A); (II) 90 percent in the case of an eligible insured described in paragraph (2)(B); and (III) 85 percent in the case of an eligible insured described in paragraph (2)(C). . (3) Effective date The amendments made by this subsection shall apply to plan years beginning after December 31, 2023. (b) Funding Section 1402 of the Patient Protection and Affordable Care Act ( 42 U.S.C. 18071 (g) Funding Out of any funds in the Treasury not otherwise appropriated, there are appropriated to the Secretary such sums as may be necessary for payments under this section. .

Improving Health Insurance Affordability Act of 2023

Plant Biostimulant Act of 2023 This bill excludes plant biostimulants (i.e., a substance, micro-organism, or mixture thereof that supports a plant's natural processes independently of the biostimulant's nutrient content) from regulation under the Federal Insecticide, Fungicide, and Rodenticide Act. The bill also requires the Department of Agriculture to study the types of plant biostimulants and practices of plant biostimulant use that best achieve certain results, such as increasing organic matter content.

118 S802 IS: Plant Biostimulant Act of 2023 U.S. Senate 2023-03-15 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 118th CONGRESS 1st Session S. 802 IN THE SENATE OF THE UNITED STATES March 15, 2023 Mr. Braun Mr. Padilla Committee on Agriculture, Nutrition, and Forestry A BILL To amend the Federal Insecticide, Fungicide, and Rodenticide Act to provide for a consistent definition for plant biostimulants. 1. Short title This Act may be cited as the Plant Biostimulant Act of 2023 2. Exclusion from regulation under FIFRA (a) In general The Federal Insecticide, Fungicide, and Rodenticide Act ( 7 U.S.C. 136 et seq. 7 U.S.C. 136a 3A. Exclusion of plant biostimulants A plant biostimulant shall not be subject to regulation under this Act. . (b) Definitions Section 2 of the Federal Insecticide, Fungicide, and Rodenticide Act ( 7 U.S.C. 136 (1) in subsection (v)— (A) by striking vitamin-hormone horticultural products vitamin hormone products (B) by adding at the end the following: Such term shall not include a plant biostimulant. (2) by adding at the end the following: (pp) Plant biostimulant The term plant biostimulant (qq) Nutritional chemical The term nutritional chemical (1) means a compound or mixture that interacts with plant nutrients in a manner which improves nutrient availability or aids the plant in acquiring or utilizing plant nutrients; and (2) includes some plant biostimulants. (rr) Vitamin hormone product The term vitamin hormone product . (c) Regulations Not later than 120 days after the date of the enactment of this Act, the Administrator of Environmental Protection Agency shall revise the regulations under subchapter E of chapter I of title 40, Code of Federal Regulations (as in effect on the date of the enactment of this Act) to carry out the amendments made by subsections (a) and (b). 3. Soil health study (a) Study The Secretary of Agriculture shall conduct a study to assess the types of, and practices using, plant biostimulants (as defined in section 2 of the Federal Insecticide, Fungicide, and Rodenticide Act ( 7 U.S.C. 136 (1) Increasing organic matter content. (2) Reducing atmospheric volatilization. (3) Promotion of nutrient management practices. (4) Limiting or eliminating runoff or leaching of soil or nutrients such as phosphorus and nitrogen into groundwater or other water sources. (5) Restoring beneficial bioactivity or healthy nutrients to the soil. (6) Aiding in carbon sequestration, nutrient use efficiency, and other climate-related benefits. (7) Supporting innovative approaches to improving agricultural sustainability, including the adoption of performance-based outcome standards and criteria. (b) Report Not later than 1 year after the date on which funds are first made available for the study under subsection (a), the Secretary shall make publicly available and submit to the Committee on Agriculture of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry of the Senate a report that describes the results of the study.

Plant Biostimulant Act of 2023

Save Rural Hospitals Act of 2023 This bill establishes an area wage adjustment floor for Medicare hospital payments in states that are not frontier states and excludes such adjustments from certain budget neutrality rules.

111 S803 IS: Save Rural Hospitals Act of 2023 U.S. Senate 2023-03-15 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 118th CONGRESS 1st Session S. 803 IN THE SENATE OF THE UNITED STATES March 15, 2023 Mr. Warner Mrs. Blackburn Mr. Kaine Mr. Cornyn Mr. Warnock Mr. Boozman Mrs. Hyde-Smith Mr. Wicker Committee on Finance A BILL To amend the title XVIII of the Social Security Act to preserve access to rural health care by ensuring fairness in Medicare hospital payments. 1. Short title This Act may be cited as the Save Rural Hospitals Act of 2023 2. Ensuring fairness in medicare hospital payments (a) Hospital inpatient services (1) In general Section 1886(d)(3)(E) of the Social Security Act ( 42 U.S.C. 1395ww(d)(3)(E) (A) in clause (i), in the first sentence, by striking or (iv) , (iv), or (v) (B) by adding at the end the following new clause: (v) Area wage index floor (I) In general For discharges occurring on or after October 1, 2023, the area wage index applicable under this subparagraph to any hospital which is not located in a frontier State (as defined in clause (iii)(II)) may not be less than 0.85. (II) Waiving budget neutrality Pursuant to the fifth sentence of clause (i), this clause shall not be applied in a budget neutral manner. . (2) Waiving budget neutrality (A) Technical amendatory correction Section 10324(a)(2) of Public Law 111–148 third sentence fifth sentence (B) Waiver Section 1886(d)(3)(E)(i) of the Social Security Act ( 42 U.S.C. 1395ww(d)(3)(E)(i) (i) by striking and the amendments , the amendments (ii) by inserting , and the amendments made by section 2(a)(1) of the Save Rural Hospitals Act of 2023 Act of 2021 (b) Hospital outpatient department services Section 1833(t) of the Social Security Act ( 42 U.S.C. 1395l(t) (1) in paragraph (2)(D), by striking (19), the Secretary (19) and paragraph (23), the Secretary (2) by adding at the end the following new paragraph: (23) Floor on area wage adjustment factor for hospital outpatient department services With respect to covered OPD services furnished on or after January 1, 2024, the area wage adjustment factor applicable under the payment system established under this subsection to any hospital outpatient department which is not located in a frontier State (as defined in section 1886(d)(3)(E)(iii)(II)) may not be less than 0.85. The preceding sentence shall not be implemented in a budget neutral manner. .

Save Rural Hospitals Act of 2023

Black Sea Security Act of 2023 This bill authorizes the National Security Council to direct an interagency strategy to (1) increase coordination with NATO and the European Union, (2) deepen economic ties, and (3) strengthen the security and democratic resilience of partners in the Black Sea region in accordance with U.S. values and interests.

118 S804 IS: Black Sea Security Act of 2023 U.S. Senate 2023-03-15 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 118th CONGRESS 1st Session S. 804 IN THE SENATE OF THE UNITED STATES March 15, 2023 Mrs. Shaheen Mr. Romney Mr. Tillis Mr. Durbin Mr. Wicker Mr. Cardin Mr. King Ms. Klobuchar Mr. Cornyn Committee on Foreign Relations A BILL To provide for security in the Black Sea region, and for other purposes. 1. Short title This Act may be cited as the Black Sea Security Act of 2023 2. Sense of Congress on Black Sea security (a) Sense of Congress It is the sense of Congress that— (1) it is in the interest of the United States to support efforts to prevent the spread of further armed conflict in Europe by recognizing the Black Sea region as an arena of Russian aggression; (2) littoral states of the Black Sea are critical in countering aggression by the Government of the Russian Federation and contributing to the collective security of NATO; (3) the repeated, illegal, unprovoked, and violent attempts of the Russian Federation to expand its territory and control access to the Mediterranean Sea through the Black Sea constitutes a threat to the national security of the United States and NATO; (4) the United States condemns attempts by the Russian Federation to change or alter boundaries in the Black Sea region by force or any means contrary to international law and to impose a sphere of influence across the region; (5) the United States and its allies should robustly counter Russia’s illegitimate territorial claims on the Crimean Peninsula, along Ukraine's territorial waters in the Black Sea and the Sea of Azov, in the Black Sea's international waters, and in the territories it is illegally occupying in Ukraine; (6) the United States should continue to work within NATO and with NATO Allies to develop a long-term strategy to enhance security, establish a permanent, sustainable presence along NATO's eastern flank, and bolster the democratic resilience of its allies and partners in the region; (7) the United States should work within NATO and with NATO Allies to develop a regular, rotational maritime presence in the Black Sea; (8) the United States should also work with the European Union on coordinating a strategy to support democratic initiatives and economic prosperity in the region, which includes two European Union members and four European Union aspirant nations; (9) Turkey's behavior towards some regional allies and democratic states has been counterproductive and has contributed to increased tensions in the region, and Turkey should avoid any actions to further escalate regional tensions; (10) the United States should work to foster dialogue among countries within the Black Sea region to improve communication and intelligence sharing and increase cyber defense capabilities; (11) countries with historic and economic ties to Russia are looking to the United States and Europe to provide a positive economic presence in the broader region as a counterbalance to the Russian Federation’s malign influence in the region; (12) it is in the interest of the United States to support and bolster the economic ties between the United States and Black Sea states; (13) the United States should support the initiative undertaken by central and eastern European states to advance the Three Seas Initiative Fund to strengthen transport, energy, and digital infrastructure connectivity in the region between the Adriatic Sea, Baltic Sea, and Black Sea; (14) there are mutually beneficial opportunities for increased investment and economic expansion, particularly on energy, climate, and transport infrastructure initiatives, between the United States and Black Sea states and the broader region; (15) improved economic ties between the United States and the Black Sea states and the broader region can lead to a strengthened strategic partnership; (16) the United States must seek to address the food security challenges arising from disruption of Ukraine’s Black Sea and Azov Sea ports, as this global challenge will have critical national security implications for the United States, our partners, and allies; (17) Turkey, in coordination with the United Nations, has played an important role in alleviating global food insecurity by negotiating two agreements to allow grain exports from Ukrainian ports through a safe corridor in the Black Sea; (18) Russia has a brutal history of using hunger as a weapon and must be stopped; (19) countering the PRC’s coercive economic pursuits remains an important policy imperative in order to further integrate the Black Sea states into western economies and improve regional stability; and (20) Turkey’s continued delay in ratifying Sweden and Finland’s accession to NATO undermines the strength of the alliance and inhibits the united international response to Russia’s unprovoked war in Ukraine. 3. United States policy It is the policy of the United States to— (1) actively deter the threat of Russia’s further escalation in the Black Sea region and defend freedom of navigation in the Black Sea to prevent the spread of further armed conflict in Europe; (2) advocate within NATO, among NATO Allies, and within the European Union to develop a long-term coordinated strategy to enhance security, establish a permanent, sustainable presence in the eastern flank, and bolster the democratic resilience of United States allies and partners in the region; (3) advocate within NATO and among NATO Allies to develop a regular, rotational maritime presence in the Black Sea; (4) support and bolster the economic ties between the United States and Black Sea partners and mobilize the Department of State, the Department of Defense, and other relevant Federal departments and agencies by enhancing the United States presence and investment in Black Sea states; (5) provide economic alternatives to the PRC’s coercive economic options that destabilize and further erode economic integration of the Black Sea states; (6) ensure that the United States continues to support Black Sea states' efforts to strengthen their democratic institutions to prevent corruption and accelerate their advancement into the Euroatlantic community; and (7) encourage the initiative undertaken by central and eastern European states to advance the Three Seas Initiative to strengthen transport, energy, and digital infrastructure connectivity in the region between the Adriatic Sea, Baltic Sea, and Black Sea. 4. Black Sea security and development strategy (a) Black sea security and development strategy Not later than 180 days after the date of the enactment of this Act, the National Security Council, in coordination with the Department of State, the Department of Defense, and other relevant Federal departments and agencies, is authorized to direct an interagency strategy to increase coordination with NATO and the European Union, deepen economic ties, strengthen energy security, support efforts to bolster their democratic resilience, and enhance security assistance with our regional partners in accordance with the values and interests of the United States. (b) Purpose and objectives The initiative established under subsection (a) shall have the following goals and objectives: (1) Ensuring the efficient and effective delivery of security assistance to regional partners in accordance with the values and interests of the United States, prioritizing assistance that will bolster defenses against hybrid warfare and improve interoperability with NATO forces. (2) Bolstering United States support for the region’s energy security and integration with Europe and reducing their dependence on Russia while supporting energy diversification. (3) Mitigating the impact of economic coercion by the Russian Federation and the PRC on Black Sea states and identifying new opportunities for foreign direct investment from the United States and cooperating countries and the enhancement of United States business ties with regional partners in accordance with the values and interests of the United States. (4) Increasing high-level engagement between the United States and regional partners, and reinforcing economic growth, financing quality infrastructure, and reinforcing trade with a focus on improving high-level economic cooperation. (5) Increasing United States coordination with the European Union and NATO to maximize effectiveness and minimize duplication. (c) Activities (1) Security The strategy established under subsection (a) should include the following elements related to security: (A) A plan to increase interagency coordination on the Black Sea region. (B) An assessment of whether a United States-led initiative with NATO allies to increase coordination, presence, and regional engagement among Black Sea states is advisable. (C) A strategy to increase security assistance toward Black Sea states, focused on Ukraine, Romania, Bulgaria, Moldova, and Georgia. (D) Prioritization of intelligence, surveillance, and reconnaissance systems to monitor Russia's operations in the Black Sea region. (E) An assessment of the value of establishing a joint, multinational three-star headquarters on the Black Sea, responsible for planning, readiness, exercises, and coordination of all Allied and partner military activity in the greater Black Sea region. (F) An assessment of the challenges and opportunities of establishing a regular, rotational NATO maritime presence in the Black Sea, including an analysis of the capacity, capabilities, and commitment of NATO members to create this type of mission. (G) An overview of Foreign Military Financing, International Military Education and Training, and other United States security assistance to the region. (H) A plan for communicating the changes to NATO posture to the public in allied and partner countries, as well as to publics in the Russian Federation and Belarus. (I) A plan for combating Russian disinformation and propaganda in the Black Sea region, utilizing the resources of the United States Government, including the Global Engagement Center. (J) A plan to promote greater freedom of navigation to allow for greater security and economic Black Sea access. (2) Economic prosperity The strategy established under subsection (a) shall include the following elements related to economic prosperity: (A) A strategy to foster dialogue between experts from the United States and from the Black Sea states on economic expansion, foreign direct investment, strengthening rule of law initiatives, and mitigating economic coercion by Russia and the PRC. (B) A strategy for all the relevant Federal departments and agencies that contribute to United States economic statecraft to expand their presence and identify new opportunities for private investment with regional partners in accordance with the values and interests of the United States. (C) Assessments on energy diversification, focusing on the immediate need to replace energy supplies from Russia, and recognizing the long-term importance of broader energy diversification, including clean energy initiatives. (D) Assessments of potential food security solutions, including sustainable, long-term arrangements beyond the Black Sea Grain Initiative. (3) Democratic resilience The strategy established under subsection (a) shall include the following elements related to democratic resilience: (A) A strategy to increase independent media and United States-supported media initiatives to combat foreign malign influence in the Black Sea region. (B) Greater mobilization of initiatives spearheaded by the Global Engagement Center and the United States Agency for International Development to counter Russian propaganda and disinformation in the Black Sea region. (4) Regional connectivity The strategy established under subsection (a) shall promote regional connectivity by sending high-level representatives of the Department of State or other agency partners to— (A) the Black Sea region not less frequently than twice a year; and (B) major regional fora on infrastructure and energy security, including the Three Seas Initiative Summit. (d) Identification of necessary programs and resources Not later than 360 days after the date of the enactment of this Act, the interagency shall identify any necessary program, policy, or budgetary resources required, by agency, to support implementation of the Black Sea Security Strategy for fiscal years 2024, 2025, and 2026. (e) Responsibilities of Federal departments and agencies Nothing under this section shall be deemed to authorize the National Security Council to assume any of the responsibilities or authorities of the head of any Federal department, agency, or office, including the foreign affairs responsibilities and authorities of the Secretary of State, to oversee the implementation of programs and policies under this section. 5. Definitions In this Act: (1) Appropriate congressional committees The term appropriate congressional committees (A) the Committee on Foreign Relations, the Committee on Armed Services, and the Committee on Appropriations of the Senate; and (B) the Committee on Foreign Affairs, the Committee on Armed Services, and the Committee on Appropriations of the House of Representatives. (2) Black Sea states The term Black Sea states

Black Sea Security Act of 2023

Fighting Trade Cheats Act of 2023 This bill increases penalties for, and establishes additional enforcement mechanisms related to, fraudulent and grossly negligent violations of U.S. customs laws. Specifically, the bill increases the maximum civil penalty for a fraudulent violation to three times the domestic value of the merchandise. Further, the bill prohibits a person who commits a fraudulent violation from importing merchandise into the United States for a five-year period. Additionally, the bill increases the maximum civil penalty for a grossly negligent violation to the lesser of (1) 3 times the domestic value of the merchandise; or (2) 10 times the lawful duties, taxes, and fees. It also prohibits a person who commits a grossly negligent violation from importing merchandise into the United States for a two-year period. Further, the bill applies these importation bans to an affiliated person (e.g., a family member, partner, or employee) of the person who committed the fraudulent or grossly negligent violation. The bill also establishes a private right of action for customs fraud or grossly negligent violations. In particular, the bill allows manufacturers, producers, wholesalers, labor unions, or trade associations to bring a civil action against a violator or any person that aids or abets a violator. The bill prohibits any person (or an affiliated person) who commits a fraudulent or grossly negligent violation from participating in the U.S. Customs and Border Protection's Importer of Record program, and further requires their importer of record numbers to be revoked.

118 S805 IS: Fighting Trade Cheats Act of 2023 U.S. Senate 2023-03-15 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 118th CONGRESS 1st Session S. 805 IN THE SENATE OF THE UNITED STATES March 15, 2023 Mr. Brown Mr. Tillis Committee on Finance A BILL To amend the Tariff Act of 1930 to increase civil penalties for, and improve enforcement with respect to, customs fraud, and for other purposes. 1. Short title This Act may be cited as the Fighting Trade Cheats Act of 2023 2. Increase in civil penalties for fraudulent and grossly negligent violations of United States customs laws Section 592 of the Tariff Act of 1930 ( 19 U.S.C. 1592 (1) in subsection (a)— (A) by redesignating paragraph (2) as paragraph (3); and (B) by inserting after paragraph (1) the following: (2) Presumption (A) In general For purposes of paragraph (1)(B), if a person purchases merchandise from two or more affiliated persons after such persons are determined by U.S. Customs and Border Protection or a court of competent jurisdiction to have violated subsection (a) by means of fraud or gross negligence, there shall be a presumption that the purchaser had knowledge of such violation with respect to purchases from the second or subsequent such affiliated person. (B) Affiliated person defined In subparagraph (A), the term affiliated person ; and (2) in subsection (c)— (A) in paragraph (1)— (i) by striking A fraudulent violation (A) In general A fraudulent violation ; (ii) in subparagraph (A) (as so designated), by inserting before the domestic value three times (iii) by adding at the end the following: (B) Additional penalties A person— (i) that commits a fraudulent violation of subsection (a) shall be prohibited from importing merchandise into the United States during a period of five years beginning on the date of entry of a final judgment with respect to such violation; and (ii) that is an affiliated person of a person described in clause (i) shall be prohibited from importing merchandise into the United States during the period described in such clause. (C) Affiliated person defined In subparagraph (B)(ii), the term affiliated person ; and (B) in paragraph (2)— (i) by striking A grossly negligent violation (A) In general A grossly negligent violation ; (ii) by striking (A) the lesser of— (i) the lesser of— ; (iii) by striking (i) the domestic value (I) three times the domestic value ; (iv) by striking (ii) four times (II) 10 times ; (v) by striking (B) if the violation (ii) if the violation ; (vi) in clause (ii) of subparagraph (A) (as so redesignated), by striking 40 percent of three times (vii) by adding at the end the following: (B) Additional penalties A person— (i) that commits a grossly negligent violation of subsection (a) shall be prohibited from importing merchandise into the United States during a period of two years beginning on the date of entry of a final judgment with respect to such violation; and (ii) that is an affiliated person of a person described in clause (i) shall be prohibited from importing merchandise into the United States during the period described in such clause. (C) Affiliated person defined In subparagraph (B)(ii), the term affiliated person . 3. Private enforcement action for customs fraud The Tariff Act of 1930 is amended by inserting after section 592A ( 19 U.S.C. 1592a 592B. Private enforcement action for customs fraud (a) Civil action An interested party the business, property, or other financial interest of which is injured by a fraudulent or grossly negligent violation of section 592(a) may bring a civil action against any person that causes such injury, or any person that aids or abets that person in violating section 592(a), in any United States District Court located in a district in which the interested party has suffered injury, without regard to the amount in controversy. (b) Relief Upon proof by an interested party in a civil action brought under subsection (a) that the business, property, or other financial interest of the interested party has been injured by a fraudulent or grossly negligent violation of section 592(a), the interested party shall— (1) (A) recover compensatory damages equal to the amount of such injury plus an additional penalty equal to three times the amount of compensatory damages; and (B) be granted such equitable relief as may be appropriate, which may include an injunction against further importation into the United States of the merchandise imported into the United States in violation of section 592(a); and (2) recover the costs of bringing the civil action, including reasonable attorney’s fees. (c) Intervention by the United States (1) In general The court shall permit the United States to intervene in an civil action brought under subsection (a), as a matter of right. The United States shall have all the rights of a party. (2) Sharing of information Upon a reasonable request by the United States Government, any interested party that brings a civil action under subsection (a) shall provide to the United States Government— (A) a copy of the complaint; (B) any memoranda of law or briefing filed with a court in support of the complaint as of the date of the request; and (C) if the United States Government agrees to reimburse the interested party for all reasonable costs and expenses associated with responding to the request, any information obtained by the interested party through discovery processes in the civil action as of the date of the request. (d) Nullification of order in national emergencies An order by a court under this section is subject to nullification by the President under the authority provided by section 203 of the International Emergency Economic Powers Act ( 50 U.S.C. 1702 (e) Interested party defined (1) In general In this section, the term interested party (A) a manufacturer, producer, or wholesaler in the United States of like merchandise or competing merchandise; (B) a certified union or recognized union or group of workers that is representative of an industry engaged in the manufacture, production, or wholesale in the United States of like merchandise or competing merchandise; or (C) a trade or business association a majority of the members of which manufacture, produce, or wholesale like merchandise or competing merchandise in the United States. (2) Competing merchandise For purposes of paragraph (1), the term competing merchandise (3) Like merchandise For purposes of paragraph (1), the term like merchandise . 4. Exclusion of persons that have committed fraudulent or grossly negligent violations of United States customs laws from participation in the importer of record program Section 114 of the Trade Facilitation and Trade Enforcement Act of 2015 ( 19 U.S.C. 4320 (1) by redesignating subsections (c) and (d) as subsection (d) and (e), respectively; and (2) by inserting after subsection (b) the following: (c) Exclusion (1) In general The following persons shall be ineligible to participate in the importer of record program: (A) Any person determined by U.S. Customs and Border Protection or a court of competent jurisdiction to have committed a fraudulent or grossly negligent violation of section 592(a) of the Tariff Act of 1930 ( 19 U.S.C. 1592(a) (B) Any person that is an affiliated person of a person described in subparagraph (A). (2) Revocation The Secretary shall revoke the importer of record number assigned to any person under the importer of record program if the Secretary subsequently determines that the person is a person described in subparagraph (A) or (B) of paragraph (1). (3) Affiliated person defined (A) In general For purposes paragraph (1)(B), the term affiliated person 19 U.S.C. 1677(33) (B) Deemed affiliated persons In order to prevent commercial fraud, protect the revenue, and help prevent the use of shell companies by importers that seek to evade the customs and trade laws of the United States, a person may be deemed to be an affiliated person for purposes of paragraph (1)(B) based upon information declared to U.S. Customs and Border Protection suggesting a formal or ongoing relationship between that person and a person described in paragraph (1)(A), including similarities in imported merchandise (including article classification upon importation), common declared exporters and shippers, and historical import volumes. .

Fighting Trade Cheats Act of 2023

Expediting Forest Restoration and Recovery Act of 2023 This bill requires the Department of Agriculture to expedite the environmental review of hazardous fuel or insect and disease risk reduction projects on certain National Forest System land and prioritize reducing the risks of insect infestations and wildfires over other objectives in forest plans. In addition, the bill directs states to retain good neighbor agreement timber sale revenues and use them for certain restoration services.

118 S808 IS: Expediting Forest Restoration and Recovery Act of 2023 U.S. Senate 2023-03-15 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 118th CONGRESS 1st Session S. 808 IN THE SENATE OF THE UNITED STATES March 15, 2023 Mr. Thune Committee on Agriculture, Nutrition, and Forestry A BILL To amend the Healthy Forests Restoration Act of 2003 to require the Secretary of Agriculture to expedite hazardous fuel or insect and disease risk reduction projects on certain National Forest System land, and for other purposes. 1. Short title This Act may be cited as the Expediting Forest Restoration and Recovery Act of 2023 2. Application by Forest Service of authorities to expedite environmental analyses in carrying out hazardous fuel and insect and disease risk reduction projects Section 104 of the Healthy Forests Restoration Act of 2003 ( 16 U.S.C. 6514 (i) Application by Forest Service of authorities To expedite environmental analyses in carrying out hazardous fuel and insect and disease risk reduction projects (1) Definitions In this subsection: (A) Insect and disease treatment area The term insect and disease treatment area (i) is designated by the Secretary as an insect and disease treatment area under this title; or (ii) is designated as at risk or a hazard on the most recent National Insect and Disease Risk Map published by the Forest Service. (B) Secretary The term Secretary (2) Use of authorities In carrying out a hazardous fuel or insect and disease risk reduction project in an insect and disease treatment area authorized under this Act, the Secretary shall— (A) apply the categorical exclusion established by section 603 in the case of a hazardous fuel or insect and disease risk reduction project carried out in an area— (i) designated as suitable for timber production within the applicable forest plan; or (ii) where timber harvest activities are not prohibited; (B) conduct applicable environmental assessments and environmental impact statements in accordance with this section in the case of a hazardous fuel or insect and disease risk reduction project— (i) carried out in an area— (I) outside of an area described in subparagraph (A); or (II) where other significant resource concerns exist, as determined exclusively by the Secretary; or (ii) that is carried out in an area equivalent to not less than a hydrologic unit code 5 watershed, as defined by the United States Geological Survey; and (C) notwithstanding subsection (d), in the case of any other hazardous fuel or insect and disease risk reduction project, in the environmental assessment or environmental impact statement prepared under subsection (b), study, develop, and describe— (i) the proposed agency action; and (ii) the alternative of no action. (3) Priority for reducing risks of insect infestation and wildfire Except where established as a mandatory standard that constrains project and activity decision making in a resource management plan (as defined in section 101(13)(A)) in effect on the date of enactment of this Act, in the case of an insect and disease treatment area, the Secretary shall prioritize reducing the risks of insect and disease infestation and wildfire over other planning objectives. (4) Inclusion of Fire Regime Group IV Notwithstanding section 603(c)(2)(B), the Secretary shall apply the categorical exclusion described in paragraph (2)(A) to areas in Fire Regime Group IV. (5) Excluded areas This subsection shall not apply to— (A) a component of the National Wilderness Preservation System; or (B) an inventoried roadless area, except in the case of an activity that is permitted under— (i) the final rule of the Secretary entitled Special Areas; Roadless Area Conservation (ii) a State-specific roadless area conservation rule. (6) Reports The Secretary shall annually make publicly available data describing the acreage treated under hazardous fuel or insect and disease risk reduction projects in insect and disease treatment areas during the previous year. . 3. Good neighbor authority Section 8206(b)(2) of the Agricultural Act of 2014 ( 16 U.S.C. 2113a(b)(2) (C) Treatment of revenue Funds received from the sale of timber by a Governor of a State under a good neighbor agreement shall be retained and used by the Governor— (i) to carry out authorized restoration services under that good neighbor agreement; and (ii) if funds remain after carrying out authorized restoration services under clause (i), to carry out authorized restoration services within the State under other good neighbor agreements. .

Expediting Forest Restoration and Recovery Act of 2023

Viral Gain-of-Function Research Moratorium Act This bill prohibits the award of federal research grants to institutions of higher education or research institutes that conduct gain-of-function research. Gain-of-function research refers to any research that (1) could confer attributes to influenza, MERS, or SARS viruses such that the virus would have enhanced pathogenicity or transmissibility in an organism; or (2) involves methods that could enhance potential pandemic pathogens or related risky research with potentially dangerous pathogens.

118 S81 PCS: Viral Gain-of-Function Research Moratorium Act U.S. Senate 2023-01-26 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II Calendar No. 5 118th CONGRESS 1st Session S. 81 IN THE SENATE OF THE UNITED STATES January 25, 2023 Mr. Marshall Mr. Paul Ms. Ernst Mr. Tuberville Mrs. Blackburn Mr. Braun Mr. Lankford Mr. Rubio Mr. Cotton Mr. Wicker January 26, 2023 Read the second time and placed on the calendar A BILL To provide a moratorium on all Federal research grants provided to any institution of higher education or other research institute that is conducting gain-of-function research. 1. Short title This Act may be cited as the Viral Gain-of-Function Research Moratorium Act 2. Prohibition on Federal research grants for institutions and research institutes conducting gain-of-function research (a) Definition of gain-of-Function research In this section, the term gain-of-function research (1) could confer attributes to influenza, MERS, or SARS viruses such that the virus would have enhanced pathogenicity or transmissibility in any organism; or (2) involves methods that could enhance potential pandemic pathogens or related risky research with potentially dangerous pathogens. (b) Prohibition Notwithstanding any other provision of law, no research grants supported by Federal funds may be awarded to institutions of higher education, or other research institutes, that are conducting gain-of-function research. January 26, 2023 Read the second time and placed on the calendar

Viral Gain-of-Function Research Moratorium Act

SEC Whistleblower Reform Act of 2023 This bill expands and revises whistleblower protections applicable to individuals who provide information to the Securities and Exchange Commission (SEC) relating to a violation of securities laws. Under current law, an employer is prohibited from retaliating against these whistleblowers. Under the bill, this prohibition is expanded to include (1) individuals who provide information regarding potential violations to supervisors or other employees in positions of authority; and (2) information relating to violations subject to the jurisdiction of the Public Company Accounting Oversight Board, the Municipal Securities Rulemaking Board, or a self-regulatory organization. Additionally, the bill establishes the right to a jury trial for a person accused of violating whistleblower protection laws. The bill also requires the SEC to make an initial disposition of a whistleblower award claim within the later of (1) one year of the deadline to submit such a claim, or (2) one year after the final resolution of any litigation in the matter. Finally, the bill deems as unenforceable a predispute arbitration agreement regarding a whistleblower action.

118 S811 IS: SEC Whistleblower Reform Act of 2023 U.S. Senate 2023-03-15 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 118th CONGRESS 1st Session S. 811 IN THE SENATE OF THE UNITED STATES March 15, 2023 Mr. Grassley Ms. Warren Ms. Collins Mr. Warnock Ms. Cortez Masto Committee on Banking, Housing, and Urban Affairs A BILL To amend the Securities Exchange Act of 1934 to further enhance anti-retaliation protections for whistleblowers, and for other purposes. 1. Short title This Act may be cited as the SEC Whistleblower Reform Act of 2023 2. Whistleblower protections for internal disclosures (a) In general Section 21F of the Securities Exchange Act of 1934 ( 15 U.S.C. 78u–6 (1) in subsection (a)(6)— (A) by striking The term (A) In general The term ; and (B) by adding at the end the following: (B) Special rule Solely for the purposes of subsection (h)(1), the term whistleblower ; and (2) in subsection (h)(1)— (A) in subparagraph (A)— (i) in the matter preceding clause (i), by inserting or post-employment of employment (ii) in clause (i), by inserting , in writing or orally if the oral report is documented, to the Commission (iii) in clause (ii), by striking or (iv) in clause (iii), by striking the period at the end and inserting ; or (v) by adding at the end the following: (iv) in providing information regarding any conduct that the whistleblower reasonably believes constitutes a violation of any law, rule, or regulation subject to the jurisdiction of the Commission to— (I) a person with supervisory authority over the whistleblower at the employer of the whistleblower, if that employer is an entity registered with, or required to be registered with, or otherwise subject to the jurisdiction of, the Commission, the Public Company Accounting Oversight Board, a self-regulatory organization, or a State securities commission or office performing like functions; or (II) another individual working for the employer described in subclause (I) who the whistleblower reasonably believes has the authority to— (aa) investigate, discover, or terminate the misconduct; or (bb) take any other action to address the misconduct. ; and (B) in subparagraph (B), by adding at the end the following: (iv) Jury trial A person against which an action is brought under this subsection shall be entitled to a jury trial. . (b) Applicability The amendments made by subsection (a) shall apply to any claim involving a violation of section 21F(h)(1) of the Securities Exchange Act of 1934 ( 15 U.S.C. 78u–6(h)(1) (1) pending in any appropriate judicial or administrative forum, as of the date of enactment of this Act; or (2) filed after the date of enactment of this Act. 3. Prompt payment of awards Section 21F(b) of the Securities Exchange Act of 1934 ( 15 U.S.C. 78u–6(b) (3) Timely processing of claims (A) Initial disposition (i) In general Except as provided in subparagraph (B), the Commission shall make an initial disposition with respect to a claim submitted by a whistleblower for an award under this section (referred to in this paragraph as an award claim (I) the date that is 1 year after the deadline established by the Commission, by rule, for the whistleblower to file the award claim; or (II) the date that is 1 year after the final resolution of all litigation, including any appeals, concerning the covered action or related action. (ii) Multiple actions If an award claim involves 1 or more related actions, the requirement under clause (i) shall apply with respect to the latest deadline with respect to the actions. (B) Exceptions (i) Initial extension If the Director of the Division of Enforcement of the Commission (referred to in this paragraph as the Director Chairman (ii) Additional extensions If, after providing an extension under clause (i), the Director, or the designee of the Director, determines that good cause exists such that the Commission cannot reasonably satisfy the requirement under subparagraph (A), the Director or the designee of the Director, may extend the deadline described in clause (i) as needed for 1 or more additional successive 180-day periods only after providing notice to and receiving approval from the Commission. (iii) Notice to whistleblower required If the Director, or the designee of the Director, exercises authority under clause (i) or (ii), the Director or the designee, as applicable, shall submit to the whistleblower who filed the award claim that is subject to that action by the Director or the designee a written notification of that action. (C) Applicability This paragraph shall apply only to an award claim that the Director of the designee of the Director determines is timely submitted under a deadline established by the Commission after the date of enactment of this paragraph. . 4. Nonenforceability of certain provisions (a) In general Section 21F of the Securities Exchange Act of 1934 ( 15 U.S.C. 78u–6 (k) Nonenforceability of certain provisions waiving rights and remedies or requiring arbitration (1) Waiver of rights and remedies The rights and remedies provided in this section may not be waived by any agreement, policy form, or condition of employment, including by a predispute arbitration agreement. (2) Predispute arbitration agreement No predispute arbitration agreement shall be valid or enforceable if the agreement requires the arbitration of a dispute arising under this section. . (b) Applicability Subsection (k) of section 21F of the Securities Exchange Act of 1934 ( 15 U.S.C. 78u–6 5. Rulemaking authority The Securities and Exchange Commission may issue any rules that are necessary or appropriate to carry out this Act consistent with the purposes of section 21F of the Securities Exchange Act of 1934 ( 15 U.S.C. 78u–6

SEC Whistleblower Reform Act of 2023

Bonuses for Cost-Cutters Act of 2023 This bill temporarily expands the awards program for cost-saving identifications by federal employees of fraud, waste, or mismanagement to include identifications of surplus salaries and expenses funds. Savings resulting from such identifications shall generally be used for deficit reduction, but agencies may retain up to 10% of such savings for the purpose of paying cash awards to employees for making the identifications. An officer may not receive such award if the officer (1) serves in a position at level one of the Executive Schedule; (2) is the head of an agency; or (3) is a commissioner, board member, or other voting member of an independent establishment.

118 S812 IS: Bonuses for Cost-Cutters Act of 2023 U.S. Senate 2023-03-15 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 118th CONGRESS 1st Session S. 812 IN THE SENATE OF THE UNITED STATES March 15, 2023 Mr. Paul Mr. Bennet Committee on Homeland Security and Governmental Affairs A BILL To strengthen employee cost savings suggestions programs within the Federal Government. 1. Short title This Act may be cited as the Bonuses for Cost-Cutters Act of 2023 2. Cost savings enhancements (a) In general (1) Definitions Section 4511 of title 5, United States Code, is amended— (A) in the section heading, by striking Definition Definitions (B) in subsection (a)— (i) by striking this subchapter, the term (1) the term ; (ii) by striking the period at the end and inserting ; and (iii) by adding at the end the following: (2) the term surplus salaries and expenses funds (A) that are identified by an employee of the agency under section 4512(a) as unnecessary; (B) that the Inspector General of the agency or other agency employee designated under section 4512(b) determines are not required for the purpose for which the amounts were made available; (C) that the Chief Financial Officer of the agency determines are not required for the purpose for which the amounts were made available; and (D) the rescission of which would not be detrimental to the full execution of the purposes for which the amounts were made available. . (2) Authority Section 4512 of title 5, United States Code, is amended— (A) in subsection (a)— (i) in the matter preceding paragraph (1), by inserting or identification of surplus salaries and expenses funds mismanagement (ii) in paragraph (2), by inserting or identification disclosure (iii) in the matter following paragraph (2), by inserting or identification disclosure (B) by adding at the end the following: (c) (1) The Inspector General of an agency or other agency employee designated under subsection (b) shall refer to the Chief Financial Officer of the agency any potential surplus salaries and expenses funds identified by an employee that the Inspector General or other agency employee determines meet the requirements under subparagraphs (B) and (D) of section 4511(a)(2), along with any recommendations of the Inspector General or other agency employee. (2) (A) If the Chief Financial Officer of the agency determines that potential surplus salaries and expenses funds referred under paragraph (1) meet the requirements under section 4511(a)(2), except as provided in subsection (d), the head of the agency shall transfer the amount of the surplus salaries and expenses funds from the applicable appropriations account to the general fund of the Treasury. (B) Any amounts transferred under subparagraph (A) shall be deposited in the Treasury and used for deficit reduction, except that in the case of a fiscal year for which there is no Federal budget deficit, such amounts shall be used to reduce the Federal debt (in such manner as the Secretary of the Treasury considers appropriate). (3) The Inspector General or other agency employee designated under subsection (b) for each agency and the Chief Financial Officer for each agency shall issue standards and definitions for purposes of making determinations relating to potential surplus salaries and expenses funds identified by an employee under this subsection. (d) (1) The head of an agency may retain not more than 10 percent of amounts to be transferred to the general fund of the Treasury under subsection (c)(2). (2) Amounts retained by the head of an agency under paragraph (1) may be— (A) used for the purpose of paying a cash award under subsection (a) to 1 or more employees who identified the surplus salaries and expenses funds; and (B) to the extent amounts remain after paying cash awards under subsection (a), transferred or reprogrammed for use by the agency, in accordance with any limitation on such a transfer or reprogramming under any other provision of law. (e) (1) Not later than October 1 of each fiscal year, the head of each agency shall submit to the Secretary of the Treasury a report identifying the total savings achieved during the previous fiscal year through disclosures of possible fraud, waste, or mismanagement and identifications of surplus salaries and expenses funds by an employee. (2) Not later than September 30 of each fiscal year, the head of each agency shall submit to the Secretary of the Treasury a report that, for the previous fiscal year— (A) describes each disclosure of possible fraud, waste, or mismanagement or identification of potentially surplus salaries and expenses funds by an employee of the agency determined by the agency to have merit; and (B) provides the number and amount of cash awards paid by the agency under subsection (a). (3) The head of each agency shall include the information described in paragraphs (1) and (2) in each budget request of the agency submitted to the Office of Management and Budget as part of the preparation of the budget of the President submitted to Congress under section 1105(a) of title 31. (4) The Secretary of the Treasury shall submit to the Committee on Appropriations of the Senate, the Committee on Appropriations of the House of Representatives, and the Government Accountability Office an annual report on Federal cost saving and awards based on the reports submitted under paragraphs (1) and (2). (f) The Director of the Office of Personnel Management shall— (1) ensure that the cash award program of each agency complies with this section; and (2) submit to Congress an annual certification indicating whether the cash award program of each agency complies with this section. (g) Not later than 3 years after the date of enactment of this subsection, and every 3 years thereafter, the Comptroller General of the United States shall submit to Congress a report on the operation of the cost savings and awards program under this section, including any recommendations for legislative changes. . (3) Technical and conforming amendment The table of sections for subchapter II of chapter 45 4511. Definitions and general provisions. . (4) Sunset Effective 6 years after the date of enactment of this Act— (A) section 4511 of title 5, United States Code, is amended— (i) in the section heading, by striking Definitions Definition (ii) in subsection (a)— (I) in paragraph (1), by striking ; and (II) by striking this subchapter— the term agency this subchapter, the term agency (III) by striking paragraph (2); (B) section 4512 of title 5, United States Code, is amended— (i) in subsection (a)— (I) in the matter preceding paragraph (1), by striking or identification of surplus salaries and expenses funds (II) in paragraph (2), by striking or identification (III) in the matter following paragraph (2), by striking or identification (ii) by striking subsections (c) through (g); and (C) the table of sections for subchapter II of chapter 45 4511. Definition and general provisions. . (b) Officers eligible for cash awards (1) In general Section 4509 of title 5, United States Code, is amended to read as follows: 4509. Prohibition of cash award to certain officers (a) Definition In this section, the term agency (1) has the meaning given that term under section 551(1); and (2) includes an entity described in section 4501(1). (b) Prohibition An officer may not receive a cash award under this subchapter if the officer— (1) serves in a position at level I of the Executive Schedule; (2) is the head of an agency; or (3) is a commissioner, board member, or other voting member of an independent establishment. . (2) Technical and conforming amendment The table of sections for subchapter I of chapter 45 4509. Prohibition of cash award to certain officers. .

Bonuses for Cost-Cutters Act of 2023

Expanding Local Meat Processing Act of 2023 This bill directs the Department of Agriculture to revise its regulations to allow certain packers to hold an ownership interest in, finance, or participate in the management or operation of a market agency selling livestock on a commission basis. The bill applies to packers that have a cumulative slaughter capacity of (1) less than 2,000 animal per day or 700,000 animals per year with respect to cattle or sheep, and (2) less than 10,000 animals per day or 3 million animals per year with respect to hogs.

118 S813 IS: Expanding Local Meat Processing Act of 2023 U.S. Senate 2023-03-15 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 118th CONGRESS 1st Session S. 813 IN THE SENATE OF THE UNITED STATES March 15, 2023 Mr. Luján Ms. Ernst Committee on Agriculture, Nutrition, and Forestry A BILL To direct the Secretary of Agriculture to amend regulations to allow for certain packers to have an interest in market agencies, and for other purposes. 1. Short title This Act may be cited as the Expanding Local Meat Processing Act of 2023 2. Allowed interest of certain packers in market agencies (a) In general Not later than 1 year after the date of enactment of this Act, the Secretary of Agriculture shall revise section 201.67 of title 9, Code of Federal Regulations (as in effect on the date of enactment of this Act), to exempt the packers described in subsection (b) from the prohibition described in that section. (b) Packers described A packer referred to in subsection (a) is a packer that— (1) with respect to cattle or sheep, has a cumulative slaughter capacity of less than— (A) 2,000 animals per day; or (B) 700,000 animals per year; and (2) with respect to hogs, has a cumulative slaughter capacity of less than— (A) 10,000 animals per day; or (B) 3,000,000 animals per year.

Expanding Local Meat Processing Act of 2023

Romania Visa Waiver Act of 2023 This bill authorizes the Department of Homeland Security to designate Romania as a program country under the visa waiver program.

118 S814 IS: Romania Visa Waiver Act of 2023 U.S. Senate 2023-03-15 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 118th CONGRESS 1st Session S. 814 IN THE SENATE OF THE UNITED STATES March 15, 2023 Mr. Durbin Mrs. Shaheen Committee on the Judiciary A BILL To allow the Secretary of Homeland Security to designate Romania as a program country under the visa waiver program. 1. Short title This Act may be cited as the Romania Visa Waiver Act of 2023 2. Sense of Congress It is the sense of Congress that the Government of Romania should— (1) undertake all steps necessary to prepare Romania for participation in the visa waiver program under section 217 of the Immigration and Nationality Act ( 8 U.S.C. 1187 (2) continue to advance robust efforts to eliminate trafficking in persons, including by prioritizing the recommendations outlined in the report of the Department of State entitled Trafficking in Persons Report 3. Eligibility of Romania for visa waiver program Notwithstanding any provision of section 217 of the Immigration and Nationality Act ( 8 U.S.C. 1187

Romania Visa Waiver Act of 2023

Hello Girls Congressional Gold Medal Act of 2023 This bill provides for the award of a single Congressional Gold Medal in honor of the female telephone operators of the Army Signal Corps, commonly known as the Hello Girls, in recognition of their military service, devotion to duty, and 60-year struggle for veterans' benefits and recognition as soldiers.

111 S815 IS: Hello Girls Congressional Gold Medal Act of 2023 U.S. Senate 2023-03-15 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 118th CONGRESS 1st Session S. 815 IN THE SENATE OF THE UNITED STATES March 15, 2023 Mr. Tester Mr. Moran Ms. Hassan Mrs. Blackburn Committee on Banking, Housing, and Urban Affairs A BILL To award a Congressional Gold Medal to the female telephone operators of the Army Signal Corps, known as the Hello Girls 1. Short title This Act may be cited as the Hello Girls Congressional Gold Medal Act of 2023 2. Findings Congress finds the following: (1) On April 6, 1917, the United States declared war against Germany. As a historically neutral nation, the United States was unprepared to fight a technologically modern conflict overseas. The United States called upon American Telephone and Telegraph (referred to in this section as AT&T An Act for making further and more effectual provision for the national defense, and for other purposes. National Defense Act of 1916 (2) When General John Pershing sailed for Europe in May of 1917 as head of the American Expeditionary Forces (referred to in this section as the AEF (3) From May to November of 1917, the AEF struggled to develop the telephone service necessary for the Army to function under battlefield conditions. Monolingual infantrymen from the United States were unable to connect calls rapidly or communicate effectively with their French counterparts to put calls through over toll lines that linked one region of the country with another. The Army found that the average male operator required 60 seconds to make a connection. That rate was unacceptably slow, especially for operational calls between command outposts and the front lines. (4) During this time, in the United States, telephone operating was largely sex-segregated. Hired for their speed in connecting calls, women filled 85 percent of the telephone operating positions in the United States. It took the average female operator 10 seconds to make a connection. (5) On November 8, 1917, General Pershing cabled the War Department and wrote, On account of the great difficulty of obtaining properly qualified men, request organization and dispatch to France a force of women telephone operators all speaking French and English equally well. All should have allowances of Army nurses and should be uniformed. (6) The War Department sent press releases to newspapers across the United States to recruit women willing to serve for the duration of the war and face the hazards of submarine warfare and aerial bombardment. These articles emphasized that patriotic women would be full-fledged soldier[s] under the articles of war do as much to help win the war as the men in khaki who go over the top. (7) More than 7,600 women volunteered for the 100 positions described in paragraph (5) and the first recruits took the Army oath on January 15, 1918. (8) Like nurses and doctors at the time, female Signal Corps members had relative rather than traditional ranks and were ranked as Operator, Supervisor, or Chief Operator. When promoted, the women were required to swear the Army oath again. (9) Telephone operators were the first women to serve as soldiers in non-medical classifications and the job of the operators was to help win the war, not to mitigate the harms of the war. In popular parlance, they were known as the Hello Girls (10) Signal Corps Operators wore Army uniforms and Army insignia always, as well as standard-issue identity disks in case of death, and were subject to court martial for infractions of the military code. (11) Unbeknownst to the women operators and their immediate officers, the legal counsel of the Army ruled internally on March 20, 1918, that the women were not actually soldiers but contract employees, even though the women had not seen or signed any contracts. Military code allowed only for the induction of men, and the code remained unchanged despite the orders of General Pershing. Nevertheless, legal counsel also recognized that the National Defense Act of 1916, which allowed for the induction of members of the telephone industry of the United States into the Armed Forces, imposed no gender restrictions. (12) Four days later, on March 24, 1918, the first contingent of operators began their official duties in France. The operators arrived before most infantrymen of the Armed Forces in order to facilitate logistics and deployment and spent their first night in Paris under German bombardment. (13) After the arrival of the operators, telephone service in France improved immediately, as calls tripled from 13,000 to 36,000 per day. (14) The Army quickly recruited, trained, and deployed 5 additional contingents of female Signal Corps operators. With these personnel, the number of calls increased to 150,000 per day. (15) In addition to standard telephone operating, bilingual Signal Corps members provided simultaneous translation between officers from France and officers from the United States, who were communicating by telephone. (16) The AEF fought their first major battles in the last 2 months of the war. By that point, the Signal Corps considered the contributions of women to be so essential that, in telephone exchanges closest to the front line, the Army exclusively used women, in rotating 12-hour shifts. In the rear, the Army established rotating 8-hour shifts and gave male soldiers the overnight shift when telephone traffic was slower. (17) Seven bilingual operators— (A) served at the Battles of St. Mihiel and Meuse-Argonne under the immediate command of General Pershing; (B) staffed the Operations Boards through which orders to advance, fire, and retreat were delivered to soldiers in the trenches, to artillery units on alert, and to pilots awaiting orders at French airfields; and (C) were awarded a Defensive Sector Clasp (18) The Chief Operator supervising the Hello Girls, Grace Banker of Passaic, New Jersey, was awarded the Distinguished Service Medal. Out of 16,000 eligible Signal Corps officers, Banker was one of only 18 individuals so honored. (19) Thirty additional operators received special commendations, many signed by General Pershing himself, for exceptionally meritorious and conspicuous services Advance Sections (20) The war ended on November 11, 1918. As of that date, 223 female operators served in France and had connected 26,000,000 calls for the AEF. (21) The Chief Signal Officer of the Army Signal Corps wrote in his official report 2 days after the date on which the war ended that a large part of the success of the communications of this Army is due to . . . a competent staff of women operators. (22) After the war ended, some women were ordered to Coblenz in Germany for the occupation of that country and to Paris for the Paris Peace Treaty of 1919 to continue telephone operations, sometimes in direct support of President Woodrow Wilson. (23) Two operators, Corah Bartlett and Inez Crittenden, died in France in the service of the United States and were buried there in military cemeteries with military ceremonies. Those operators died of the same influenza pandemic that killed more soldiers of the Armed Forces than combat operations. (24) Women of the Army Signal Corps were ineligible for discharge until formal release. Because of their role in logistics, those women were among the last soldiers to come home to the United States. The last Signal Corps operators returned from France in January of 1920. (25) Upon arrival in the United States, the Army informed female veterans that they had performed as civilians, not soldiers, even though operators had served in Army uniform in a theater of war surrounded by men who were similarly engaged. (26) Despite the objections of General George Squier, the top-ranking officer in the Signal Corps, the Army denied Signal Corps women the veterans’ benefits granted to male soldiers and female nurses, such as— (A) hospitalization for disabilities incurred in the line of duty; (B) cash bonuses; (C) soldiers’ pensions; (D) flags on their coffins; and (E) the Victory Medals promised them in France. (27) For the next 60 years, female veterans, led by Merle Egan from Montana, petitioned Congress more than 50 times for their recognition. In 1977, under the sponsorship of Senator Barry Goldwater, Congress passed legislation to retroactively acknowledge the military service of the Women’s Airforce Service Pilots (referred to in this section as WASPs the service of any person in any other similarly situated group the members of which rendered service to the Armed Forces of the United States in a capacity considered civilian employment or contractual service at the time such service was rendered (28) On November 23, 1977, President Jimmy Carter signed the legislation described in paragraph (27) into law as the GI Bill Improvement Act of 1977 ( Public Law 95–202 (29) The Signal Corps telephone operators applied for, and were granted, status as veterans in 1979. (30) Only 33 of the operators who had returned home after the war were still alive to receive their Victory Medals and official discharge papers, which were finally awarded in 1979. (31) One of the women, Olive Shaw from Massachusetts, returned to the United States after the war, where she worked on the professional staff of Congresswoman Edith Nourse Rogers. Shaw lived to receive her honorable discharge and was the first burial when the Massachusetts National Cemetery opened on October 11, 1980. Shaw’s uniform is on display at the National World War I Museum and Memorial in Kansas City, Missouri. (32) Upon receipt of her honorable discharge at a ceremony in her home in Marine City, Michigan, Hello Girl (33) On July 1, 2009, President Barack Obama signed into law Public Law 111–40 (34) For their role as pioneers who paved the way for all women in uniform, and for service that was essential to victory in World War I, the Hello Girls 3. Congressional gold medal (a) Award authorized The Speaker of the House of Representatives and the President pro tempore of the Senate shall make appropriate arrangements for the award, on behalf of Congress, of a single gold medal of appropriate design in honor of the female telephone operators of the Army Signal Corps (commonly known as the Hello Girls (1) pioneering military service; (2) devotion to duty; and (3) 60-year struggle for— (A) recognition as soldiers; and (B) veterans’ benefits. (b) Design and striking For the purposes of the award described in subsection (a), the Secretary of the Treasury (referred to in this Act as the Secretary (c) Smithsonian Institution (1) In general After the award of the gold medal under subsection (a), the medal shall be given to the Smithsonian Institution, where the medal shall be available for display, as appropriate, and made available for research. (2) Sense of Congress It is the sense of Congress that the Smithsonian Institution should make the gold medal received under paragraph (1) available elsewhere, particularly at— (A) appropriate locations associated with— (i) the Army Signal Corps; (ii) the Women in Military Service for America Memorial; (iii) the U.S. Army Women’s Museum; and (iv) the National World War I Museum and Memorial; and (B) any other location determined appropriate by the Smithsonian Institution. 4. Duplicate medals Under such regulations as the Secretary may prescribe, the Secretary may strike and sell duplicates in bronze of the gold medal struck under section 3 at a price sufficient to cover the costs of the medals, including labor, materials, dies, use of machinery, and overhead expenses. 5. National medals (a) National medals Medals struck under this Act are national medals for purposes of chapter 51 (b) Numismatic items For purposes of section 5134 of title 31, United States Code, all medals struck under this Act shall be considered to be numismatic items.

Hello Girls Congressional Gold Medal Act of 2023

Protecting Consumers from PFAS Act This bill adds the Consumer Product Safety Commission to the interagency working group to coordinate federal activities related to research about perfluoroalkyl or polyfluoroalkyl substances, commonly referred to as PFAS. No additional funds are authorized to be appropriated to carry out the bill.

118 S820 IS: Protecting Consumers from PFAS Act U.S. Senate 2023-03-15 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 118th CONGRESS 1st Session S. 820 IN THE SENATE OF THE UNITED STATES March 15, 2023 Mr. Peters Ms. Collins Ms. Lummis Mr. Welch Committee on Homeland Security and Governmental Affairs A BILL To add the Consumer Product Safety Commission to the list of agencies required to be represented on the PFAS interagency working group. 1. Short title This Act may be cited as the Protecting Consumers from PFAS Act 2. PFAS interagency working group Section 332(b) of William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 ( 15 U.S.C. 8963(b) (1) in paragraph (19), by striking and (2) by redesignating paragraph (20) as paragraph (21); and (3) by inserting after paragraph (19), the following: (20) the Consumer Product Safety Commission; and .

Protecting Consumers from PFAS Act

Modification to Department of Defense Travel Authorities for Abortion-Related Expenses Act of 2023 This bill requires the Department of Defense (DOD) to provide Congress with a briefing or report that assesses certain DOD policies and practices regarding abortion care for members of the Armed Forces. Among other elements, the briefing or report must assess the legality of DOD implementing policies that allow members of the Armed Forces to seek elective abortions or other medical procedures that are not covered by DOD. The report or briefing must assess the legality with respect to certain existing requirements and prohibitions related to abortion and family planning services. DOD must take necessary precautions to prevent the disclosure of any personal identifiable information of individuals included in the assessment for the briefing or report.

118 S822 IS: Modification to Department of Defense Travel Authorities for Abortion-Related Expenses Act of 2023 U.S. Senate 2023-03-15 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 118th CONGRESS 1st Session S. 822 IN THE SENATE OF THE UNITED STATES March 15, 2023 Ms. Ernst Mr. Wicker Mr. Daines Mr. Cramer Mrs. Blackburn Mr. Budd Mr. Tillis Mr. Scott of Florida Mr. Hawley Mr. Lee Mrs. Hyde-Smith Mr. Braun Mr. Cotton Mr. Graham Mr. Ricketts Mr. Hoeven Mr. Lankford Mr. Kennedy Mr. Tuberville Mr. Risch Mr. Vance Mr. Crapo Mr. Barrasso Mr. Cornyn Mr. Boozman Mrs. Britt Mrs. Fischer Mr. Rubio Mr. Thune Mr. Scott of South Carolina Mr. Cassidy Mr. Hagerty Ms. Lummis Mr. Rounds Mr. Schmitt Mr. Mullin Mr. Sullivan Committee on Armed Services A BILL To terminate the Department of Defense memorandum relating to access to abortions, to prohibit the use of travel and transportation allowances, medical convalescent leave, and administrative absences to travel to obtain abortions, and for other purposes. 1. Short title This Act may be cited as the Modification to Department of Defense Travel Authorities for Abortion-Related Expenses Act of 2023 2. Termination of Department of Defense memorandum relating to access to abortions (a) Sense of Congress It is the sense of Congress that— (1) consistent with section 1093 of title 10, United States Code, the Department of Defense may not use any funds for abortions except in a case in which the life of the mother would be endangered if the fetus were carried to term or in which the pregnancy is the result of an act of rape or incest; (2) the Secretary of Defense has no legal authority to implement any policies under which funds are to be used for that purpose; and (3) the Department of Defense memorandum entitled Ensuring Access to Reproductive Health Care (b) Termination of memorandum (1) In general The Department of Defense memorandum entitled Ensuring Access to Reproductive Health Care (2) Prohibition on availability of funds to carry out memorandum None of the funds authorized to be appropriated or otherwise made available to the Department of Defense may be obligated or expended to carry out the memorandum described in paragraph (1) or any successor to such memorandum. 3. Prohibition on provision of travel and transportation allowances to obtain abortions (a) In general Section 452 of title 37, United States Code, is amended by adding at the end the following new subsection: (j) Prohibition on allowances To obtain abortions The Secretary of Defense may not provide transportation-, lodging-, meals-in-kind, or any actual or necessary expenses of travel or transportation, for, or in connection with, official travel under circumstances as specified in regulations prescribed under section 464 of this title for a member of the Armed Forces or a dependent of such a member seeking an abortion or any abortion-related service, except in a case in which the life of the mother would be endangered if the fetus were carried to term or the pregnancy is the result of an act of rape or incest. . (b) Prohibition on considering limited access to abortions as unusual, extraordinary, hardship, or emergency circumstances Section 453(d) of title 37, United States Code, is amended— (1) by inserting (1) An authorized traveler (2) by adding at the end the following new paragraph: (2) The access of a member of the Armed Forces or a dependent of such a member to an abortion or abortion-related services being limited because of the duty location of the member does not constitute an unusual, extraordinary, hardship, or emergency circumstance for the purposes of section 452 of title 37, United States Code, except in a case in which the life of the mother would be endangered if the fetus were carried to term or the pregnancy is the result of an act of rape or incest. . 4. Prohibition on use of medical convalescent leave or administrative absences for travel to obtain abortions (a) In general Chapter 40 section 701 701a. Prohibition on use of medical convalescent leave or administrative absences for travel to obtain abortions A member of the Armed Forces may not take convalescent leave under section 701(m) or use an administrative absence for travel for the purposes of obtaining an abortion or abortion-related service, except in a case in which the life of the mother would be endangered if the fetus were carried to term or the pregnancy is the result of an act of rape or incest. . (b) Clerical amendment The table of sections at the beginning of chapter 40 of such title is amended by inserting after the item relating to section 701 the following new item: 701a. Prohibition on use of medical convalescent leave or administrative absences for travel to obtain abortions. . 5. Rule of construction (a) In general Nothing in this Act or an amendment made by this Act may be construed to affect the treatment of any infection, injury, disease, or disorder that has been caused by or exacerbated by the performance of an abortion. (b) Applicability Subsection (a) applies without regard to whether— (1) the abortion was performed in accordance with Federal or State law; or (2) funding for the abortion is permissible under section 1093 of title 10, United States Code.

Modification to Department of Defense Travel Authorities for Abortion-Related Expenses Act of 2023

National Risk Management Act of 2023 This bill requires the Cybersecurity and Infrastructure Security Agency of the Department of Homeland Security (DHS) to establish a recurring process to identify and assess risks to critical infrastructure and requires the President to deliver to Congress a national critical infrastructure resilience strategy designed to address the risks identified. The process shall include elements to collect relevant information from Sector Risk Management Agencies relating to the threats, vulnerabilities, and consequences related to the particular sectors of such agencies; allow critical infrastructure owners and operators to submit relevant information to DHS for consideration; and outline how DHS will solicit input from other federal departments and agencies. DHS must brief the Senate and House homeland security committees on the national risk management cycle activities undertaken pursuant to the strategy, and the amounts and timeline for funding that DHS has determined would be necessary to address risks and successfully execute the full range of activities proposed by the strategy.

107 S824 IS: National Risk Management Act of 2023 U.S. Senate 2023-03-15 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 118th CONGRESS 1st Session S. 824 IN THE SENATE OF THE UNITED STATES March 15, 2023 Ms. Hassan Mr. Romney Committee on Homeland Security and Governmental Affairs A BILL To require the Secretary of Homeland Security to establish a national risk management cycle, and for other purposes. 1. Short title This Act may be cited as the National Risk Management Act of 2023 2. National risk management cycle (a) In general Subtitle A of title XXII of the Homeland Security Act of 2002 ( 6 U.S.C. 651 et seq. 2220F. National risk management cycle (a) National critical functions defined In this section, the term national critical functions (b) National risk management cycle (1) Risk identification and assessment (A) In general The Secretary, acting through the Director, shall establish a recurring process by which to identify and assess risks to critical infrastructure, considering both cyber and physical threats and the associated likelihoods, vulnerabilities, and consequences. (B) Consultation In establishing the process required under subparagraph (A), the Secretary shall consult— (i) Sector Risk Management Agencies; (ii) critical infrastructure owners and operators; (iii) the Assistant to the President for National Security Affairs; (iv) the Assistant to the President for Homeland Security; and (v) the National Cyber Director. (C) Process elements The process established under subparagraph (A) shall include elements to— (i) collect relevant information, collected pursuant to section 2218, from Sector Risk Management Agencies relating to the threats, vulnerabilities, and consequences related to the particular sectors of those Sector Risk Management Agencies; (ii) allow critical infrastructure owners and operators to submit relevant information to the Secretary for consideration; and (iii) outline how the Secretary will solicit input from other Federal departments and agencies. (D) Publication Not later than 180 days after the date of enactment of this section, the Secretary shall publish in the Federal Register procedures for the process established under subparagraph (A), subject to any redactions the Secretary determines are necessary to protect classified or other sensitive information. (E) Report The Secretary shall submit to the President, the Committee on Homeland Security and Governmental Affairs of the Senate, and the Committee on Homeland Security of the House of Representatives a report on the risks identified by the process established under subparagraph (A)— (i) not later than 1 year after the date of enactment of this section; and (ii) not later than 1 year after the date on which the Secretary submits a periodic evaluation described in section 9002(b)(2) of title XC of division H of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 ( 6 U.S.C. 652a(b)(2) (2) National critical infrastructure resilience strategy (A) In general Not later than 1 year after the date on which the Secretary delivers each report required under paragraph (1), the President shall deliver to majority and minority leaders of the Senate, the Speaker and minority leader of the House of Representatives, the Committee on Homeland Security and Governmental Affairs of the Senate, and the Committee on Homeland Security of the House of Representatives a national critical infrastructure resilience strategy designed to address the risks identified by the Secretary. (B) Elements Each strategy delivered under subparagraph (A) shall— (i) prioritize areas of risk to critical infrastructure that would compromise or disrupt national critical functions impacting national security, economic security, or public health and safety; (ii) assess the implementation of the previous national critical infrastructure resilience strategy, as applicable; (iii) identify and outline current and proposed national-level actions, programs, and efforts, including resource requirements, to be taken to address the risks identified; (iv) identify the Federal departments or agencies responsible for leading each national-level action, program, or effort and the relevant critical infrastructure sectors for each; and (v) request any additional authorities necessary to successfully execute the strategy. (C) Form Each strategy delivered under subparagraph (A) shall be unclassified, but may contain a classified annex. (3) Congressional briefing Not later than 1 year after the date on which the President delivers the first strategy required under paragraph (2)(A), and each year thereafter, the Secretary, in coordination with Sector Risk Management Agencies, shall brief the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Homeland Security of the House of Representatives on— (A) the national risk management cycle activities undertaken pursuant to the strategy delivered under subparagraph (A); and (B) the amounts and timeline for funding that the Secretary has determined would be necessary to address risks and successfully execute the full range of activities proposed by the strategy delivered subparagraph (A). . (b) Technical and conforming amendment The table of contents in section 1(b) of the Homeland Security Act of 2002 ( Public Law 107–296 Sec. 2220F. National risk management cycle. .

National Risk Management Act of 2023

Protecting Consumers from Bailouts Act This bill places limitations on special assessments imposed by the Federal Deposit Insurance Corporation (FDIC) on banks. (After the FDIC assists an institution in an emergency such as a bank failure, these special assessments are levied by the FDIC to recover costs.) The bill also grants the FDIC authority to recover certain compensation paid to an officer. Specifically, the bill prohibits the FDIC from imposing a special assessment on banks with assets under $10 billion. The bill also prohibits depository institutions that are required to pay a special assessment in connection with the March 2023 emergency involving Silicon Valley Bank and Signature Bank from increasing customer fees or charges to offset these costs. The bill also grants the FDIC the authority to seek reimbursement of any incentive-based compensation paid during the previous year to an officer of an institution in FDIC receivership.

118 S825 IS: Protecting Consumers from Bailouts Act U.S. Senate 2023-03-15 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 118th CONGRESS 1st Session S. 825 IN THE SENATE OF THE UNITED STATES March 15, 2023 Mr. Hawley Mr. Braun Committee on Banking, Housing, and Urban Affairs A BILL To provide limitations of special assessments on community banks, and for other purposes. 1. Short title This Act may be cited as the Protecting Consumers from Bailouts Act 2. Limitation on special assessments on community banks (a) In general The Federal Deposit Insurance Corporation may not impose an assessment on any bank with less than $10,000,000,000 in total assets in imposing a special assessment under section 13(c)(4)(G)(ii) of the Federal Deposit Insurance Act ( 12 U.S.C. 1823(c)(4)(G)(ii) (b) Prohibition on increase of fees to customers (1) In general No institution required to pay a special assessment under section 13(c)(4)(G)(ii) of the Federal Deposit Insurance Act ( 12 U.S.C. 1823(c)(4)(G)(ii) (2) Civil penalty A violation of paragraph (1) shall constitute a failure to pay an assessment under section 18(h) of the Federal Deposit Insurance Act ( 12 U.S.C. 1828(h) 3. FDIC bonus clawback authority Section 23(c)(4)(G) of the Federal Deposit Insurance Act ( 12 U.S.C. 1823(c)(4)(G) (vi) Incentive-based compensation claw back (I) Definition In this clause: (aa) Incentive-based compensation The term incentive-based compensation (bb) Officer The term officer (II) Clawback (aa) In general If the Corporation takes other action or provides assistance under this subparagraph, the Corporation shall have authority to seek reimbursement to the Deposit Insurance Fund any amount of incentive-based compensation paid to an officer of an insured depository institution for which the Corporation is appointed receiver during the 1-year period ending on the date on which such appointment is made. (bb) Civil penalty Any officer who fails to reimburse the Deposit Insurance Fund under item (aa) shall be liable to the United States for a civil penalty equal to 3 times the amount of the incentive-based compensation received by the officer. .

Protecting Consumers from Bailouts Act

International Nuclear Energy Act of 2023 This bill addresses U.S. cooperation with other nations on nuclear energy-related issues. For example, the bill requires the President to launch an international initiative to modernize outreach to embarking civil nuclear nations, which may include establishing cooperative financing relationships for the export of civil nuclear technology and materials; the President, in coordination with international partners, to hold a biennial conference on civil nuclear safety, security, safeguards, and sustainability; the Department of State to meet with ally or partner nations for the purpose of collaborating on research, development, licensing, and deployment of advanced nuclear reactor technologies for civil nuclear energy; the State Department to provide financial assistance to embarking civil nuclear nations for developing civil nuclear energy programs; and the establishment of a working group to develop a 10-year civil nuclear trade strategy with biennial targets for the export of civil nuclear technologies.

118 S826 IS: International Nuclear Energy Act of 2023 U.S. Senate 2023-03-15 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 118th CONGRESS 1st Session S. 826 IN THE SENATE OF THE UNITED STATES March 15, 2023 Mr. Manchin Mr. Risch Committee on Foreign Relations A BILL To facilitate the development of a whole-of-government strategy for nuclear cooperation and nuclear exports. 1. Short title This Act may be cited as the International Nuclear Energy Act of 2023 2. Definitions In this Act: (1) Advanced nuclear reactor The term advanced nuclear reactor (A) a nuclear fission reactor, including a prototype plant (as defined in sections 50.2 and 52.1 of title 10, Code of Federal Regulations (or successor regulations)), with significant improvements compared to reactors operating on October 19, 2016, including improvements such as— (i) additional inherent safety features; (ii) lower waste yields; (iii) improved fuel and material performance; (iv) increased tolerance to loss of fuel cooling; (v) enhanced reliability or improved resilience; (vi) increased proliferation resistance; (vii) increased thermal efficiency; (viii) reduced consumption of cooling water and other environmental impacts; (ix) the ability to integrate into electric applications and nonelectric applications; (x) modular sizes to allow for deployment that corresponds with the demand for electricity or process heat; and (xi) operational flexibility to respond to changes in demand for electricity or process heat and to complement integration with intermittent renewable energy or energy storage; (B) a fusion reactor; and (C) a radioisotope power system that utilizes heat from radioactive decay to generate energy. (2) Ally or partner nation The term ally or partner nation (A) the Government of any country that is a member of the Organisation for Economic Co-operation and Development; (B) the Government of the Republic of India; and (C) the Government of any country designated as an ally or partner nation by the Secretary of State for purposes of this Act. (3) Appropriate committees of Congress The term appropriate committees of Congress (A) the Committees on Foreign Relations and Energy and Natural Resources of the Senate; and (B) the Committees on Foreign Affairs and Energy and Commerce of the House of Representatives. (4) Assistant The term Assistant (5) Associated entity The term associated entity (A) is owned, controlled, or operated by— (i) an ally or partner nation; or (ii) an associated individual; or (B) is organized under the laws of, or otherwise subject to the jurisdiction of, a country described in paragraph (2), including a corporation that is incorporated in a country described in that paragraph. (6) Associated individual The term associated individual (7) Civil nuclear The term civil nuclear (A) nuclear plant construction; (B) nuclear fuel services; (C) nuclear energy financing; (D) nuclear plant operations; (E) nuclear plant regulation; (F) nuclear medicine; (G) nuclear safety; (H) community engagement in areas in reasonable proximity to nuclear sites; (I) infrastructure support for nuclear energy; (J) nuclear plant decommissioning; (K) nuclear liability; (L) safe storage and safe disposal of spent nuclear fuel; (M) environmental safeguards; (N) nuclear nonproliferation and security; and (O) technology related to the matters described in subparagraphs (A) through (N). (8) Embarking civil nuclear nation (A) In general The term embarking civil nuclear nation (i) does not have a civil nuclear energy program; (ii) is in the process of developing or expanding a civil nuclear energy program, including safeguards and a legal and regulatory framework, for— (I) nuclear safety; (II) nuclear security; (III) radioactive waste management; (IV) civil nuclear energy; (V) environmental safeguards; (VI) community engagement in areas in reasonable proximity to nuclear sites; (VII) nuclear liability; or (VIII) advanced nuclear reactor licensing; (iii) is in the process of selecting, developing, constructing, or utilizing advanced light water reactors, advanced nuclear reactors, or advanced civil nuclear technologies; or (iv) had an annual per capita gross domestic product of not more than $28,000 in 2020. (B) Exclusions The term embarking civil nuclear nation (i) the People’s Republic of China; (ii) the Russian Federation; (iii) the Republic of Belarus; (iv) the Islamic Republic of Iran; (v) the Democratic People’s Republic of Korea; (vi) the Republic of Cuba; (vii) the Bolivarian Republic of Venezuela; (viii) the Syrian Arab Republic; (ix) Burma; or (x) any other country— (I) the property or interests in property of the government of which are blocked pursuant to the International Emergency Economic Powers Act ( 50 U.S.C. 1701 et seq. (II) the government of which the Secretary of State has determined has repeatedly provided support for acts of international terrorism for purposes of— (aa) section 620A(a) of the Foreign Assistance Act of 1961 ( 22 U.S.C. 2371(a) (bb) section 40(d) of the Arms Export Control Act ( 22 U.S.C. 2780(d) (cc) section 1754(c)(1)(A)(i) of the Export Control Reform Act of 2018 ( 50 U.S.C. 4813(c)(1)(A)(i) (dd) any other relevant provision of law. (9) Nuclear safety The term nuclear safety (A) the safe operation of nuclear reactors and other nuclear facilities; (B) radiological protection of— (i) members of the public; (ii) workers; and (iii) the environment; (C) nuclear waste management; (D) emergency preparedness; (E) nuclear liability; and (F) the safe transportation of nuclear materials. (10) Secretary The term Secretary (11) Spent nuclear fuel The term spent nuclear fuel 42 U.S.C. 10101 (12) U.S. nuclear energy company The term U.S. nuclear energy company (A) is organized under the laws of, or otherwise subject to the jurisdiction of, the United States; and (B) is involved in the nuclear energy industry. 3. Civil nuclear coordination and strategy (a) White House focal point on civil nuclear coordination (1) Sense of Congress Given the critical importance of developing and implementing, with input from various agencies throughout the executive branch, a cohesive policy with respect to international efforts related to civil nuclear energy, it is the sense of Congress that— (A) there should be a focal point within the White House, which may, if determined to be appropriate, report to the National Security Council, for coordination on issues relating to those efforts; (B) to provide that focal point, the President should establish, within the Executive Office of the President, an office, to be known as the Office of the Assistant to the President and Director for International Nuclear Energy Policy Office (C) the Office should act as a coordinating office for— (i) international civil nuclear cooperation; and (ii) civil nuclear export strategy; (D) the Office should be headed by an individual appointed as an Assistant to the President with the title of Director for International Nuclear Energy Policy (E) the Office should— (i) coordinate civil nuclear export policies for the United States; (ii) develop, in coordination with the officials described in paragraph (2), a cohesive Federal strategy for engagement with foreign governments (including ally or partner nations and the governments of embarking civil nuclear nations), associated entities, and associated individuals with respect to civil nuclear exports; (iii) coordinate with the officials described in paragraph (2) to ensure that necessary framework agreements and trade controls relating to civil nuclear materials and technologies are in place for key markets; and (iv) develop— (I) a whole-of-government coordinating strategy for civil nuclear cooperation; (II) a whole-of-government strategy for civil nuclear exports; and (III) a whole-of-government approach to support appropriate foreign investment in civil nuclear energy projects supported by the United States in embarking civil nuclear nations. (2) Officials described The officials referred to in paragraph (1)(E) are— (A) the appropriate officials of— (i) the Department of State; (ii) the Department of Energy; (iii) the Department of Commerce; (iv) the Department of Transportation; (v) the Nuclear Regulatory Commission; (vi) the Department of Defense; (vii) the National Security Council; (viii) the National Economic Council; (ix) the Office of the United States Trade Representative; (x) the Office of Management and Budget; (xi) the Office of the Director of National Intelligence; (xii) the Export-Import Bank of the United States; (xiii) the United States International Development Finance Corporation; (xiv) the United States Agency for International Development; (xv) the United States Trade and Development Agency; (xvi) the Office of Science and Technology Policy; and (xvii) any other Federal agency that the President determines to be appropriate; and (B) appropriate officials representing foreign countries and governments, including— (i) ally or partner nations; (ii) embarking civil nuclear nations; and (iii) any other country or government that the Assistant (if appointed) and the officials described in subparagraph (A) jointly determine to be appropriate. (b) Nuclear Exports Working Group (1) Establishment There is established a working group, to be known as the Nuclear Exports Working Group working group (2) Composition The working group shall be composed of— (A) senior-level Federal officials, selected internally by the applicable Federal agency or organization, from— (i) the Department of State; (ii) the Department of Commerce; (iii) the Department of Energy; (iv) the Department of the Treasury; (v) the Export-Import Bank of the United States; (vi) the United States International Development Finance Corporation; (vii) the Nuclear Regulatory Commission; (viii) the Office of the United States Trade Representative; and (ix) the United States Trade and Development Agency; and (B) other senior-level Federal officials, selected internally by the applicable Federal agency or organization, from any other Federal agency or organization that the Secretary determines to be appropriate. (3) Reporting The working group shall report to the appropriate White House official, which may be the Assistant (if appointed). (4) Duties The working group shall coordinate, not less frequently than quarterly, with the Civil Nuclear Trade Advisory Committee of the Department of Commerce, the Nuclear Energy Advisory Committee of the Department of Energy, and other advisory or stakeholder groups, as necessary, to maintain an accurate and up-to-date knowledge of the standing of civil nuclear exports from the United States, including with respect to meeting the targets established as part of the 10-year civil nuclear trade strategy described in paragraph (5)(A). (5) Strategy (A) In general Not later than 1 year after the date of enactment of this Act, the working group shall establish a 10-year civil nuclear trade strategy, including biennial targets for the export of civil nuclear technologies, including light water and non-light water reactors and associated equipment and technologies, civil nuclear materials, and nuclear fuel that align with meeting international energy demand while seeking to avoid or reduce emissions. (B) Collaboration required In establishing the strategy under subparagraph (A), the working group shall collaborate with— (i) the Secretary; (ii) the Secretary of Commerce; (iii) the Secretary of State; (iv) the Secretary of the Treasury; (v) the Nuclear Regulatory Commission; (vi) the President of the Export-Import Bank of the United States; (vii) the Chief Executive Officer of the United States International Development Finance Corporation; (viii) the United States Trade Representative; and (ix) representatives of private industry. 4. Engagement with ally or partner nations (a) In general The President shall launch, in accordance with applicable nuclear technology export laws (including regulations), an international initiative to modernize the civil nuclear outreach to embarking civil nuclear nations. (b) Financing In carrying out the initiative described in subsection (a), the President, acting through an appropriate Federal official, who may be the Assistant (if appointed) or the Chief Executive Officer of the International Development Finance Corporation, if determined to be appropriate, and in coordination with the officials described in section 3(a)(2), may, if the President determines to be appropriate, seek to establish cooperative financing relationships for the export of civil nuclear technology, components, materials, and infrastructure to embarking civil nuclear nations. (c) Activities In carrying out the initiative described in subsection (a), the President shall— (1) assist nongovernmental organizations and appropriate offices, administrations, agencies, laboratories, and programs of the Department of Energy and other relevant Federal agencies and offices in providing education and training to foreign governments in nuclear safety, security, and safeguards— (A) through engagement with the International Atomic Energy Agency; or (B) independently, if the applicable entity determines that it would be more advantageous under the circumstances to provide the applicable education and training independently; (2) assist the efforts of the International Atomic Energy Agency to expand the support provided by the International Atomic Energy Agency to embarking civil nuclear nations for nuclear safety, security, and safeguards; (3) coordinate the work of the Chief Executive Officer of the United States International Development Finance Corporation and the Export-Import Bank of the United States to expand outreach to the private investment community to create public-private financing relationships to assist in the adoption of civil nuclear technologies by embarking civil nuclear nations, including through exports from the United States; (4) seek to better coordinate, to the maximum extent practicable, the work carried out by each of— (A) the Nuclear Regulatory Commission; (B) the Department of Energy; (C) the Department of Commerce; (D) the Nuclear Energy Agency; (E) the International Atomic Energy Agency; and (F) the nuclear regulatory agencies and organizations of embarking civil nuclear nations and ally or partner nations; and (5) coordinate the work of the Export-Import Bank of the United States to improve the efficient and effective exporting and importing of civil nuclear technologies and materials. 5. Cooperative financing relationships with ally or partner nations and embarking civil nuclear nations (a) In general The President shall designate an appropriate White House official, who may be the Assistant (if appointed), and the Chief Executive Officer of the United States International Development Finance Corporation to coordinate with the officials described in section 3(a)(2) to develop, as the President determines to be appropriate, financing relationships with ally or partner nations to assist in the adoption of civil nuclear technologies exported from the United States or ally or partner nations to embarking civil nuclear nations. (b) United States competitiveness clauses (1) Definition of United States competitiveness clause In this subsection, the term United States competitiveness clause (A) a cooperative agreement; (B) a cooperative research and development agreement; and (C) a patent waiver. (2) Consideration In carrying out subsection (a), the relevant officials described in that subsection shall consider the impact of United States competitiveness clauses on any financing relationships entered into or proposed to be entered into under that subsection. (3) Waiver The Secretary shall facilitate waivers of United States competitiveness clauses as necessary to facilitate financing relationships with ally or partner nations under subsection (a). 6. Cooperation with ally or partner nations on advanced nuclear reactor demonstration and cooperative research facilities for civil nuclear energy (a) In general Not later than 2 years after the date of enactment of this Act, the Secretary of State, in coordination with the Secretary and the Secretary of Commerce, shall conduct bilateral and multilateral meetings with not fewer than 5 ally or partner nations, with the aim of enhancing nuclear energy cooperation among those ally or partner nations and the United States, for the purpose of developing collaborative relationships with respect to research, development, licensing, and deployment of advanced nuclear reactor technologies for civil nuclear energy. (b) Requirement The meetings described in subsection (a) shall include— (1) a focus on cooperation to demonstrate and deploy advanced nuclear reactors, with an emphasis on U.S. nuclear energy companies, during the 10-year period beginning on the date of enactment of this Act to provide options for addressing energy security and climate change; and (2) a focus on developing a memorandum of understanding or any other appropriate agreement between the United States and ally or partner nations with respect to— (A) the demonstration and deployment of advanced nuclear reactors; and (B) the development of cooperative research facilities. (c) Financing arrangements In conducting the meetings described in subsection (a), the Secretary of State, in coordination with the Secretary and the Secretary of Commerce, shall seek to develop financing arrangements to share the costs of the demonstration and deployment of advanced nuclear reactors and the development of cooperative research facilities with the ally or partner nations participating in those meetings. (d) Report Not later than 1 year after the date of enactment of this Act, the Secretary, the Secretary of State, and the Secretary of Commerce shall jointly submit to Congress a report highlighting potential partners— (1) for the establishment of cost-share arrangements described in subsection (c); or (2) with which the United States may enter into agreements with respect to— (A) the demonstration of advanced nuclear reactors; or (B) cooperative research facilities. 7. International civil nuclear energy cooperation Section 959B of the Energy Policy Act of 2005 ( 42 U.S.C. 16279b (1) in the matter preceding paragraph (1), by striking The Secretary (a) In general The Secretary ; (2) in subsection (a) (as so designated)— (A) in paragraph (1)— (i) by striking financing, (ii) by striking and (B) in paragraph (2)— (i) in subparagraph (A), by striking preparations for (ii) in subparagraph (C)(v), by striking the period at the end and inserting a semicolon; and (C) by adding at the end the following: (3) to support, in coordination with the Secretary of State, the safe, secure, and peaceful use of civil nuclear technology in countries developing nuclear energy programs, with a focus on countries that have increased civil nuclear cooperation with the Russian Federation or the People’s Republic of China; and (4) to promote the fullest utilization of the reactors, fuel, equipment, services, and technology of U.S. nuclear energy companies (as defined in section 2 of the International Nuclear Energy Act of 2023 (A) bilateral and multilateral arrangements developed and executed in coordination with the Secretary of State that contain commitments for the utilization of the reactors, fuel, equipment, services, and technology of U.S. nuclear energy companies (as defined in that section); (B) the designation of 1 or more U.S. nuclear energy companies (as defined in that section) to implement an arrangement under subparagraph (A) if the Secretary determines that the designation is necessary and appropriate to achieve the objectives of this section; (C) the waiver of any provision of law relating to competition with respect to any activity related to an arrangement under subparagraph (A) if the Secretary, in consultation with the Attorney General and the Secretary of Commerce, determines that a waiver is necessary and appropriate to achieve the objectives of this section; and (D) the issuance of loans, loan guarantees, other financial assistance, or assistance in the form of an equity interest to carry out activities related to an arrangement under subparagraph (A), to the extent appropriated funds are available. ; and (3) by adding at the end the following: (b) Requirements The program under subsection (a) shall be supported in consultation with the Secretary of State and implemented by the Secretary— (1) to facilitate, to the maximum extent practicable, workshops and expert-based exchanges to engage industry, stakeholders, and foreign governments with respect to international civil nuclear issues, such as— (A) training; (B) financing; (C) safety; (D) security; (E) safeguards; (F) liability; (G) advanced fuels; (H) operations; and (I) options for multinational cooperation with respect to the disposal of spent nuclear fuel (as defined in section 2 of the Nuclear Waste Policy Act of 1982 ( 42 U.S.C. 10101 (2) in coordination with— (A) the National Security Council; (B) the Secretary of State; (C) the Secretary of Commerce; and (D) the Nuclear Regulatory Commission. (c) Authorization of appropriations There is authorized to be appropriated to the Secretary to carry out subsection (a)(3) $15,500,000 for each of fiscal years 2023 through 2027. . 8. International civil nuclear program support (a) In general Not later than 120 days after the date of enactment of this Act, the Secretary of State, in coordination with the Secretary and the Assistant (if appointed), shall launch an international initiative (referred to in this section as the initiative (b) Financial assistance (1) In general In carrying out the initiative, the Secretary of State, in coordination with the Secretary and the Assistant (if appointed), may award grants of financial assistance to embarking civil nuclear nations in accordance with this subsection— (A) for activities relating to the development of civil nuclear energy programs; and (B) to facilitate the building of technical capacities for those activities. (2) Amount The amount of a grant of financial assistance under paragraph (1) shall be not more than $5,500,000. (3) Limitations The Secretary of State, in coordination with the Secretary and the Assistant (if appointed), may award— (A) not more than 1 grant of financial assistance under paragraph (1) to any 1 embarking civil nuclear nation each fiscal year; and (B) not more than a total of 5 grants of financial assistance under paragraph (1) to any 1 embarking civil nuclear nation. (c) Senior advisors (1) In general In carrying out the initiative, the Secretary of State, in coordination with the Secretary and the Assistant (if appointed), may provide financial assistance to an embarking civil nuclear nation for the purpose of contracting with a U.S. nuclear energy company to hire 1 or more senior advisors to assist the embarking civil nuclear nation in establishing a civil nuclear program. (2) Requirement A senior advisor described in paragraph (1) shall have relevant experience and qualifications to advise the embarking civil nuclear nation on, and facilitate on behalf of the embarking civil nuclear nation, 1 or more of the following activities: (A) The development of financing relationships. (B) The development of a standardized financing and project management framework for the construction of nuclear power plants. (C) The development of a standardized licensing framework for— (i) light water civil nuclear technologies; and (ii) non-light water civil nuclear technologies and advanced nuclear reactors. (D) The identification of qualified organizations and service providers. (E) The identification of funds to support payment for services required to develop a civil nuclear program. (F) Market analysis. (G) The identification of the safety, security, safeguards, and nuclear governance required for a civil nuclear program. (H) Risk allocation, risk management, and nuclear liability. (I) Technical assessments of nuclear reactors and technologies. (J) The identification of actions necessary to participate in a global nuclear liability regime based on the Convention on Supplementary Compensation for Nuclear Damage, with Annex, done at Vienna September 12, 1997 (TIAS 15–415). (K) Stakeholder engagement. (L) Management of spent nuclear fuel and nuclear waste. (M) Any other major activities to support the establishment of a civil nuclear program, such as the establishment of export, financing, construction, training, operations, and education requirements. (3) Clarification Financial assistance under this subsection may be provided to an embarking civil nuclear nation in addition to any financial assistance provided to that embarking civil nuclear nation under subsection (b). (d) Limitation on assistance to embarking civil nuclear nations Not later than 1 year after the date of enactment of this Act, the Offices of the Inspectors General for the Department of State and the Department of Energy shall coordinate— (1) to establish and submit to the appropriate committees of Congress a joint strategic plan to conduct comprehensive oversight of activities authorized under this section to prevent fraud, waste, and abuse; and (2) to engage in independent and effective oversight of activities authorized under this section through joint or individual audits, inspections, investigations, or evaluations. (e) Authorization of appropriations There is authorized to be appropriated to the Secretary of State to carry out the initiative $50,000,000 for each of fiscal years 2023 through 2027. 9. Biennial cabinet-level international conference on nuclear safety, security, safeguards, and sustainability (a) In general The President, in coordination with international partners, as determined by the President, and industry, shall hold a biennial conference on civil nuclear safety, security, safeguards, and sustainability (referred to in this section as a conference (b) Conference functions It is the sense of Congress that each conference should— (1) be a forum in which ally or partner nations may engage with each other for the purpose of reinforcing the commitment to— (A) nuclear safety, security, safeguards, and sustainability; (B) environmental safeguards; and (C) local community engagement in areas in reasonable proximity to nuclear sites; and (2) facilitate— (A) the development of— (i) joint commitments and goals to improve— (I) nuclear safety, security, safeguards, and sustainability; (II) environmental safeguards; and (III) local community engagement in areas in reasonable proximity to nuclear sites; (ii) stronger international institutions that support nuclear safety, security, safeguards, and sustainability; (iii) cooperative financing relationships to promote competitive alternatives to Chinese and Russian financing; (iv) a standardized financing and project management framework for the construction of civil nuclear power plants; (v) a standardized licensing framework for civil nuclear technologies; (vi) a strategy to change internal policies of multinational development banks, such as the World Bank, to support the financing of civil nuclear projects; (vii) a document containing any lessons learned from countries that have partnered with the Russian Federation or the People’s Republic of China with respect to civil nuclear power, including any detrimental outcomes resulting from that partnership; and (viii) a global civil nuclear liability regime; (B) cooperation for enhancing the overall aspects of civil nuclear power, such as— (i) nuclear safety, security, safeguards, and sustainability; (ii) nuclear laws (including regulations); (iii) waste management; (iv) quality management systems; (v) technology transfer; (vi) human resources development; (vii) localization; (viii) reactor operations; (ix) nuclear liability; and (x) decommissioning; and (C) the development and determination of the mechanisms described in paragraphs (7) and (8) of section 10(a), if the President intends to establish an Advanced Reactor Coordination and Resource Center as described in that section. (c) Input from industry and government It is the sense of Congress that each conference should include a meeting that convenes nuclear industry leaders and leaders of government agencies with expertise relating to nuclear safety, security, safeguards, or sustainability to discuss best practices relating to— (1) the safe and secure use, storage, and transport of nuclear and radiological materials; (2) managing the evolving cyber threat to nuclear and radiological security; and (3) the role that the nuclear industry should play in nuclear and radiological safety, security, and safeguards, including with respect to the safe and secure use, storage, and transport of nuclear and radiological materials, including spent nuclear fuel and nuclear waste. 10. Advanced Reactor Coordination and Resource Center (a) In general The President shall consider the feasibility of leveraging existing activities or frameworks or, as necessary, establishing a center, to be known as the Advanced Reactor Coordination and Resource Center Center (1) identifying qualified organizations and service providers— (A) for embarking civil nuclear nations; (B) to develop and assemble documents, contracts, and related items required to establish a civil nuclear program; and (C) to develop a standardized model for the establishment of a civil nuclear program that can be used by the International Atomic Energy Agency; (2) coordinating with countries participating in the Center and with the Nuclear Exports Working Group established under section 3(b)— (A) to identify funds to support payment for services required to develop a civil nuclear program; (B) to provide market analysis; and (C) to create— (i) project structure models; (ii) models for electricity market analysis; (iii) models for nonelectric applications market analysis; and (iv) financial models; (3) identifying and developing the safety, security, safeguards, and nuclear governance required for a civil nuclear program; (4) supporting multinational regulatory standards to be developed by countries with civil nuclear programs and experience; (5) developing and strengthening communications, engagement, and consensus-building; (6) carrying out any other major activities to support export, financing, education, construction, training, and education requirements relating to the establishment of a civil nuclear program; (7) developing mechanisms for how to fund and staff the Center; and (8) determining mechanisms for the selection of the location or locations of the Center. (b) Objective The President shall carry out subsection (a) with the objective of establishing the Center if the President determines that it is feasible to do so. 11. Investment by allies and partners of the United States (a) Commercial licenses Section 103 d. of the Atomic Energy Act of 1954 ( 42 U.S.C. 2133(d) (1) by inserting for a production facility No license (2) by striking any any any (b) Medical therapy and research development licenses Section 104 d. of the Atomic Energy Act of 1954 ( 42 U.S.C. 2134(d) for a production facility No license 12. Strategic Infrastructure Fund Working Group (a) Establishment There is established a working group, to be known as the Strategic Infrastructure Fund Working Group working group (b) Composition The working group shall be— (1) led by a White House official, who may be the Assistant (if appointed), who shall serve as the White House focal point with respect to matters relating to the working group; and (2) composed of— (A) senior-level Federal officials, selected by the head of the applicable Federal agency or organization, from— (i) the Department of State; (ii) the Department of the Treasury; (iii) the Department of Commerce; (iv) the Department of Energy; (v) the Export-Import Bank of the United States; (vi) the United States International Development Finance Corporation; and (vii) the Nuclear Regulatory Commission; (B) other senior-level Federal officials, selected by the head of the applicable Federal agency or organization, from any other Federal agency or organization that the Secretary determines to be appropriate; and (C) any senior-level Federal official selected by the White House official described in paragraph (1) from any Federal agency or organization. (c) Reporting The working group shall report to the National Security Council. (d) Duties The working group shall— (1) provide direction and advice to the officials described in section 3(a)(2)(A) and appropriate Federal agencies, as determined by the working group, with respect to the establishment of a Strategic Infrastructure Fund (referred to in this subsection as the Fund (A) to support those aspects of projects relating to— (i) civil nuclear technologies; and (ii) microprocessors; and (B) for strategic investments identified by the working group; and (2) address critical areas in determining the appropriate design for the Fund, including— (A) transfer of assets to the Fund; (B) transfer of assets from the Fund; (C) how assets in the Fund should be invested; and (D) governance and implementation of the Fund. (e) Report required (1) In general Not later than 1 year after the date of the enactment of this Act, the working group shall submit to the committees described in paragraph (2) a report on the findings of the working group that includes suggested legislative text for how to establish and structure a Strategic Infrastructure Fund. (2) Committees described The committees referred to in paragraph (1) are— (A) the Committee on Foreign Relations, the Committee on Commerce, Science, and Transportation, the Committee on Armed Services, the Committee on Energy and Natural Resources, the Committee on Environment and Public Works, and the Committee on Finance of the Senate; and (B) the Committee on Foreign Affairs, the Committee on Energy and Commerce, the Committee on Armed Services, the Committee on Science, Space, and Technology, and the Committee on Ways and Means of the House of Representatives. (3) Administration of the Fund The report submitted under paragraph (1) shall include suggested legislative language requiring all expenditures from a Strategic Infrastructure Fund established in accordance with this section to be administered by the Secretary of State (or a designee of the Secretary of State). 13. Joint assessment between the United States and India on nuclear liability rules (a) In general The Secretary of State, in consultation with the heads of other relevant Federal departments and agencies, shall establish and maintain within the U.S.-India Strategic Security Dialogue a joint consultative mechanism with the Government of the Republic of India that convenes on a recurring basis— (1) to assess the implementation of the Agreement for Cooperation between the Government of the United States of America and the Government of India Concerning Peaceful Uses of Nuclear Energy, signed at Washington October 10, 2008 (TIAS 08–1206); (2) to discuss opportunities for the Republic of India to align domestic nuclear liability rules with international norms; and (3) to develop a strategy for the United States and the Republic of India to pursue bilateral and multilateral diplomatic engagements related to analyzing and implementing those opportunities. (b) Report Not later than 180 days after the date of the enactment of this Act, and annually thereafter for 5 years, the Secretary of State, in consultation with the heads of other relevant Federal departments and agencies, shall submit to the appropriate committees of Congress a report that describes the joint assessment developed pursuant to subsection (a)(1).

International Nuclear Energy Act of 2023

Communications Security Act This bill provides statutory authority and sets forth membership requirements for a council that provides advice and recommendations to the Federal Communications Commission regarding ways to increase the security, reliability, and interoperability of communications networks. The bill further stipulates that an existing advisory committee may constitute the council if, within 90 days, the committee's membership aligns with the membership requirements for the council.

118 S828 IS: Communications Security Act U.S. Senate 2023-03-15 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 118th CONGRESS 1st Session S. 828 IN THE SENATE OF THE UNITED STATES March 15, 2023 Mr. Peters Mr. Moran Committee on Commerce, Science, and Transportation A BILL To codify and authorize the Federal Communications Commission’s establishment of a council to make recommendations on ways to increase the security, reliability, and interoperability of communications networks, and for other purposes. 1. Short title This Act may be cited as the Communications Security Act 2. Council on Communications Security, Reliability, and Interoperability (a) Codification and establishment (1) In general Not later than 90 days after the date of enactment of this Act, the Commission shall establish a council to advise the Commission on issues including the security, reliability, and interoperability of communications networks. (2) Existing advisory committee Any Federal advisory committee of the Commission that is operating on the date of enactment of this Act under a charter filed in accordance with section 1008(c) of title 5, United States Code, for the purpose of addressing the issues described in paragraph (1) of this subsection shall satisfy the requirement under that paragraph if, not later than 90 days after that date, the membership of the Federal advisory committee is modified, as necessary, to comply with subsection (b) of this section. (b) Membership (1) Appointment The members of the Council shall be appointed by the Chair. (2) Composition The Chair shall appoint as members of the Council the following: (A) Representatives of companies or relevant trade associations in the communications industry with facilities in the United States, except entities that are determined by the Chair to be not trusted, including, at minimum— (i) 1 representative of a national wireless provider; (ii) 1 representative of a national wireline provider; (iii) 1 representative of a national cable provider; (iv) 1 representative of a national satellite provider; and (v) 1 representative of an equipment manufacturer. (B) Representatives of government, including, at minimum— (i) 1 representative of the Federal Government, including not less than 1 representative of the Department of Homeland Security; and (ii) 1 representative of a State government, local government, or Tribal government, including not less than 1 representative from each type of government, if feasible. (C) Representatives of public interest organizations or academic institutions, except public interest organizations or academic institutions that are determined by the Chair to be not trusted, provided that not more than 1/3 (3) Knowledge and experience Each member of the Council shall have knowledge and experience relevant to the purpose and goals of the Council. (4) Terms (A) In general Each member of the Council shall be appointed for a term of 2 years, except as provided in subparagraph (B). (B) Vacancies Any member appointed to fill a vacancy occurring before the expiration of the term for which the member's predecessor was appointed shall be appointed only for the remainder of that term. A member may serve after the expiration of that member's term until a successor has taken office. (c) Consultation The Chair may consult with the Secretary of Homeland Security as the Chair determines appropriate to enable coordination on matters pertaining to the Council. (d) Duration Section 1013(a)(2) of title 5, United States Code, (relating to the termination of advisory committees) shall not apply to the Council. (e) Definitions In this section: (1) Chair The term Chair (2) Commission The term Commission (3) Council The term Council (4) Not trusted The term not trusted (A) the Chair has made a public determination that such entity is owned by, controlled by, or subject to the influence of a foreign adversary; or (B) the Chair determines that such entity poses a threat to the national security of the United States, using solely the criteria described in paragraphs (1) through (4) of section 2(c) of the Secure and Trusted Communications Networks Act of 2019 ( 47 U.S.C. 1601(c) (5) State The term State 47 U.S.C. 153

Communications Security Act

Transnational Repression Policy Act This bill seeks to reduce transnational repression (the actions of foreign governments to intimidate, silence, or harm members of diaspora and exile communities to prevent them from exercising their human rights). This bill requires the President to impose property- and visa-blocking sanctions on certain foreign persons (individuals and entities) that directly engage in transnational repression. This bill also requires the Department of State to develop a strategy to promote initiatives that (1) enhance international awareness of transnational repression; (2) address transnational repression, including by raising the costs of perpetrating repressive activities and by protecting targeted individuals and groups; and (3) conduct outreach to those targeted by foreign governments. Additionally, the State Department and the Department of Justice must provide training to certain individuals (e.g., relevant federal employees and law enforcement partners) on specified aspects of transnational repression. The bill also directs the intelligence community to prioritize, to the extent feasible, the identification of those perpetrating transnational repression against communities in the United States.

116 S831 IS: Transnational Repression Policy Act U.S. Senate 2023-03-16 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 118th CONGRESS 1st Session S. 831 IN THE SENATE OF THE UNITED STATES March 16, 2023 Mr. Merkley Mr. Rubio Mr. Cardin Mr. Hagerty Committee on Foreign Relations A BILL To address transnational repression by foreign governments against private individuals, and for other purposes. 1. Short title; table of contents (a) Short title This Act may be cited as the Transnational Repression Policy Act (b) Table of contents The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Findings. Sec. 3. Statement of policy. Sec. 4. Amendments to annual country reports on human rights practices. Sec. 5. Interagency strategy to address transnational repression in United States and abroad. Sec. 6. Training. Sec. 7. Intelligence gathering. Sec. 8. Department of Homeland Security and Department of Justice initiatives to combat transnational repression in the United States. Sec. 9. Imposition of sanctions relating to transnational repression. 2. Findings Congress finds the following: (1) Transnational repression against individuals who live outside their countries of origin, prominent or vocal anti-regime figures, and persons who provide aid and support to dissidents— (A) is a human rights violation that seeks to stifle dissent and enhance control over exile, activist, emigrant, and diaspora communities; and (B) can take the form of— (i) extrajudicial killings; (ii) physical assaults and intimidation; (iii) unlawful detentions; (iv) unlawful renditions; (v) unlawful deportations; (vi) unexplained or enforced disappearances; (vii) physical or online surveillance or stalking; (viii) unwarranted passport cancellation or control over other identification documents; (ix) INTERPOL abuse; (x) intimidation by diplomatic personnel, government officials, or proxies; (xi) unlawful asset freezes; (xii) digital threats, such as cyberattacks, targeted surveillance and spyware, online harassment, and intimidation; (xiii) coercion by proxy, such as harassment of, or threats or harm to, family and associates of such private individuals who remain in the country of origin; and (xiv) slander and libel to discredit individuals. (2) Governments perpetrating transnational repression often pressure host countries, especially— (A) through threats to condition foreign assistance or other pressure campaigns on lawmakers in host countries, such as threats— (i) to withdraw foreign students from their universities; and (ii) to induce them to enact policies that repress emigrant and diaspora communities; and (B) by offering financial and material assistance to host countries to harass and intimidate emigrant and diaspora communities. (3) Transnational repression is a threat to individuals, democratic institutions, the exercise of rights and freedoms, and national security and sovereignty. (4) Authoritarian governments increasingly rely on transnational repression as their consolidation of control at home pushes dissidents abroad. (5) The spread of digital technologies provides new tools for censoring, surveilling, and targeting individuals deemed to be threats across international borders, especially dissidents pushed abroad who themselves rely on communications technology to amplify their messages, which can often lead to physical attacks and coercion by proxy. (6) Many acts of transnational repression are undertaken through cooperation of, or cooperation with, authorities in the host country, most notably by taking advantage of other States’ concerns about terrorism to accuse the targeted individual of terrorism or extremism. (7) Authoritarian actors routinely attempt to deter and silence the voices of dissident and exile communities at international fora, as documented by the United Nations Assistant Secretary-General for Human Rights in the Secretary-General’s annual report on reprisals to the United Nations Human Rights Council. (8) The principle of non-refoulement, which is explicitly included in the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, done at New York December 10, 1984— (A) forms an essential protection under international law; and (B) prohibits countries from expelling or returning an individual to another country where the individual’s life or freedom would be threatened on account of the individual’s race, religion, nationality, membership in a particular social group, or political opinion, or due to substantial grounds for believing that the individual would be at risk of torture. 3. Statement of policy It is the policy of the United States— (1) to protect persons in the United States and United States persons outside of the United States from undue foreign harassment, intimidation, coercion, and surveillance in accordance with section 6 of the Arms Export Control Act ( 22 U.S.C. 2756 (2) to pursue criminal prosecutions, as appropriate, and carry out other steps, such as facilitating mutual legal assistance and other forms of international cooperation with like-minded partners, in accordance with United States law, to hold foreign governments and individuals accountable when they stalk, publish false narratives online with the intent to unlawfully intimidate, harass, coerce, or assault people in the United States or United States persons outside of the United States or collect information while acting as a foreign agent in the United States without notifying United States authorities; and (3) to prohibit the arrest or seizure of assets of any individual based solely on an INTERPOL Red Notice or Diffusion issued by another INTERPOL member country for such individual because such notices do not meet the requirements of the Fourth Amendment to the Constitution of the United States. 4. Amendments to annual country reports on human rights practices Section 116 of the Foreign Assistance Act of 1961 ( 22 U.S.C. 2151n (h) Use of transnational repression The country reports required under subsection (d) shall, as applicable— (1) describe incidents in which a government has harassed, intimidated, or killed individuals outside of their internationally recognized borders and document patterns of such repression among repeat offenders; (2) identify the countries in which such repression occurs and the roles of the host government in enabling, preventing, mitigating, and responding to such acts; (3) describe the tactics used by the countries identified pursuant to paragraph (2), including the actions identified in section 2(1) and any new techniques observed; and (4) in the case of digital surveillance and harassment, specify the type of technology or platform, including social media, smart city technology, health tracking systems, general surveillance technology, and data access, transfer, and storage procedures, used by the countries for such actions. . 5. Interagency strategy to address transnational repression in United States and abroad (a) In general Not later than 270 days after the date of the enactment of this Act, the Secretary of State, in coordination with the heads of other appropriate Federal departments and agencies, shall submit a report to the Committee on Foreign Relations of the Senate Committee on the Judiciary of the Senate Committee on Foreign Affairs of the House of Representatives Committee on the Judiciary of the House of Representatives (1) enhance international awareness of transnational repression; (2) address transnational repression, including through raising the costs of such activities for perpetrating governments and protecting targeted individuals and groups; (3) conduct regular outreach (whether through government agencies or civil society organizations) with diaspora communities and other people who have been targeted by foreign governments regarding the transnational threats they face within the United States and around the world and the resources available to them without putting them at further risk; and (4) develop policy and programmatic-related responses based on input from the communities and people referred to in paragraph (3) and regularly seek and consider credible information obtained by nongovernmental organizations working on issues of transnational repression. (b) Matters To be included (1) Diplomacy The strategy required under subsection (a) shall include— (A) a plan developed in consultation with like-minded partner governments, civil society, the business community, and other entities for advancing and promoting— (i) the rule of law and human rights globally with respect to the use of surveillance technology and export licensing policy regarding such technology; and (ii) safeguards to prevent the access, use, and storage of personal digital data by governments and technology companies for the purposes of transnational repression; (B) public affairs, public diplomacy, and counter-messaging efforts, including through the use of the voice, vote, and influence of the United States at international bodies— (i) to promote awareness; (ii) to develop a common understanding; and (iii) to draw critical attention to and oppose acts of transnational repression; (C) a plan for establishing or strengthening regional and international coalitions— (i) to monitor cases of transnational repression, including reprisals when human rights defenders and other activists face reprisals for engaging at multilateral organizations, such as the United Nations; and (ii) to create or strengthen emergency alert mechanisms for key stakeholders within the international community that can engage in public or private diplomacy to address emergency cases of transnational repression, including cases involving individuals and their family members who are at serious risk of rendition, disappearance, unlawful deportation, refoulement, or other actions; (D) an analysis of the advantages and disadvantages of working with partners and allies to push for the establishment of a special rapporteur for transnational repression at the United Nations; and (E) a plan for engaging with diplomats and consular officials who abuse their positions by intimidating, threatening, attacking, or otherwise undermining the human rights and fundamental freedoms of exiles and members of diasporas in the United States. (2) Assistance programming The strategy required under subsection (a) shall include— (A) ways in which the United States Government has previously and will continue to provide support to civil society organizations in the United States and in countries in which transnational repression occurs— (i) to improve the documentation, investigation, and research of cases, trends, and tactics of transnational repression, including— (I) any potential for misusing security tools to target individual dissidents, activists, or journalists; and (II) ramifications of transnational repression in undermining United States policy or assistance efforts to promote internationally recognized human rights and democracy overseas; and (ii) to promote the transparency of the host country decision-making processes, including instances in which law enforcement actions against victims of transnational repression occurred because of INTERPOL red notices or extradition treaties; and (B) a description of new or existing emergency assistance mechanisms, including the Fundamental Freedoms Fund and the Lifeline Embattled CSO Assistance Fund, to aid at-risk groups, communities, and individuals, and victims of transnational repression in the United States and in countries in which transnational repression occurs to address— (i) physical security installation and support; (ii) operational support of organizations providing assistance to at-risk groups, communities, and individuals; (iii) psychosocial and psycho-emotional support; (iv) medical assistance, subject to the limitations of the Foreign Assistance Act of 1961 ( 22 U.S.C. 2151 et seq. (v) digital security installation and support; (vi) support and training beyond basic digital hygiene training, including emergency response to cyberattacks and enhanced capacity to deter surveillance and monitoring by malicious actors; (vii) relocation support; (viii) legal advice and assistance; and (ix) trainings to build on their existing capacities so they can continue their activism. (3) Law enforcement in the united states The strategy required under subsection (a) shall include— (A) the consideration of updates to United States law to directly address certain tactics of transnational repression, including— (i) the criminalization of the gathering of information about private individuals in diaspora and exile communities on behalf of a foreign power that is intending to harass, intimidate, or harm an individual in order to prevent their exercise of internationally recognized human rights; and (ii) the expansion of the definition of foreign agents under the Foreign Registrations Act of 1938 ( 22 U.S.C. 611 et seq. (B) ways in which the Federal Bureau of Investigation coordinates with the Department of State, the Department of Homeland Security, United States intelligence agencies, and domestic law enforcement agencies in partner countries in responding to transnational repression; (C) full consideration of unintended negative impacts of such expanded legal authorities on the civil liberties of communities targeted by transnational repression, taking into account the views of such affected communities; (D) the development of specific outreach strategies to connect law enforcement, other agencies, and local municipal officials with targeted diaspora communities to ensure that individuals who are vulnerable to transnational repression are aware of the Federal and local resources available to them without putting them at further risk; and (E) examining and reviewing the steps taken to address the legality of foreign governments establishing overseas police stations to monitor members of the diaspora. (c) Additional matters To be included In addition to the matters set forth in subsection (b), the report required under subsection (a) shall include— (1) to the extent practicable, a list of— (A) the governments that perpetrate transnational repression most often and the host countries that such governments are targeting most often; (B) the host governments that cooperate most often with the governments on transnational repression actions referred to in subparagraph (A); (C) any individuals, whether United States citizens or foreign nationals, who are complicit in transnational repression as agents of a foreign government referred to in subparagraph (A) who are operating in the United States; (D) refugees, asylum seekers, and populations that are most vulnerable to transnational repression in the United States and, to the extent possible, in foreign countries; (E) entities that are exporting dual-use spyware technology to any of the governments referred to in subparagraph (A); (F) entities that are buying and selling personally identifiable information that can be used to track and surveil potential victims; and (G) entities that are exporting items on the Commerce Control List (as set forth in Supplement No. 1 to part 774 of the Export Administration Regulations under subchapter C of chapter VII of title 15, Code of Federal Regulations) to any governments referred to in subparagraph (a) that can be misused for human rights abuses; (2) an assessment of how data that is purchased by governments most often perpetrating transnational repression is utilized; and (3) a description of any actions taken by the United States Government to address transnational repression under existing law, including— (A) section 212(a)(3)(C) of the Immigration and Nationality Act ( 8 U.S.C. 1182(a)(3)(C) (B) section 1263 of the Global Magnitsky Human Rights Accountability Act ( 22 U.S.C. 2656 (C) the interim final rule issued by the Bureau of Industry and Security of the Department of Commerce relating to Information Security Controls: Cybersecurity Items (D) section 7031(c) of the Department of State, Foreign Operations, and Related Programs Appropriations Act, 2020 (division G of Public Law 116–94 8 U.S.C. 1182 (E) prosecutions and the statutory authority authorizing such prosecutions; (F) establishing specific bureaucratic structures focused on transnational repression; (G) which agencies are conducting outreach to victims of transnational repression and the form of such outreach; (H) the challenges of intelligence agencies in identifying transnational repression threats and perpetrators; and (I) United States technology companies that knowingly or unknowingly employ, or provide access to information to, foreign intelligence officers. (d) Form The report required under subsection (a) shall be submitted in unclassified form, but may include a classified annex, if necessary. (e) Updates The Secretary of State shall provide the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives with annual updates of the strategy required under subsection (a). 6. Training (a) Department of State personnel (1) In general In order to provide United States diplomats and personnel stationed around the world with the level of understanding to recognize and combat transnational repression, the Secretary of State, in consultation with civil society and the business community, shall provide training to such members of the Foreign Service, including chiefs of mission, regarding transnational repression, including training on— (A) how to identify different tactics of transnational repression in physical and nonphysical forms; (B) which governments are known to employ transnational repression most frequently; (C) which governments are most likely to cooperate with governments on transnational repression-related actions referred to in subparagraph (B); and (D) tools of digital surveillance and other cyber tools used to carry out transnational repression activities. (2) Authorization of appropriations There is authorized to be appropriated $1,000,000 for each of the fiscal years 2024 through 2027, to develop and implement the curriculum described in paragraph (1). (b) United States officials responsible for domestic threats of transnational repression (1) In general In order to achieve an adequate level of understanding to recognize and combat transnational repression, the Attorney General, in consultation with the Secretary of Homeland Security, the Director of National Intelligence, civil society, and the business community, shall provide the training recipients referred to in paragraph (2) with training regarding transnational repression, including training on— (A) how to identify different tactics of transnational repression in physical and nonphysical forms; (B) which governments are known to employ transnational repression most frequently; (C) which communities and locations in the United States are most vulnerable to transnational repression; (D) tools of digital surveillance and other cyber tools used to carry out transnational repression activities; (E) espionage and foreign agent laws; and (F) how foreign governments may try to coopt the immigration system. (2) Training recipients The training recipients referred to in this paragraph include, to the extent deemed appropriate and necessary by their respective agency heads in the case of any Federal employee— (A) employees of— (i) the Department of Homeland Security, including U.S. Customs and Border Protection, U.S. Citizenship and Immigration Services, and U.S. Immigration and Customs Enforcement; (ii) the Department of Justice, including the Federal Bureau of Investigation; and (iii) the Office of Refugee Resettlement of the Department of Health and Human Services; (B) other Federal, State, and local law enforcement and municipal officials receiving instruction at the Federal Law Enforcement Training Center; and (C) appropriate private sector and community partners of the Federal Bureau of Investigation. (3) Authorization of appropriations There is authorized to be appropriated $1,000,000 for each of the fiscal years 2024 through 2027, to develop and provide the curriculum and training described in paragraph (1). 7. Intelligence gathering The intelligence community (as defined in section 3 of the National Security Act of 1947 ( 50 U.S.C. 3003 (1) to prioritize, to the extent feasible, the identification of individuals, networks, and tools that are used for perpetrating transnational repression against communities in the United States on behalf of foreign governments; (2) to share relevant and appropriate information with like-minded partners; and (3) to effectively coordinate such efforts with the Federal Bureau of Investigation, the Department of Homeland Security, the Office of the Director of National Intelligence, and the Department of State. 8. Department of Homeland Security and Department of Justice initiatives to combat transnational repression in the United States (a) In general The Secretary of Homeland Security and the Attorney General, in consultation with the Director of the Federal Bureau of Investigation, shall— (1) dedicate resources to ensure that a tip line for victims and witnesses of transnational repression— (A) is staffed by people who are— (i) equipped with cultural and linguistic ability to communicate effectively with diaspora and exile communities; and (ii) knowledgeable of the tactics of transnational repression; (B) is encrypted and, to the maximum extent practicable, protects the confidentiality of the identifying information of individuals who may call the tip line; (2) not later than 270 days after the date of the enactment of this Act— (A) identify existing Federal resources to assist and protect individuals and communities targeted by transnational repression in the United States; and (B) in cooperation with the Secretary of Health and Human Services and the heads of other Federal agencies, publish such resources in a toolkit or guide; (3) continue to conduct proactive outreach so that individuals in targeted communities— (A) are aware of the tip line described in paragraph (1); and (B) are informed about the types of incidents that should be reported to the Federal Bureau of Investigation; (4) support data collection and analysis undertaken by Federal research and development centers regarding the needs of targeted communities in the United States, with the goal of identifying priority needs and developing solutions and assistance mechanisms, while recognizing that such mechanisms may differ depending on geographic location of targeted communities, language, and other factors; (5) continue to issue advisories to, and engage regularly with, communities that are at particular risk of transnational repression, including specific diaspora communities— (A) to explain what transnational repression is and clarify the threshold at which incidents of transnational repression constitute a crime; and (B) to identify the resources available to individuals in targeted communities to facilitate their reporting of, and to protect them from, transnational repression, without placing such individuals at additional risk; and (6) conduct annual trainings with caseworker staff in congressional offices regarding the tactics of transnational repression and the resources available to their constituents. (b) Authorization of appropriations There is authorized to be appropriated $1,000,000 for each of the fiscal years 2024 through 2027, for the research, development, outreach, and training activities described in subsection (a). 9. Imposition of sanctions relating to transnational repression (a) Definitions In this section: (1) Admission; admitted; alien; lawfully admitted for permanent residence The terms admission admitted alien lawfully admitted for permanent residence 8 U.S.C. 1101 (2) Appropriate congressional committees The term appropriate congressional committees (A) the Committee on Foreign Relations of the Senate (B) the Committee on Banking, Housing, and Urban Affairs of the Senate (C) the Committee on Foreign Affairs of the House of Representatives (D) the Committee on Financial Services of the House of Representatives (3) Foreign person The term foreign person (4) Transnational repression The term transnational repression (5) United states person The term United States person (A) a United States citizen or an alien lawfully admitted for permanent residence to the United States; (B) an entity organized under the laws of the United States or the laws of any jurisdiction within the United States, including a foreign branch of such an entity; and (C) any person who is physically present in the United States. (b) Report required (1) In general Not later than 180 days after the date of the enactment of this Act, and not less frequently than annually thereafter, the Secretary of State shall submit a report to the appropriate congressional committees that, except as provided in paragraph (2), identifies each foreign person that the President determines has, on or after the date of the enactment of this Act, whether knowingly or unknowingly, directly engaged in transnational repression. (2) Exception The report required under paragraph (1) shall not identify individuals if such identification would interfere with law enforcement efforts. (3) Explanation If a foreign person identified in the report required under paragraph (1) is not subject to sanctions under section (c), the report shall explain, to the extent practicable, the reasons such sanctions were not imposed on such person. (4) Form The report required under paragraph (1) shall be submitted in unclassified form, but may include a classified annex. (c) Imposition of sanctions Except as provided in subsection (b)(3), the President shall impose 1 or more of the sanctions described in subsection (d) with respect to each foreign person identified in the report required under subsection (b)(1). (d) Sanctions described The sanctions described in this subsection are the following: (1) Property blocking The President shall exercise all of the powers granted to the President under section 203 through 207 of the International Emergency Economic Powers Act ( 50 U.S.C. 1702 et seq. (2) Ineligibility for visas, admission, or parole (A) Visas, admission, or parole An alien described in subsection (b)(1) is— (i) inadmissible to the United States; (ii) ineligible to receive a visa or other documentation to enter the United States; and (iii) otherwise ineligible to be admitted or paroled into the United States or to receive any other benefit under the Immigration and Nationality Act ( 8 U.S.C. 1101 et seq. (B) Current visas revoked (i) In general An alien described in subsection (b)(1) is subject to revocation of any visa or other entry documentation of the alien, regardless of when the visa or other entry documentation is or was issued. (ii) Immediate effect A revocation under clause (i) shall, in accordance with section 221(i) of the Immigration and Nationality Act, 8 U.S.C. 1201(i) (I) take effect immediately; and (II) automatically cancel any other valid visa or entry documentation that is in the alien’s possession. (e) Implementation; penalties (1) Implementation The President may exercise all authorities provided under sections 203 and 205 of the International Emergency Economic Powers Act (50 U.S.C. 1702 and 1704) to carry out this section. (2) Penalties A person that violates, attempts to violate, conspires to violate, or causes a violation of this section or any regulation, license, or order issued to carry out this section shall be subject to the penalties set forth in subsections (b) and (c) of section 206 of the International Emergency Economic Powers Act ( 50 U.S.C. 1705 (f) Sanctions The President is authorized to impose sanctions as provided under the Global Magnitsky Human Rights Accountability Act ( 22 U.S.C. 10101 et seq. (g) Waiver (1) In general The President may waive the application of sanctions authorized under this section with respect to a foreign person if the President determines and certifies to the appropriate congressional committees that such a waiver is in the national interests of the United States. (2) Annual report The President shall provide an annual report to Congress that— (A) lists every waiver granted under paragraph (1); and (B) provides a justification for each such waiver. (h) Exceptions (1) Exception for intelligence activities Sanctions under this section shall not apply to any activity subject to the reporting requirements under title V of the National Security Act of 1947 ( 50 U.S.C. 3091 et seq. (2) Exception to comply with international obligations and for law enforcement activities Sanctions under subsection (d)(2) shall not apply with respect to an alien if admitting or paroling the alien into the United States is necessary— (A) to permit the United States to comply with the Agreement regarding the Headquarters of the United Nations, signed at Lake Success June 26, 1947, and entered into force November 21, 1947, between the United Nations and the United States, or other applicable international obligations; or (B) to carry out or assist law enforcement activity in the United States. (3) Exception relating to importation of goods (A) In general The requirement to impose sanctions under this section shall not include the authority or a requirement to impose sanctions on the importation of goods. (B) Good defined In this paragraph, the term good (i) Sunset This section, and any sanctions imposed under this section, shall terminate on the date that is 5 years after the date of the enactment of this Act.

Transnational Repression Policy Act

International Port Security Enforcement Act This bill prohibits the Coast Guard from cooperating with a state sponsor of terrorism or foreign terrorist organization when assessing anti-terrorism security measures at a foreign port. It also requires the Coast Guard to apply sanctions to a port controlled by a state sponsor of terrorism. The bill specifies that the Coast Guard cannot (1) adopt a port security assessment conducted by a state sponsor of terrorism, or (2) enter into an agreement with a state sponsor of terrorism or foreign terrorist organization to assess a port's security measures or share information related to such an assessment. If a port is under the jurisdiction of a state sponsor of terrorism, the Coast Guard must deem the port to not have effective anti-terrorism measures and apply certain sanctions, such as requiring vessels arriving from the port to meet certain conditions for entry into the United States.

118 S832 IS: International Port Security Enforcement Act U.S. Senate 2023-03-16 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 118th CONGRESS 1st Session S. 832 IN THE SENATE OF THE UNITED STATES March 16, 2023 Mr. Rubio Mr. Scott of Florida Committee on Commerce, Science, and Transportation A BILL To amend section 70108 of title 46, United States Code, to prohibit the Secretary of the Department in which the United States Coast Guard is operating from entering into an agreement relating to assessing the effectiveness of antiterrorism measures at a foreign port with any foreign government that is a state sponsor of terrorism, and for other purposes. 1. Short title This Act may be cited as the International Port Security Enforcement Act 2. Foreign port security assessments Section 70108 of title 46, United States Code, is amended— (1) in subsection (f)— (A) in paragraph (1), by striking provided that (A) the Secretary certifies that the foreign government or international organization— (i) has conducted the assessment in accordance with subsection (b); and (ii) has provided the Secretary with sufficient information pertaining to its assessment (including information regarding the outcome of the assessment); and (B) the foreign government that conducted the assessment is not a state sponsor of terrorism (as defined in section 3316(h). ; and (B) by amending paragraph (3) to read as follows: (3) Limitations Nothing in this section may be construed— (A) to require the Secretary to treat an assessment conducted by a foreign government or an international organization as an assessment that satisfies the requirement under subsection (a); (B) to limit the discretion or ability of the Secretary to conduct an assessment under this section; (C) to limit the authority of the Secretary to repatriate aliens to their respective countries of origin; or (D) to prevent the Secretary from requesting security and safety measures that the Secretary considers necessary to safeguard Coast Guard personnel during the repatriation of aliens to their respective countries of origin. ; and (2) by adding at the end the following: (g) State sponsors of terrorism and international terrorist organizations The Secretary— (1) may not enter into an agreement under subsection (f)(2) with— (A) a foreign government that is a state sponsor of terrorism; or (B) a foreign terrorist organization; and (2) shall— (A) deem any port that is under the jurisdiction of a foreign government that is a state sponsor of terrorism as not having effective antiterrorism measures for purposes of this section and section 70109; and (B) immediately apply the sanctions described in section 70110(a) to such port. .

International Port Security Enforcement Act

Sunshine in the Courtroom Act of 2023 This bill establishes a framework to allow federal court proceedings—in district courts, in circuit courts, and at the Supreme Court—to be photographed, recorded, broadcast, or televised. Specifically, it authorizes the presiding judge to permit media coverage of court proceedings, subject to requirements and limitations.

118 S833 IS: Sunshine in the Courtroom Act of 2023 U.S. Senate 2023-03-16 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 118th CONGRESS 1st Session S. 833 IN THE SENATE OF THE UNITED STATES March 16, 2023 Mr. Grassley Ms. Klobuchar Mr. Durbin Mr. Blumenthal Mr. Markey Mr. Cornyn Committee on the Judiciary A BILL To provide for media coverage of Federal court proceedings. 1. Short title This Act may be cited as the Sunshine in the Courtroom Act of 2023 2. Federal appellate and district courts (a) Definitions In this section: (1) Presiding judge The term presiding judge (A) in en banc sittings of any United States circuit court of appeals, the presiding judge shall be the chief judge of the circuit whenever the chief judge participates; and (B) in en banc sittings of the Supreme Court of the United States, the presiding judge shall be the Chief Justice whenever the Chief Justice participates. (2) Appellate court of the united states The term appellate court of the United States (b) Authority of presiding judge To allow media coverage of court proceedings (1) Authority of appellate courts (A) In general Except as provided under subparagraph (B), the presiding judge of an appellate court of the United States may, at the discretion of that judge, permit the photographing, electronic recording, broadcasting, or televising to the public of any court proceeding over which that judge presides. (B) Exception The presiding judge shall not permit any action under subparagraph (A), if— (i) in the case of a proceeding involving only the presiding judge, that judge determines the action would constitute a violation of the due process rights of any party; or (ii) in the case of a proceeding involving the participation of more than one judge, a majority of the judges participating determine that the action would constitute a violation of the due process rights of any party. (2) Authority of district courts (A) In general (i) Authority Notwithstanding any other provision of law, except as provided under clause (iii), the presiding judge of a district court of the United States may, at the discretion of that judge, permit the photographing, electronic recording, broadcasting, or televising to the public of any court proceeding over which that judge presides. (ii) Obscuring of witnesses Except as provided under clause (iii)— (I) upon the request of any witness (other than a party) in a trial proceeding, the court shall order the face and voice of the witness to be disguised or otherwise obscured in such manner as to render the witness unrecognizable to the broadcast audience of the trial proceeding; and (II) the presiding judge in a trial proceeding shall inform each witness who is not a party that the witness has the right to request the image and voice of that witness to be obscured during the testimony of the witness. (iii) Exception The presiding judge shall not permit any action under this subparagraph— (I) if that judge determines the action would constitute a violation of the due process rights of any party; and (II) until the Judicial Conference of the United States promulgates mandatory guidelines under paragraph (5). (B) No media coverage of jurors The presiding judge shall not permit the photographing, electronic recording, broadcasting, or televising of any juror in a trial proceeding, or of the jury selection process. (C) Discretion of the judge The presiding judge shall have the discretion to obscure the face and voice of an individual, if good cause is shown that the photographing, electronic recording, broadcasting, or televising of the individual would threaten— (i) the safety of the individual; (ii) the security of the court; (iii) the integrity of future or ongoing law enforcement operations; or (iv) the interest of justice. (D) Sunset of district court authority The authority under this paragraph shall terminate 3 years after the date of the enactment of this Act. (3) Interlocutory appeals barred The decision of the presiding judge under this subsection of whether or not to permit, deny, or terminate the photographing, electronic recording, broadcasting, or televising of a court proceeding may not be challenged through an interlocutory appeal. (4) Advisory Guidelines The Judicial Conference of the United States may promulgate advisory guidelines to which a presiding judge, at the discretion of that judge, may refer in making decisions with respect to the management and administration of photographing, recording, broadcasting, or televising described under paragraphs (1) and (2). (5) Mandatory guidelines Not later than 6 months after the date of enactment of this Act, the Judicial Conference of the United States shall promulgate mandatory guidelines that a presiding judge is required to follow for obscuring of certain vulnerable witnesses, including crime victims, minor victims, families of victims, cooperating witnesses, undercover law enforcement officers or agents, witnesses subject to section 3521 of title 18, United States Code, relating to witness relocation and protection, or minors under the age of 18 years. The guidelines shall include procedures for determining, at the earliest practicable time in any investigation or case, which witnesses should be considered vulnerable under this section. (6) Procedures In the interests of justice and fairness, the presiding judge of the court in which media use is desired has discretion to promulgate rules and disciplinary measures for the courtroom use of any form of media or media equipment and the acquisition or distribution of any of the images or sounds obtained in the courtroom. The presiding judge shall also have discretion to require written acknowledgment of the rules by anyone individually or on behalf of any entity before being allowed to acquire any images or sounds from the courtroom. (7) No broadcast of conferences between attorneys and clients There shall be no audio pickup or broadcast of conferences which occur in a court proceeding between attorneys and their clients, between co-counsel of a client, between adverse counsel, or between counsel and the presiding judge, if the conferences are not part of the official record of the proceedings. (8) Expenses A court may require that any accommodations to effectuate this Act be made without public expense. (9) Inherent authority Nothing in this Act shall limit the inherent authority of a court to protect witnesses or clear the courtroom to preserve the decorum and integrity of the legal process or protect the safety of an individual.

Sunshine in the Courtroom Act of 2023

Stronger Enforcement of Civil Penalties Act of 2023 This bill increases the maximum civil and administrative monetary penalties for securities laws violations. The bill also adds a fourth tier of monetary penalties for violations by a person who, within the five-year period preceding the violation (1) was criminally convicted for securities fraud; or (2) became subject to a judgment or order imposing monetary, equitable, or administrative relief in a Securities and Exchange Commission (SEC) action alleging fraud. In addition, the bill expands penalties for violations of certain federal court injunctions or SEC orders.

118 S837 IS: Stronger Enforcement of Civil Penalties Act of 2023 U.S. Senate 2023-03-16 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 118th CONGRESS 1st Session S. 837 IN THE SENATE OF THE UNITED STATES March 16, 2023 Mr. Reed Mr. Grassley Committee on Banking, Housing, and Urban Affairs A BILL To enhance civil penalties under the Federal securities laws, and for other purposes. 1. Short title This Act may be cited as the Stronger Enforcement of Civil Penalties Act of 2023 2. Updated civil money penalties for securities laws violations (a) Securities Act of 1933 (1) Money penalties in administrative actions Section 8A(g)(2) of the Securities Act of 1933 ( 15 U.S.C. 77h–1(g)(2) (A) in subparagraph (A)— (i) by striking $7,500 $10,000 (ii) by striking $75,000 $100,000 (B) in subparagraph (B)— (i) by striking $75,000 $100,000 (ii) by striking $375,000 $500,000 (C) by striking subparagraph (C) and inserting the following: (C) Third tier (i) In general Notwithstanding subparagraphs (A) and (B), for a third tier act or omission, the amount of penalty for each such act or omission shall not exceed the greater of— (I) $1,000,000 for a natural person or $10,000,000 for any other person; (II) 3 times the gross amount of pecuniary gain to the person who committed the act or omission; or (III) the amount of losses incurred by victims as a result of the act or omission. (ii) Third tier act or omission For the purposes of this subparagraph, the term third tier act or omission (I) involved fraud, deceit, manipulation, or deliberate or reckless disregard of a regulatory requirement; and (II) directly or indirectly— (aa) resulted in substantial losses to other persons; (bb) created a significant risk of substantial losses to other persons; or (cc) resulted in substantial pecuniary gain to the person who committed the act or omission. . (2) Money penalties in civil actions Section 20(d)(2) of the Securities Act of 1933 ( 15 U.S.C. 77t(d)(2) (A) in subparagraph (A)— (i) by striking $5,000 $10,000 (ii) by striking $50,000 $100,000 (B) in subparagraph (B)— (i) by striking $50,000 $100,000 (ii) by striking $250,000 $500,000 (C) by striking subparagraph (C) and inserting the following: (C) Third tier (i) In general Notwithstanding subparagraphs (A) and (B), for a third tier violation, the amount of penalty for each such violation shall not exceed the greater of— (I) $1,000,000 for a natural person or $10,000,000 for any other person; (II) 3 times the gross amount of pecuniary gain to the person who committed the violation; or (III) the amount of losses incurred by victims as a result of the violation. (ii) Third tier violation For the purposes of this subparagraph, the term third tier violation (I) involved fraud, deceit, manipulation, or deliberate or reckless disregard of a regulatory requirement; and (II) directly or indirectly— (aa) resulted in substantial losses to other persons; (bb) created a significant risk of substantial losses to other persons; or (cc) resulted in substantial pecuniary gain to the person who committed the violation. . (b) Securities Exchange Act of 1934 (1) Money penalties in civil actions Section 21(d)(3)(B) of the Securities Exchange Act of 1934 ( 15 U.S.C. 78u(d)(3)(B) (A) in clause (i)— (i) by striking $5,000 $10,000 (ii) by striking $50,000 $100,000 (B) in clause (ii)— (i) by striking $50,000 $100,000 (ii) by striking $250,000 $500,000 (C) by striking clause (iii) and inserting the following: (iii) Third tier (I) In general Notwithstanding clauses (i) and (ii), for a third tier violation, the amount of penalty for each such violation shall not exceed the greater of— (aa) $1,000,000 for a natural person or $10,000,000 for any other person; (bb) 3 times the gross amount of pecuniary gain to the person who committed the violation; or (cc) the amount of losses incurred by victims as a result of the violation. (II) Third tier violation For the purposes of this clause, the term third tier violation (aa) involved fraud, deceit, manipulation, or deliberate or reckless disregard of a regulatory requirement; and (bb) directly or indirectly— (AA) resulted in substantial losses to other persons; (BB) created a significant risk of substantial losses to other persons; or (CC) resulted in substantial pecuniary gain to the person who committed the violation. . (2) Money penalties in administrative actions Section 21B(b) of the Securities Exchange Act of 1934 ( 15 U.S.C. 78u–2(b) (A) in paragraph (1)— (i) by striking $5,000 $10,000 (ii) by striking $50,000 $100,000 (B) in paragraph (2)— (i) by striking $50,000 $100,000 (ii) by striking $250,000 $500,000 (C) by striking paragraph (3) and inserting the following: (3) Third tier (A) In general Notwithstanding paragraphs (1) and (2), for a third tier act or omission, the amount of penalty for each such act or omission shall not exceed the greater of— (i) $1,000,000 for a natural person or $10,000,000 for any other person; (ii) 3 times the gross amount of pecuniary gain to the person who committed the act or omission; or (iii) the amount of losses incurred by victims as a result of the act or omission. (B) Third tier act or omission For the purposes of this paragraph, the term third tier act or omission (i) involved fraud, deceit, manipulation, or deliberate or reckless disregard of a regulatory requirement; and (ii) directly or indirectly— (I) resulted in substantial losses to other persons; (II) created a significant risk of substantial losses to other persons; or (III) resulted in substantial pecuniary gain to the person who committed the act or omission. . (c) Investment Company Act of 1940 (1) Money penalties in administrative actions Section 9(d)(2) of the Investment Company Act of 1940 ( 15 U.S.C. 80a–9(d)(2) (A) in subparagraph (A)— (i) by striking $5,000 $10,000 (ii) by striking $50,000 $100,000 (B) in subparagraph (B)— (i) by striking $50,000 $100,000 (ii) by striking $250,000 $500,000 (C) by striking subparagraph (C) and inserting the following: (C) Third tier (i) In general Notwithstanding subparagraphs (A) and (B), for a third tier act or omission, the amount of penalty for each such act or omission shall not exceed the greater of— (I) $1,000,000 for a natural person or $10,000,000 for any other person; (II) 3 times the gross amount of pecuniary gain to the person who committed the act or omission; or (III) the amount of losses incurred by victims as a result of the act or omission. (ii) Third tier act or omission For the purposes of this subparagraph, the term third tier act or omission (I) involved fraud, deceit, manipulation, or deliberate or reckless disregard of a regulatory requirement; and (II) directly or indirectly— (aa) resulted in substantial losses to other persons; (bb) created a significant risk of substantial losses to other persons; or (cc) resulted in substantial pecuniary gain to the person who committed the act or omission. . (2) Money penalties in civil actions Section 42(e)(2) of the Investment Company Act of 1940 ( 15 U.S.C. 80a–41(e)(2) (A) in subparagraph (A)— (i) by striking $5,000 $10,000 (ii) by striking $50,000 $100,000 (B) in subparagraph (B)— (i) by striking $50,000 $100,000 (ii) by striking $250,000 $500,000 (C) by striking subparagraph (C) and inserting the following: (C) Third tier (i) In general Notwithstanding subparagraphs (A) and (B), for a third tier violation, the amount of penalty for each such violation shall not exceed the greater of— (I) $1,000,000 for a natural person or $10,000,000 for any other person; (II) 3 times the gross amount of pecuniary gain to the person who committed the violation; or (III) the amount of losses incurred by victims as a result of the violation. (ii) Third tier violation For the purposes of this subparagraph, the term third tier violation (I) involved fraud, deceit, manipulation, or deliberate or reckless disregard of a regulatory requirement; and (II) directly or indirectly— (aa) resulted in substantial losses to other persons; (bb) created a significant risk of substantial losses to other persons; or (cc) resulted in substantial pecuniary gain to the person who committed the violation. . (d) Investment Advisers Act of 1940 (1) Money penalties in administrative actions Section 203(i)(2) of the Investment Advisers Act of 1940 ( 15 U.S.C. 80b–3(i)(2) (A) in subparagraph (A)— (i) by striking $5,000 $10,000 (ii) by striking $50,000 $100,000 (B) in subparagraph (B)— (i) by striking $50,000 $100,000 (ii) by striking $250,000 $500,000 (C) by striking subparagraph (C) and inserting the following: (C) Third tier (i) In general Notwithstanding subparagraphs (A) and (B), for a third tier act or omission, the amount of penalty for each such act or omission shall not exceed the greater of— (I) $1,000,000 for a natural person or $10,000,000 for any other person; (II) 3 times the gross amount of pecuniary gain to the person who committed the act or omission; or (III) the amount of losses incurred by victims as a result of the act or omission. (ii) Third tier act or omission For the purposes of this subparagraph, the term third tier act or omission (I) involved fraud, deceit, manipulation, or deliberate or reckless disregard of a regulatory requirement; and (II) directly or indirectly— (aa) resulted in substantial losses to other persons; (bb) created a significant risk of substantial losses to other persons; or (cc) resulted in substantial pecuniary gain to the person who committed the act or omission. . (2) Money penalties in civil actions Section 209(e)(2) of the Investment Advisers Act of 1940 ( 15 U.S.C. 80b–9(e)(2) (A) in subparagraph (A)— (i) by striking $5,000 $10,000 (ii) by striking $50,000 $100,000 (B) in subparagraph (B)— (i) by striking $50,000 $100,000 (ii) by striking $250,000 $500,000 (C) by striking subparagraph (C) and inserting the following: (C) Third tier (i) In general Notwithstanding subparagraphs (A) and (B), for a third tier violation, the amount of penalty for each such violation shall not exceed the greater of— (I) $1,000,000 for a natural person or $10,000,000 for any other person; (II) 3 times the gross amount of pecuniary gain to the person who committed the violation; or (III) the amount of losses incurred by victims as a result of the violation. (ii) Third tier violation For the purposes of this subparagraph, the term third tier violation (I) involved fraud, deceit, manipulation, or deliberate or reckless disregard of a regulatory requirement; and (II) directly or indirectly— (aa) resulted in substantial losses to other persons; (bb) created a significant risk of substantial losses to other persons; or (cc) resulted in substantial pecuniary gain to the person who committed the violation. . 3. Penalties for recidivists (a) Securities Act of 1933 (1) Cease-and-desist proceedings Section 8A(g)(2) of the Securities Act of 1933 ( 15 U.S.C. 77h–1(g)(2) (D) Fourth tier Notwithstanding subparagraphs (A), (B), and (C), the maximum amount of penalty for each such act or omission shall be 3 times the otherwise applicable amount in such subparagraphs if, within the 5-year period preceding such act or omission, the person who committed the act or omission was criminally convicted for securities fraud or became subject to a judgment or order imposing monetary, equitable, or administrative relief in any Commission action alleging fraud by that person. . (2) Injunctions and prosecution of offenses Section 20(d)(2) of the Securities Act of 1933 ( 15 U.S.C. 77t(d)(2) (D) Fourth tier Notwithstanding subparagraphs (A), (B), and (C), the maximum amount of penalty for each such violation shall be 3 times the otherwise applicable amount in such subparagraphs if, within the 5-year period preceding such violation, the defendant was criminally convicted for securities fraud or became subject to a judgment or order imposing monetary, equitable, or administrative relief in any Commission action alleging fraud by that defendant. . (b) Securities Exchange Act of 1934 (1) Civil actions Section 21(d)(3)(B) of the Securities Exchange Act of 1934 ( 15 U.S.C. 78u(d)(3)(B) (iv) Fourth tier Notwithstanding clauses (i), (ii), and (iii), the maximum amount of penalty for each such violation shall be 3 times the otherwise applicable amount in such clauses if, within the 5-year period preceding such violation, the defendant was criminally convicted for securities fraud or became subject to a judgment or order imposing monetary, equitable, or administrative relief in any Commission action alleging fraud by that defendant. . (2) Administrative proceedings Section 21B(b) of the Securities Exchange Act of 1934 ( 15 U.S.C. 78u–2(b) (4) Fourth tier Notwithstanding paragraphs (1), (2), and (3), the maximum amount of penalty for each such act or omission shall be 3 times the otherwise applicable amount in such paragraphs if, within the 5-year period preceding such act or omission, the person who committed the act or omission was criminally convicted for securities fraud or became subject to a judgment or order imposing monetary, equitable, or administrative relief in any Commission action alleging fraud by that person. . (c) Investment Company Act of 1940 (1) Ineligibility of certain underwriters and affiliates Section 9(d)(2) of the Investment Company Act of 1940 ( 15 U.S.C. 80a–9(d)(2) (D) Fourth tier Notwithstanding subparagraphs (A), (B), and (C), the maximum amount of penalty for each such act or omission shall be 3 times the otherwise applicable amount in such subparagraphs if, within the 5-year period preceding such act or omission, the person who committed the act or omission was criminally convicted for securities fraud or became subject to a judgment or order imposing monetary, equitable, or administrative relief in any Commission action alleging fraud by that person. . (2) Enforcement Section 42(e)(2) of the Investment Company Act of 1940 ( 15 U.S.C. 80a–41(e)(2) (D) Fourth tier Notwithstanding subparagraphs (A), (B), and (C), the maximum amount of penalty for each such violation shall be 3 times the otherwise applicable amount in such subparagraphs if, within the 5-year period preceding such violation, the defendant was criminally convicted for securities fraud or became subject to a judgment or order imposing monetary, equitable, or administrative relief in any Commission action alleging fraud by that defendant. . (d) Investment Advisers Act of 1940 The Investment Advisers Act of 1940 ( 15 U.S.C. 80b–1 et seq. (1) in section 203(i)(2) ( 15 U.S.C. 80b–3(i)(2) (D) Fourth tier Notwithstanding subparagraphs (A), (B), and (C), the maximum amount of penalty for each such act or omission shall be 3 times the otherwise applicable amount in such subparagraphs if, within the 5-year period preceding such act or omission, the person who committed the act or omission was criminally convicted for securities fraud or became subject to a judgment or order imposing monetary, equitable, or administrative relief in any Commission action alleging fraud by that person. ; and (2) in section 209(e)(2) ( 15 U.S.C. 80b–9(e)(2) (D) Fourth tier Notwithstanding subparagraphs (A), (B), and (C), the maximum amount of penalty for each such violation shall be 3 times the otherwise applicable amount in such subparagraphs if, within the 5-year period preceding such violation, the defendant was criminally convicted for securities fraud or became subject to a judgment or order imposing monetary, equitable, or administrative relief in any Commission action alleging fraud by that defendant. . 4. Violations of injunctions and bars (a) Securities Act of 1933 Section 20(d) of the Securities Act of 1933 ( 15 U.S.C. 77t(d) (1) in paragraph (1), by inserting after the rules or regulations thereunder, a Federal court injunction or a bar obtained or entered by the Commission under this title, (2) by striking paragraph (4) and inserting the following: (4) Special provisions relating to a violation of an injunction or certain orders (A) In general Each separate violation of an injunction or order described in subparagraph (B) shall be a separate offense, except that in the case of a violation through a continuing failure to comply with such injunction or order, each day of the failure to comply with the injunction or order shall be deemed a separate offense. (B) Injunctions and orders Subparagraph (A) shall apply with respect to any action to enforce— (i) a Federal court injunction obtained pursuant to this title; (ii) an order entered or obtained by the Commission pursuant to this title that bars, suspends, places limitations on the activities or functions of, or prohibits the activities of a person; or (iii) a cease-and-desist order entered by the Commission pursuant to section 8A. . (b) Securities Exchange Act of 1934 Section 21(d)(3) of the Securities Exchange Act of 1934 ( 15 U.S.C. 78u(d)(3) (1) in subparagraph (A), by inserting after the rules or regulations thereunder, a Federal court injunction or a bar obtained or entered by the Commission under this title, (2) by striking subparagraph (D) and inserting the following: (D) Special provisions relating to a violation of an injunction or certain orders (i) In general Each separate violation of an injunction or order described in clause (ii) shall be a separate offense, except that in the case of a violation through a continuing failure to comply with such injunction or order, each day of the failure to comply with the injunction or order shall be deemed a separate offense. (ii) Injunctions and orders Clause (i) shall apply with respect to an action to enforce— (I) a Federal court injunction obtained pursuant to this title; (II) an order entered or obtained by the Commission pursuant to this title that bars, suspends, places limitations on the activities or functions of, or prohibits the activities of a person; or (III) a cease-and-desist order entered by the Commission pursuant to section 21C. . (c) Investment Company Act of 1940 Section 42(e) of the Investment Company Act of 1940 ( 15 U.S.C. 80a–41(e) (1) in paragraph (1), by inserting after the rules or regulations thereunder, a Federal court injunction or a bar obtained or entered by the Commission under this title, (2) by striking paragraph (4) and inserting the following: (4) Special provisions relating to a violation of an injunction or certain orders (A) In general Each separate violation of an injunction or order described in subparagraph (B) shall be a separate offense, except that in the case of a violation through a continuing failure to comply with such injunction or order, each day of the failure to comply with the injunction or order shall be deemed a separate offense. (B) Injunctions and orders Subparagraph (A) shall apply with respect to any action to enforce— (i) a Federal court injunction obtained pursuant to this title; (ii) an order entered or obtained by the Commission pursuant to this title that bars, suspends, places limitations on the activities or functions of, or prohibits the activities of a person; or (iii) a cease-and-desist order entered by the Commission pursuant to section 9(f). . (d) Investment Advisers Act of 1940 Section 209(e) of the Investment Advisers Act of 1940 ( 15 U.S.C. 80b–9(e) (1) in paragraph (1), by inserting after the rules or regulations thereunder, a Federal court injunction or a bar obtained or entered by the Commission under this title, (2) by striking paragraph (4) and inserting the following: (4) Special provisions relating to a violation of an injunction or certain orders (A) In general Each separate violation of an injunction or order described in subparagraph (B) shall be a separate offense, except that in the case of a violation through a continuing failure to comply with such injunction or order, each day of the failure to comply with the injunction or order shall be deemed a separate offense. (B) Injunctions and orders Subparagraph (A) shall apply with respect to any action to enforce— (i) a Federal court injunction obtained pursuant to this title; (ii) an order entered or obtained by the Commission pursuant to this title that bars, suspends, places limitations on the activities or functions of, or prohibits the activities of a person; or (iii) a cease-and-desist order entered by the Commission pursuant to section 203(k). .

Stronger Enforcement of Civil Penalties Act of 2023

Improving Access to Mental Health Act of 2023 This bill increases the Medicare reimbursement rate for clinical social worker services. The bill excludes clinical social worker services from the prospective payment system in which predetermined amounts form the basis for payment under Medicare. Additionally, the bill alters the definition of clinical social worker services as it relates to Medicare. Under current law, such services (1) include services performed for the diagnosis and treatment of mental illnesses, and (2) exclude services furnished to an inpatient of a skilled nursing facility as a condition of the facility's participation in the Medicare program. The bill repeals these provisions and instead specifies that such services include certain types of health behavior assessment and intervention.

118 S838 IS: Improving Access to Mental Health Act of 2023 U.S. Senate 2023-03-16 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 118th CONGRESS 1st Session S. 838 IN THE SENATE OF THE UNITED STATES March 16, 2023 Ms. Stabenow Mr. Barrasso Committee on Finance A BILL To amend title XVIII of the Social Security Act to improve access to mental health services under the Medicare program. 1. Short title This Act may be cited as the Improving Access to Mental Health Act of 2023 2. Improved access to mental health services under the Medicare program (a) Access to clinical social workers Section 1833(a)(1)(F)(ii) of the Social Security Act ( 42 U.S.C. 1395l(a)(1)(F)(ii) 75 percent of the amount determined for payment of a psychologist under clause (L) 85 percent of the fee schedule amount provided under section 1848 (b) Access to clinical social worker services provided to residents of skilled nursing facilities (1) Exclusion of clinical social worker services from the skilled nursing facility prospective payment system Section 1888(e)(2)(A)(ii) of the Social Security Act ( 42 U.S.C. 1395yy(e)(2)(A)(ii) clinical social worker services, qualified psychologist services, (2) Conforming amendment Section 1861(hh)(2) of the Social Security Act ( 42 U.S.C. 1395x(hh)(2) and other than services furnished to an inpatient of a skilled nursing facility which the facility is required to provide as a requirement for participation (c) Access to the complete set of clinical social worker services Section 1861(hh)(2) of the Social Security Act ( 42 U.S.C. 1395x(hh)(2) (1) by striking for the diagnosis and treatment of mental illnesses (other than services , including services for the diagnosis and treatment of mental illnesses or services for health and behavior assessment and intervention (identified as of January 1, 2023, by HCPCS codes 96156, 96158–96161, 96164–96168, and 96170–96171 (and any succeeding codes)) but not including services (2) by striking inpatient of a hospital) inpatient of a hospital, (d) Effective date The amendments made by this section shall apply to items and services furnished on or after January 1, 2024.

Improving Access to Mental Health Act of 2023

Regulatory Transparency Act of 2023 This bill requires agencies to determine that the benefits of a rule justify the costs of the rule before issuing a proposed, final, or interim final rule. The bill also requires agencies to complete a regulatory impact analysis that meets specified requirements before issuing an economically significant rule. Economically significant rules are generally those with an annual effect on the economy of at least $100 million. Each regulatory impact analysis must include the potential benefits and costs of the rule and take into account the cumulative regulatory burden on the regulated entity. The analysis must also (1) be transparent, replicable, and objective; and (2) consider the potential effects on different types and sizes of businesses, if applicable. The bill provides for judicial review of an agency's regulatory impact analysis. Agencies also must consider a sunset date for an economically significant rule.

118 S839 IS: Regulatory Transparency Act of 2023 U.S. Senate 2023-03-16 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. II 118th CONGRESS 1st Session S. 839 IN THE SENATE OF THE UNITED STATES March 16, 2023 Mr. Thune Mr. Lankford Committee on Homeland Security and Governmental Affairs A BILL To require agencies to complete a regulatory impact analysis before issuing a significant rule, and for other purposes. 1. Short title This Act may be cited as the Regulatory Transparency Act of 2023 2. Definitions Section 601 of title 5, United States Code, is amended— (1) in paragraph (6), by striking and (2) in paragraph (7) by striking the period at the end and inserting a semicolon; (3) in paragraph (8)— (A) by striking Recordkeeping requirement the (B) by striking the period at the end and inserting ; and (4) by adding at the end the following: (9) the term significant rule (A) have an annual effect on the economy of $100,000,000 or more or adversely affect in a material way the economy, a sector of the economy, productivity, competition, jobs, the environment, public health or safety, or State, local, or tribal governments or communities; (B) create a significant inconsistency or otherwise interfere with an action taken or planned by another Federal agency; (C) materially alter the budgetary impact of entitlements, grants, user fees, or loan programs or the rights and obligations of recipients thereof; or (D) raise novel legal or policy issues. . 3. Regulatory impact analyses; consideration of sunset dates (a) In general Chapter 6 613. Regulatory impact analyses (a) In general Before issuing any proposed rule, final rule, or interim final rule that meets the economic threshold of a significant rule described in section 601(9)(A), an agency shall conduct a regulatory impact analysis to evaluate the proposed rule, final rule, or interim final rule, as applicable. (b) Regulatory impact analyses An analysis under subsection (a) shall— (1) be based upon the best reasonably obtainable supporting information, consistent with Executive Order 12866 ( 5 U.S.C. 601 (2) be transparent, replicable, and objective; (3) describe the need to be addressed and how the rule would address that need; (4) analyze the potential effects, including the benefits and costs, of the rule; (5) to the maximum extent practicable, consider the cumulative regulatory burden on the regulated entity under subsection (c); (6) consider the potential effects on different types and sizes of businesses, if applicable; (7) for a proposed rule that is likely to lead to a significant rule, or a final or interim final rule that is a significant rule— (A) describe the need to be addressed, including— (i) the supporting information demonstrating the need; (ii) the failures of private markets that warrant new agency action, if applicable; and (iii) whether existing law, including regulations, has created or contributed to the need; (B) define the baseline for the analysis; (C) set the timeframe of the analysis; (D) analyze any available regulatory alternatives, including— (i) if rulemaking is not specifically directed by statute, the alternative of not regulating; (ii) any alternatives that specify performance objectives rather than identify or require the specific manner of compliance that regulated entities must adopt; (iii) any alternatives that involve the deployment of innovative technology or practices; and (iv) any alternatives that involve different requirements for different types or sizes of businesses, if applicable; (E) identify the effects of the available regulatory alternatives described in subparagraph (D); (F) identify the effectiveness of tort law to address the identified need; (G) to the maximum extent practicable, quantify and monetize the benefits and costs of the selected regulatory alternative and the available alternatives under consideration; (H) discount future benefits and costs quantified and monetized under subparagraph (G); (I) to the maximum extent practicable, evaluate non-quantified and non-monetized benefits and costs of the selected regulatory alternative and the available alternatives under consideration; and (J) characterize any uncertainty in benefits, costs, and net benefits. (c) Cumulative regulatory burden In considering the cumulative regulatory burden under subsection (b)(5), an agency shall— (1) identify and assess the benefits and costs of other regulations require compliance by the same regulated entities to attempt to achieve similar regulatory objectives; (2) evaluate whether the rule is inconsistent with, incompatible with, or duplicative of other regulations; and (3) consider whether the estimated benefits and costs of the rule increase or decrease as a result of other regulations issued by the agency, including regulations that are not yet fully implemented, compared to the benefits and costs of that rule in the absence of such regulations. (d) Less burdensome alternatives If, after conducting an analysis under subsection (a) for a proposed rule that is likely to lead to a significant rule, or a final rule or interim final that is a significant rule, the agency selects a regulatory approach that is not the least burdensome compared to an available regulatory alternative, the agency shall include— (1) in the summary section of the preamble a statement that the selected approach is more burdensome than an available regulatory alternative; and (2) a justification, with supporting information, for the selected approach. (e) Regulatory determination (1) In general Except as expressly provided otherwise by law, an agency may issue a proposed rule, final rule, or interim final rule only upon a reasoned determination that the benefits of the rule justify the costs of the rule. (2) Requirements (A) Alternative Whenever an agency is expressly required by law to issue a rule, the agency shall select a regulatory alternative that has benefits that exceed costs and complies with law. (B) Compliance If it is not possible to comply with the law by selecting a regulatory alternative that has benefits that exceed costs, an agency shall select the regulatory alternative that has the least costs and complies with law. 614. Consideration of sunset dates (a) Sunset Not later than July 1, 2023, an agency shall, for each proposed rule or interim final rule of the agency that meets the economic threshold of a significant rule described in section 601(9)(A), include an explicit consideration of a sunset date for the rule. (b) Elements The consideration described in subsection (a) for a proposed rule or interim final rule described in that subsection shall include an assessment of whether the rule— (1) could become outmoded or outdated in light of changed circumstances, including the availability of new technologies; or (2) could become excessively burdensome after a period of time due to, among other things— (A) disproportionate costs on small businesses; (B) the net effect on employment, including jobs added or lost in the private sector; and (C) costs that exceed benefits. (c) Publication A summary of the consideration described in subsection (a) for a proposed rule or interim final rule described in that subsection shall be published in the Federal Register along with the proposed or interim final rule, as applicable. . (b) Technical and conforming amendment The table of sections for chapter 6 613. Regulatory impact analyses. 614. Consideration of sunset dates. . 4. Judicial review Section 611(a) of title 5, United States Code, is amended, in paragraphs (1) and (2), by striking and 610 610, and 613

Regulatory Transparency Act of 2023