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To make improvements in prenatal and maternal care, and for other purposes.
[ { "text": "1. Short title \nThis Act may be cited as the Health, Opportunity, Protecting life, Education Act or the HOPE Act.", "id": "H87E6CC4A473D4B0C9335EBAF4FC7CAA6", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Table of contents \nThe table of contents for this Act is as follows: Sec. 1. Short title. Sec. 2. Table of contents. Title I—Alternatives to abortion Sec. 101. Improving access to prenatal telehealth care. Sec. 102. Positive alternatives for women. Sec. 103. Educated decisions on maternal health. Sec. 104. Life.Gov: awareness for expecting mothers. Sec. 105. Parental notification. Sec. 106. Moratorium on Federal funding to Planned Parenthood Federation of America, Inc. Sec. 107. Funding. Title II—General provisions Sec. 201. Rule of construction.", "id": "H0BFBB58698DC40E5828C2D04C44AA70C", "header": "Table of contents", "nested": [], "links": [] }, { "text": "101. Improving access to prenatal telehealth care \n(a) In general \nThe Secretary of Health and Human Services shall award grants or cooperative agreements to eligible entities to purchase equipment necessary for carrying out at-home telehealth visits for screening, monitoring, and management of prenatal and postnatal care for the purpose of improving maternal and infant health outcomes, and reducing maternal mortality, by improving access to care in rural areas, frontier counties, medically underserved areas, or jurisdictions of Indian Tribes and Tribal organizations. (b) Use of funds \nA recipient of a grant under this section shall use the grant as described in subsection (a), which may include purchasing or providing equipment necessary for carrying out at-home telehealth visits (such as remote physiologic devices and related services, including pulse oximeters, blood pressure cuffs, scales, and blood glucose monitors) to screen, monitor, and manage prenatal and postnatal care at home by means of telehealth visits and services for the purpose described in subsection (a). (c) Report to Congress \nNot later than September 30, 2028, the Secretary shall submit to the Congress a report on activities supported through grants under this section, including— (1) a description of the activities conducted pursuant to such grants; and (2) an analysis of the effects of such grants on improving prenatal and postnatal care in areas and jurisdictions described in subsection (a). (d) Definitions \nIn this section: (1) The term eligible entity means an entity providing prenatal care, labor care, birthing, and postpartum care services in a rural area, a frontier county, a medically underserved area, or the jurisdiction of an Indian Tribe or Tribal organization. (2) The term frontier county has the meaning given such term in section 1886(d)(3)(E)(iii)(III) of the Social Security Act ( 42 U.S.C. 1395ww(d)(3)(E)(iii)(III) ). (3) The terms Indian Tribe and Tribal organization have the meanings given to such terms in section 4 of the Indian Self-Determination and Education Assistance Act ( 25 U.S.C. 5304 ). (4) The term medically underserved area means a health professional shortage area designated under section 332 of the Public Health Service Act ( 42 U.S.C. 254e ). (5) The term rural area has the meaning given to such term in section 330J(e) of the Public Health Service Act ( 42 U.S.C. 254c–15(e) ). (6) The term Secretary means the Secretary of Health and Human Services. (e) Authorization of appropriations \nTo carry out this section, there are authorized to be appropriated such sums as may be necessary for fiscal years 2024 through 2029.", "id": "H58A380B532BD4FC3A4219BDC8B3E903C", "header": "Improving access to prenatal telehealth care", "nested": [ { "text": "(a) In general \nThe Secretary of Health and Human Services shall award grants or cooperative agreements to eligible entities to purchase equipment necessary for carrying out at-home telehealth visits for screening, monitoring, and management of prenatal and postnatal care for the purpose of improving maternal and infant health outcomes, and reducing maternal mortality, by improving access to care in rural areas, frontier counties, medically underserved areas, or jurisdictions of Indian Tribes and Tribal organizations.", "id": "H1B5FC4609C944FE0B21B019BAC0D61D4", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Use of funds \nA recipient of a grant under this section shall use the grant as described in subsection (a), which may include purchasing or providing equipment necessary for carrying out at-home telehealth visits (such as remote physiologic devices and related services, including pulse oximeters, blood pressure cuffs, scales, and blood glucose monitors) to screen, monitor, and manage prenatal and postnatal care at home by means of telehealth visits and services for the purpose described in subsection (a).", "id": "H6EF41FADDB00463DA77F0595A5EEB9EF", "header": "Use of funds", "nested": [], "links": [] }, { "text": "(c) Report to Congress \nNot later than September 30, 2028, the Secretary shall submit to the Congress a report on activities supported through grants under this section, including— (1) a description of the activities conducted pursuant to such grants; and (2) an analysis of the effects of such grants on improving prenatal and postnatal care in areas and jurisdictions described in subsection (a).", "id": "HB956D71DF9C64817A58FFE57C03226A6", "header": "Report to Congress", "nested": [], "links": [] }, { "text": "(d) Definitions \nIn this section: (1) The term eligible entity means an entity providing prenatal care, labor care, birthing, and postpartum care services in a rural area, a frontier county, a medically underserved area, or the jurisdiction of an Indian Tribe or Tribal organization. (2) The term frontier county has the meaning given such term in section 1886(d)(3)(E)(iii)(III) of the Social Security Act ( 42 U.S.C. 1395ww(d)(3)(E)(iii)(III) ). (3) The terms Indian Tribe and Tribal organization have the meanings given to such terms in section 4 of the Indian Self-Determination and Education Assistance Act ( 25 U.S.C. 5304 ). (4) The term medically underserved area means a health professional shortage area designated under section 332 of the Public Health Service Act ( 42 U.S.C. 254e ). (5) The term rural area has the meaning given to such term in section 330J(e) of the Public Health Service Act ( 42 U.S.C. 254c–15(e) ). (6) The term Secretary means the Secretary of Health and Human Services.", "id": "HAB95A158A6234226A96F8A0AA816A3B9", "header": "Definitions", "nested": [], "links": [ { "text": "42 U.S.C. 1395ww(d)(3)(E)(iii)(III)", "legal-doc": "usc", "parsable-cite": "usc/42/1395ww" }, { "text": "25 U.S.C. 5304", "legal-doc": "usc", "parsable-cite": "usc/25/5304" }, { "text": "42 U.S.C. 254e", "legal-doc": "usc", "parsable-cite": "usc/42/254e" }, { "text": "42 U.S.C. 254c–15(e)", "legal-doc": "usc", "parsable-cite": "usc/42/254c-15" } ] }, { "text": "(e) Authorization of appropriations \nTo carry out this section, there are authorized to be appropriated such sums as may be necessary for fiscal years 2024 through 2029.", "id": "HEEEB3428360C44D69561CB8A14B5DAA4", "header": "Authorization of appropriations", "nested": [], "links": [] } ], "links": [ { "text": "42 U.S.C. 1395ww(d)(3)(E)(iii)(III)", "legal-doc": "usc", "parsable-cite": "usc/42/1395ww" }, { "text": "25 U.S.C. 5304", "legal-doc": "usc", "parsable-cite": "usc/25/5304" }, { "text": "42 U.S.C. 254e", "legal-doc": "usc", "parsable-cite": "usc/42/254e" }, { "text": "42 U.S.C. 254c–15(e)", "legal-doc": "usc", "parsable-cite": "usc/42/254c-15" } ] }, { "text": "102. Positive alternatives for women \n(a) Program authority \n(1) Purpose \nThe purpose of grants under this section shall be to support, encourage, and assist women— (A) to carry their pregnancies to term; and (B) to care for their babies after birth. (2) Grants \nFor the purpose described in paragraph (1), the Secretary shall award grants to eligible entities described in subsection (b) to provide information on, referral to, and direct services as described in subsection (c). (b) Eligibility \n(1) Eligible entities \nTo be eligible for a grant under this section, an entity shall— (A) be a nonprofit organization; (B) support, encourage, and assist women as described in subsection (a)(1); (C) agree to be subject to such monitoring and review as the Secretary may require under subsection (g); (D) agree to not charge women for services provided through the grant; (E) provide each pregnant woman counseled through the grant with accurate information on the developmental characteristics of babies and of unborn children, including offering printed information; and (F) have a privacy policy and procedures in place to ensure that— (i) the name, address, telephone number, or any other information that might identify any woman seeking services supported through the grant is not made public or shared with any other entity without the written consent of the woman; and (ii) the grantee adheres to requirements comparable to those applicable under the HIPAA privacy regulation (as defined in section 1180(b)(3) of the Social Security Act ( 42 U.S.C. 1320d–9 )) to covered entities (as defined for purposes of such regulation). (2) Ineligible entities \nAn entity shall be ineligible to receive a grant under this section if the entity or any affiliate, subsidiary, successor, or clinic thereof— (A) performs, induces, refers for, or counsels in favor of abortions; or (B) provides financial support to any other entity that conducts any activity described in subparagraph (A). (3) Financial records \nAs a condition on receipt of a grant under this section, an eligible entity shall agree to maintain and make available to the Secretary records, including financial records, that demonstrate that the entity satisfies the requirements of paragraph (1) and is not ineligible by operation of paragraph (2). (c) Covered services \n(1) Required information and referral \nFor the purpose described in subsection (a)(1), an eligible entity receiving a grant under this section shall use the grant to provide information on, and referral to, each of the following services: (A) Medical care. (B) Nutritional services. (C) Housing assistance. (D) Adoption services. (E) Education and employment assistance, including services that support the continuation and completion of high school. (F) Child care assistance. (G) Parenting education and support services. (H) Voluntary substance abuse counseling and treatment. (2) Permissible direct provision of services \nFor the purpose described in subsection (a)(1), in addition to using a grant under this section as described in paragraph (1), an eligible entity receiving a grant under this section may use the grant for the direct provision of one or more services listed in paragraph (1). (d) Prohibited uses of funds \nNone of the funds made available under this section shall be used— (1) for health benefits coverage that includes coverage of abortion; (2) for providing or assisting a woman to obtain adoption services from a provider of adoption services that is not licensed; and (3) for any of the activities described in subsection (b)(2). (e) Approval of information as medically accurate \nAs a condition on the receipt of a grant under this section, an eligible entity shall refrain from providing any information pursuant to the grant on the health risks associated with abortions other than information that has been approved by the Secretary as medically accurate. (f) Consideration \nIn selecting the recipients of grants under this section, the Secretary shall consider each applicant’s demonstrated capacity in providing services to assist a pregnant woman in carrying her pregnancy to term. (g) Monitoring and review \nThe Secretary shall— (1) monitor and review each program funded through a grant under this section to ensure that the grantee carefully adheres to— (A) the purpose described in subsection (a)(1); and (B) the requirements of this section; and (2) cease to fund a program under this section if the grantee fails to adhere to such purpose and requirements. (h) Definitions \nIn this section: (1) Abortion \nThe term abortion means the use or prescription of any instrument, medicine, drug, or any other substance or device to intentionally— (A) kill the unborn child of a woman known to be pregnant; or (B) terminate the pregnancy of a woman known to be pregnant, with an intention other than— (i) after viability, to produce a live birth and preserve the life and health of the child born alive; (ii) to remove a dead unborn child; or (iii) to treat an ectopic pregnancy. (2) Secretary \nThe term Secretary means the Secretary of Health and Human Services. (i) Authorization of appropriations \nTo carry out this section, there are authorized to be appropriated such sums as may be necessary for fiscal years 2024 through 2029.", "id": "H02A90A8DDBE44FEBA7D671DE3A70CF8F", "header": "Positive alternatives for women", "nested": [ { "text": "(a) Program authority \n(1) Purpose \nThe purpose of grants under this section shall be to support, encourage, and assist women— (A) to carry their pregnancies to term; and (B) to care for their babies after birth. (2) Grants \nFor the purpose described in paragraph (1), the Secretary shall award grants to eligible entities described in subsection (b) to provide information on, referral to, and direct services as described in subsection (c).", "id": "HCAD325B98A7840F9B7C5562FE9104FBE", "header": "Program authority", "nested": [], "links": [] }, { "text": "(b) Eligibility \n(1) Eligible entities \nTo be eligible for a grant under this section, an entity shall— (A) be a nonprofit organization; (B) support, encourage, and assist women as described in subsection (a)(1); (C) agree to be subject to such monitoring and review as the Secretary may require under subsection (g); (D) agree to not charge women for services provided through the grant; (E) provide each pregnant woman counseled through the grant with accurate information on the developmental characteristics of babies and of unborn children, including offering printed information; and (F) have a privacy policy and procedures in place to ensure that— (i) the name, address, telephone number, or any other information that might identify any woman seeking services supported through the grant is not made public or shared with any other entity without the written consent of the woman; and (ii) the grantee adheres to requirements comparable to those applicable under the HIPAA privacy regulation (as defined in section 1180(b)(3) of the Social Security Act ( 42 U.S.C. 1320d–9 )) to covered entities (as defined for purposes of such regulation). (2) Ineligible entities \nAn entity shall be ineligible to receive a grant under this section if the entity or any affiliate, subsidiary, successor, or clinic thereof— (A) performs, induces, refers for, or counsels in favor of abortions; or (B) provides financial support to any other entity that conducts any activity described in subparagraph (A). (3) Financial records \nAs a condition on receipt of a grant under this section, an eligible entity shall agree to maintain and make available to the Secretary records, including financial records, that demonstrate that the entity satisfies the requirements of paragraph (1) and is not ineligible by operation of paragraph (2).", "id": "H33812A36F703420A912F5CEE51B8CBF5", "header": "Eligibility", "nested": [], "links": [ { "text": "42 U.S.C. 1320d–9", "legal-doc": "usc", "parsable-cite": "usc/42/1320d-9" } ] }, { "text": "(c) Covered services \n(1) Required information and referral \nFor the purpose described in subsection (a)(1), an eligible entity receiving a grant under this section shall use the grant to provide information on, and referral to, each of the following services: (A) Medical care. (B) Nutritional services. (C) Housing assistance. (D) Adoption services. (E) Education and employment assistance, including services that support the continuation and completion of high school. (F) Child care assistance. (G) Parenting education and support services. (H) Voluntary substance abuse counseling and treatment. (2) Permissible direct provision of services \nFor the purpose described in subsection (a)(1), in addition to using a grant under this section as described in paragraph (1), an eligible entity receiving a grant under this section may use the grant for the direct provision of one or more services listed in paragraph (1).", "id": "H1BF46EE4408141DF99956675814E0363", "header": "Covered services", "nested": [], "links": [] }, { "text": "(d) Prohibited uses of funds \nNone of the funds made available under this section shall be used— (1) for health benefits coverage that includes coverage of abortion; (2) for providing or assisting a woman to obtain adoption services from a provider of adoption services that is not licensed; and (3) for any of the activities described in subsection (b)(2).", "id": "H2A8F47CB80DE4E1C9744F0263F84BF3B", "header": "Prohibited uses of funds", "nested": [], "links": [] }, { "text": "(e) Approval of information as medically accurate \nAs a condition on the receipt of a grant under this section, an eligible entity shall refrain from providing any information pursuant to the grant on the health risks associated with abortions other than information that has been approved by the Secretary as medically accurate.", "id": "H0A01E73E596C49F5808D1C8437D113D6", "header": "Approval of information as medically accurate", "nested": [], "links": [] }, { "text": "(f) Consideration \nIn selecting the recipients of grants under this section, the Secretary shall consider each applicant’s demonstrated capacity in providing services to assist a pregnant woman in carrying her pregnancy to term.", "id": "HE747EF0691064D3F98444CC3A80FC2E2", "header": "Consideration", "nested": [], "links": [] }, { "text": "(g) Monitoring and review \nThe Secretary shall— (1) monitor and review each program funded through a grant under this section to ensure that the grantee carefully adheres to— (A) the purpose described in subsection (a)(1); and (B) the requirements of this section; and (2) cease to fund a program under this section if the grantee fails to adhere to such purpose and requirements.", "id": "H2501D1D01B9C427C928FBAC3F57B5D0A", "header": "Monitoring and review", "nested": [], "links": [] }, { "text": "(h) Definitions \nIn this section: (1) Abortion \nThe term abortion means the use or prescription of any instrument, medicine, drug, or any other substance or device to intentionally— (A) kill the unborn child of a woman known to be pregnant; or (B) terminate the pregnancy of a woman known to be pregnant, with an intention other than— (i) after viability, to produce a live birth and preserve the life and health of the child born alive; (ii) to remove a dead unborn child; or (iii) to treat an ectopic pregnancy. (2) Secretary \nThe term Secretary means the Secretary of Health and Human Services.", "id": "H2076B2151D91475E87072C0A7351022B", "header": "Definitions", "nested": [], "links": [] }, { "text": "(i) Authorization of appropriations \nTo carry out this section, there are authorized to be appropriated such sums as may be necessary for fiscal years 2024 through 2029.", "id": "HC8381AAE85244AA39CB9B90D66193B45", "header": "Authorization of appropriations", "nested": [], "links": [] } ], "links": [ { "text": "42 U.S.C. 1320d–9", "legal-doc": "usc", "parsable-cite": "usc/42/1320d-9" } ] }, { "text": "103. Educated decisions on maternal health \n(a) In general \n(1) Requirement of compliance by providers \nAny abortion provider, acting in or affecting interstate or foreign commerce, who knowingly performs, or attempts to perform, any abortion shall comply with the requirements of this section. (2) Review of medical risks and unborn health status \nAn abortion provider who intends to perform, or attempt to perform, an abortion may not perform any part of the abortion procedure without first obtaining a signed Informed Consent Authorization form in accordance with this subsection. (3) Informed consent authorization form \n(A) In general \nThe Informed Consent Authorization form required under this subsection shall— (i) be presented in person by the abortion provider 24 hours prior to performing, or attempting to perform, the abortion to the woman seeking the abortion; and (ii) consist of— (I) a statement, in easily understandable common language, by the abortion provider indicating— (aa) the probable gestational age, in completed days, of the child; (bb) all medical risks associated with the specific abortion procedure; and (cc) the major developmental characteristics of unborn children at such gestational age, including the presence of a heartbeat, the ability to react to painful stimuli, and the development of organs, fingers, and facial features; (II) a statement, in easily understandable common language, that the requirements of this subsection are binding upon the abortion provider and all other medical personnel, that such abortion providers and medical personnel are subject to criminal and civil penalties for violations of these requirements, and that a woman on whom an abortion has been performed may take civil action if these requirements are not followed; and (III) an affirmation that each individual signing the Informed Consent Authorization form has filled out the form to the best of his or her knowledge and understands the information contained in the form. (B) Signatories required \nThe Informed Consent Authorization form required under this subsection shall be signed in person by the woman seeking the abortion, the abortion provider performing or attempting to perform the abortion, and a witness. (C) Retention of consent form \nThe abortion provider performing or attempting to perform an abortion shall retain the signed Informed Consent Authorization form required under this subsection in the patient's medical file. (D) Requirement for data retention \nParagraph (j)(2) of section 164.530 of title 45, Code of Federal Regulations, shall apply to the Informed Consent Authorization form required to be placed in a patient's medical file pursuant to subparagraph (C) in the same manner and to the same extent as such paragraph applies to documentation required by paragraph (j)(1) of such section. (E) Copy of form \nA copy of the signed Informed Consent Authorization required under this subsection shall be provided to the woman seeking an abortion. (4) Exceptions \nThe requirements of this subsection shall not apply if, in reasonable medical judgment, compliance with paragraph (2) would pose a greater risk of— (A) the death of the pregnant woman; or (B) the substantial and irreversible physical impairment of a major bodily function, not including psychological or emotional conditions, of the pregnant woman. (b) Penalty for failure To comply \n(1) Civil penalty \n(A) Enforcement by Attorney General \nThe Attorney General shall commence a civil action in an appropriate district court of the United States under this subsection against any abortion provider who knowingly commits a violation of subsection (a). (B) Penalty \nIn a civil action under subparagraph (A), the court may, to vindicate the public interest, assess a civil penalty against the abortion provider in an amount— (i) not less than $100,000 and not more than $150,000, for each such violation that is adjudicated in the first proceeding against such abortion provider under this subsection; or (ii) not less than $150,001 and not more than $250,000, for each such violation that is adjudicated in a subsequent proceeding against such abortion provider under this subsection. (C) Notification \nUpon the assessment of a civil penalty under subparagraph (B), the Attorney General shall notify the appropriate State medical licensing authority. (D) No penalties for pregnant women \nA pregnant woman shall not be subject to any penalty under this section. (2) Private right of action \n(A) In general \nA woman or a parent of a minor upon whom an abortion has been performed in violation of subsection (a) may commence a civil action against the abortion provider for appropriate relief. (B) Appropriate relief \nAppropriate relief in a civil action under this paragraph includes— (i) objectively verifiable money damages for all injuries, psychological and physical, occasioned by the violation; (ii) statutory damages equal to 3 times the cost of the abortion; and (iii) punitive damages. (C) Attorney's fees for plaintiff \nThe court shall award a reasonable attorney's fee as part of the costs to a prevailing plaintiff in a civil action under this paragraph. (D) Attorney's fees for defendant \nIf a defendant in a civil action under this paragraph prevails and the court finds that the plaintiff's suit was frivolous, the court shall award a reasonable attorney's fee in favor of the defendant against the plaintiff. (E) Awards against woman \nIn any civil action under this paragraph, no damages or other monetary relief, and no attorney's fees except as provided under subparagraph (D), may be assessed against the woman upon whom the abortion was performed or attempted. (c) Preemption \nNothing in this title or the amendments made by this title shall be construed to preempt any provision of State law to the extent that such State law establishes, implements, or continues in effect disclosure requirements regarding abortion or penalties for failure to comply with such requirements that are more extensive than those provided under the amendment made by this title. (d) Rule of construction \nNothing in this title shall be construed to prohibit an abortion provider from presenting the information required under subsection (a) to a pregnant woman at the same time as acquiring informed consent for an abortion from such woman in accordance with State law, provided that the presentation of such information occurs at least 24 hours before the abortion. (e) Definitions \nIn this section: (1) Abortion \nThe term abortion means the use or prescription of any instrument, medicine, drug, or any other substance or device to intentionally— (A) kill the unborn child of a woman known to be pregnant; or (B) terminate the pregnancy of a woman known to be pregnant, with an intention other than— (i) after viability, to produce a live birth and preserve the life and health of the child born alive; (ii) to remove a dead unborn child; or (iii) to treat an ectopic pregnancy. (2) Abortion provider \nThe term abortion provider means a person— (A) licensed to practice medicine and surgery or osteopathic medicine and surgery; or (B) otherwise legally authorized to perform an abortion. (3) Attempt \nThe term attempt , with respect to an abortion, means conduct that, under the circumstances as the actor believes them to be, constitutes a substantial step in a course of conduct planned to culminate in performing an abortion. (4) Minor \nThe term minor means an individual who has not attained the age of 18 years. (5) Perform \nThe term perform , with respect to an abortion, includes inducing an abortion through a medical or chemical intervention including writing a prescription for a drug or device intended to result in an abortion. (6) Reasonable medical judgment \nThe term reasonable medical judgment means a medical judgment that would be made by a reasonably prudent abortion provider, knowledgeable about the case and the treatment possibilities with respect to the medical conditions involved. (7) Unborn child \nThe term unborn child means an individual organism of the species homo sapiens, beginning at fertilization, until the point of being born alive as defined in section 8(b) of title 1, United States Code. (8) Woman \nThe term woman means a female human being whether or not she has reached the age of majority.", "id": "H7992DE330C51451E90F43EE2C6BD9972", "header": "Educated decisions on maternal health", "nested": [ { "text": "(a) In general \n(1) Requirement of compliance by providers \nAny abortion provider, acting in or affecting interstate or foreign commerce, who knowingly performs, or attempts to perform, any abortion shall comply with the requirements of this section. (2) Review of medical risks and unborn health status \nAn abortion provider who intends to perform, or attempt to perform, an abortion may not perform any part of the abortion procedure without first obtaining a signed Informed Consent Authorization form in accordance with this subsection. (3) Informed consent authorization form \n(A) In general \nThe Informed Consent Authorization form required under this subsection shall— (i) be presented in person by the abortion provider 24 hours prior to performing, or attempting to perform, the abortion to the woman seeking the abortion; and (ii) consist of— (I) a statement, in easily understandable common language, by the abortion provider indicating— (aa) the probable gestational age, in completed days, of the child; (bb) all medical risks associated with the specific abortion procedure; and (cc) the major developmental characteristics of unborn children at such gestational age, including the presence of a heartbeat, the ability to react to painful stimuli, and the development of organs, fingers, and facial features; (II) a statement, in easily understandable common language, that the requirements of this subsection are binding upon the abortion provider and all other medical personnel, that such abortion providers and medical personnel are subject to criminal and civil penalties for violations of these requirements, and that a woman on whom an abortion has been performed may take civil action if these requirements are not followed; and (III) an affirmation that each individual signing the Informed Consent Authorization form has filled out the form to the best of his or her knowledge and understands the information contained in the form. (B) Signatories required \nThe Informed Consent Authorization form required under this subsection shall be signed in person by the woman seeking the abortion, the abortion provider performing or attempting to perform the abortion, and a witness. (C) Retention of consent form \nThe abortion provider performing or attempting to perform an abortion shall retain the signed Informed Consent Authorization form required under this subsection in the patient's medical file. (D) Requirement for data retention \nParagraph (j)(2) of section 164.530 of title 45, Code of Federal Regulations, shall apply to the Informed Consent Authorization form required to be placed in a patient's medical file pursuant to subparagraph (C) in the same manner and to the same extent as such paragraph applies to documentation required by paragraph (j)(1) of such section. (E) Copy of form \nA copy of the signed Informed Consent Authorization required under this subsection shall be provided to the woman seeking an abortion. (4) Exceptions \nThe requirements of this subsection shall not apply if, in reasonable medical judgment, compliance with paragraph (2) would pose a greater risk of— (A) the death of the pregnant woman; or (B) the substantial and irreversible physical impairment of a major bodily function, not including psychological or emotional conditions, of the pregnant woman.", "id": "HDB0BEF8332774644A9EC4FFC19A507C8", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Penalty for failure To comply \n(1) Civil penalty \n(A) Enforcement by Attorney General \nThe Attorney General shall commence a civil action in an appropriate district court of the United States under this subsection against any abortion provider who knowingly commits a violation of subsection (a). (B) Penalty \nIn a civil action under subparagraph (A), the court may, to vindicate the public interest, assess a civil penalty against the abortion provider in an amount— (i) not less than $100,000 and not more than $150,000, for each such violation that is adjudicated in the first proceeding against such abortion provider under this subsection; or (ii) not less than $150,001 and not more than $250,000, for each such violation that is adjudicated in a subsequent proceeding against such abortion provider under this subsection. (C) Notification \nUpon the assessment of a civil penalty under subparagraph (B), the Attorney General shall notify the appropriate State medical licensing authority. (D) No penalties for pregnant women \nA pregnant woman shall not be subject to any penalty under this section. (2) Private right of action \n(A) In general \nA woman or a parent of a minor upon whom an abortion has been performed in violation of subsection (a) may commence a civil action against the abortion provider for appropriate relief. (B) Appropriate relief \nAppropriate relief in a civil action under this paragraph includes— (i) objectively verifiable money damages for all injuries, psychological and physical, occasioned by the violation; (ii) statutory damages equal to 3 times the cost of the abortion; and (iii) punitive damages. (C) Attorney's fees for plaintiff \nThe court shall award a reasonable attorney's fee as part of the costs to a prevailing plaintiff in a civil action under this paragraph. (D) Attorney's fees for defendant \nIf a defendant in a civil action under this paragraph prevails and the court finds that the plaintiff's suit was frivolous, the court shall award a reasonable attorney's fee in favor of the defendant against the plaintiff. (E) Awards against woman \nIn any civil action under this paragraph, no damages or other monetary relief, and no attorney's fees except as provided under subparagraph (D), may be assessed against the woman upon whom the abortion was performed or attempted.", "id": "HCC0B4179061E4528B15E221D28195870", "header": "Penalty for failure To comply", "nested": [], "links": [] }, { "text": "(c) Preemption \nNothing in this title or the amendments made by this title shall be construed to preempt any provision of State law to the extent that such State law establishes, implements, or continues in effect disclosure requirements regarding abortion or penalties for failure to comply with such requirements that are more extensive than those provided under the amendment made by this title.", "id": "H5BD54383B4844D2D91059D8361E54A3F", "header": "Preemption", "nested": [], "links": [] }, { "text": "(d) Rule of construction \nNothing in this title shall be construed to prohibit an abortion provider from presenting the information required under subsection (a) to a pregnant woman at the same time as acquiring informed consent for an abortion from such woman in accordance with State law, provided that the presentation of such information occurs at least 24 hours before the abortion.", "id": "H941DA938B0104DB9B4349910F4B84800", "header": "Rule of construction", "nested": [], "links": [] }, { "text": "(e) Definitions \nIn this section: (1) Abortion \nThe term abortion means the use or prescription of any instrument, medicine, drug, or any other substance or device to intentionally— (A) kill the unborn child of a woman known to be pregnant; or (B) terminate the pregnancy of a woman known to be pregnant, with an intention other than— (i) after viability, to produce a live birth and preserve the life and health of the child born alive; (ii) to remove a dead unborn child; or (iii) to treat an ectopic pregnancy. (2) Abortion provider \nThe term abortion provider means a person— (A) licensed to practice medicine and surgery or osteopathic medicine and surgery; or (B) otherwise legally authorized to perform an abortion. (3) Attempt \nThe term attempt , with respect to an abortion, means conduct that, under the circumstances as the actor believes them to be, constitutes a substantial step in a course of conduct planned to culminate in performing an abortion. (4) Minor \nThe term minor means an individual who has not attained the age of 18 years. (5) Perform \nThe term perform , with respect to an abortion, includes inducing an abortion through a medical or chemical intervention including writing a prescription for a drug or device intended to result in an abortion. (6) Reasonable medical judgment \nThe term reasonable medical judgment means a medical judgment that would be made by a reasonably prudent abortion provider, knowledgeable about the case and the treatment possibilities with respect to the medical conditions involved. (7) Unborn child \nThe term unborn child means an individual organism of the species homo sapiens, beginning at fertilization, until the point of being born alive as defined in section 8(b) of title 1, United States Code. (8) Woman \nThe term woman means a female human being whether or not she has reached the age of majority.", "id": "H85E6E5661ACE411BABB0C5F5FB3D8944", "header": "Definitions", "nested": [], "links": [] } ], "links": [] }, { "text": "104. Life.Gov: awareness for expecting mothers \nThe Public Health Service Act ( 42 U.S.C. 201 et seq. ) is amended by adding at the end the following: XXXIV AWARENESS FOR EXPECTING MOTHERS \n3401. Website and portal \n(a) Website \nNot 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 \nNot 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 \nThe 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 \nThe 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 \nThe 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 \n(1) In general \nPursuant 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 \nThe Secretary shall develop, and make public, 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. The Secretary shall establish a process for a resource provider to appeal a decision on inclusion. (3) Grant program \n(A) In general \nThe 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 \nTo 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 \nThe 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 \nThe 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 \nThe life.gov website and hotline shall ensure the widest possible access to services for families who speak languages other than English. (j) Privacy Protection \n(1) Any entity providing resources under this title must have a privacy policy and procedures in place to ensure that the name, address, telephone number, or any other information that might identify any woman seeking the services of the program is not made public or shared with any other agency or organization without the written consent of the woman. All communications between the resource and the woman must remain confidential and any entity providing resources shall adhere to requirements comparable to those applicable under the HIPAA privacy regulation (as defined in section 1180(b)(3) of the Social Security Act) to covered entities (as defined for purposes of such regulation). (2) Notwithstanding paragraph (1), the Secretary has access to any information necessary to monitor and review a grantee’s program as required under subsection (k). (k) Reporting requirements \n(1) In general \nNot later than 180 days after the 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 \nThe report under paragraph (1) shall not include any personal identifying information regarding individuals who have used the website or portal. (l) Definitions \nIn this section: (1) Abortion \nThe term abortion means the use or prescription of any instrument, medicine, drug, or any other substance or device to intentionally— (A) kill the unborn child of a woman known to be pregnant; or (B) terminate the pregnancy of a woman known to be pregnant, with an intention other than— (i) after viability, to produce a live birth and preserve the life and health of the child born alive; (ii) to remove a dead unborn child; or (iii) to treat an ectopic pregnancy. (2) Born alive \nThe term born alive has the meaning given such term in section 8(b) of title 1, United States Code. (3) Prohibited entity \nThe term prohibited entity means an entity, including its affiliates, subsidiaries, successors, and clinics that performs, induces, refers for, or counsels in favor of abortions, or provides financial support to any other organization that conducts such activities. (4) Unborn child \nThe term unborn child means an individual organism of the species homo sapiens, beginning at fertilization, until the point of being born alive..", "id": "H82C6FA22FC124434A4E05C2FB257C362", "header": "Life.Gov: awareness for expecting mothers", "nested": [], "links": [ { "text": "42 U.S.C. 201 et seq.", "legal-doc": "usc", "parsable-cite": "usc/42/201" } ] }, { "text": "3401. Website and portal \n(a) Website \nNot 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 \nNot 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 \nThe 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 \nThe 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 \nThe 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 \n(1) In general \nPursuant 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 \nThe Secretary shall develop, and make public, 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. The Secretary shall establish a process for a resource provider to appeal a decision on inclusion. (3) Grant program \n(A) In general \nThe 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 \nTo 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 \nThe 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 \nThe 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 \nThe life.gov website and hotline shall ensure the widest possible access to services for families who speak languages other than English. (j) Privacy Protection \n(1) Any entity providing resources under this title must have a privacy policy and procedures in place to ensure that the name, address, telephone number, or any other information that might identify any woman seeking the services of the program is not made public or shared with any other agency or organization without the written consent of the woman. All communications between the resource and the woman must remain confidential and any entity providing resources shall adhere to requirements comparable to those applicable under the HIPAA privacy regulation (as defined in section 1180(b)(3) of the Social Security Act) to covered entities (as defined for purposes of such regulation). (2) Notwithstanding paragraph (1), the Secretary has access to any information necessary to monitor and review a grantee’s program as required under subsection (k). (k) Reporting requirements \n(1) In general \nNot later than 180 days after the 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 \nThe report under paragraph (1) shall not include any personal identifying information regarding individuals who have used the website or portal. (l) Definitions \nIn this section: (1) Abortion \nThe term abortion means the use or prescription of any instrument, medicine, drug, or any other substance or device to intentionally— (A) kill the unborn child of a woman known to be pregnant; or (B) terminate the pregnancy of a woman known to be pregnant, with an intention other than— (i) after viability, to produce a live birth and preserve the life and health of the child born alive; (ii) to remove a dead unborn child; or (iii) to treat an ectopic pregnancy. (2) Born alive \nThe term born alive has the meaning given such term in section 8(b) of title 1, United States Code. (3) Prohibited entity \nThe term prohibited entity means an entity, including its affiliates, subsidiaries, successors, and clinics that performs, induces, refers for, or counsels in favor of abortions, or provides financial support to any other organization that conducts such activities. (4) Unborn child \nThe term unborn child means an individual organism of the species homo sapiens, beginning at fertilization, until the point of being born alive.", "id": "H92F1EA12926242E9A7DDFCCD231687EC", "header": "Website and portal", "nested": [ { "text": "(a) Website \nNot 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.", "id": "H5FB0DD67F2BF4600BDF7367396D2E800", "header": "Website", "nested": [], "links": [] }, { "text": "(b) Portal \nNot 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.", "id": "H21717E22EFF4433AA3E5DD2235B308A2", "header": "Portal", "nested": [], "links": [] }, { "text": "(c) Resources \nThe 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.", "id": "HC539C7CD12B64256B5D1561046F32290", "header": "Resources", "nested": [], "links": [] }, { "text": "(d) Administration \nThe Secretary may not delegate implementation or administration of the portal established under subsection (b) below the level of the Office of the Secretary.", "id": "H454536C4E95042D08E7EC711A0EEA7D6", "header": "Administration", "nested": [], "links": [] }, { "text": "(e) Follow-Up \nThe 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.", "id": "HB38ECD548AB34D2D8ADE609488125535", "header": "Follow-Up", "nested": [], "links": [] }, { "text": "(f) Resource list aggregation \n(1) In general \nPursuant 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 \nThe Secretary shall develop, and make public, 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. The Secretary shall establish a process for a resource provider to appeal a decision on inclusion. (3) Grant program \n(A) In general \nThe 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 \nTo 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.", "id": "H9D3C3C3336A44A428F6084855ABA8583", "header": "Resource list aggregation", "nested": [], "links": [] }, { "text": "(g) Maternal mental health hotline \nThe 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.", "id": "H530F2EA91B2B4DCB8C2980A419046DD2", "header": "Maternal mental health hotline", "nested": [], "links": [] }, { "text": "(h) Prohibition regarding certain entities \nThe 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.", "id": "HA9FD1649C77D4EA4B73D13D0E44D7571", "header": "Prohibition regarding certain entities", "nested": [], "links": [] }, { "text": "(i) Services in different languages \nThe life.gov website and hotline shall ensure the widest possible access to services for families who speak languages other than English.", "id": "H7F51D50E3B0647EBB47C1DC7CCE2E831", "header": "Services in different languages", "nested": [], "links": [] }, { "text": "(j) Privacy Protection \n(1) Any entity providing resources under this title must have a privacy policy and procedures in place to ensure that the name, address, telephone number, or any other information that might identify any woman seeking the services of the program is not made public or shared with any other agency or organization without the written consent of the woman. All communications between the resource and the woman must remain confidential and any entity providing resources shall adhere to requirements comparable to those applicable under the HIPAA privacy regulation (as defined in section 1180(b)(3) of the Social Security Act) to covered entities (as defined for purposes of such regulation). (2) Notwithstanding paragraph (1), the Secretary has access to any information necessary to monitor and review a grantee’s program as required under subsection (k).", "id": "H204F235528A042D99369E634E44B3867", "header": "Privacy Protection", "nested": [], "links": [] }, { "text": "(k) Reporting requirements \n(1) In general \nNot later than 180 days after the 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 \nThe report under paragraph (1) shall not include any personal identifying information regarding individuals who have used the website or portal.", "id": "H4C7917EABED942DD91662461522A6649", "header": "Reporting requirements", "nested": [], "links": [] }, { "text": "(l) Definitions \nIn this section: (1) Abortion \nThe term abortion means the use or prescription of any instrument, medicine, drug, or any other substance or device to intentionally— (A) kill the unborn child of a woman known to be pregnant; or (B) terminate the pregnancy of a woman known to be pregnant, with an intention other than— (i) after viability, to produce a live birth and preserve the life and health of the child born alive; (ii) to remove a dead unborn child; or (iii) to treat an ectopic pregnancy. (2) Born alive \nThe term born alive has the meaning given such term in section 8(b) of title 1, United States Code. (3) Prohibited entity \nThe term prohibited entity means an entity, including its affiliates, subsidiaries, successors, and clinics that performs, induces, refers for, or counsels in favor of abortions, or provides financial support to any other organization that conducts such activities. (4) Unborn child \nThe term unborn child means an individual organism of the species homo sapiens, beginning at fertilization, until the point of being born alive.", "id": "HA6AEBE0B6E5A4F6091005C2B0B91C082", "header": "Definitions", "nested": [], "links": [] } ], "links": [] }, { "text": "105. Parental notification \n(a) Requirement \nAny physician who, in or affecting interstate or foreign commerce, performs or induces an abortion on a minor shall provide, or cause his or her agent to provide— (1) at least 24 hours of actual notice to a parent of the minor before performing or inducing the abortion; or (2) at least 48 hours of constructive notice to a parent of the minor before performing or inducing the abortion. (b) Exceptions \nThe notification requirement of subsection (a) does 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, but an exception under this paragraph does not apply unless the attending physician or an agent of such physician, within 24 hours after completion of the abortion, notifies a parent 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 agent with documentation showing with a reasonable degree of certainty that he or she is in fact the parent of that minor. (c) Penalty for failure To comply \n(1) Civil penalty \n(A) Enforcement by Attorney General \nThe Attorney General shall commence a civil action in an appropriate district court of the United States under this subsection against any physician who commits a violation of subsection (a). (B) Penalty \nIn a civil action under subparagraph (A), the court may, to vindicate the public interest, assess a civil penalty against the physician in an amount— (i) not less than $100,000 and not more than $150,000, for each such violation that is adjudicated in the first proceeding against such physician under this subsection; or (ii) not less than $150,001 and not more than $250,000, for each such violation that is adjudicated in a subsequent proceeding against such physician under this subsection. (C) Notification \nUpon the assessment of a civil penalty under subparagraph (B), the Attorney General shall notify the appropriate State medical licensing authority. (D) No penalties for pregnant women \nA pregnant woman shall not be subject to any penalty under this section. (2) Private right of action \n(A) In general \nA parent of a minor upon whom an abortion has been performed or induced in violation of subsection (a) (other than a parent described in subsection (b)(3)) may commence a civil action against the physician for appropriate relief. (B) Appropriate relief \nAppropriate relief in a civil action under this paragraph includes— (i) objectively verifiable money damages for all injuries, psychological and physical, occasioned by the violation; (ii) statutory damages equal to 3 times the cost of the abortion; and (iii) punitive damages. (C) Attorney's fees for plaintiff \nThe court shall award a reasonable attorney's fee as part of the costs to a prevailing party in a civil action under this paragraph. (d) Definitions \nFor the purposes of this section— (1) the term abortion means the use or prescription of any instrument, medicine, drug, or any other substance or device to intentionally— (A) kill the unborn child of a woman known to be pregnant; or (B) terminate the pregnancy of a woman known to be pregnant, with an intention other than— (i) after viability, to produce a live birth and preserve the life and health of the child born alive; (ii) to remove a dead unborn child; or (iii) to treat an ectopic pregnancy; (2) the term actual notice means the giving of written notice directly, in person, by the physician or any agent of the physician; (3) the term constructive notice means notice that is given by certified mail, return receipt requested, restricted delivery to the last known address of the person being notified, with delivery deemed to have occurred 48 hours following noon on the next day subsequent to mailing on which regular mail delivery takes place, days on which mail is not delivered excluded; (4) the term law requiring parental involvement in a minor’s abortion decision means a law— (A) requiring, before an abortion is performed on a minor, either— (i) the notification to 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 any person or entity who is not described in that subparagraph; (5) the term minor means an individual who has not attained the age of 18 years and who is not emancipated under the law of the State in which the minor resides; (6) the term parent means— (A) a parent or guardian; (B) a legal custodian; or (C) a person standing in loco parentis who has care and control of the minor, and with whom the minor regularly resides, as determined by State law; (7) the term physician means a doctor of medicine legally authorized to practice medicine by the State in which such doctor practices medicine, or any other person legally empowered under State law to perform an abortion; and (8) the term State includes the District of Columbia and any commonwealth, possession, or other territory of the United States, and any Indian Tribe or reservation.", "id": "HFCF6BB910034473C8FDC2AB179FAF194", "header": "Parental notification", "nested": [ { "text": "(a) Requirement \nAny physician who, in or affecting interstate or foreign commerce, performs or induces an abortion on a minor shall provide, or cause his or her agent to provide— (1) at least 24 hours of actual notice to a parent of the minor before performing or inducing the abortion; or (2) at least 48 hours of constructive notice to a parent of the minor before performing or inducing the abortion.", "id": "H87196C2E35EF4AB1848708C41315137E", "header": "Requirement", "nested": [], "links": [] }, { "text": "(b) Exceptions \nThe notification requirement of subsection (a) does 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, but an exception under this paragraph does not apply unless the attending physician or an agent of such physician, within 24 hours after completion of the abortion, notifies a parent 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 agent with documentation showing with a reasonable degree of certainty that he or she is in fact the parent of that minor.", "id": "H6F9578DE5246432085ECFCEF58AD6CBB", "header": "Exceptions", "nested": [], "links": [] }, { "text": "(c) Penalty for failure To comply \n(1) Civil penalty \n(A) Enforcement by Attorney General \nThe Attorney General shall commence a civil action in an appropriate district court of the United States under this subsection against any physician who commits a violation of subsection (a). (B) Penalty \nIn a civil action under subparagraph (A), the court may, to vindicate the public interest, assess a civil penalty against the physician in an amount— (i) not less than $100,000 and not more than $150,000, for each such violation that is adjudicated in the first proceeding against such physician under this subsection; or (ii) not less than $150,001 and not more than $250,000, for each such violation that is adjudicated in a subsequent proceeding against such physician under this subsection. (C) Notification \nUpon the assessment of a civil penalty under subparagraph (B), the Attorney General shall notify the appropriate State medical licensing authority. (D) No penalties for pregnant women \nA pregnant woman shall not be subject to any penalty under this section. (2) Private right of action \n(A) In general \nA parent of a minor upon whom an abortion has been performed or induced in violation of subsection (a) (other than a parent described in subsection (b)(3)) may commence a civil action against the physician for appropriate relief. (B) Appropriate relief \nAppropriate relief in a civil action under this paragraph includes— (i) objectively verifiable money damages for all injuries, psychological and physical, occasioned by the violation; (ii) statutory damages equal to 3 times the cost of the abortion; and (iii) punitive damages. (C) Attorney's fees for plaintiff \nThe court shall award a reasonable attorney's fee as part of the costs to a prevailing party in a civil action under this paragraph.", "id": "H54E265C6E34D456EB43096B857BB8B10", "header": "Penalty for failure To comply", "nested": [], "links": [] }, { "text": "(d) Definitions \nFor the purposes of this section— (1) the term abortion means the use or prescription of any instrument, medicine, drug, or any other substance or device to intentionally— (A) kill the unborn child of a woman known to be pregnant; or (B) terminate the pregnancy of a woman known to be pregnant, with an intention other than— (i) after viability, to produce a live birth and preserve the life and health of the child born alive; (ii) to remove a dead unborn child; or (iii) to treat an ectopic pregnancy; (2) the term actual notice means the giving of written notice directly, in person, by the physician or any agent of the physician; (3) the term constructive notice means notice that is given by certified mail, return receipt requested, restricted delivery to the last known address of the person being notified, with delivery deemed to have occurred 48 hours following noon on the next day subsequent to mailing on which regular mail delivery takes place, days on which mail is not delivered excluded; (4) the term law requiring parental involvement in a minor’s abortion decision means a law— (A) requiring, before an abortion is performed on a minor, either— (i) the notification to 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 any person or entity who is not described in that subparagraph; (5) the term minor means an individual who has not attained the age of 18 years and who is not emancipated under the law of the State in which the minor resides; (6) the term parent means— (A) a parent or guardian; (B) a legal custodian; or (C) a person standing in loco parentis who has care and control of the minor, and with whom the minor regularly resides, as determined by State law; (7) the term physician means a doctor of medicine legally authorized to practice medicine by the State in which such doctor practices medicine, or any other person legally empowered under State law to perform an abortion; and (8) the term State includes the District of Columbia and any commonwealth, possession, or other territory of the United States, and any Indian Tribe or reservation.", "id": "H63E6C88E6941474BB309FC4F8DCF85E4", "header": "Definitions", "nested": [], "links": [] } ], "links": [] }, { "text": "106. Moratorium on Federal funding to Planned Parenthood Federation of America, Inc \n(a) In general \nFor the one-year period beginning on the date of the enactment of this Act, subject to subsection (b), no funds authorized or appropriated by Federal law may be made available for any purpose to Planned Parenthood Federation of America, Inc., or any affiliate or clinic of Planned Parenthood Federation of America, Inc., unless such entities certify that Planned Parenthood Federation of America affiliates and clinics will not perform, and will not provide any funds to any other entity that performs, an abortion during such period. (b) Exception \nSubsection (a) shall not apply to an abortion— (1) if the pregnancy is the result of an act of rape or incest; or (2) in the case where a woman suffers from a physical disorder, physical injury, or physical illness that would, as certified by a physician, place the woman in danger of death unless an abortion is performed, including a life-endangering physical condition caused by or arising from the pregnancy itself. (c) Repayment \nThe Secretary of Health and Human Services and the Secretary of Agriculture shall seek repayment of any Federal assistance received by Planned Parenthood Federation of America, Inc., or any affiliate or clinic of Planned Parenthood Federation of America, Inc., if it violates the terms of the certification required by subsection (a) during the period specified in subsection (a).", "id": "HB64B239A151F43FE82A8ED10827C19C4", "header": "Moratorium on Federal funding to Planned Parenthood Federation of America, Inc", "nested": [ { "text": "(a) In general \nFor the one-year period beginning on the date of the enactment of this Act, subject to subsection (b), no funds authorized or appropriated by Federal law may be made available for any purpose to Planned Parenthood Federation of America, Inc., or any affiliate or clinic of Planned Parenthood Federation of America, Inc., unless such entities certify that Planned Parenthood Federation of America affiliates and clinics will not perform, and will not provide any funds to any other entity that performs, an abortion during such period.", "id": "HC5EB813704C5430AA8365675E6CE0974", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Exception \nSubsection (a) shall not apply to an abortion— (1) if the pregnancy is the result of an act of rape or incest; or (2) in the case where a woman suffers from a physical disorder, physical injury, or physical illness that would, as certified by a physician, place the woman in danger of death unless an abortion is performed, including a life-endangering physical condition caused by or arising from the pregnancy itself.", "id": "HEEC682DA2E3246E7BBAA2DC5AEDCA1E6", "header": "Exception", "nested": [], "links": [] }, { "text": "(c) Repayment \nThe Secretary of Health and Human Services and the Secretary of Agriculture shall seek repayment of any Federal assistance received by Planned Parenthood Federation of America, Inc., or any affiliate or clinic of Planned Parenthood Federation of America, Inc., if it violates the terms of the certification required by subsection (a) during the period specified in subsection (a).", "id": "HADE9BC45A0EB4BCCA5A45420C9B8E3A5", "header": "Repayment", "nested": [], "links": [] } ], "links": [] }, { "text": "107. Funding \nThere is authorized to be appropriated, and appropriated, $235,000,000 to carry out sections 101, 102, and 103 of this Act, and section 3401 of the Public Health Service Act, as added by section 104.", "id": "H26EBEDDA88524949B229DE6FFFB0CF54", "header": "Funding", "nested": [], "links": [] }, { "text": "201. Rule of construction \nNothing in this Act shall be construed to reduce overall Federal funding available in support of women’s health.", "id": "HDABCD5497C6C48F9955FAE4B14A16EAD", "header": "Rule of construction", "nested": [], "links": [] } ]
11
1. Short title This Act may be cited as the Health, Opportunity, Protecting life, Education Act or the HOPE Act. 2. Table of contents The table of contents for this Act is as follows: Sec. 1. Short title. Sec. 2. Table of contents. Title I—Alternatives to abortion Sec. 101. Improving access to prenatal telehealth care. Sec. 102. Positive alternatives for women. Sec. 103. Educated decisions on maternal health. Sec. 104. Life.Gov: awareness for expecting mothers. Sec. 105. Parental notification. Sec. 106. Moratorium on Federal funding to Planned Parenthood Federation of America, Inc. Sec. 107. Funding. Title II—General provisions Sec. 201. Rule of construction. 101. Improving access to prenatal telehealth care (a) In general The Secretary of Health and Human Services shall award grants or cooperative agreements to eligible entities to purchase equipment necessary for carrying out at-home telehealth visits for screening, monitoring, and management of prenatal and postnatal care for the purpose of improving maternal and infant health outcomes, and reducing maternal mortality, by improving access to care in rural areas, frontier counties, medically underserved areas, or jurisdictions of Indian Tribes and Tribal organizations. (b) Use of funds A recipient of a grant under this section shall use the grant as described in subsection (a), which may include purchasing or providing equipment necessary for carrying out at-home telehealth visits (such as remote physiologic devices and related services, including pulse oximeters, blood pressure cuffs, scales, and blood glucose monitors) to screen, monitor, and manage prenatal and postnatal care at home by means of telehealth visits and services for the purpose described in subsection (a). (c) Report to Congress Not later than September 30, 2028, the Secretary shall submit to the Congress a report on activities supported through grants under this section, including— (1) a description of the activities conducted pursuant to such grants; and (2) an analysis of the effects of such grants on improving prenatal and postnatal care in areas and jurisdictions described in subsection (a). (d) Definitions In this section: (1) The term eligible entity means an entity providing prenatal care, labor care, birthing, and postpartum care services in a rural area, a frontier county, a medically underserved area, or the jurisdiction of an Indian Tribe or Tribal organization. (2) The term frontier county has the meaning given such term in section 1886(d)(3)(E)(iii)(III) of the Social Security Act ( 42 U.S.C. 1395ww(d)(3)(E)(iii)(III) ). (3) The terms Indian Tribe and Tribal organization have the meanings given to such terms in section 4 of the Indian Self-Determination and Education Assistance Act ( 25 U.S.C. 5304 ). (4) The term medically underserved area means a health professional shortage area designated under section 332 of the Public Health Service Act ( 42 U.S.C. 254e ). (5) The term rural area has the meaning given to such term in section 330J(e) of the Public Health Service Act ( 42 U.S.C. 254c–15(e) ). (6) The term Secretary means the Secretary of Health and Human Services. (e) Authorization of appropriations To carry out this section, there are authorized to be appropriated such sums as may be necessary for fiscal years 2024 through 2029. 102. Positive alternatives for women (a) Program authority (1) Purpose The purpose of grants under this section shall be to support, encourage, and assist women— (A) to carry their pregnancies to term; and (B) to care for their babies after birth. (2) Grants For the purpose described in paragraph (1), the Secretary shall award grants to eligible entities described in subsection (b) to provide information on, referral to, and direct services as described in subsection (c). (b) Eligibility (1) Eligible entities To be eligible for a grant under this section, an entity shall— (A) be a nonprofit organization; (B) support, encourage, and assist women as described in subsection (a)(1); (C) agree to be subject to such monitoring and review as the Secretary may require under subsection (g); (D) agree to not charge women for services provided through the grant; (E) provide each pregnant woman counseled through the grant with accurate information on the developmental characteristics of babies and of unborn children, including offering printed information; and (F) have a privacy policy and procedures in place to ensure that— (i) the name, address, telephone number, or any other information that might identify any woman seeking services supported through the grant is not made public or shared with any other entity without the written consent of the woman; and (ii) the grantee adheres to requirements comparable to those applicable under the HIPAA privacy regulation (as defined in section 1180(b)(3) of the Social Security Act ( 42 U.S.C. 1320d–9 )) to covered entities (as defined for purposes of such regulation). (2) Ineligible entities An entity shall be ineligible to receive a grant under this section if the entity or any affiliate, subsidiary, successor, or clinic thereof— (A) performs, induces, refers for, or counsels in favor of abortions; or (B) provides financial support to any other entity that conducts any activity described in subparagraph (A). (3) Financial records As a condition on receipt of a grant under this section, an eligible entity shall agree to maintain and make available to the Secretary records, including financial records, that demonstrate that the entity satisfies the requirements of paragraph (1) and is not ineligible by operation of paragraph (2). (c) Covered services (1) Required information and referral For the purpose described in subsection (a)(1), an eligible entity receiving a grant under this section shall use the grant to provide information on, and referral to, each of the following services: (A) Medical care. (B) Nutritional services. (C) Housing assistance. (D) Adoption services. (E) Education and employment assistance, including services that support the continuation and completion of high school. (F) Child care assistance. (G) Parenting education and support services. (H) Voluntary substance abuse counseling and treatment. (2) Permissible direct provision of services For the purpose described in subsection (a)(1), in addition to using a grant under this section as described in paragraph (1), an eligible entity receiving a grant under this section may use the grant for the direct provision of one or more services listed in paragraph (1). (d) Prohibited uses of funds None of the funds made available under this section shall be used— (1) for health benefits coverage that includes coverage of abortion; (2) for providing or assisting a woman to obtain adoption services from a provider of adoption services that is not licensed; and (3) for any of the activities described in subsection (b)(2). (e) Approval of information as medically accurate As a condition on the receipt of a grant under this section, an eligible entity shall refrain from providing any information pursuant to the grant on the health risks associated with abortions other than information that has been approved by the Secretary as medically accurate. (f) Consideration In selecting the recipients of grants under this section, the Secretary shall consider each applicant’s demonstrated capacity in providing services to assist a pregnant woman in carrying her pregnancy to term. (g) Monitoring and review The Secretary shall— (1) monitor and review each program funded through a grant under this section to ensure that the grantee carefully adheres to— (A) the purpose described in subsection (a)(1); and (B) the requirements of this section; and (2) cease to fund a program under this section if the grantee fails to adhere to such purpose and requirements. (h) Definitions In this section: (1) Abortion The term abortion means the use or prescription of any instrument, medicine, drug, or any other substance or device to intentionally— (A) kill the unborn child of a woman known to be pregnant; or (B) terminate the pregnancy of a woman known to be pregnant, with an intention other than— (i) after viability, to produce a live birth and preserve the life and health of the child born alive; (ii) to remove a dead unborn child; or (iii) to treat an ectopic pregnancy. (2) Secretary The term Secretary means the Secretary of Health and Human Services. (i) Authorization of appropriations To carry out this section, there are authorized to be appropriated such sums as may be necessary for fiscal years 2024 through 2029. 103. Educated decisions on maternal health (a) In general (1) Requirement of compliance by providers Any abortion provider, acting in or affecting interstate or foreign commerce, who knowingly performs, or attempts to perform, any abortion shall comply with the requirements of this section. (2) Review of medical risks and unborn health status An abortion provider who intends to perform, or attempt to perform, an abortion may not perform any part of the abortion procedure without first obtaining a signed Informed Consent Authorization form in accordance with this subsection. (3) Informed consent authorization form (A) In general The Informed Consent Authorization form required under this subsection shall— (i) be presented in person by the abortion provider 24 hours prior to performing, or attempting to perform, the abortion to the woman seeking the abortion; and (ii) consist of— (I) a statement, in easily understandable common language, by the abortion provider indicating— (aa) the probable gestational age, in completed days, of the child; (bb) all medical risks associated with the specific abortion procedure; and (cc) the major developmental characteristics of unborn children at such gestational age, including the presence of a heartbeat, the ability to react to painful stimuli, and the development of organs, fingers, and facial features; (II) a statement, in easily understandable common language, that the requirements of this subsection are binding upon the abortion provider and all other medical personnel, that such abortion providers and medical personnel are subject to criminal and civil penalties for violations of these requirements, and that a woman on whom an abortion has been performed may take civil action if these requirements are not followed; and (III) an affirmation that each individual signing the Informed Consent Authorization form has filled out the form to the best of his or her knowledge and understands the information contained in the form. (B) Signatories required The Informed Consent Authorization form required under this subsection shall be signed in person by the woman seeking the abortion, the abortion provider performing or attempting to perform the abortion, and a witness. (C) Retention of consent form The abortion provider performing or attempting to perform an abortion shall retain the signed Informed Consent Authorization form required under this subsection in the patient's medical file. (D) Requirement for data retention Paragraph (j)(2) of section 164.530 of title 45, Code of Federal Regulations, shall apply to the Informed Consent Authorization form required to be placed in a patient's medical file pursuant to subparagraph (C) in the same manner and to the same extent as such paragraph applies to documentation required by paragraph (j)(1) of such section. (E) Copy of form A copy of the signed Informed Consent Authorization required under this subsection shall be provided to the woman seeking an abortion. (4) Exceptions The requirements of this subsection shall not apply if, in reasonable medical judgment, compliance with paragraph (2) would pose a greater risk of— (A) the death of the pregnant woman; or (B) the substantial and irreversible physical impairment of a major bodily function, not including psychological or emotional conditions, of the pregnant woman. (b) Penalty for failure To comply (1) Civil penalty (A) Enforcement by Attorney General The Attorney General shall commence a civil action in an appropriate district court of the United States under this subsection against any abortion provider who knowingly commits a violation of subsection (a). (B) Penalty In a civil action under subparagraph (A), the court may, to vindicate the public interest, assess a civil penalty against the abortion provider in an amount— (i) not less than $100,000 and not more than $150,000, for each such violation that is adjudicated in the first proceeding against such abortion provider under this subsection; or (ii) not less than $150,001 and not more than $250,000, for each such violation that is adjudicated in a subsequent proceeding against such abortion provider under this subsection. (C) Notification Upon the assessment of a civil penalty under subparagraph (B), the Attorney General shall notify the appropriate State medical licensing authority. (D) No penalties for pregnant women A pregnant woman shall not be subject to any penalty under this section. (2) Private right of action (A) In general A woman or a parent of a minor upon whom an abortion has been performed in violation of subsection (a) may commence a civil action against the abortion provider for appropriate relief. (B) Appropriate relief Appropriate relief in a civil action under this paragraph includes— (i) objectively verifiable money damages for all injuries, psychological and physical, occasioned by the violation; (ii) statutory damages equal to 3 times the cost of the abortion; and (iii) punitive damages. (C) Attorney's fees for plaintiff The court shall award a reasonable attorney's fee as part of the costs to a prevailing plaintiff in a civil action under this paragraph. (D) Attorney's fees for defendant If a defendant in a civil action under this paragraph prevails and the court finds that the plaintiff's suit was frivolous, the court shall award a reasonable attorney's fee in favor of the defendant against the plaintiff. (E) Awards against woman In any civil action under this paragraph, no damages or other monetary relief, and no attorney's fees except as provided under subparagraph (D), may be assessed against the woman upon whom the abortion was performed or attempted. (c) Preemption Nothing in this title or the amendments made by this title shall be construed to preempt any provision of State law to the extent that such State law establishes, implements, or continues in effect disclosure requirements regarding abortion or penalties for failure to comply with such requirements that are more extensive than those provided under the amendment made by this title. (d) Rule of construction Nothing in this title shall be construed to prohibit an abortion provider from presenting the information required under subsection (a) to a pregnant woman at the same time as acquiring informed consent for an abortion from such woman in accordance with State law, provided that the presentation of such information occurs at least 24 hours before the abortion. (e) Definitions In this section: (1) Abortion The term abortion means the use or prescription of any instrument, medicine, drug, or any other substance or device to intentionally— (A) kill the unborn child of a woman known to be pregnant; or (B) terminate the pregnancy of a woman known to be pregnant, with an intention other than— (i) after viability, to produce a live birth and preserve the life and health of the child born alive; (ii) to remove a dead unborn child; or (iii) to treat an ectopic pregnancy. (2) Abortion provider The term abortion provider means a person— (A) licensed to practice medicine and surgery or osteopathic medicine and surgery; or (B) otherwise legally authorized to perform an abortion. (3) Attempt The term attempt , with respect to an abortion, means conduct that, under the circumstances as the actor believes them to be, constitutes a substantial step in a course of conduct planned to culminate in performing an abortion. (4) Minor The term minor means an individual who has not attained the age of 18 years. (5) Perform The term perform , with respect to an abortion, includes inducing an abortion through a medical or chemical intervention including writing a prescription for a drug or device intended to result in an abortion. (6) Reasonable medical judgment The term reasonable medical judgment means a medical judgment that would be made by a reasonably prudent abortion provider, knowledgeable about the case and the treatment possibilities with respect to the medical conditions involved. (7) Unborn child The term unborn child means an individual organism of the species homo sapiens, beginning at fertilization, until the point of being born alive as defined in section 8(b) of title 1, United States Code. (8) Woman The term woman means a female human being whether or not she has reached the age of majority. 104. Life.Gov: awareness for expecting mothers The Public Health Service Act ( 42 U.S.C. 201 et seq. ) 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, and make public, 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. The Secretary shall establish a process for a resource provider to appeal a decision on inclusion. (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) Privacy Protection (1) Any entity providing resources under this title must have a privacy policy and procedures in place to ensure that the name, address, telephone number, or any other information that might identify any woman seeking the services of the program is not made public or shared with any other agency or organization without the written consent of the woman. All communications between the resource and the woman must remain confidential and any entity providing resources shall adhere to requirements comparable to those applicable under the HIPAA privacy regulation (as defined in section 1180(b)(3) of the Social Security Act) to covered entities (as defined for purposes of such regulation). (2) Notwithstanding paragraph (1), the Secretary has access to any information necessary to monitor and review a grantee’s program as required under subsection (k). (k) Reporting requirements (1) In general Not later than 180 days after the 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. (l) Definitions In this section: (1) Abortion The term abortion means the use or prescription of any instrument, medicine, drug, or any other substance or device to intentionally— (A) kill the unborn child of a woman known to be pregnant; or (B) terminate the pregnancy of a woman known to be pregnant, with an intention other than— (i) after viability, to produce a live birth and preserve the life and health of the child born alive; (ii) to remove a dead unborn child; or (iii) to treat an ectopic pregnancy. (2) Born alive The term born alive has the meaning given such term in section 8(b) of title 1, United States Code. (3) Prohibited entity The term prohibited entity means an entity, including its affiliates, subsidiaries, successors, and clinics that performs, induces, refers for, or counsels in favor of abortions, or provides financial support to any other organization that conducts such activities. (4) Unborn child The term unborn child means an individual organism of the species homo sapiens, beginning at fertilization, until the point of being born alive.. 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, and make public, 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. The Secretary shall establish a process for a resource provider to appeal a decision on inclusion. (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) Privacy Protection (1) Any entity providing resources under this title must have a privacy policy and procedures in place to ensure that the name, address, telephone number, or any other information that might identify any woman seeking the services of the program is not made public or shared with any other agency or organization without the written consent of the woman. All communications between the resource and the woman must remain confidential and any entity providing resources shall adhere to requirements comparable to those applicable under the HIPAA privacy regulation (as defined in section 1180(b)(3) of the Social Security Act) to covered entities (as defined for purposes of such regulation). (2) Notwithstanding paragraph (1), the Secretary has access to any information necessary to monitor and review a grantee’s program as required under subsection (k). (k) Reporting requirements (1) In general Not later than 180 days after the 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. (l) Definitions In this section: (1) Abortion The term abortion means the use or prescription of any instrument, medicine, drug, or any other substance or device to intentionally— (A) kill the unborn child of a woman known to be pregnant; or (B) terminate the pregnancy of a woman known to be pregnant, with an intention other than— (i) after viability, to produce a live birth and preserve the life and health of the child born alive; (ii) to remove a dead unborn child; or (iii) to treat an ectopic pregnancy. (2) Born alive The term born alive has the meaning given such term in section 8(b) of title 1, United States Code. (3) Prohibited entity The term prohibited entity means an entity, including its affiliates, subsidiaries, successors, and clinics that performs, induces, refers for, or counsels in favor of abortions, or provides financial support to any other organization that conducts such activities. (4) Unborn child The term unborn child means an individual organism of the species homo sapiens, beginning at fertilization, until the point of being born alive. 105. Parental notification (a) Requirement Any physician who, in or affecting interstate or foreign commerce, performs or induces an abortion on a minor shall provide, or cause his or her agent to provide— (1) at least 24 hours of actual notice to a parent of the minor before performing or inducing the abortion; or (2) at least 48 hours of constructive notice to a parent of the minor before performing or inducing the abortion. (b) Exceptions The notification requirement of subsection (a) does 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, but an exception under this paragraph does not apply unless the attending physician or an agent of such physician, within 24 hours after completion of the abortion, notifies a parent 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 agent with documentation showing with a reasonable degree of certainty that he or she is in fact the parent of that minor. (c) Penalty for failure To comply (1) Civil penalty (A) Enforcement by Attorney General The Attorney General shall commence a civil action in an appropriate district court of the United States under this subsection against any physician who commits a violation of subsection (a). (B) Penalty In a civil action under subparagraph (A), the court may, to vindicate the public interest, assess a civil penalty against the physician in an amount— (i) not less than $100,000 and not more than $150,000, for each such violation that is adjudicated in the first proceeding against such physician under this subsection; or (ii) not less than $150,001 and not more than $250,000, for each such violation that is adjudicated in a subsequent proceeding against such physician under this subsection. (C) Notification Upon the assessment of a civil penalty under subparagraph (B), the Attorney General shall notify the appropriate State medical licensing authority. (D) No penalties for pregnant women A pregnant woman shall not be subject to any penalty under this section. (2) Private right of action (A) In general A parent of a minor upon whom an abortion has been performed or induced in violation of subsection (a) (other than a parent described in subsection (b)(3)) may commence a civil action against the physician for appropriate relief. (B) Appropriate relief Appropriate relief in a civil action under this paragraph includes— (i) objectively verifiable money damages for all injuries, psychological and physical, occasioned by the violation; (ii) statutory damages equal to 3 times the cost of the abortion; and (iii) punitive damages. (C) Attorney's fees for plaintiff The court shall award a reasonable attorney's fee as part of the costs to a prevailing party in a civil action under this paragraph. (d) Definitions For the purposes of this section— (1) the term abortion means the use or prescription of any instrument, medicine, drug, or any other substance or device to intentionally— (A) kill the unborn child of a woman known to be pregnant; or (B) terminate the pregnancy of a woman known to be pregnant, with an intention other than— (i) after viability, to produce a live birth and preserve the life and health of the child born alive; (ii) to remove a dead unborn child; or (iii) to treat an ectopic pregnancy; (2) the term actual notice means the giving of written notice directly, in person, by the physician or any agent of the physician; (3) the term constructive notice means notice that is given by certified mail, return receipt requested, restricted delivery to the last known address of the person being notified, with delivery deemed to have occurred 48 hours following noon on the next day subsequent to mailing on which regular mail delivery takes place, days on which mail is not delivered excluded; (4) the term law requiring parental involvement in a minor’s abortion decision means a law— (A) requiring, before an abortion is performed on a minor, either— (i) the notification to 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 any person or entity who is not described in that subparagraph; (5) the term minor means an individual who has not attained the age of 18 years and who is not emancipated under the law of the State in which the minor resides; (6) the term parent means— (A) a parent or guardian; (B) a legal custodian; or (C) a person standing in loco parentis who has care and control of the minor, and with whom the minor regularly resides, as determined by State law; (7) the term physician means a doctor of medicine legally authorized to practice medicine by the State in which such doctor practices medicine, or any other person legally empowered under State law to perform an abortion; and (8) the term State includes the District of Columbia and any commonwealth, possession, or other territory of the United States, and any Indian Tribe or reservation. 106. Moratorium on Federal funding to Planned Parenthood Federation of America, Inc (a) In general For the one-year period beginning on the date of the enactment of this Act, subject to subsection (b), no funds authorized or appropriated by Federal law may be made available for any purpose to Planned Parenthood Federation of America, Inc., or any affiliate or clinic of Planned Parenthood Federation of America, Inc., unless such entities certify that Planned Parenthood Federation of America affiliates and clinics will not perform, and will not provide any funds to any other entity that performs, an abortion during such period. (b) Exception Subsection (a) shall not apply to an abortion— (1) if the pregnancy is the result of an act of rape or incest; or (2) in the case where a woman suffers from a physical disorder, physical injury, or physical illness that would, as certified by a physician, place the woman in danger of death unless an abortion is performed, including a life-endangering physical condition caused by or arising from the pregnancy itself. (c) Repayment The Secretary of Health and Human Services and the Secretary of Agriculture shall seek repayment of any Federal assistance received by Planned Parenthood Federation of America, Inc., or any affiliate or clinic of Planned Parenthood Federation of America, Inc., if it violates the terms of the certification required by subsection (a) during the period specified in subsection (a). 107. Funding There is authorized to be appropriated, and appropriated, $235,000,000 to carry out sections 101, 102, and 103 of this Act, and section 3401 of the Public Health Service Act, as added by section 104. 201. Rule of construction Nothing in this Act shall be construed to reduce overall Federal funding available in support of women’s health.
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[ "Energy and Commerce Committee" ]
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To support the education of Indian children.
[ { "text": "1. Short title \nThis Act may be cited as the Native Educator Support and Training Act or the NEST Act.", "id": "H99E45F8A0BB444CB8B17D00684CE7AB9", "header": "Short title", "nested": [], "links": [] }, { "text": "101. Scholarship programs for educators of Indian students and Indian educators \nPart B of title II of the Higher Education Act ( 20 U.S.C. 1031 et seq. ) is amended by adding at the end the following: 6 Indian educator scholarship program \n259A. Purpose; definitions \n(a) Purpose \nThe purposes of this subpart are— (1) to carry out the United States trust responsibility for the education of Indian children; and (2) to provide a more stable base of education professionals with an understanding of the needs of Indian students to serve in early childhood education programs, public elementary schools and secondary schools, schools funded by the Bureau of Indian Education, the Department of Education, State educational agencies, tribal education agencies, and local educational agencies. (b) Definitions \nIn this subpart: (1) The term Indian shall have the meaning given that term in section 316. (2) The term Bureau-funded school shall have the meaning given that term in section 1141 of the Education Amendments of 1978 ( 25 U.S.C. 2021 ). (3) The term Native-serving institution of higher education shall mean any institution of higher education eligible under section 316, 317, or 319. (4) The term tribal educational agency shall have the meaning given the term in section 6132 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7452 ). (5) The term Bureau of Indian Education early childhood development program means a program operating under a grant authorized by section 1139 of the Education Amendments of 1978 ( 25 U.S.C. 2019 ). (6) The term tribal early childhood education program shall mean any of the following programs: (A) An American Indian or Alaska Native Head Start or Early Head Start program carried out under the Head Start Act ( 42 U.S.C. 9831 et seq. ). (B) A tribal child care and development program carried out under the Child Care and Development Block Grant Act of 1990 ( 42 U.S.C. 9858 et seq. ). (C) A program serving children from birth through age 6 that— (i) receives funding support from the Native American language preservation and maintenance program carried out under section 803C of the Native American Programs Act of 1974 ( 42 U.S.C. 2991b–3 ); (ii) is a tribal prekindergarten program; (iii) is a program authorized under section 619 or part C of the Individuals with Disabilities Education Act ( 20 U.S.C. 1419 ; 20 U.S.C. 1431 et seq. ); or (iv) is a center-based or group-based early childhood learning or development program that the Secretary determines shall be included under this definition, after receiving a request from an Indian tribe. 259B. Terms and conditions of scholarship contracts \n(a) In General \nUnless otherwise specified, a scholarship grant under this subpart shall have the terms and conditions described in this section. (b) Contents of contract \n(1) In general \nThe written contract between the Secretary and the individual receiving a scholarship grant under this subpart shall contain the following: (A) A statement that the Secretary agrees to provide the individual with a scholarship in accordance with section 259C, 259D, or 259E, as the case may be. (B) A statement that the individual agrees— (i) to accept the relevant scholarship under this subpart; (ii) to maintain enrollment in the course of study for which the scholarship was awarded until the individual completes the course of study; (iii) while enrolled in such course of study, to maintain an acceptable level of academic standing (as determined by the Secretary, taking into account the requirements of the institution of higher education offering such course of study); and (iv) to serve, through full-time employment at an eligible school or eligible service employer (as described under section 259C, 259D, or 259E, as the case may be), for a time period (referred to in this section as the period of obligated service ) equal to the greater of— (I) 1 year for the equivalent of each school year for which the individual was provided a scholarship under this subpart; or (II) 3 years. (C) A statement of the damages to which the United States is entitled, under subsection (d), for the individual’s breach of the contract. (D) Any other relevant statements of the rights and liabilities of the Secretary and of the individual, in accordance with the provisions of this subpart. (2) Period of obligated service \n(A) In General \nThe recipient of a scholarship grant under this subpart shall be required to carry out a period of obligated service, as described in paragraph (1)(B)(iv). (B) Deferment \n(i) In general \nAt the request of an individual who has entered into a contract described in this subsection, the Secretary shall grant a deferment for the period of obligated service of such individual under such contract for any of the following reasons: (I) Advanced study \nFor advanced study to enable such individual to complete a course of study— (aa) leading to an advanced degree in early childhood education, elementary or secondary education or school administration; or (bb) needed to become certified by a State or Indian tribe to teach, for an appropriate period (in years, as determined by the Secretary). (II) Family and medical leave \nFor family or medical leave for a period in alignment with section 102 of the Family and Medical Leave Act of 1993 ( 29 U.S.C. 2612 ) and as approved by the Secretary. (III) Military service \nIf the individual is a member of the National Guard or other reserve component of the Armed Forces of the United States, or a member of such Armed Forces in a retired status, and such individual is called or ordered to active duty (as defined in section 101(d)(1) of title 10, United States Code), such individual shall be eligible for a deferment during the period of active duty and for an appropriate period (as determined by the Secretary) after returning from active duty. (ii) Conditions of deferment \nA deferment granted under this subparagraph shall be subject to the following conditions: (I) The deferment period shall not be counted as satisfying any period of obligated service that is required under this section. (II) The period of obligated service of the individual shall commence at the later of— (aa) 90 days after the completion of the deferment period; (bb) the commencement of the first school year at the school where the individual has been hired that begins after the completion of the deferment; or (cc) a date specified by the Secretary. (C) Part-time study \nIn the case of an individual receiving a scholarship under this subpart who is enrolled part-time in an approved course of study— (i) a scholarship under this subpart shall be for a period of years not to exceed the part-time equivalent of 4 years, as determined by the Secretary; (ii) the period of obligated service shall be equal to the greater of— (I) 1 year for the equivalent of each full-time academic year for which the individual was provided a scholarship (as determined by the Secretary by adding the fractions of a full-time academic year that each period of part-time attendance comprises); or (II) 2 years; and (iii) the amount of the monthly stipend specified in subsection (c) shall be reduced pro rata, as determined by the Secretary, based on the number of hours of study in which such individual is enrolled. (c) Scholarship \n(1) In general \nA scholarship provided to a student under this subpart for a school year shall equal the amount of— (A) the tuition of the student; (B) all other reasonable educational expenses incurred by the student in such school year, including fees, books, laboratory expenses, and other expenses as determined by the Secretary; and (C) a stipend of $800 per month (adjusted in accordance with paragraph (3)) for each of the 12 consecutive months beginning with the first month of such school year. (2) Payment to an institution of higher education \nThe Secretary may contract with an institution of higher education in which a participant in the scholarship program under this subpart is enrolled for the payment to such institution on behalf of the student of the amounts of tuition and other reasonable educational expenses described in subparagraphs (A) and (B) of paragraph (1). Payment to such institution may be made without regard to subsections (a) and (b) of section 3324 of title 31, United States Code. (3) Stipend \nThe amount of the monthly stipend described in paragraph (1)(C) shall be increased by the Secretary for each school year ending in a fiscal year beginning after September 30, 2024, by the amount (rounded to the next highest multiple of $1) equal to the amount of such stipend multiplied by the percentage adjustment in the rates of pay under the General Schedule taking effect under section 5303 of title 5, United States Code, during the fiscal year in which such school year ends (if such adjustment is an increase). (d) Liability; failure To complete the period of obligated service; repayment \n(1) Liability \nAn individual who has entered into a written contract with the Secretary under this section shall be liable to the United States for the amount which has been paid to, or on behalf of, such individual under the contract, if such individual— (A) fails to maintain an acceptable level of academic standing in the institution of higher education in which the individual is enrolled (as determined by the Secretary taking into account the requirements of the institution of higher education offering such course of study); (B) is dismissed from such institution of higher education for disciplinary reasons; (C) voluntarily terminates the training in such institution of higher education for which such individual is provided a scholarship under such contract before the completion of such training; or (D) fails to accept payment, or instructs the institution of higher education in which such individual is enrolled not to accept payment, under this section. (2) Failure to complete the period of obligated service \nAn individual who has entered into a written contract with the Secretary under this section may petition the Secretary to delay the date on which the individual would otherwise be required to begin the period of obligated service if such individual has not succeeded in obtaining employment required by this section. In support of such petition, the individual shall supply such reasonable information as the Secretary may require. The Secretary shall retain full discretion regarding the decision about whether to grant or decline such a delay and to determine the duration of any delay that is granted. (3) Repayment \n(A) In general \nAn individual who has entered into a written contract with the Secretary under this section and who is liable for any amount of damages which the United States is entitled to recover under this subsection shall— (i) begin payment of such damages to the United States within 1 year of the date of the breach or on such later date as specified by the Secretary; and (ii) repay the amount of such damages in full following a schedule and by a deadline determined by the Secretary. (B) Recovery of damages \nIf damages described in subparagraph (A) are delinquent for 3 months, the Secretary shall, for the purpose of recovering such damages— (i) utilize collection agencies contracted with by the Administrator of the General Services Administration; or (ii) enter into contracts for the recovery of such damages with collection agencies selected by the Secretary. (C) Contracts for recovery of damages \nEach contract for recovering damages pursuant to this paragraph shall provide that the contractor will, not less than once every 6 months, submit to the Secretary a status report on the success of the contractor in collecting such damages. Section 3718 of title 31, United States Code, shall apply to any such contract to the extent not inconsistent with this subsection. (4) Death \nUpon the death of an individual who receives, or has received, a scholarship under this subpart, any obligation of such individual for service or payment that relates to such scholarship shall be canceled. (5) Waiver \n(A) Required waiver \nThe Secretary shall provide for the partial or total waiver or suspension of any obligation of service or payment of a recipient of a scholarship under this subpart, if the Secretary determines that— (i) it is not possible for the recipient to meet the obligation or make the payment; (ii) requiring the recipient to meet the obligation or make the payment would result in extreme hardship to the recipient; or (iii) the enforcement of the requirement to meet the obligation or make the payment would be unconscionable. (B) Permissible waiver \nNotwithstanding any other provision of law, for other good cause shown, the Secretary may waive, in whole or in part, the right of the United States to recover funds made available under this section. (6) Bankruptcy \n(A) In general \nSubject to subparagraph (B), and notwithstanding any other provision of law, with respect to a recipient of a scholarship under this subpart, no obligation for payment may be released by a discharge in bankruptcy under title 11. (B) Exception \nThe prohibition described in subparagraph (A) shall not apply if— (i) such discharge is granted after the expiration of the 5-year period beginning on the initial date on which that payment is due; and (ii) the bankruptcy court finds that the nondischarge of the obligation would be unconscionable. (e) Applicability of other provisions \nNotwithstanding any other provision of law, an individual receiving a scholarship under this subpart shall continue to be eligible for any other grant programs and loan forgiveness programs for which the individual would otherwise be eligible. 259C. Indian student educator scholarship program \n(a) Grants authorized \n(1) In general \nThe Secretary shall provide to each eligible applicant who is accepted for a scholarship under this section with a scholarship grant in each school year or years for a period during which such individual is pursuing a course of study in early childhood education, elementary or secondary education, or school administration at an institution of higher education. (2) Designation \nScholarships made under paragraph (1) shall be designated Indian student educator scholarships. (b) Eligibility \n(1) In general \nThe Secretary shall select which eligible applicants will receive an Indian student educator scholarship under subsection (a). (2) Criteria \nIn order to be eligible to receive an Indian student educator scholarship, an individual shall— (A) be accepted for enrollment, or be enrolled, as a full-time or part-time student in a course of study in early childhood education, elementary or secondary education, or school administration at an institution of higher education; (B) submit an application to participate in the Indian educator scholarship program at such time and in such manner as the Secretary shall determine; and (C) sign and submit to the Secretary, at the time that such application is submitted, a written contract as described in section 259B, which shall include a commitment to serve through full-time employment at an eligible school for the period of obligated service. (c) Eligible schools \nAn individual shall be considered to be serving, through full-time employment at an eligible school, as required under section 259B(b)(1)(B)(iv), if the individual is employed full-time— (1) in a Bureau-funded school, including a Bureau of Indian Education early childhood development program; (2) in a public elementary school or secondary school that serves a significant number of Indian students, as determined by the Secretary in consultation with Indian tribes; (3) in a tribal early childhood education program; or (4) in a federally-funded early childhood education program that serves a significant number of Indian students, as determined by the Secretary in consultation with Indian tribes. (d) Placement assistance \nThe Secretary shall assist the recipient of an Indian educator scholarship in learning about placement opportunities in eligible schools by transmitting the name and educational credentials of such recipient to— (1) State educational agency clearinghouses for recruitment and placement of early childhood, kindergarten, elementary school, and secondary school teachers and school administrators in States with a significant number of Indian children; (2) Bureau of Indian Education early childhood development programs; (3) elementary schools and secondary schools that are Bureau-funded schools; and (4) tribal educational agencies. 259D. Indian educator scholarship program \n(a) Grants authorized \n(1) In general \nThe Secretary shall provide to each eligible applicant who is accepted for a scholarship under this section with a scholarship grant in each school year or years for a period during which such individual is pursuing a course of study in early childhood education, elementary or secondary education, or school administration at an institution of higher education. (2) Designation \nScholarships made under paragraph (1) shall be designated Indian educator scholarships. (b) Eligibility \n(1) In general \nThe Secretary shall select which eligible applicants will receive an Indian educator scholarship under subsection (a). (2) Criteria \nIn order to be eligible to receive an Indian educator scholarship, an individual shall— (A) be an Indian; (B) be accepted for enrollment, or be enrolled, as a full-time or part-time student in a course of study in early childhood education, elementary or secondary education, or school administration at an institution of higher education; (C) submit an application to participate in the Indian educator scholarship program at such time and in such manner as the Secretary shall determine; and (D) sign and submit to the Secretary, at the time that such application is submitted, a written contract as described in section 259B, which shall include a commitment to serve through full-time employment at an eligible school for the period of obligated service. (c) Eligible schools \nAn individual shall be considered to be serving, through full-time employment at an eligible school, as required under as section 259B(b)(1)(B)(iv), if the individual is employed full-time— (1) in a Bureau-funded school, including a Bureau of Indian Education early childhood development program; (2) in a public elementary school or secondary school that is in the school district of a local educational agency which is eligible during the period of obligated service for assistance under part A of title I of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6311 et seq. ); (3) in a tribal early childhood education program; or (4) in a federally-funded early childhood education program that serves a significant number of Indian students, as determined by the Secretary in consultation with Indian tribes. (d) Placement assistance \nThe Secretary shall assist the recipient of an Indian educator scholarship in learning about placement opportunities in eligible schools by transmitting the name and educational credentials of such recipient to— (1) State educational agency clearinghouses for recruitment and placement of kindergarten, elementary school, and secondary school teachers and school administrators in States with a significant number of Indian children; (2) Bureau of Indian Education early childhood development programs; (3) elementary schools and secondary schools that are Bureau-funded schools; and (4) tribal educational agencies. 259E. Indian educator graduate fellowship program \n(a) Grants authorized \n(1) In general \nThe Secretary shall make scholarship grants in accordance with this section to Indians who are enrolled on a full-time or part-time basis in institutions of higher education and pursuing a graduate level course of study in education or school administration. (2) Designation \nScholarships made under paragraph (1) shall be designated Indian educator graduate fellowships. (b) Eligibility \n(1) In general \nThe Secretary shall select which eligible applicants will receive an Indian educator graduate fellowship under subsection (a). (2) Criteria \nIn order to be eligible to receive an Indian educator graduate fellowship, an individual shall— (A) be an Indian; (B) be accepted for enrollment, or be enrolled, as a full-time or part-time student in a graduate level course of study in education or school administration at an institution of higher education; (C) submit an application to participate in the Indian educator graduate fellowship program at such time and in such manner as the Secretary shall determine; and (D) sign and submit to the Secretary, at the time that such application is submitted, a written contract as described in section 259B, which shall include a commitment to serve through full-time employment at an eligible service employer for the period of obligated service. (c) Eligible service employers \nAn individual shall be considered to be serving, through full-time employment at an eligible service employer, as required under section 259B(b)(1)(B)(iv), if the individual is employed full-time— (1) in a Bureau-funded school; (2) in a public elementary school or secondary school that serves a significant number of Indian students, as determined by the Secretary in consultation with Indian tribes; (3) by a Native-serving institution of higher education; (4) in a tribal early childhood education program; (5) in a federally-funded early childhood education program that serves a significant number of Indian students, as determined by the Secretary in consultation with Indian tribes; (6) for a tribal educational agency; (7) for a State educational agency or local educational agency that serves a significant number of Indian students, as defined by the Secretary in consultation with Indian tribes; (8) for the Department of Education; or (9) for the Bureau of Indian Education. (d) Placement assistance \nThe Secretary shall assist the recipient of an Indian educator graduate fellowship in learning about placement opportunities in eligible service employers in such manner as the Secretary determines appropriate..", "id": "H651A37C388A147D7967C39D8377E6E52", "header": "Scholarship programs for educators of Indian students and Indian educators", "nested": [], "links": [ { "text": "20 U.S.C. 1031 et seq.", "legal-doc": "usc", "parsable-cite": "usc/20/1031" }, { "text": "25 U.S.C. 2021", "legal-doc": "usc", "parsable-cite": "usc/25/2021" }, { "text": "20 U.S.C. 7452", "legal-doc": "usc", "parsable-cite": "usc/20/7452" }, { "text": "25 U.S.C. 2019", "legal-doc": "usc", "parsable-cite": "usc/25/2019" }, { "text": "42 U.S.C. 9831 et seq.", "legal-doc": "usc", "parsable-cite": "usc/42/9831" }, { "text": "42 U.S.C. 9858 et seq.", "legal-doc": "usc", "parsable-cite": "usc/42/9858" }, { "text": "42 U.S.C. 2991b–3", "legal-doc": "usc", "parsable-cite": "usc/42/2991b-3" }, { "text": "20 U.S.C. 1419", "legal-doc": "usc", "parsable-cite": "usc/20/1419" }, { "text": "20 U.S.C. 1431 et seq.", "legal-doc": "usc", "parsable-cite": "usc/20/1431" }, { "text": "29 U.S.C. 2612", "legal-doc": "usc", "parsable-cite": "usc/29/2612" }, { "text": "20 U.S.C. 6311 et seq.", "legal-doc": "usc", "parsable-cite": "usc/20/6311" } ] }, { "text": "259A. Purpose; definitions \n(a) Purpose \nThe purposes of this subpart are— (1) to carry out the United States trust responsibility for the education of Indian children; and (2) to provide a more stable base of education professionals with an understanding of the needs of Indian students to serve in early childhood education programs, public elementary schools and secondary schools, schools funded by the Bureau of Indian Education, the Department of Education, State educational agencies, tribal education agencies, and local educational agencies. (b) Definitions \nIn this subpart: (1) The term Indian shall have the meaning given that term in section 316. (2) The term Bureau-funded school shall have the meaning given that term in section 1141 of the Education Amendments of 1978 ( 25 U.S.C. 2021 ). (3) The term Native-serving institution of higher education shall mean any institution of higher education eligible under section 316, 317, or 319. (4) The term tribal educational agency shall have the meaning given the term in section 6132 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7452 ). (5) The term Bureau of Indian Education early childhood development program means a program operating under a grant authorized by section 1139 of the Education Amendments of 1978 ( 25 U.S.C. 2019 ). (6) The term tribal early childhood education program shall mean any of the following programs: (A) An American Indian or Alaska Native Head Start or Early Head Start program carried out under the Head Start Act ( 42 U.S.C. 9831 et seq. ). (B) A tribal child care and development program carried out under the Child Care and Development Block Grant Act of 1990 ( 42 U.S.C. 9858 et seq. ). (C) A program serving children from birth through age 6 that— (i) receives funding support from the Native American language preservation and maintenance program carried out under section 803C of the Native American Programs Act of 1974 ( 42 U.S.C. 2991b–3 ); (ii) is a tribal prekindergarten program; (iii) is a program authorized under section 619 or part C of the Individuals with Disabilities Education Act ( 20 U.S.C. 1419 ; 20 U.S.C. 1431 et seq. ); or (iv) is a center-based or group-based early childhood learning or development program that the Secretary determines shall be included under this definition, after receiving a request from an Indian tribe.", "id": "HD393AEEB26084A14902EF839A1B04650", "header": "Purpose; definitions", "nested": [ { "text": "(a) Purpose \nThe purposes of this subpart are— (1) to carry out the United States trust responsibility for the education of Indian children; and (2) to provide a more stable base of education professionals with an understanding of the needs of Indian students to serve in early childhood education programs, public elementary schools and secondary schools, schools funded by the Bureau of Indian Education, the Department of Education, State educational agencies, tribal education agencies, and local educational agencies.", "id": "H2E39558553124B4EA895FD943B15363A", "header": "Purpose", "nested": [], "links": [] }, { "text": "(b) Definitions \nIn this subpart: (1) The term Indian shall have the meaning given that term in section 316. (2) The term Bureau-funded school shall have the meaning given that term in section 1141 of the Education Amendments of 1978 ( 25 U.S.C. 2021 ). (3) The term Native-serving institution of higher education shall mean any institution of higher education eligible under section 316, 317, or 319. (4) The term tribal educational agency shall have the meaning given the term in section 6132 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7452 ). (5) The term Bureau of Indian Education early childhood development program means a program operating under a grant authorized by section 1139 of the Education Amendments of 1978 ( 25 U.S.C. 2019 ). (6) The term tribal early childhood education program shall mean any of the following programs: (A) An American Indian or Alaska Native Head Start or Early Head Start program carried out under the Head Start Act ( 42 U.S.C. 9831 et seq. ). (B) A tribal child care and development program carried out under the Child Care and Development Block Grant Act of 1990 ( 42 U.S.C. 9858 et seq. ). (C) A program serving children from birth through age 6 that— (i) receives funding support from the Native American language preservation and maintenance program carried out under section 803C of the Native American Programs Act of 1974 ( 42 U.S.C. 2991b–3 ); (ii) is a tribal prekindergarten program; (iii) is a program authorized under section 619 or part C of the Individuals with Disabilities Education Act ( 20 U.S.C. 1419 ; 20 U.S.C. 1431 et seq. ); or (iv) is a center-based or group-based early childhood learning or development program that the Secretary determines shall be included under this definition, after receiving a request from an Indian tribe.", "id": "HFB7A940EB80B4CE5B6A0E27C69920E6E", "header": "Definitions", "nested": [], "links": [ { "text": "25 U.S.C. 2021", "legal-doc": "usc", "parsable-cite": "usc/25/2021" }, { "text": "20 U.S.C. 7452", "legal-doc": "usc", "parsable-cite": "usc/20/7452" }, { "text": "25 U.S.C. 2019", "legal-doc": "usc", "parsable-cite": "usc/25/2019" }, { "text": "42 U.S.C. 9831 et seq.", "legal-doc": "usc", "parsable-cite": "usc/42/9831" }, { "text": "42 U.S.C. 9858 et seq.", "legal-doc": "usc", "parsable-cite": "usc/42/9858" }, { "text": "42 U.S.C. 2991b–3", "legal-doc": "usc", "parsable-cite": "usc/42/2991b-3" }, { "text": "20 U.S.C. 1419", "legal-doc": "usc", "parsable-cite": "usc/20/1419" }, { "text": "20 U.S.C. 1431 et seq.", "legal-doc": "usc", "parsable-cite": "usc/20/1431" } ] } ], "links": [ { "text": "25 U.S.C. 2021", "legal-doc": "usc", "parsable-cite": "usc/25/2021" }, { "text": "20 U.S.C. 7452", "legal-doc": "usc", "parsable-cite": "usc/20/7452" }, { "text": "25 U.S.C. 2019", "legal-doc": "usc", "parsable-cite": "usc/25/2019" }, { "text": "42 U.S.C. 9831 et seq.", "legal-doc": "usc", "parsable-cite": "usc/42/9831" }, { "text": "42 U.S.C. 9858 et seq.", "legal-doc": "usc", "parsable-cite": "usc/42/9858" }, { "text": "42 U.S.C. 2991b–3", "legal-doc": "usc", "parsable-cite": "usc/42/2991b-3" }, { "text": "20 U.S.C. 1419", "legal-doc": "usc", "parsable-cite": "usc/20/1419" }, { "text": "20 U.S.C. 1431 et seq.", "legal-doc": "usc", "parsable-cite": "usc/20/1431" } ] }, { "text": "259B. Terms and conditions of scholarship contracts \n(a) In General \nUnless otherwise specified, a scholarship grant under this subpart shall have the terms and conditions described in this section. (b) Contents of contract \n(1) In general \nThe written contract between the Secretary and the individual receiving a scholarship grant under this subpart shall contain the following: (A) A statement that the Secretary agrees to provide the individual with a scholarship in accordance with section 259C, 259D, or 259E, as the case may be. (B) A statement that the individual agrees— (i) to accept the relevant scholarship under this subpart; (ii) to maintain enrollment in the course of study for which the scholarship was awarded until the individual completes the course of study; (iii) while enrolled in such course of study, to maintain an acceptable level of academic standing (as determined by the Secretary, taking into account the requirements of the institution of higher education offering such course of study); and (iv) to serve, through full-time employment at an eligible school or eligible service employer (as described under section 259C, 259D, or 259E, as the case may be), for a time period (referred to in this section as the period of obligated service ) equal to the greater of— (I) 1 year for the equivalent of each school year for which the individual was provided a scholarship under this subpart; or (II) 3 years. (C) A statement of the damages to which the United States is entitled, under subsection (d), for the individual’s breach of the contract. (D) Any other relevant statements of the rights and liabilities of the Secretary and of the individual, in accordance with the provisions of this subpart. (2) Period of obligated service \n(A) In General \nThe recipient of a scholarship grant under this subpart shall be required to carry out a period of obligated service, as described in paragraph (1)(B)(iv). (B) Deferment \n(i) In general \nAt the request of an individual who has entered into a contract described in this subsection, the Secretary shall grant a deferment for the period of obligated service of such individual under such contract for any of the following reasons: (I) Advanced study \nFor advanced study to enable such individual to complete a course of study— (aa) leading to an advanced degree in early childhood education, elementary or secondary education or school administration; or (bb) needed to become certified by a State or Indian tribe to teach, for an appropriate period (in years, as determined by the Secretary). (II) Family and medical leave \nFor family or medical leave for a period in alignment with section 102 of the Family and Medical Leave Act of 1993 ( 29 U.S.C. 2612 ) and as approved by the Secretary. (III) Military service \nIf the individual is a member of the National Guard or other reserve component of the Armed Forces of the United States, or a member of such Armed Forces in a retired status, and such individual is called or ordered to active duty (as defined in section 101(d)(1) of title 10, United States Code), such individual shall be eligible for a deferment during the period of active duty and for an appropriate period (as determined by the Secretary) after returning from active duty. (ii) Conditions of deferment \nA deferment granted under this subparagraph shall be subject to the following conditions: (I) The deferment period shall not be counted as satisfying any period of obligated service that is required under this section. (II) The period of obligated service of the individual shall commence at the later of— (aa) 90 days after the completion of the deferment period; (bb) the commencement of the first school year at the school where the individual has been hired that begins after the completion of the deferment; or (cc) a date specified by the Secretary. (C) Part-time study \nIn the case of an individual receiving a scholarship under this subpart who is enrolled part-time in an approved course of study— (i) a scholarship under this subpart shall be for a period of years not to exceed the part-time equivalent of 4 years, as determined by the Secretary; (ii) the period of obligated service shall be equal to the greater of— (I) 1 year for the equivalent of each full-time academic year for which the individual was provided a scholarship (as determined by the Secretary by adding the fractions of a full-time academic year that each period of part-time attendance comprises); or (II) 2 years; and (iii) the amount of the monthly stipend specified in subsection (c) shall be reduced pro rata, as determined by the Secretary, based on the number of hours of study in which such individual is enrolled. (c) Scholarship \n(1) In general \nA scholarship provided to a student under this subpart for a school year shall equal the amount of— (A) the tuition of the student; (B) all other reasonable educational expenses incurred by the student in such school year, including fees, books, laboratory expenses, and other expenses as determined by the Secretary; and (C) a stipend of $800 per month (adjusted in accordance with paragraph (3)) for each of the 12 consecutive months beginning with the first month of such school year. (2) Payment to an institution of higher education \nThe Secretary may contract with an institution of higher education in which a participant in the scholarship program under this subpart is enrolled for the payment to such institution on behalf of the student of the amounts of tuition and other reasonable educational expenses described in subparagraphs (A) and (B) of paragraph (1). Payment to such institution may be made without regard to subsections (a) and (b) of section 3324 of title 31, United States Code. (3) Stipend \nThe amount of the monthly stipend described in paragraph (1)(C) shall be increased by the Secretary for each school year ending in a fiscal year beginning after September 30, 2024, by the amount (rounded to the next highest multiple of $1) equal to the amount of such stipend multiplied by the percentage adjustment in the rates of pay under the General Schedule taking effect under section 5303 of title 5, United States Code, during the fiscal year in which such school year ends (if such adjustment is an increase). (d) Liability; failure To complete the period of obligated service; repayment \n(1) Liability \nAn individual who has entered into a written contract with the Secretary under this section shall be liable to the United States for the amount which has been paid to, or on behalf of, such individual under the contract, if such individual— (A) fails to maintain an acceptable level of academic standing in the institution of higher education in which the individual is enrolled (as determined by the Secretary taking into account the requirements of the institution of higher education offering such course of study); (B) is dismissed from such institution of higher education for disciplinary reasons; (C) voluntarily terminates the training in such institution of higher education for which such individual is provided a scholarship under such contract before the completion of such training; or (D) fails to accept payment, or instructs the institution of higher education in which such individual is enrolled not to accept payment, under this section. (2) Failure to complete the period of obligated service \nAn individual who has entered into a written contract with the Secretary under this section may petition the Secretary to delay the date on which the individual would otherwise be required to begin the period of obligated service if such individual has not succeeded in obtaining employment required by this section. In support of such petition, the individual shall supply such reasonable information as the Secretary may require. The Secretary shall retain full discretion regarding the decision about whether to grant or decline such a delay and to determine the duration of any delay that is granted. (3) Repayment \n(A) In general \nAn individual who has entered into a written contract with the Secretary under this section and who is liable for any amount of damages which the United States is entitled to recover under this subsection shall— (i) begin payment of such damages to the United States within 1 year of the date of the breach or on such later date as specified by the Secretary; and (ii) repay the amount of such damages in full following a schedule and by a deadline determined by the Secretary. (B) Recovery of damages \nIf damages described in subparagraph (A) are delinquent for 3 months, the Secretary shall, for the purpose of recovering such damages— (i) utilize collection agencies contracted with by the Administrator of the General Services Administration; or (ii) enter into contracts for the recovery of such damages with collection agencies selected by the Secretary. (C) Contracts for recovery of damages \nEach contract for recovering damages pursuant to this paragraph shall provide that the contractor will, not less than once every 6 months, submit to the Secretary a status report on the success of the contractor in collecting such damages. Section 3718 of title 31, United States Code, shall apply to any such contract to the extent not inconsistent with this subsection. (4) Death \nUpon the death of an individual who receives, or has received, a scholarship under this subpart, any obligation of such individual for service or payment that relates to such scholarship shall be canceled. (5) Waiver \n(A) Required waiver \nThe Secretary shall provide for the partial or total waiver or suspension of any obligation of service or payment of a recipient of a scholarship under this subpart, if the Secretary determines that— (i) it is not possible for the recipient to meet the obligation or make the payment; (ii) requiring the recipient to meet the obligation or make the payment would result in extreme hardship to the recipient; or (iii) the enforcement of the requirement to meet the obligation or make the payment would be unconscionable. (B) Permissible waiver \nNotwithstanding any other provision of law, for other good cause shown, the Secretary may waive, in whole or in part, the right of the United States to recover funds made available under this section. (6) Bankruptcy \n(A) In general \nSubject to subparagraph (B), and notwithstanding any other provision of law, with respect to a recipient of a scholarship under this subpart, no obligation for payment may be released by a discharge in bankruptcy under title 11. (B) Exception \nThe prohibition described in subparagraph (A) shall not apply if— (i) such discharge is granted after the expiration of the 5-year period beginning on the initial date on which that payment is due; and (ii) the bankruptcy court finds that the nondischarge of the obligation would be unconscionable. (e) Applicability of other provisions \nNotwithstanding any other provision of law, an individual receiving a scholarship under this subpart shall continue to be eligible for any other grant programs and loan forgiveness programs for which the individual would otherwise be eligible.", "id": "H3DB857B0327B4D879E6B426C013D0B6E", "header": "Terms and conditions of scholarship contracts", "nested": [ { "text": "(a) In General \nUnless otherwise specified, a scholarship grant under this subpart shall have the terms and conditions described in this section.", "id": "HB8A672E4E1C14F24BD9BB499A7A2A306", "header": "In General", "nested": [], "links": [] }, { "text": "(b) Contents of contract \n(1) In general \nThe written contract between the Secretary and the individual receiving a scholarship grant under this subpart shall contain the following: (A) A statement that the Secretary agrees to provide the individual with a scholarship in accordance with section 259C, 259D, or 259E, as the case may be. (B) A statement that the individual agrees— (i) to accept the relevant scholarship under this subpart; (ii) to maintain enrollment in the course of study for which the scholarship was awarded until the individual completes the course of study; (iii) while enrolled in such course of study, to maintain an acceptable level of academic standing (as determined by the Secretary, taking into account the requirements of the institution of higher education offering such course of study); and (iv) to serve, through full-time employment at an eligible school or eligible service employer (as described under section 259C, 259D, or 259E, as the case may be), for a time period (referred to in this section as the period of obligated service ) equal to the greater of— (I) 1 year for the equivalent of each school year for which the individual was provided a scholarship under this subpart; or (II) 3 years. (C) A statement of the damages to which the United States is entitled, under subsection (d), for the individual’s breach of the contract. (D) Any other relevant statements of the rights and liabilities of the Secretary and of the individual, in accordance with the provisions of this subpart. (2) Period of obligated service \n(A) In General \nThe recipient of a scholarship grant under this subpart shall be required to carry out a period of obligated service, as described in paragraph (1)(B)(iv). (B) Deferment \n(i) In general \nAt the request of an individual who has entered into a contract described in this subsection, the Secretary shall grant a deferment for the period of obligated service of such individual under such contract for any of the following reasons: (I) Advanced study \nFor advanced study to enable such individual to complete a course of study— (aa) leading to an advanced degree in early childhood education, elementary or secondary education or school administration; or (bb) needed to become certified by a State or Indian tribe to teach, for an appropriate period (in years, as determined by the Secretary). (II) Family and medical leave \nFor family or medical leave for a period in alignment with section 102 of the Family and Medical Leave Act of 1993 ( 29 U.S.C. 2612 ) and as approved by the Secretary. (III) Military service \nIf the individual is a member of the National Guard or other reserve component of the Armed Forces of the United States, or a member of such Armed Forces in a retired status, and such individual is called or ordered to active duty (as defined in section 101(d)(1) of title 10, United States Code), such individual shall be eligible for a deferment during the period of active duty and for an appropriate period (as determined by the Secretary) after returning from active duty. (ii) Conditions of deferment \nA deferment granted under this subparagraph shall be subject to the following conditions: (I) The deferment period shall not be counted as satisfying any period of obligated service that is required under this section. (II) The period of obligated service of the individual shall commence at the later of— (aa) 90 days after the completion of the deferment period; (bb) the commencement of the first school year at the school where the individual has been hired that begins after the completion of the deferment; or (cc) a date specified by the Secretary. (C) Part-time study \nIn the case of an individual receiving a scholarship under this subpart who is enrolled part-time in an approved course of study— (i) a scholarship under this subpart shall be for a period of years not to exceed the part-time equivalent of 4 years, as determined by the Secretary; (ii) the period of obligated service shall be equal to the greater of— (I) 1 year for the equivalent of each full-time academic year for which the individual was provided a scholarship (as determined by the Secretary by adding the fractions of a full-time academic year that each period of part-time attendance comprises); or (II) 2 years; and (iii) the amount of the monthly stipend specified in subsection (c) shall be reduced pro rata, as determined by the Secretary, based on the number of hours of study in which such individual is enrolled.", "id": "H8F7F7A9D855E45E486CD6EA90F047A6E", "header": "Contents of contract", "nested": [], "links": [ { "text": "29 U.S.C. 2612", "legal-doc": "usc", "parsable-cite": "usc/29/2612" } ] }, { "text": "(c) Scholarship \n(1) In general \nA scholarship provided to a student under this subpart for a school year shall equal the amount of— (A) the tuition of the student; (B) all other reasonable educational expenses incurred by the student in such school year, including fees, books, laboratory expenses, and other expenses as determined by the Secretary; and (C) a stipend of $800 per month (adjusted in accordance with paragraph (3)) for each of the 12 consecutive months beginning with the first month of such school year. (2) Payment to an institution of higher education \nThe Secretary may contract with an institution of higher education in which a participant in the scholarship program under this subpart is enrolled for the payment to such institution on behalf of the student of the amounts of tuition and other reasonable educational expenses described in subparagraphs (A) and (B) of paragraph (1). Payment to such institution may be made without regard to subsections (a) and (b) of section 3324 of title 31, United States Code. (3) Stipend \nThe amount of the monthly stipend described in paragraph (1)(C) shall be increased by the Secretary for each school year ending in a fiscal year beginning after September 30, 2024, by the amount (rounded to the next highest multiple of $1) equal to the amount of such stipend multiplied by the percentage adjustment in the rates of pay under the General Schedule taking effect under section 5303 of title 5, United States Code, during the fiscal year in which such school year ends (if such adjustment is an increase).", "id": "H877181E641A7480297FBEB4CDDE1C417", "header": "Scholarship", "nested": [], "links": [] }, { "text": "(d) Liability; failure To complete the period of obligated service; repayment \n(1) Liability \nAn individual who has entered into a written contract with the Secretary under this section shall be liable to the United States for the amount which has been paid to, or on behalf of, such individual under the contract, if such individual— (A) fails to maintain an acceptable level of academic standing in the institution of higher education in which the individual is enrolled (as determined by the Secretary taking into account the requirements of the institution of higher education offering such course of study); (B) is dismissed from such institution of higher education for disciplinary reasons; (C) voluntarily terminates the training in such institution of higher education for which such individual is provided a scholarship under such contract before the completion of such training; or (D) fails to accept payment, or instructs the institution of higher education in which such individual is enrolled not to accept payment, under this section. (2) Failure to complete the period of obligated service \nAn individual who has entered into a written contract with the Secretary under this section may petition the Secretary to delay the date on which the individual would otherwise be required to begin the period of obligated service if such individual has not succeeded in obtaining employment required by this section. In support of such petition, the individual shall supply such reasonable information as the Secretary may require. The Secretary shall retain full discretion regarding the decision about whether to grant or decline such a delay and to determine the duration of any delay that is granted. (3) Repayment \n(A) In general \nAn individual who has entered into a written contract with the Secretary under this section and who is liable for any amount of damages which the United States is entitled to recover under this subsection shall— (i) begin payment of such damages to the United States within 1 year of the date of the breach or on such later date as specified by the Secretary; and (ii) repay the amount of such damages in full following a schedule and by a deadline determined by the Secretary. (B) Recovery of damages \nIf damages described in subparagraph (A) are delinquent for 3 months, the Secretary shall, for the purpose of recovering such damages— (i) utilize collection agencies contracted with by the Administrator of the General Services Administration; or (ii) enter into contracts for the recovery of such damages with collection agencies selected by the Secretary. (C) Contracts for recovery of damages \nEach contract for recovering damages pursuant to this paragraph shall provide that the contractor will, not less than once every 6 months, submit to the Secretary a status report on the success of the contractor in collecting such damages. Section 3718 of title 31, United States Code, shall apply to any such contract to the extent not inconsistent with this subsection. (4) Death \nUpon the death of an individual who receives, or has received, a scholarship under this subpart, any obligation of such individual for service or payment that relates to such scholarship shall be canceled. (5) Waiver \n(A) Required waiver \nThe Secretary shall provide for the partial or total waiver or suspension of any obligation of service or payment of a recipient of a scholarship under this subpart, if the Secretary determines that— (i) it is not possible for the recipient to meet the obligation or make the payment; (ii) requiring the recipient to meet the obligation or make the payment would result in extreme hardship to the recipient; or (iii) the enforcement of the requirement to meet the obligation or make the payment would be unconscionable. (B) Permissible waiver \nNotwithstanding any other provision of law, for other good cause shown, the Secretary may waive, in whole or in part, the right of the United States to recover funds made available under this section. (6) Bankruptcy \n(A) In general \nSubject to subparagraph (B), and notwithstanding any other provision of law, with respect to a recipient of a scholarship under this subpart, no obligation for payment may be released by a discharge in bankruptcy under title 11. (B) Exception \nThe prohibition described in subparagraph (A) shall not apply if— (i) such discharge is granted after the expiration of the 5-year period beginning on the initial date on which that payment is due; and (ii) the bankruptcy court finds that the nondischarge of the obligation would be unconscionable.", "id": "H22E8290674AC4C00AD87FE409AEA6D56", "header": "Liability; failure To complete the period of obligated service; repayment", "nested": [], "links": [] }, { "text": "(e) Applicability of other provisions \nNotwithstanding any other provision of law, an individual receiving a scholarship under this subpart shall continue to be eligible for any other grant programs and loan forgiveness programs for which the individual would otherwise be eligible.", "id": "H138D7D7B448F4A42803A11D9DE2FA167", "header": "Applicability of other provisions", "nested": [], "links": [] } ], "links": [ { "text": "29 U.S.C. 2612", "legal-doc": "usc", "parsable-cite": "usc/29/2612" } ] }, { "text": "259C. Indian student educator scholarship program \n(a) Grants authorized \n(1) In general \nThe Secretary shall provide to each eligible applicant who is accepted for a scholarship under this section with a scholarship grant in each school year or years for a period during which such individual is pursuing a course of study in early childhood education, elementary or secondary education, or school administration at an institution of higher education. (2) Designation \nScholarships made under paragraph (1) shall be designated Indian student educator scholarships. (b) Eligibility \n(1) In general \nThe Secretary shall select which eligible applicants will receive an Indian student educator scholarship under subsection (a). (2) Criteria \nIn order to be eligible to receive an Indian student educator scholarship, an individual shall— (A) be accepted for enrollment, or be enrolled, as a full-time or part-time student in a course of study in early childhood education, elementary or secondary education, or school administration at an institution of higher education; (B) submit an application to participate in the Indian educator scholarship program at such time and in such manner as the Secretary shall determine; and (C) sign and submit to the Secretary, at the time that such application is submitted, a written contract as described in section 259B, which shall include a commitment to serve through full-time employment at an eligible school for the period of obligated service. (c) Eligible schools \nAn individual shall be considered to be serving, through full-time employment at an eligible school, as required under section 259B(b)(1)(B)(iv), if the individual is employed full-time— (1) in a Bureau-funded school, including a Bureau of Indian Education early childhood development program; (2) in a public elementary school or secondary school that serves a significant number of Indian students, as determined by the Secretary in consultation with Indian tribes; (3) in a tribal early childhood education program; or (4) in a federally-funded early childhood education program that serves a significant number of Indian students, as determined by the Secretary in consultation with Indian tribes. (d) Placement assistance \nThe Secretary shall assist the recipient of an Indian educator scholarship in learning about placement opportunities in eligible schools by transmitting the name and educational credentials of such recipient to— (1) State educational agency clearinghouses for recruitment and placement of early childhood, kindergarten, elementary school, and secondary school teachers and school administrators in States with a significant number of Indian children; (2) Bureau of Indian Education early childhood development programs; (3) elementary schools and secondary schools that are Bureau-funded schools; and (4) tribal educational agencies.", "id": "H1F6C8979B34E46B88AFD83B2C6509D0C", "header": "Indian student educator scholarship program", "nested": [ { "text": "(a) Grants authorized \n(1) In general \nThe Secretary shall provide to each eligible applicant who is accepted for a scholarship under this section with a scholarship grant in each school year or years for a period during which such individual is pursuing a course of study in early childhood education, elementary or secondary education, or school administration at an institution of higher education. (2) Designation \nScholarships made under paragraph (1) shall be designated Indian student educator scholarships.", "id": "H400325BB1CE547E18A139016785B470F", "header": "Grants authorized", "nested": [], "links": [] }, { "text": "(b) Eligibility \n(1) In general \nThe Secretary shall select which eligible applicants will receive an Indian student educator scholarship under subsection (a). (2) Criteria \nIn order to be eligible to receive an Indian student educator scholarship, an individual shall— (A) be accepted for enrollment, or be enrolled, as a full-time or part-time student in a course of study in early childhood education, elementary or secondary education, or school administration at an institution of higher education; (B) submit an application to participate in the Indian educator scholarship program at such time and in such manner as the Secretary shall determine; and (C) sign and submit to the Secretary, at the time that such application is submitted, a written contract as described in section 259B, which shall include a commitment to serve through full-time employment at an eligible school for the period of obligated service.", "id": "HDF9AAB60A07C4E7B9A54974191EE3360", "header": "Eligibility", "nested": [], "links": [] }, { "text": "(c) Eligible schools \nAn individual shall be considered to be serving, through full-time employment at an eligible school, as required under section 259B(b)(1)(B)(iv), if the individual is employed full-time— (1) in a Bureau-funded school, including a Bureau of Indian Education early childhood development program; (2) in a public elementary school or secondary school that serves a significant number of Indian students, as determined by the Secretary in consultation with Indian tribes; (3) in a tribal early childhood education program; or (4) in a federally-funded early childhood education program that serves a significant number of Indian students, as determined by the Secretary in consultation with Indian tribes.", "id": "HB295593B7CBC449FA963DD308D91B90B", "header": "Eligible schools", "nested": [], "links": [] }, { "text": "(d) Placement assistance \nThe Secretary shall assist the recipient of an Indian educator scholarship in learning about placement opportunities in eligible schools by transmitting the name and educational credentials of such recipient to— (1) State educational agency clearinghouses for recruitment and placement of early childhood, kindergarten, elementary school, and secondary school teachers and school administrators in States with a significant number of Indian children; (2) Bureau of Indian Education early childhood development programs; (3) elementary schools and secondary schools that are Bureau-funded schools; and (4) tribal educational agencies.", "id": "H28003FA1174A4015ACCD9E713269DE92", "header": "Placement assistance", "nested": [], "links": [] } ], "links": [] }, { "text": "259D. Indian educator scholarship program \n(a) Grants authorized \n(1) In general \nThe Secretary shall provide to each eligible applicant who is accepted for a scholarship under this section with a scholarship grant in each school year or years for a period during which such individual is pursuing a course of study in early childhood education, elementary or secondary education, or school administration at an institution of higher education. (2) Designation \nScholarships made under paragraph (1) shall be designated Indian educator scholarships. (b) Eligibility \n(1) In general \nThe Secretary shall select which eligible applicants will receive an Indian educator scholarship under subsection (a). (2) Criteria \nIn order to be eligible to receive an Indian educator scholarship, an individual shall— (A) be an Indian; (B) be accepted for enrollment, or be enrolled, as a full-time or part-time student in a course of study in early childhood education, elementary or secondary education, or school administration at an institution of higher education; (C) submit an application to participate in the Indian educator scholarship program at such time and in such manner as the Secretary shall determine; and (D) sign and submit to the Secretary, at the time that such application is submitted, a written contract as described in section 259B, which shall include a commitment to serve through full-time employment at an eligible school for the period of obligated service. (c) Eligible schools \nAn individual shall be considered to be serving, through full-time employment at an eligible school, as required under as section 259B(b)(1)(B)(iv), if the individual is employed full-time— (1) in a Bureau-funded school, including a Bureau of Indian Education early childhood development program; (2) in a public elementary school or secondary school that is in the school district of a local educational agency which is eligible during the period of obligated service for assistance under part A of title I of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6311 et seq. ); (3) in a tribal early childhood education program; or (4) in a federally-funded early childhood education program that serves a significant number of Indian students, as determined by the Secretary in consultation with Indian tribes. (d) Placement assistance \nThe Secretary shall assist the recipient of an Indian educator scholarship in learning about placement opportunities in eligible schools by transmitting the name and educational credentials of such recipient to— (1) State educational agency clearinghouses for recruitment and placement of kindergarten, elementary school, and secondary school teachers and school administrators in States with a significant number of Indian children; (2) Bureau of Indian Education early childhood development programs; (3) elementary schools and secondary schools that are Bureau-funded schools; and (4) tribal educational agencies.", "id": "H3C6ACB90EF0F4501B2D96AAE5BD01F00", "header": "Indian educator scholarship program", "nested": [ { "text": "(a) Grants authorized \n(1) In general \nThe Secretary shall provide to each eligible applicant who is accepted for a scholarship under this section with a scholarship grant in each school year or years for a period during which such individual is pursuing a course of study in early childhood education, elementary or secondary education, or school administration at an institution of higher education. (2) Designation \nScholarships made under paragraph (1) shall be designated Indian educator scholarships.", "id": "H3323930DF3BD49E89CDA366B0DA5D82B", "header": "Grants authorized", "nested": [], "links": [] }, { "text": "(b) Eligibility \n(1) In general \nThe Secretary shall select which eligible applicants will receive an Indian educator scholarship under subsection (a). (2) Criteria \nIn order to be eligible to receive an Indian educator scholarship, an individual shall— (A) be an Indian; (B) be accepted for enrollment, or be enrolled, as a full-time or part-time student in a course of study in early childhood education, elementary or secondary education, or school administration at an institution of higher education; (C) submit an application to participate in the Indian educator scholarship program at such time and in such manner as the Secretary shall determine; and (D) sign and submit to the Secretary, at the time that such application is submitted, a written contract as described in section 259B, which shall include a commitment to serve through full-time employment at an eligible school for the period of obligated service.", "id": "H5D93F6AA561F4070B05F51D61E63D118", "header": "Eligibility", "nested": [], "links": [] }, { "text": "(c) Eligible schools \nAn individual shall be considered to be serving, through full-time employment at an eligible school, as required under as section 259B(b)(1)(B)(iv), if the individual is employed full-time— (1) in a Bureau-funded school, including a Bureau of Indian Education early childhood development program; (2) in a public elementary school or secondary school that is in the school district of a local educational agency which is eligible during the period of obligated service for assistance under part A of title I of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6311 et seq. ); (3) in a tribal early childhood education program; or (4) in a federally-funded early childhood education program that serves a significant number of Indian students, as determined by the Secretary in consultation with Indian tribes.", "id": "H765C9E772989456E8DE93B48853742D4", "header": "Eligible schools", "nested": [], "links": [ { "text": "20 U.S.C. 6311 et seq.", "legal-doc": "usc", "parsable-cite": "usc/20/6311" } ] }, { "text": "(d) Placement assistance \nThe Secretary shall assist the recipient of an Indian educator scholarship in learning about placement opportunities in eligible schools by transmitting the name and educational credentials of such recipient to— (1) State educational agency clearinghouses for recruitment and placement of kindergarten, elementary school, and secondary school teachers and school administrators in States with a significant number of Indian children; (2) Bureau of Indian Education early childhood development programs; (3) elementary schools and secondary schools that are Bureau-funded schools; and (4) tribal educational agencies.", "id": "H7F6E42C9CC564528A0AB914116B38073", "header": "Placement assistance", "nested": [], "links": [] } ], "links": [ { "text": "20 U.S.C. 6311 et seq.", "legal-doc": "usc", "parsable-cite": "usc/20/6311" } ] }, { "text": "259E. Indian educator graduate fellowship program \n(a) Grants authorized \n(1) In general \nThe Secretary shall make scholarship grants in accordance with this section to Indians who are enrolled on a full-time or part-time basis in institutions of higher education and pursuing a graduate level course of study in education or school administration. (2) Designation \nScholarships made under paragraph (1) shall be designated Indian educator graduate fellowships. (b) Eligibility \n(1) In general \nThe Secretary shall select which eligible applicants will receive an Indian educator graduate fellowship under subsection (a). (2) Criteria \nIn order to be eligible to receive an Indian educator graduate fellowship, an individual shall— (A) be an Indian; (B) be accepted for enrollment, or be enrolled, as a full-time or part-time student in a graduate level course of study in education or school administration at an institution of higher education; (C) submit an application to participate in the Indian educator graduate fellowship program at such time and in such manner as the Secretary shall determine; and (D) sign and submit to the Secretary, at the time that such application is submitted, a written contract as described in section 259B, which shall include a commitment to serve through full-time employment at an eligible service employer for the period of obligated service. (c) Eligible service employers \nAn individual shall be considered to be serving, through full-time employment at an eligible service employer, as required under section 259B(b)(1)(B)(iv), if the individual is employed full-time— (1) in a Bureau-funded school; (2) in a public elementary school or secondary school that serves a significant number of Indian students, as determined by the Secretary in consultation with Indian tribes; (3) by a Native-serving institution of higher education; (4) in a tribal early childhood education program; (5) in a federally-funded early childhood education program that serves a significant number of Indian students, as determined by the Secretary in consultation with Indian tribes; (6) for a tribal educational agency; (7) for a State educational agency or local educational agency that serves a significant number of Indian students, as defined by the Secretary in consultation with Indian tribes; (8) for the Department of Education; or (9) for the Bureau of Indian Education. (d) Placement assistance \nThe Secretary shall assist the recipient of an Indian educator graduate fellowship in learning about placement opportunities in eligible service employers in such manner as the Secretary determines appropriate.", "id": "H8621650728104BDA8EEC684872E1EA53", "header": "Indian educator graduate fellowship program", "nested": [ { "text": "(a) Grants authorized \n(1) In general \nThe Secretary shall make scholarship grants in accordance with this section to Indians who are enrolled on a full-time or part-time basis in institutions of higher education and pursuing a graduate level course of study in education or school administration. (2) Designation \nScholarships made under paragraph (1) shall be designated Indian educator graduate fellowships.", "id": "HD8F8CF16B70E4C3AA65C76F62FDE07BF", "header": "Grants authorized", "nested": [], "links": [] }, { "text": "(b) Eligibility \n(1) In general \nThe Secretary shall select which eligible applicants will receive an Indian educator graduate fellowship under subsection (a). (2) Criteria \nIn order to be eligible to receive an Indian educator graduate fellowship, an individual shall— (A) be an Indian; (B) be accepted for enrollment, or be enrolled, as a full-time or part-time student in a graduate level course of study in education or school administration at an institution of higher education; (C) submit an application to participate in the Indian educator graduate fellowship program at such time and in such manner as the Secretary shall determine; and (D) sign and submit to the Secretary, at the time that such application is submitted, a written contract as described in section 259B, which shall include a commitment to serve through full-time employment at an eligible service employer for the period of obligated service.", "id": "HCDF8E7C042194F4BB0EFD1915B06ECBE", "header": "Eligibility", "nested": [], "links": [] }, { "text": "(c) Eligible service employers \nAn individual shall be considered to be serving, through full-time employment at an eligible service employer, as required under section 259B(b)(1)(B)(iv), if the individual is employed full-time— (1) in a Bureau-funded school; (2) in a public elementary school or secondary school that serves a significant number of Indian students, as determined by the Secretary in consultation with Indian tribes; (3) by a Native-serving institution of higher education; (4) in a tribal early childhood education program; (5) in a federally-funded early childhood education program that serves a significant number of Indian students, as determined by the Secretary in consultation with Indian tribes; (6) for a tribal educational agency; (7) for a State educational agency or local educational agency that serves a significant number of Indian students, as defined by the Secretary in consultation with Indian tribes; (8) for the Department of Education; or (9) for the Bureau of Indian Education.", "id": "H9CF8E88D09C34CEC87C9425A17A1D1A1", "header": "Eligible service employers", "nested": [], "links": [] }, { "text": "(d) Placement assistance \nThe Secretary shall assist the recipient of an Indian educator graduate fellowship in learning about placement opportunities in eligible service employers in such manner as the Secretary determines appropriate.", "id": "H379DDEE5755F4F119F53696449754392", "header": "Placement assistance", "nested": [], "links": [] } ], "links": [] }, { "text": "111. Loan forgiveness for educators working in Bureau of Indian Education-funded schools and local educational agencies with a high percentage of American Indian students \n(a) Part B loans \nSection 428J of the Higher Education Act of 1965 ( 20 U.S.C. 1078–10 ) is amended— (1) in subsection (b)(1), by inserting subject to paragraphs (4) and (5) of subsection (c), before has been employed ; and (2) in subsection (c), by adding at the end the following: (4) Additional amounts for educators in Bureau of Indian Education-funded schools and local educational agencies with a high percentage of American Indian students \nNotwithstanding the amount specified in paragraph (1) and the requirements under subparagraphs (A) and (B) of subsection (b)(1), the aggregate amount that the Secretary shall repay under this section shall be not less than $17,500 in the case of a borrower who has been employed as a full-time teacher or school administrator for 5 consecutive complete school years as— (A) a teacher or school administrator in a local educational agency described in section 6112(b)(1) of the Elementary and Secondary Education Act of 1965; or (B) a teacher or school administrator in a Bureau-funded school (as defined in section 1141 of the Education Amendments of 1978 ( 25 U.S.C. 2021 )).. (b) Part D loans \nSection 460 of the Higher Education Act of 1965 ( 20 U.S.C. 1087j ) is amended— (1) in subsection (b)(1) by inserting subject to paragraphs (4) and (5) of subsection (c), before has been employed ; and (2) in subsection (c), by adding at the end the following: (4) Additional amounts for educators in Bureau of Indian Education-funded schools and local educational agencies with a high percentage of American Indian students \nNotwithstanding the amount specified in paragraph (1) and the requirements under subparagraphs (A) and (B) of subsection (b)(1), the aggregate amount that the Secretary shall cancel under this section shall be not less than $17,500 in the case of a borrower who has been employed as a full-time teacher or school administrator for 5 consecutive complete school years as— (A) a teacher or school administrator in a local educational agency described in section 6112(b)(1) of the Elementary and Secondary Education Act of 1965; or (B) a teacher or school administrator in a Bureau-funded school (as defined in section 1141 of the Education Amendments of 1978 ( 25 U.S.C. 2021 ))..", "id": "H990D5556591C42FAA0EFC71004F4BAA9", "header": "Loan forgiveness for educators working in Bureau of Indian Education-funded schools and local educational agencies with a high percentage of American Indian students", "nested": [ { "text": "(a) Part B loans \nSection 428J of the Higher Education Act of 1965 ( 20 U.S.C. 1078–10 ) is amended— (1) in subsection (b)(1), by inserting subject to paragraphs (4) and (5) of subsection (c), before has been employed ; and (2) in subsection (c), by adding at the end the following: (4) Additional amounts for educators in Bureau of Indian Education-funded schools and local educational agencies with a high percentage of American Indian students \nNotwithstanding the amount specified in paragraph (1) and the requirements under subparagraphs (A) and (B) of subsection (b)(1), the aggregate amount that the Secretary shall repay under this section shall be not less than $17,500 in the case of a borrower who has been employed as a full-time teacher or school administrator for 5 consecutive complete school years as— (A) a teacher or school administrator in a local educational agency described in section 6112(b)(1) of the Elementary and Secondary Education Act of 1965; or (B) a teacher or school administrator in a Bureau-funded school (as defined in section 1141 of the Education Amendments of 1978 ( 25 U.S.C. 2021 ))..", "id": "H961222D6298A437C84C745D073D89ED5", "header": "Part B loans", "nested": [], "links": [ { "text": "20 U.S.C. 1078–10", "legal-doc": "usc", "parsable-cite": "usc/20/1078-10" }, { "text": "25 U.S.C. 2021", "legal-doc": "usc", "parsable-cite": "usc/25/2021" } ] }, { "text": "(b) Part D loans \nSection 460 of the Higher Education Act of 1965 ( 20 U.S.C. 1087j ) is amended— (1) in subsection (b)(1) by inserting subject to paragraphs (4) and (5) of subsection (c), before has been employed ; and (2) in subsection (c), by adding at the end the following: (4) Additional amounts for educators in Bureau of Indian Education-funded schools and local educational agencies with a high percentage of American Indian students \nNotwithstanding the amount specified in paragraph (1) and the requirements under subparagraphs (A) and (B) of subsection (b)(1), the aggregate amount that the Secretary shall cancel under this section shall be not less than $17,500 in the case of a borrower who has been employed as a full-time teacher or school administrator for 5 consecutive complete school years as— (A) a teacher or school administrator in a local educational agency described in section 6112(b)(1) of the Elementary and Secondary Education Act of 1965; or (B) a teacher or school administrator in a Bureau-funded school (as defined in section 1141 of the Education Amendments of 1978 ( 25 U.S.C. 2021 ))..", "id": "H18D5D6E8AFBB41B594AA4FCD27BB01D4", "header": "Part D loans", "nested": [], "links": [ { "text": "20 U.S.C. 1087j", "legal-doc": "usc", "parsable-cite": "usc/20/1087j" }, { "text": "25 U.S.C. 2021", "legal-doc": "usc", "parsable-cite": "usc/25/2021" } ] } ], "links": [ { "text": "20 U.S.C. 1078–10", "legal-doc": "usc", "parsable-cite": "usc/20/1078-10" }, { "text": "25 U.S.C. 2021", "legal-doc": "usc", "parsable-cite": "usc/25/2021" }, { "text": "20 U.S.C. 1087j", "legal-doc": "usc", "parsable-cite": "usc/20/1087j" }, { "text": "25 U.S.C. 2021", "legal-doc": "usc", "parsable-cite": "usc/25/2021" } ] }, { "text": "112. Loan forgiveness for American Indian educators \n(a) Part B loans \nSection 428J(c) of the Higher Education Act of 1965 ( 20 U.S.C. 1078–10(c) ), as amended by section 111, is further amended by adding at the end the following: (5) Additional amounts for American Indian educators \nNotwithstanding the amount specified in paragraph (1) and the requirements under subparagraphs (A) and (B) of subsection (b)(1), the aggregate amount that the Secretary shall repay under this section shall be not less than $17,500 in the case of a borrower who— (A) has been employed as a full-time teacher or school administrator for 5 consecutive complete school years in— (i) a Bureau-funded elementary school or secondary school (as defined in section 1141 of the Education Amendments of 1978 ( 25 U.S.C. 2021 )); or (ii) a public elementary school or secondary school that is in the school district of a local educational agency which is eligible during the period of obligated service for assistance under part A of title I of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6311 et seq. ); and (B) is a member of an Indian tribe (as defined in section 4 of the Indian Self-Determination and Education Assistance Act ( 25 U.S.C. 5304 )).. (b) Part D loans \nSection 460(c) of the Higher Education Act of 1965 ( 20 U.S.C. 1087j(c) ), as amended by section 111, is further amended by adding at the end the following: (5) Additional amounts for American Indian educators \nNotwithstanding the amount specified in paragraph (1) and the requirements under subparagraphs (A) and (B) of subsection (b)(1), the aggregate amount that the Secretary shall cancel under this section shall be not less than $17,500 in the case of a borrower who— (A) has been employed as a full-time teacher or school administrator for 5 consecutive complete school years in— (i) a Bureau-funded elementary school or secondary school (as defined in section 1141 of the Education Amendments of 1978 ( 25 U.S.C. 2021 )); or (ii) a public elementary school or secondary school that is in the school district of a local educational agency which is eligible during the period of obligated service for assistance under part A of title I of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6311 et seq. ); and (B) is a member of an Indian tribe (as defined in section 4 of the Indian Self-Determination and Education Assistance Act ( 25 U.S.C. 5304 ))..", "id": "H63B5FCE39BED437ABB51C75DAE815B64", "header": "Loan forgiveness for American Indian educators", "nested": [ { "text": "(a) Part B loans \nSection 428J(c) of the Higher Education Act of 1965 ( 20 U.S.C. 1078–10(c) ), as amended by section 111, is further amended by adding at the end the following: (5) Additional amounts for American Indian educators \nNotwithstanding the amount specified in paragraph (1) and the requirements under subparagraphs (A) and (B) of subsection (b)(1), the aggregate amount that the Secretary shall repay under this section shall be not less than $17,500 in the case of a borrower who— (A) has been employed as a full-time teacher or school administrator for 5 consecutive complete school years in— (i) a Bureau-funded elementary school or secondary school (as defined in section 1141 of the Education Amendments of 1978 ( 25 U.S.C. 2021 )); or (ii) a public elementary school or secondary school that is in the school district of a local educational agency which is eligible during the period of obligated service for assistance under part A of title I of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6311 et seq. ); and (B) is a member of an Indian tribe (as defined in section 4 of the Indian Self-Determination and Education Assistance Act ( 25 U.S.C. 5304 ))..", "id": "HB2C84AFCFEAF42888BD3382617D748A8", "header": "Part B loans", "nested": [], "links": [ { "text": "20 U.S.C. 1078–10(c)", "legal-doc": "usc", "parsable-cite": "usc/20/1078-10" }, { "text": "25 U.S.C. 2021", "legal-doc": "usc", "parsable-cite": "usc/25/2021" }, { "text": "20 U.S.C. 6311 et seq.", "legal-doc": "usc", "parsable-cite": "usc/20/6311" }, { "text": "25 U.S.C. 5304", "legal-doc": "usc", "parsable-cite": "usc/25/5304" } ] }, { "text": "(b) Part D loans \nSection 460(c) of the Higher Education Act of 1965 ( 20 U.S.C. 1087j(c) ), as amended by section 111, is further amended by adding at the end the following: (5) Additional amounts for American Indian educators \nNotwithstanding the amount specified in paragraph (1) and the requirements under subparagraphs (A) and (B) of subsection (b)(1), the aggregate amount that the Secretary shall cancel under this section shall be not less than $17,500 in the case of a borrower who— (A) has been employed as a full-time teacher or school administrator for 5 consecutive complete school years in— (i) a Bureau-funded elementary school or secondary school (as defined in section 1141 of the Education Amendments of 1978 ( 25 U.S.C. 2021 )); or (ii) a public elementary school or secondary school that is in the school district of a local educational agency which is eligible during the period of obligated service for assistance under part A of title I of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6311 et seq. ); and (B) is a member of an Indian tribe (as defined in section 4 of the Indian Self-Determination and Education Assistance Act ( 25 U.S.C. 5304 ))..", "id": "H95167331889647778F26E0FD2E01BAED", "header": "Part D loans", "nested": [], "links": [ { "text": "20 U.S.C. 1087j(c)", "legal-doc": "usc", "parsable-cite": "usc/20/1087j" }, { "text": "25 U.S.C. 2021", "legal-doc": "usc", "parsable-cite": "usc/25/2021" }, { "text": "20 U.S.C. 6311 et seq.", "legal-doc": "usc", "parsable-cite": "usc/20/6311" }, { "text": "25 U.S.C. 5304", "legal-doc": "usc", "parsable-cite": "usc/25/5304" } ] } ], "links": [ { "text": "20 U.S.C. 1078–10(c)", "legal-doc": "usc", "parsable-cite": "usc/20/1078-10" }, { "text": "25 U.S.C. 2021", "legal-doc": "usc", "parsable-cite": "usc/25/2021" }, { "text": "20 U.S.C. 6311 et seq.", "legal-doc": "usc", "parsable-cite": "usc/20/6311" }, { "text": "25 U.S.C. 5304", "legal-doc": "usc", "parsable-cite": "usc/25/5304" }, { "text": "20 U.S.C. 1087j(c)", "legal-doc": "usc", "parsable-cite": "usc/20/1087j" }, { "text": "25 U.S.C. 2021", "legal-doc": "usc", "parsable-cite": "usc/25/2021" }, { "text": "20 U.S.C. 6311 et seq.", "legal-doc": "usc", "parsable-cite": "usc/20/6311" }, { "text": "25 U.S.C. 5304", "legal-doc": "usc", "parsable-cite": "usc/25/5304" } ] }, { "text": "113. Cancellation of loans for educators teaching in Bureau of Indian Education-funded schools and Native American language immersion programs \nSection 465(a)(2) of the Higher Education Act of 1965 ( 20 U.S.C. 1087ee(a)(2) ) is amended— (1) in subparagraph (A)— (A) in clause (i)(II), by striking or after the semicolon; (B) in clause (ii), by inserting or after the semicolon; and (C) by inserting after clause (ii) the following: (iii) in an elementary school or secondary school that is a Bureau-funded school (as defined in section 1141 of the Education Amendments of 1978 ( 25 U.S.C. 2021 )); and (2) in subparagraph (G), by inserting Native American language immersion, after foreign languages,.", "id": "HDAE9F5CEC5D849ABBE5711BAE9AFDAF2", "header": "Cancellation of loans for educators teaching in Bureau of Indian Education-funded schools and Native American language immersion programs", "nested": [], "links": [ { "text": "20 U.S.C. 1087ee(a)(2)", "legal-doc": "usc", "parsable-cite": "usc/20/1087ee" }, { "text": "25 U.S.C. 2021", "legal-doc": "usc", "parsable-cite": "usc/25/2021" } ] }, { "text": "201. National Board certification incentive program \nSubpart 2 of part A of title VI of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7441 et seq. ) is amended by adding at the end the following: 6123. National Board certification incentive program \n(a) Purposes \nThe purposes of this section are— (1) to improve the skills of qualified individuals who are Indian (as defined by section 103 of the Native American Languages Act ( 25 U.S.C. 2902 )) or who teach Indian people; (2) to provide an incentive for qualified educators to continue to utilize their enhanced skills in elementary schools and secondary schools serving Indian communities; and (3) to increase the retention of highly skilled Indian educators in elementary schools and secondary schools seeking to better incorporate Indian culture and history into the general curriculum. (b) Definitions \nIn this section: (1) Bureau-funded school \nThe term Bureau-funded school has the meaning given the term in section 1141 of the Education Amendments of 1978 ( 25 U.S.C. 2021 ). (2) Eligible entities \nThe term eligible entity means— (A) a State educational agency in consortium with an institution of higher education; (B) a local educational agency in consortium with an institution of higher education; (C) an Indian tribe or organization, in consortium with a local educational agency and an institution of higher education; (D) an Indian tribe or organization, in consortium with a Bureau-funded school and an institution of higher education; or (E) a Bureau-funded school in consortium with an institution of higher education. (3) Eligible educators \nThe term eligible educator means— (A) a teacher who teaches a minimum number of Indian students, as determined by the Secretary in consultation with Indian tribes; or (B) a teacher who is Indian. (4) Indian tribe \nThe term Indian tribe has the meaning given the term in section 4 of the Indian Self-Determination and Education Assistance Act ( 25 U.S.C. 5304 ). (c) Program authorized \nThe Secretary is authorized to award grants to eligible entities having applications approved under this section to enable such eligible entities to— (1) reimburse eligible educators for out-of-pocket costs associated with obtaining teacher certification or credentialing by the National Board for Professional Teaching Standards; and (2) provide an increase in annual compensation, in an amount equal to not less than $5,000 and not more than a $10,000, for eligible educators with a certification from the National Board for Professional Teaching Standards for the duration of the grant under this section. (d) Application \n(1) In general \nEach eligible entity desiring a grant under this section shall submit an application to the Secretary at such time, in such manner, and accompanied by such information, as the Secretary may reasonably require. (2) Special rule \nIn the case of an eligible entity desiring to utilize all or a portion of a grant under this section for eligible educators identified in subparagraph (B) of subsection (b)(3) who would not also qualify as an eligible educator under subparagraph (A) of subsection (b)(3), the eligible entity shall provide an assurance that grant funds will support only those educators who are tribally enrolled or affiliated with an Indian tribe. (e) Awarding of grants \nIn awarding grants under this section, the Secretary shall determine the amount and length of each grant, which shall not exceed 5 years. (f) Restrictions on compensation increases \nThe Secretary shall require and ensure that individuals who obtain a certification from the National Board for Professional Teaching Standards under this section continue to teach at a school served by the eligible entity through which funding for such certification was obtained as a condition of receiving annual compensation increases provided for in this section. (g) Progress reports \n(1) In general \nFor every year for which Congress allocates funds for grants under this section, the Secretary shall provide a report on the progress of the eligible entities receiving grants under this section in meeting applicable progress standards, as determined by the Secretary. (2) Dissemination \nThe Secretary shall disseminate the report described in this subsection to each of the following: (A) The Committee on Health, Education, Labor, and Pensions of the Senate. (B) The Committee on Indian Affairs of the Senate. (C) The Subcommittee on Indian, Insular, and Alaska Native Affairs of the Committee on Natural Resources of the House of Representatives. (D) The Committee on Education and the Workforce of the House of Representatives..", "id": "HD99197CD87C9420E9E2E3309E63851B1", "header": "National Board certification incentive program", "nested": [], "links": [ { "text": "20 U.S.C. 7441 et seq.", "legal-doc": "usc", "parsable-cite": "usc/20/7441" }, { "text": "25 U.S.C. 2902", "legal-doc": "usc", "parsable-cite": "usc/25/2902" }, { "text": "25 U.S.C. 2021", "legal-doc": "usc", "parsable-cite": "usc/25/2021" }, { "text": "25 U.S.C. 5304", "legal-doc": "usc", "parsable-cite": "usc/25/5304" } ] }, { "text": "6123. National Board certification incentive program \n(a) Purposes \nThe purposes of this section are— (1) to improve the skills of qualified individuals who are Indian (as defined by section 103 of the Native American Languages Act ( 25 U.S.C. 2902 )) or who teach Indian people; (2) to provide an incentive for qualified educators to continue to utilize their enhanced skills in elementary schools and secondary schools serving Indian communities; and (3) to increase the retention of highly skilled Indian educators in elementary schools and secondary schools seeking to better incorporate Indian culture and history into the general curriculum. (b) Definitions \nIn this section: (1) Bureau-funded school \nThe term Bureau-funded school has the meaning given the term in section 1141 of the Education Amendments of 1978 ( 25 U.S.C. 2021 ). (2) Eligible entities \nThe term eligible entity means— (A) a State educational agency in consortium with an institution of higher education; (B) a local educational agency in consortium with an institution of higher education; (C) an Indian tribe or organization, in consortium with a local educational agency and an institution of higher education; (D) an Indian tribe or organization, in consortium with a Bureau-funded school and an institution of higher education; or (E) a Bureau-funded school in consortium with an institution of higher education. (3) Eligible educators \nThe term eligible educator means— (A) a teacher who teaches a minimum number of Indian students, as determined by the Secretary in consultation with Indian tribes; or (B) a teacher who is Indian. (4) Indian tribe \nThe term Indian tribe has the meaning given the term in section 4 of the Indian Self-Determination and Education Assistance Act ( 25 U.S.C. 5304 ). (c) Program authorized \nThe Secretary is authorized to award grants to eligible entities having applications approved under this section to enable such eligible entities to— (1) reimburse eligible educators for out-of-pocket costs associated with obtaining teacher certification or credentialing by the National Board for Professional Teaching Standards; and (2) provide an increase in annual compensation, in an amount equal to not less than $5,000 and not more than a $10,000, for eligible educators with a certification from the National Board for Professional Teaching Standards for the duration of the grant under this section. (d) Application \n(1) In general \nEach eligible entity desiring a grant under this section shall submit an application to the Secretary at such time, in such manner, and accompanied by such information, as the Secretary may reasonably require. (2) Special rule \nIn the case of an eligible entity desiring to utilize all or a portion of a grant under this section for eligible educators identified in subparagraph (B) of subsection (b)(3) who would not also qualify as an eligible educator under subparagraph (A) of subsection (b)(3), the eligible entity shall provide an assurance that grant funds will support only those educators who are tribally enrolled or affiliated with an Indian tribe. (e) Awarding of grants \nIn awarding grants under this section, the Secretary shall determine the amount and length of each grant, which shall not exceed 5 years. (f) Restrictions on compensation increases \nThe Secretary shall require and ensure that individuals who obtain a certification from the National Board for Professional Teaching Standards under this section continue to teach at a school served by the eligible entity through which funding for such certification was obtained as a condition of receiving annual compensation increases provided for in this section. (g) Progress reports \n(1) In general \nFor every year for which Congress allocates funds for grants under this section, the Secretary shall provide a report on the progress of the eligible entities receiving grants under this section in meeting applicable progress standards, as determined by the Secretary. (2) Dissemination \nThe Secretary shall disseminate the report described in this subsection to each of the following: (A) The Committee on Health, Education, Labor, and Pensions of the Senate. (B) The Committee on Indian Affairs of the Senate. (C) The Subcommittee on Indian, Insular, and Alaska Native Affairs of the Committee on Natural Resources of the House of Representatives. (D) The Committee on Education and the Workforce of the House of Representatives.", "id": "H8A82E2665DA44E56B60720900B7F99E6", "header": "National Board certification incentive program", "nested": [ { "text": "(a) Purposes \nThe purposes of this section are— (1) to improve the skills of qualified individuals who are Indian (as defined by section 103 of the Native American Languages Act ( 25 U.S.C. 2902 )) or who teach Indian people; (2) to provide an incentive for qualified educators to continue to utilize their enhanced skills in elementary schools and secondary schools serving Indian communities; and (3) to increase the retention of highly skilled Indian educators in elementary schools and secondary schools seeking to better incorporate Indian culture and history into the general curriculum.", "id": "HEAB7E9FD2AA44848AB623F809EFFF8B6", "header": "Purposes", "nested": [], "links": [ { "text": "25 U.S.C. 2902", "legal-doc": "usc", "parsable-cite": "usc/25/2902" } ] }, { "text": "(b) Definitions \nIn this section: (1) Bureau-funded school \nThe term Bureau-funded school has the meaning given the term in section 1141 of the Education Amendments of 1978 ( 25 U.S.C. 2021 ). (2) Eligible entities \nThe term eligible entity means— (A) a State educational agency in consortium with an institution of higher education; (B) a local educational agency in consortium with an institution of higher education; (C) an Indian tribe or organization, in consortium with a local educational agency and an institution of higher education; (D) an Indian tribe or organization, in consortium with a Bureau-funded school and an institution of higher education; or (E) a Bureau-funded school in consortium with an institution of higher education. (3) Eligible educators \nThe term eligible educator means— (A) a teacher who teaches a minimum number of Indian students, as determined by the Secretary in consultation with Indian tribes; or (B) a teacher who is Indian. (4) Indian tribe \nThe term Indian tribe has the meaning given the term in section 4 of the Indian Self-Determination and Education Assistance Act ( 25 U.S.C. 5304 ).", "id": "H4D7FAC137DFE4032A695094AD1424790", "header": "Definitions", "nested": [], "links": [ { "text": "25 U.S.C. 2021", "legal-doc": "usc", "parsable-cite": "usc/25/2021" }, { "text": "25 U.S.C. 5304", "legal-doc": "usc", "parsable-cite": "usc/25/5304" } ] }, { "text": "(c) Program authorized \nThe Secretary is authorized to award grants to eligible entities having applications approved under this section to enable such eligible entities to— (1) reimburse eligible educators for out-of-pocket costs associated with obtaining teacher certification or credentialing by the National Board for Professional Teaching Standards; and (2) provide an increase in annual compensation, in an amount equal to not less than $5,000 and not more than a $10,000, for eligible educators with a certification from the National Board for Professional Teaching Standards for the duration of the grant under this section.", "id": "H7359A5F649994E4C806204A9FF572E9D", "header": "Program authorized", "nested": [], "links": [] }, { "text": "(d) Application \n(1) In general \nEach eligible entity desiring a grant under this section shall submit an application to the Secretary at such time, in such manner, and accompanied by such information, as the Secretary may reasonably require. (2) Special rule \nIn the case of an eligible entity desiring to utilize all or a portion of a grant under this section for eligible educators identified in subparagraph (B) of subsection (b)(3) who would not also qualify as an eligible educator under subparagraph (A) of subsection (b)(3), the eligible entity shall provide an assurance that grant funds will support only those educators who are tribally enrolled or affiliated with an Indian tribe.", "id": "H923B63D20400442E87B5BF2A32C15498", "header": "Application", "nested": [], "links": [] }, { "text": "(e) Awarding of grants \nIn awarding grants under this section, the Secretary shall determine the amount and length of each grant, which shall not exceed 5 years.", "id": "H150D9DF502324304B81071A981768363", "header": "Awarding of grants", "nested": [], "links": [] }, { "text": "(f) Restrictions on compensation increases \nThe Secretary shall require and ensure that individuals who obtain a certification from the National Board for Professional Teaching Standards under this section continue to teach at a school served by the eligible entity through which funding for such certification was obtained as a condition of receiving annual compensation increases provided for in this section.", "id": "H55C23A2A55BC447582F0525F3F8FF3AF", "header": "Restrictions on compensation increases", "nested": [], "links": [] }, { "text": "(g) Progress reports \n(1) In general \nFor every year for which Congress allocates funds for grants under this section, the Secretary shall provide a report on the progress of the eligible entities receiving grants under this section in meeting applicable progress standards, as determined by the Secretary. (2) Dissemination \nThe Secretary shall disseminate the report described in this subsection to each of the following: (A) The Committee on Health, Education, Labor, and Pensions of the Senate. (B) The Committee on Indian Affairs of the Senate. (C) The Subcommittee on Indian, Insular, and Alaska Native Affairs of the Committee on Natural Resources of the House of Representatives. (D) The Committee on Education and the Workforce of the House of Representatives.", "id": "H0E06B950934A4DD2A426D81E9DE89802", "header": "Progress reports", "nested": [], "links": [] } ], "links": [ { "text": "25 U.S.C. 2902", "legal-doc": "usc", "parsable-cite": "usc/25/2902" }, { "text": "25 U.S.C. 2021", "legal-doc": "usc", "parsable-cite": "usc/25/2021" }, { "text": "25 U.S.C. 5304", "legal-doc": "usc", "parsable-cite": "usc/25/5304" } ] }, { "text": "211. Native language teacher training program development grants for tribal colleges and universities and institutions of higher education that serve significant numbers of Native students \nTitle III of the Higher Education Act of 1965 ( 20 U.S.C. 1051 et seq. ) is amended— (1) by redesignating part G as part H; and (2) by inserting after part F the following: G Native American language teacher training program development \n381. Native American language teacher training program development \n(a) Purpose \nThe purpose of this section is to establish a grant program that seeks— (1) to increase the number of well-trained and pedagogically effective Native American language speakers in teaching and other education professions that serve Indian people; (2) to provide ongoing training and professional development to Native American immersion and language instructors to improve their linguistic and pedagogical skills; and (3) to support the efforts of American Indian and Alaska Native communities to effectively revitalize, maintain, and teach their languages, as envisioned in the Native American Languages Act ( 25 U.S.C. 2901 et seq. ) and section 803C of the Native American Programs Act of 1974 ( 42 U.S.C. 2991b–3 ). (b) Definition of eligible institution \nIn this section, the term eligible institution means any of the following: (1) An institution eligible to receive funding under section 316, 317(b), or 319(b). (2) A consortium of 2 or more institutions described in paragraph (1). (c) Grant program authorized \n(1) In general \nThe Secretary shall establish a program, to be known as the Native American Language Teacher Training Program, under which the Secretary shall provide grants, on a competitive basis, to eligible institutions to promote the recruitment and training of Native immersion and language teachers to further support the revitalization, maintenance, and use of Native American languages in the classroom. (2) Duration \nA grant under paragraph (1) shall be for a period of not more than 5 years. (3) Application \n(A) In general \nTo be eligible to receive a grant under this subsection, an eligible institution shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may reasonably require. (B) Application paperwork reduction \n(i) The Secretary shall establish application requirements in such a manner as to simplify and streamline the process for applying for grants under this section. (ii) The Secretary shall not require any Tribal College or University, as defined in section 316, applying individually for a grant under this section, to submit any separate, preliminary, or additional grant eligibility application or information because of the institution's status as a Tribal College or University. (C) Inclusion \nAn application under this paragraph shall include a plan for the program proposed to be carried out by the eligible institution, including— (i) a description of a 5-year strategy for meeting the Native immersion teacher recruitment and training needs of American Indians or Alaska Natives, as appropriate, in the population served by the institution, including a description of any partnerships with tribal, local, or Bureau-operated educational agencies; (ii) an identification of the American Indian or Alaska Native population to be served by the eligible institution; (iii) an identification of the status of the target Native American language or languages used within the population; (iv) a description of the professional development and degree services to be provided under the program, including the manner in which the services will be integrated with other appropriate activities and programs; and (v) a description, to be prepared in consultation with the Secretary, of the performance measures to be used to assess the performance of the eligible institution carrying out the program. (D) Requirement \nA program plan under subparagraph (C) shall be consistent with the purposes of this section, as determined by the Secretary. (d) Use of funds \n(1) Required activities \nA grantee shall use grant funds provided under this section to carry out the following activities: (A) Development of a new Native American immersion and language teacher training program that leads to State or tribal teacher certification. (B) Support and expansion of an existing Native American immersion and language teacher training program that leads to a State or tribal teacher certification. (C) Development and delivery of professional development workshops and courses aimed at improving the immersion and language acquisition pedagogical practices of Native American immersion and language teachers. (2) Allowable activities \nA grantee may use grant funds provided under this section to carry out additional activities, including— (A) curriculum development and academic instruction, including educational activities, programs, and partnerships relating to students in prekindergarten through grade 12; (B) development and establishment of a national Native American immersion and language teacher best practices guideline or certification; (C) professional development for institutional faculty or for elementary and secondary education administrators and educational support staff; and (D) innovative Native American language and immersion program classroom research for students in prekindergarten through grade 12. (e) Concurrent funding \nAn eligible institution that receives a grant under this section may concurrently receive funds under section 316, 317, or 319. (f) Authorization of appropriations \nThere is authorized to be appropriated to carry out this section such sums as may be necessary for each of fiscal years 2024 through 2028..", "id": "H0343332AED734DD0AA4C84EA2E7D88A2", "header": "Native language teacher training program development grants for tribal colleges and universities and institutions of higher education that serve significant numbers of Native students", "nested": [], "links": [ { "text": "20 U.S.C. 1051 et seq.", "legal-doc": "usc", "parsable-cite": "usc/20/1051" }, { "text": "25 U.S.C. 2901 et seq.", "legal-doc": "usc", "parsable-cite": "usc/25/2901" }, { "text": "42 U.S.C. 2991b–3", "legal-doc": "usc", "parsable-cite": "usc/42/2991b-3" } ] }, { "text": "381. Native American language teacher training program development \n(a) Purpose \nThe purpose of this section is to establish a grant program that seeks— (1) to increase the number of well-trained and pedagogically effective Native American language speakers in teaching and other education professions that serve Indian people; (2) to provide ongoing training and professional development to Native American immersion and language instructors to improve their linguistic and pedagogical skills; and (3) to support the efforts of American Indian and Alaska Native communities to effectively revitalize, maintain, and teach their languages, as envisioned in the Native American Languages Act ( 25 U.S.C. 2901 et seq. ) and section 803C of the Native American Programs Act of 1974 ( 42 U.S.C. 2991b–3 ). (b) Definition of eligible institution \nIn this section, the term eligible institution means any of the following: (1) An institution eligible to receive funding under section 316, 317(b), or 319(b). (2) A consortium of 2 or more institutions described in paragraph (1). (c) Grant program authorized \n(1) In general \nThe Secretary shall establish a program, to be known as the Native American Language Teacher Training Program, under which the Secretary shall provide grants, on a competitive basis, to eligible institutions to promote the recruitment and training of Native immersion and language teachers to further support the revitalization, maintenance, and use of Native American languages in the classroom. (2) Duration \nA grant under paragraph (1) shall be for a period of not more than 5 years. (3) Application \n(A) In general \nTo be eligible to receive a grant under this subsection, an eligible institution shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may reasonably require. (B) Application paperwork reduction \n(i) The Secretary shall establish application requirements in such a manner as to simplify and streamline the process for applying for grants under this section. (ii) The Secretary shall not require any Tribal College or University, as defined in section 316, applying individually for a grant under this section, to submit any separate, preliminary, or additional grant eligibility application or information because of the institution's status as a Tribal College or University. (C) Inclusion \nAn application under this paragraph shall include a plan for the program proposed to be carried out by the eligible institution, including— (i) a description of a 5-year strategy for meeting the Native immersion teacher recruitment and training needs of American Indians or Alaska Natives, as appropriate, in the population served by the institution, including a description of any partnerships with tribal, local, or Bureau-operated educational agencies; (ii) an identification of the American Indian or Alaska Native population to be served by the eligible institution; (iii) an identification of the status of the target Native American language or languages used within the population; (iv) a description of the professional development and degree services to be provided under the program, including the manner in which the services will be integrated with other appropriate activities and programs; and (v) a description, to be prepared in consultation with the Secretary, of the performance measures to be used to assess the performance of the eligible institution carrying out the program. (D) Requirement \nA program plan under subparagraph (C) shall be consistent with the purposes of this section, as determined by the Secretary. (d) Use of funds \n(1) Required activities \nA grantee shall use grant funds provided under this section to carry out the following activities: (A) Development of a new Native American immersion and language teacher training program that leads to State or tribal teacher certification. (B) Support and expansion of an existing Native American immersion and language teacher training program that leads to a State or tribal teacher certification. (C) Development and delivery of professional development workshops and courses aimed at improving the immersion and language acquisition pedagogical practices of Native American immersion and language teachers. (2) Allowable activities \nA grantee may use grant funds provided under this section to carry out additional activities, including— (A) curriculum development and academic instruction, including educational activities, programs, and partnerships relating to students in prekindergarten through grade 12; (B) development and establishment of a national Native American immersion and language teacher best practices guideline or certification; (C) professional development for institutional faculty or for elementary and secondary education administrators and educational support staff; and (D) innovative Native American language and immersion program classroom research for students in prekindergarten through grade 12. (e) Concurrent funding \nAn eligible institution that receives a grant under this section may concurrently receive funds under section 316, 317, or 319. (f) Authorization of appropriations \nThere is authorized to be appropriated to carry out this section such sums as may be necessary for each of fiscal years 2024 through 2028.", "id": "HE3659CF33D2240FA8542655EE4B8E484", "header": "Native American language teacher training program development", "nested": [ { "text": "(a) Purpose \nThe purpose of this section is to establish a grant program that seeks— (1) to increase the number of well-trained and pedagogically effective Native American language speakers in teaching and other education professions that serve Indian people; (2) to provide ongoing training and professional development to Native American immersion and language instructors to improve their linguistic and pedagogical skills; and (3) to support the efforts of American Indian and Alaska Native communities to effectively revitalize, maintain, and teach their languages, as envisioned in the Native American Languages Act ( 25 U.S.C. 2901 et seq. ) and section 803C of the Native American Programs Act of 1974 ( 42 U.S.C. 2991b–3 ).", "id": "HA7C363365A914B0BAAE1C2376B4D1393", "header": "Purpose", "nested": [], "links": [ { "text": "25 U.S.C. 2901 et seq.", "legal-doc": "usc", "parsable-cite": "usc/25/2901" }, { "text": "42 U.S.C. 2991b–3", "legal-doc": "usc", "parsable-cite": "usc/42/2991b-3" } ] }, { "text": "(b) Definition of eligible institution \nIn this section, the term eligible institution means any of the following: (1) An institution eligible to receive funding under section 316, 317(b), or 319(b). (2) A consortium of 2 or more institutions described in paragraph (1).", "id": "H9B8C68EB2F0A495D85D63C2A0C6DAC6A", "header": "Definition of eligible institution", "nested": [], "links": [] }, { "text": "(c) Grant program authorized \n(1) In general \nThe Secretary shall establish a program, to be known as the Native American Language Teacher Training Program, under which the Secretary shall provide grants, on a competitive basis, to eligible institutions to promote the recruitment and training of Native immersion and language teachers to further support the revitalization, maintenance, and use of Native American languages in the classroom. (2) Duration \nA grant under paragraph (1) shall be for a period of not more than 5 years. (3) Application \n(A) In general \nTo be eligible to receive a grant under this subsection, an eligible institution shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may reasonably require. (B) Application paperwork reduction \n(i) The Secretary shall establish application requirements in such a manner as to simplify and streamline the process for applying for grants under this section. (ii) The Secretary shall not require any Tribal College or University, as defined in section 316, applying individually for a grant under this section, to submit any separate, preliminary, or additional grant eligibility application or information because of the institution's status as a Tribal College or University. (C) Inclusion \nAn application under this paragraph shall include a plan for the program proposed to be carried out by the eligible institution, including— (i) a description of a 5-year strategy for meeting the Native immersion teacher recruitment and training needs of American Indians or Alaska Natives, as appropriate, in the population served by the institution, including a description of any partnerships with tribal, local, or Bureau-operated educational agencies; (ii) an identification of the American Indian or Alaska Native population to be served by the eligible institution; (iii) an identification of the status of the target Native American language or languages used within the population; (iv) a description of the professional development and degree services to be provided under the program, including the manner in which the services will be integrated with other appropriate activities and programs; and (v) a description, to be prepared in consultation with the Secretary, of the performance measures to be used to assess the performance of the eligible institution carrying out the program. (D) Requirement \nA program plan under subparagraph (C) shall be consistent with the purposes of this section, as determined by the Secretary.", "id": "H46AD50B166D74E8CB323A14C3E55F869", "header": "Grant program authorized", "nested": [], "links": [] }, { "text": "(d) Use of funds \n(1) Required activities \nA grantee shall use grant funds provided under this section to carry out the following activities: (A) Development of a new Native American immersion and language teacher training program that leads to State or tribal teacher certification. (B) Support and expansion of an existing Native American immersion and language teacher training program that leads to a State or tribal teacher certification. (C) Development and delivery of professional development workshops and courses aimed at improving the immersion and language acquisition pedagogical practices of Native American immersion and language teachers. (2) Allowable activities \nA grantee may use grant funds provided under this section to carry out additional activities, including— (A) curriculum development and academic instruction, including educational activities, programs, and partnerships relating to students in prekindergarten through grade 12; (B) development and establishment of a national Native American immersion and language teacher best practices guideline or certification; (C) professional development for institutional faculty or for elementary and secondary education administrators and educational support staff; and (D) innovative Native American language and immersion program classroom research for students in prekindergarten through grade 12.", "id": "H3A6B8E3177D44AF58C3A4EAED78556D7", "header": "Use of funds", "nested": [], "links": [] }, { "text": "(e) Concurrent funding \nAn eligible institution that receives a grant under this section may concurrently receive funds under section 316, 317, or 319.", "id": "H8FF0B4D024134A4F977CBA7CCE6C52F2", "header": "Concurrent funding", "nested": [], "links": [] }, { "text": "(f) Authorization of appropriations \nThere is authorized to be appropriated to carry out this section such sums as may be necessary for each of fiscal years 2024 through 2028.", "id": "H39A93237A117413789CA5296AD552066", "header": "Authorization of appropriations", "nested": [], "links": [] } ], "links": [ { "text": "25 U.S.C. 2901 et seq.", "legal-doc": "usc", "parsable-cite": "usc/25/2901" }, { "text": "42 U.S.C. 2991b–3", "legal-doc": "usc", "parsable-cite": "usc/42/2991b-3" } ] } ]
14
1. Short title This Act may be cited as the Native Educator Support and Training Act or the NEST Act. 101. Scholarship programs for educators of Indian students and Indian educators Part B of title II of the Higher Education Act ( 20 U.S.C. 1031 et seq. ) is amended by adding at the end the following: 6 Indian educator scholarship program 259A. Purpose; definitions (a) Purpose The purposes of this subpart are— (1) to carry out the United States trust responsibility for the education of Indian children; and (2) to provide a more stable base of education professionals with an understanding of the needs of Indian students to serve in early childhood education programs, public elementary schools and secondary schools, schools funded by the Bureau of Indian Education, the Department of Education, State educational agencies, tribal education agencies, and local educational agencies. (b) Definitions In this subpart: (1) The term Indian shall have the meaning given that term in section 316. (2) The term Bureau-funded school shall have the meaning given that term in section 1141 of the Education Amendments of 1978 ( 25 U.S.C. 2021 ). (3) The term Native-serving institution of higher education shall mean any institution of higher education eligible under section 316, 317, or 319. (4) The term tribal educational agency shall have the meaning given the term in section 6132 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7452 ). (5) The term Bureau of Indian Education early childhood development program means a program operating under a grant authorized by section 1139 of the Education Amendments of 1978 ( 25 U.S.C. 2019 ). (6) The term tribal early childhood education program shall mean any of the following programs: (A) An American Indian or Alaska Native Head Start or Early Head Start program carried out under the Head Start Act ( 42 U.S.C. 9831 et seq. ). (B) A tribal child care and development program carried out under the Child Care and Development Block Grant Act of 1990 ( 42 U.S.C. 9858 et seq. ). (C) A program serving children from birth through age 6 that— (i) receives funding support from the Native American language preservation and maintenance program carried out under section 803C of the Native American Programs Act of 1974 ( 42 U.S.C. 2991b–3 ); (ii) is a tribal prekindergarten program; (iii) is a program authorized under section 619 or part C of the Individuals with Disabilities Education Act ( 20 U.S.C. 1419 ; 20 U.S.C. 1431 et seq. ); or (iv) is a center-based or group-based early childhood learning or development program that the Secretary determines shall be included under this definition, after receiving a request from an Indian tribe. 259B. Terms and conditions of scholarship contracts (a) In General Unless otherwise specified, a scholarship grant under this subpart shall have the terms and conditions described in this section. (b) Contents of contract (1) In general The written contract between the Secretary and the individual receiving a scholarship grant under this subpart shall contain the following: (A) A statement that the Secretary agrees to provide the individual with a scholarship in accordance with section 259C, 259D, or 259E, as the case may be. (B) A statement that the individual agrees— (i) to accept the relevant scholarship under this subpart; (ii) to maintain enrollment in the course of study for which the scholarship was awarded until the individual completes the course of study; (iii) while enrolled in such course of study, to maintain an acceptable level of academic standing (as determined by the Secretary, taking into account the requirements of the institution of higher education offering such course of study); and (iv) to serve, through full-time employment at an eligible school or eligible service employer (as described under section 259C, 259D, or 259E, as the case may be), for a time period (referred to in this section as the period of obligated service ) equal to the greater of— (I) 1 year for the equivalent of each school year for which the individual was provided a scholarship under this subpart; or (II) 3 years. (C) A statement of the damages to which the United States is entitled, under subsection (d), for the individual’s breach of the contract. (D) Any other relevant statements of the rights and liabilities of the Secretary and of the individual, in accordance with the provisions of this subpart. (2) Period of obligated service (A) In General The recipient of a scholarship grant under this subpart shall be required to carry out a period of obligated service, as described in paragraph (1)(B)(iv). (B) Deferment (i) In general At the request of an individual who has entered into a contract described in this subsection, the Secretary shall grant a deferment for the period of obligated service of such individual under such contract for any of the following reasons: (I) Advanced study For advanced study to enable such individual to complete a course of study— (aa) leading to an advanced degree in early childhood education, elementary or secondary education or school administration; or (bb) needed to become certified by a State or Indian tribe to teach, for an appropriate period (in years, as determined by the Secretary). (II) Family and medical leave For family or medical leave for a period in alignment with section 102 of the Family and Medical Leave Act of 1993 ( 29 U.S.C. 2612 ) and as approved by the Secretary. (III) Military service If the individual is a member of the National Guard or other reserve component of the Armed Forces of the United States, or a member of such Armed Forces in a retired status, and such individual is called or ordered to active duty (as defined in section 101(d)(1) of title 10, United States Code), such individual shall be eligible for a deferment during the period of active duty and for an appropriate period (as determined by the Secretary) after returning from active duty. (ii) Conditions of deferment A deferment granted under this subparagraph shall be subject to the following conditions: (I) The deferment period shall not be counted as satisfying any period of obligated service that is required under this section. (II) The period of obligated service of the individual shall commence at the later of— (aa) 90 days after the completion of the deferment period; (bb) the commencement of the first school year at the school where the individual has been hired that begins after the completion of the deferment; or (cc) a date specified by the Secretary. (C) Part-time study In the case of an individual receiving a scholarship under this subpart who is enrolled part-time in an approved course of study— (i) a scholarship under this subpart shall be for a period of years not to exceed the part-time equivalent of 4 years, as determined by the Secretary; (ii) the period of obligated service shall be equal to the greater of— (I) 1 year for the equivalent of each full-time academic year for which the individual was provided a scholarship (as determined by the Secretary by adding the fractions of a full-time academic year that each period of part-time attendance comprises); or (II) 2 years; and (iii) the amount of the monthly stipend specified in subsection (c) shall be reduced pro rata, as determined by the Secretary, based on the number of hours of study in which such individual is enrolled. (c) Scholarship (1) In general A scholarship provided to a student under this subpart for a school year shall equal the amount of— (A) the tuition of the student; (B) all other reasonable educational expenses incurred by the student in such school year, including fees, books, laboratory expenses, and other expenses as determined by the Secretary; and (C) a stipend of $800 per month (adjusted in accordance with paragraph (3)) for each of the 12 consecutive months beginning with the first month of such school year. (2) Payment to an institution of higher education The Secretary may contract with an institution of higher education in which a participant in the scholarship program under this subpart is enrolled for the payment to such institution on behalf of the student of the amounts of tuition and other reasonable educational expenses described in subparagraphs (A) and (B) of paragraph (1). Payment to such institution may be made without regard to subsections (a) and (b) of section 3324 of title 31, United States Code. (3) Stipend The amount of the monthly stipend described in paragraph (1)(C) shall be increased by the Secretary for each school year ending in a fiscal year beginning after September 30, 2024, by the amount (rounded to the next highest multiple of $1) equal to the amount of such stipend multiplied by the percentage adjustment in the rates of pay under the General Schedule taking effect under section 5303 of title 5, United States Code, during the fiscal year in which such school year ends (if such adjustment is an increase). (d) Liability; failure To complete the period of obligated service; repayment (1) Liability An individual who has entered into a written contract with the Secretary under this section shall be liable to the United States for the amount which has been paid to, or on behalf of, such individual under the contract, if such individual— (A) fails to maintain an acceptable level of academic standing in the institution of higher education in which the individual is enrolled (as determined by the Secretary taking into account the requirements of the institution of higher education offering such course of study); (B) is dismissed from such institution of higher education for disciplinary reasons; (C) voluntarily terminates the training in such institution of higher education for which such individual is provided a scholarship under such contract before the completion of such training; or (D) fails to accept payment, or instructs the institution of higher education in which such individual is enrolled not to accept payment, under this section. (2) Failure to complete the period of obligated service An individual who has entered into a written contract with the Secretary under this section may petition the Secretary to delay the date on which the individual would otherwise be required to begin the period of obligated service if such individual has not succeeded in obtaining employment required by this section. In support of such petition, the individual shall supply such reasonable information as the Secretary may require. The Secretary shall retain full discretion regarding the decision about whether to grant or decline such a delay and to determine the duration of any delay that is granted. (3) Repayment (A) In general An individual who has entered into a written contract with the Secretary under this section and who is liable for any amount of damages which the United States is entitled to recover under this subsection shall— (i) begin payment of such damages to the United States within 1 year of the date of the breach or on such later date as specified by the Secretary; and (ii) repay the amount of such damages in full following a schedule and by a deadline determined by the Secretary. (B) Recovery of damages If damages described in subparagraph (A) are delinquent for 3 months, the Secretary shall, for the purpose of recovering such damages— (i) utilize collection agencies contracted with by the Administrator of the General Services Administration; or (ii) enter into contracts for the recovery of such damages with collection agencies selected by the Secretary. (C) Contracts for recovery of damages Each contract for recovering damages pursuant to this paragraph shall provide that the contractor will, not less than once every 6 months, submit to the Secretary a status report on the success of the contractor in collecting such damages. Section 3718 of title 31, United States Code, shall apply to any such contract to the extent not inconsistent with this subsection. (4) Death Upon the death of an individual who receives, or has received, a scholarship under this subpart, any obligation of such individual for service or payment that relates to such scholarship shall be canceled. (5) Waiver (A) Required waiver The Secretary shall provide for the partial or total waiver or suspension of any obligation of service or payment of a recipient of a scholarship under this subpart, if the Secretary determines that— (i) it is not possible for the recipient to meet the obligation or make the payment; (ii) requiring the recipient to meet the obligation or make the payment would result in extreme hardship to the recipient; or (iii) the enforcement of the requirement to meet the obligation or make the payment would be unconscionable. (B) Permissible waiver Notwithstanding any other provision of law, for other good cause shown, the Secretary may waive, in whole or in part, the right of the United States to recover funds made available under this section. (6) Bankruptcy (A) In general Subject to subparagraph (B), and notwithstanding any other provision of law, with respect to a recipient of a scholarship under this subpart, no obligation for payment may be released by a discharge in bankruptcy under title 11. (B) Exception The prohibition described in subparagraph (A) shall not apply if— (i) such discharge is granted after the expiration of the 5-year period beginning on the initial date on which that payment is due; and (ii) the bankruptcy court finds that the nondischarge of the obligation would be unconscionable. (e) Applicability of other provisions Notwithstanding any other provision of law, an individual receiving a scholarship under this subpart shall continue to be eligible for any other grant programs and loan forgiveness programs for which the individual would otherwise be eligible. 259C. Indian student educator scholarship program (a) Grants authorized (1) In general The Secretary shall provide to each eligible applicant who is accepted for a scholarship under this section with a scholarship grant in each school year or years for a period during which such individual is pursuing a course of study in early childhood education, elementary or secondary education, or school administration at an institution of higher education. (2) Designation Scholarships made under paragraph (1) shall be designated Indian student educator scholarships. (b) Eligibility (1) In general The Secretary shall select which eligible applicants will receive an Indian student educator scholarship under subsection (a). (2) Criteria In order to be eligible to receive an Indian student educator scholarship, an individual shall— (A) be accepted for enrollment, or be enrolled, as a full-time or part-time student in a course of study in early childhood education, elementary or secondary education, or school administration at an institution of higher education; (B) submit an application to participate in the Indian educator scholarship program at such time and in such manner as the Secretary shall determine; and (C) sign and submit to the Secretary, at the time that such application is submitted, a written contract as described in section 259B, which shall include a commitment to serve through full-time employment at an eligible school for the period of obligated service. (c) Eligible schools An individual shall be considered to be serving, through full-time employment at an eligible school, as required under section 259B(b)(1)(B)(iv), if the individual is employed full-time— (1) in a Bureau-funded school, including a Bureau of Indian Education early childhood development program; (2) in a public elementary school or secondary school that serves a significant number of Indian students, as determined by the Secretary in consultation with Indian tribes; (3) in a tribal early childhood education program; or (4) in a federally-funded early childhood education program that serves a significant number of Indian students, as determined by the Secretary in consultation with Indian tribes. (d) Placement assistance The Secretary shall assist the recipient of an Indian educator scholarship in learning about placement opportunities in eligible schools by transmitting the name and educational credentials of such recipient to— (1) State educational agency clearinghouses for recruitment and placement of early childhood, kindergarten, elementary school, and secondary school teachers and school administrators in States with a significant number of Indian children; (2) Bureau of Indian Education early childhood development programs; (3) elementary schools and secondary schools that are Bureau-funded schools; and (4) tribal educational agencies. 259D. Indian educator scholarship program (a) Grants authorized (1) In general The Secretary shall provide to each eligible applicant who is accepted for a scholarship under this section with a scholarship grant in each school year or years for a period during which such individual is pursuing a course of study in early childhood education, elementary or secondary education, or school administration at an institution of higher education. (2) Designation Scholarships made under paragraph (1) shall be designated Indian educator scholarships. (b) Eligibility (1) In general The Secretary shall select which eligible applicants will receive an Indian educator scholarship under subsection (a). (2) Criteria In order to be eligible to receive an Indian educator scholarship, an individual shall— (A) be an Indian; (B) be accepted for enrollment, or be enrolled, as a full-time or part-time student in a course of study in early childhood education, elementary or secondary education, or school administration at an institution of higher education; (C) submit an application to participate in the Indian educator scholarship program at such time and in such manner as the Secretary shall determine; and (D) sign and submit to the Secretary, at the time that such application is submitted, a written contract as described in section 259B, which shall include a commitment to serve through full-time employment at an eligible school for the period of obligated service. (c) Eligible schools An individual shall be considered to be serving, through full-time employment at an eligible school, as required under as section 259B(b)(1)(B)(iv), if the individual is employed full-time— (1) in a Bureau-funded school, including a Bureau of Indian Education early childhood development program; (2) in a public elementary school or secondary school that is in the school district of a local educational agency which is eligible during the period of obligated service for assistance under part A of title I of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6311 et seq. ); (3) in a tribal early childhood education program; or (4) in a federally-funded early childhood education program that serves a significant number of Indian students, as determined by the Secretary in consultation with Indian tribes. (d) Placement assistance The Secretary shall assist the recipient of an Indian educator scholarship in learning about placement opportunities in eligible schools by transmitting the name and educational credentials of such recipient to— (1) State educational agency clearinghouses for recruitment and placement of kindergarten, elementary school, and secondary school teachers and school administrators in States with a significant number of Indian children; (2) Bureau of Indian Education early childhood development programs; (3) elementary schools and secondary schools that are Bureau-funded schools; and (4) tribal educational agencies. 259E. Indian educator graduate fellowship program (a) Grants authorized (1) In general The Secretary shall make scholarship grants in accordance with this section to Indians who are enrolled on a full-time or part-time basis in institutions of higher education and pursuing a graduate level course of study in education or school administration. (2) Designation Scholarships made under paragraph (1) shall be designated Indian educator graduate fellowships. (b) Eligibility (1) In general The Secretary shall select which eligible applicants will receive an Indian educator graduate fellowship under subsection (a). (2) Criteria In order to be eligible to receive an Indian educator graduate fellowship, an individual shall— (A) be an Indian; (B) be accepted for enrollment, or be enrolled, as a full-time or part-time student in a graduate level course of study in education or school administration at an institution of higher education; (C) submit an application to participate in the Indian educator graduate fellowship program at such time and in such manner as the Secretary shall determine; and (D) sign and submit to the Secretary, at the time that such application is submitted, a written contract as described in section 259B, which shall include a commitment to serve through full-time employment at an eligible service employer for the period of obligated service. (c) Eligible service employers An individual shall be considered to be serving, through full-time employment at an eligible service employer, as required under section 259B(b)(1)(B)(iv), if the individual is employed full-time— (1) in a Bureau-funded school; (2) in a public elementary school or secondary school that serves a significant number of Indian students, as determined by the Secretary in consultation with Indian tribes; (3) by a Native-serving institution of higher education; (4) in a tribal early childhood education program; (5) in a federally-funded early childhood education program that serves a significant number of Indian students, as determined by the Secretary in consultation with Indian tribes; (6) for a tribal educational agency; (7) for a State educational agency or local educational agency that serves a significant number of Indian students, as defined by the Secretary in consultation with Indian tribes; (8) for the Department of Education; or (9) for the Bureau of Indian Education. (d) Placement assistance The Secretary shall assist the recipient of an Indian educator graduate fellowship in learning about placement opportunities in eligible service employers in such manner as the Secretary determines appropriate.. 259A. Purpose; definitions (a) Purpose The purposes of this subpart are— (1) to carry out the United States trust responsibility for the education of Indian children; and (2) to provide a more stable base of education professionals with an understanding of the needs of Indian students to serve in early childhood education programs, public elementary schools and secondary schools, schools funded by the Bureau of Indian Education, the Department of Education, State educational agencies, tribal education agencies, and local educational agencies. (b) Definitions In this subpart: (1) The term Indian shall have the meaning given that term in section 316. (2) The term Bureau-funded school shall have the meaning given that term in section 1141 of the Education Amendments of 1978 ( 25 U.S.C. 2021 ). (3) The term Native-serving institution of higher education shall mean any institution of higher education eligible under section 316, 317, or 319. (4) The term tribal educational agency shall have the meaning given the term in section 6132 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7452 ). (5) The term Bureau of Indian Education early childhood development program means a program operating under a grant authorized by section 1139 of the Education Amendments of 1978 ( 25 U.S.C. 2019 ). (6) The term tribal early childhood education program shall mean any of the following programs: (A) An American Indian or Alaska Native Head Start or Early Head Start program carried out under the Head Start Act ( 42 U.S.C. 9831 et seq. ). (B) A tribal child care and development program carried out under the Child Care and Development Block Grant Act of 1990 ( 42 U.S.C. 9858 et seq. ). (C) A program serving children from birth through age 6 that— (i) receives funding support from the Native American language preservation and maintenance program carried out under section 803C of the Native American Programs Act of 1974 ( 42 U.S.C. 2991b–3 ); (ii) is a tribal prekindergarten program; (iii) is a program authorized under section 619 or part C of the Individuals with Disabilities Education Act ( 20 U.S.C. 1419 ; 20 U.S.C. 1431 et seq. ); or (iv) is a center-based or group-based early childhood learning or development program that the Secretary determines shall be included under this definition, after receiving a request from an Indian tribe. 259B. Terms and conditions of scholarship contracts (a) In General Unless otherwise specified, a scholarship grant under this subpart shall have the terms and conditions described in this section. (b) Contents of contract (1) In general The written contract between the Secretary and the individual receiving a scholarship grant under this subpart shall contain the following: (A) A statement that the Secretary agrees to provide the individual with a scholarship in accordance with section 259C, 259D, or 259E, as the case may be. (B) A statement that the individual agrees— (i) to accept the relevant scholarship under this subpart; (ii) to maintain enrollment in the course of study for which the scholarship was awarded until the individual completes the course of study; (iii) while enrolled in such course of study, to maintain an acceptable level of academic standing (as determined by the Secretary, taking into account the requirements of the institution of higher education offering such course of study); and (iv) to serve, through full-time employment at an eligible school or eligible service employer (as described under section 259C, 259D, or 259E, as the case may be), for a time period (referred to in this section as the period of obligated service ) equal to the greater of— (I) 1 year for the equivalent of each school year for which the individual was provided a scholarship under this subpart; or (II) 3 years. (C) A statement of the damages to which the United States is entitled, under subsection (d), for the individual’s breach of the contract. (D) Any other relevant statements of the rights and liabilities of the Secretary and of the individual, in accordance with the provisions of this subpart. (2) Period of obligated service (A) In General The recipient of a scholarship grant under this subpart shall be required to carry out a period of obligated service, as described in paragraph (1)(B)(iv). (B) Deferment (i) In general At the request of an individual who has entered into a contract described in this subsection, the Secretary shall grant a deferment for the period of obligated service of such individual under such contract for any of the following reasons: (I) Advanced study For advanced study to enable such individual to complete a course of study— (aa) leading to an advanced degree in early childhood education, elementary or secondary education or school administration; or (bb) needed to become certified by a State or Indian tribe to teach, for an appropriate period (in years, as determined by the Secretary). (II) Family and medical leave For family or medical leave for a period in alignment with section 102 of the Family and Medical Leave Act of 1993 ( 29 U.S.C. 2612 ) and as approved by the Secretary. (III) Military service If the individual is a member of the National Guard or other reserve component of the Armed Forces of the United States, or a member of such Armed Forces in a retired status, and such individual is called or ordered to active duty (as defined in section 101(d)(1) of title 10, United States Code), such individual shall be eligible for a deferment during the period of active duty and for an appropriate period (as determined by the Secretary) after returning from active duty. (ii) Conditions of deferment A deferment granted under this subparagraph shall be subject to the following conditions: (I) The deferment period shall not be counted as satisfying any period of obligated service that is required under this section. (II) The period of obligated service of the individual shall commence at the later of— (aa) 90 days after the completion of the deferment period; (bb) the commencement of the first school year at the school where the individual has been hired that begins after the completion of the deferment; or (cc) a date specified by the Secretary. (C) Part-time study In the case of an individual receiving a scholarship under this subpart who is enrolled part-time in an approved course of study— (i) a scholarship under this subpart shall be for a period of years not to exceed the part-time equivalent of 4 years, as determined by the Secretary; (ii) the period of obligated service shall be equal to the greater of— (I) 1 year for the equivalent of each full-time academic year for which the individual was provided a scholarship (as determined by the Secretary by adding the fractions of a full-time academic year that each period of part-time attendance comprises); or (II) 2 years; and (iii) the amount of the monthly stipend specified in subsection (c) shall be reduced pro rata, as determined by the Secretary, based on the number of hours of study in which such individual is enrolled. (c) Scholarship (1) In general A scholarship provided to a student under this subpart for a school year shall equal the amount of— (A) the tuition of the student; (B) all other reasonable educational expenses incurred by the student in such school year, including fees, books, laboratory expenses, and other expenses as determined by the Secretary; and (C) a stipend of $800 per month (adjusted in accordance with paragraph (3)) for each of the 12 consecutive months beginning with the first month of such school year. (2) Payment to an institution of higher education The Secretary may contract with an institution of higher education in which a participant in the scholarship program under this subpart is enrolled for the payment to such institution on behalf of the student of the amounts of tuition and other reasonable educational expenses described in subparagraphs (A) and (B) of paragraph (1). Payment to such institution may be made without regard to subsections (a) and (b) of section 3324 of title 31, United States Code. (3) Stipend The amount of the monthly stipend described in paragraph (1)(C) shall be increased by the Secretary for each school year ending in a fiscal year beginning after September 30, 2024, by the amount (rounded to the next highest multiple of $1) equal to the amount of such stipend multiplied by the percentage adjustment in the rates of pay under the General Schedule taking effect under section 5303 of title 5, United States Code, during the fiscal year in which such school year ends (if such adjustment is an increase). (d) Liability; failure To complete the period of obligated service; repayment (1) Liability An individual who has entered into a written contract with the Secretary under this section shall be liable to the United States for the amount which has been paid to, or on behalf of, such individual under the contract, if such individual— (A) fails to maintain an acceptable level of academic standing in the institution of higher education in which the individual is enrolled (as determined by the Secretary taking into account the requirements of the institution of higher education offering such course of study); (B) is dismissed from such institution of higher education for disciplinary reasons; (C) voluntarily terminates the training in such institution of higher education for which such individual is provided a scholarship under such contract before the completion of such training; or (D) fails to accept payment, or instructs the institution of higher education in which such individual is enrolled not to accept payment, under this section. (2) Failure to complete the period of obligated service An individual who has entered into a written contract with the Secretary under this section may petition the Secretary to delay the date on which the individual would otherwise be required to begin the period of obligated service if such individual has not succeeded in obtaining employment required by this section. In support of such petition, the individual shall supply such reasonable information as the Secretary may require. The Secretary shall retain full discretion regarding the decision about whether to grant or decline such a delay and to determine the duration of any delay that is granted. (3) Repayment (A) In general An individual who has entered into a written contract with the Secretary under this section and who is liable for any amount of damages which the United States is entitled to recover under this subsection shall— (i) begin payment of such damages to the United States within 1 year of the date of the breach or on such later date as specified by the Secretary; and (ii) repay the amount of such damages in full following a schedule and by a deadline determined by the Secretary. (B) Recovery of damages If damages described in subparagraph (A) are delinquent for 3 months, the Secretary shall, for the purpose of recovering such damages— (i) utilize collection agencies contracted with by the Administrator of the General Services Administration; or (ii) enter into contracts for the recovery of such damages with collection agencies selected by the Secretary. (C) Contracts for recovery of damages Each contract for recovering damages pursuant to this paragraph shall provide that the contractor will, not less than once every 6 months, submit to the Secretary a status report on the success of the contractor in collecting such damages. Section 3718 of title 31, United States Code, shall apply to any such contract to the extent not inconsistent with this subsection. (4) Death Upon the death of an individual who receives, or has received, a scholarship under this subpart, any obligation of such individual for service or payment that relates to such scholarship shall be canceled. (5) Waiver (A) Required waiver The Secretary shall provide for the partial or total waiver or suspension of any obligation of service or payment of a recipient of a scholarship under this subpart, if the Secretary determines that— (i) it is not possible for the recipient to meet the obligation or make the payment; (ii) requiring the recipient to meet the obligation or make the payment would result in extreme hardship to the recipient; or (iii) the enforcement of the requirement to meet the obligation or make the payment would be unconscionable. (B) Permissible waiver Notwithstanding any other provision of law, for other good cause shown, the Secretary may waive, in whole or in part, the right of the United States to recover funds made available under this section. (6) Bankruptcy (A) In general Subject to subparagraph (B), and notwithstanding any other provision of law, with respect to a recipient of a scholarship under this subpart, no obligation for payment may be released by a discharge in bankruptcy under title 11. (B) Exception The prohibition described in subparagraph (A) shall not apply if— (i) such discharge is granted after the expiration of the 5-year period beginning on the initial date on which that payment is due; and (ii) the bankruptcy court finds that the nondischarge of the obligation would be unconscionable. (e) Applicability of other provisions Notwithstanding any other provision of law, an individual receiving a scholarship under this subpart shall continue to be eligible for any other grant programs and loan forgiveness programs for which the individual would otherwise be eligible. 259C. Indian student educator scholarship program (a) Grants authorized (1) In general The Secretary shall provide to each eligible applicant who is accepted for a scholarship under this section with a scholarship grant in each school year or years for a period during which such individual is pursuing a course of study in early childhood education, elementary or secondary education, or school administration at an institution of higher education. (2) Designation Scholarships made under paragraph (1) shall be designated Indian student educator scholarships. (b) Eligibility (1) In general The Secretary shall select which eligible applicants will receive an Indian student educator scholarship under subsection (a). (2) Criteria In order to be eligible to receive an Indian student educator scholarship, an individual shall— (A) be accepted for enrollment, or be enrolled, as a full-time or part-time student in a course of study in early childhood education, elementary or secondary education, or school administration at an institution of higher education; (B) submit an application to participate in the Indian educator scholarship program at such time and in such manner as the Secretary shall determine; and (C) sign and submit to the Secretary, at the time that such application is submitted, a written contract as described in section 259B, which shall include a commitment to serve through full-time employment at an eligible school for the period of obligated service. (c) Eligible schools An individual shall be considered to be serving, through full-time employment at an eligible school, as required under section 259B(b)(1)(B)(iv), if the individual is employed full-time— (1) in a Bureau-funded school, including a Bureau of Indian Education early childhood development program; (2) in a public elementary school or secondary school that serves a significant number of Indian students, as determined by the Secretary in consultation with Indian tribes; (3) in a tribal early childhood education program; or (4) in a federally-funded early childhood education program that serves a significant number of Indian students, as determined by the Secretary in consultation with Indian tribes. (d) Placement assistance The Secretary shall assist the recipient of an Indian educator scholarship in learning about placement opportunities in eligible schools by transmitting the name and educational credentials of such recipient to— (1) State educational agency clearinghouses for recruitment and placement of early childhood, kindergarten, elementary school, and secondary school teachers and school administrators in States with a significant number of Indian children; (2) Bureau of Indian Education early childhood development programs; (3) elementary schools and secondary schools that are Bureau-funded schools; and (4) tribal educational agencies. 259D. Indian educator scholarship program (a) Grants authorized (1) In general The Secretary shall provide to each eligible applicant who is accepted for a scholarship under this section with a scholarship grant in each school year or years for a period during which such individual is pursuing a course of study in early childhood education, elementary or secondary education, or school administration at an institution of higher education. (2) Designation Scholarships made under paragraph (1) shall be designated Indian educator scholarships. (b) Eligibility (1) In general The Secretary shall select which eligible applicants will receive an Indian educator scholarship under subsection (a). (2) Criteria In order to be eligible to receive an Indian educator scholarship, an individual shall— (A) be an Indian; (B) be accepted for enrollment, or be enrolled, as a full-time or part-time student in a course of study in early childhood education, elementary or secondary education, or school administration at an institution of higher education; (C) submit an application to participate in the Indian educator scholarship program at such time and in such manner as the Secretary shall determine; and (D) sign and submit to the Secretary, at the time that such application is submitted, a written contract as described in section 259B, which shall include a commitment to serve through full-time employment at an eligible school for the period of obligated service. (c) Eligible schools An individual shall be considered to be serving, through full-time employment at an eligible school, as required under as section 259B(b)(1)(B)(iv), if the individual is employed full-time— (1) in a Bureau-funded school, including a Bureau of Indian Education early childhood development program; (2) in a public elementary school or secondary school that is in the school district of a local educational agency which is eligible during the period of obligated service for assistance under part A of title I of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6311 et seq. ); (3) in a tribal early childhood education program; or (4) in a federally-funded early childhood education program that serves a significant number of Indian students, as determined by the Secretary in consultation with Indian tribes. (d) Placement assistance The Secretary shall assist the recipient of an Indian educator scholarship in learning about placement opportunities in eligible schools by transmitting the name and educational credentials of such recipient to— (1) State educational agency clearinghouses for recruitment and placement of kindergarten, elementary school, and secondary school teachers and school administrators in States with a significant number of Indian children; (2) Bureau of Indian Education early childhood development programs; (3) elementary schools and secondary schools that are Bureau-funded schools; and (4) tribal educational agencies. 259E. Indian educator graduate fellowship program (a) Grants authorized (1) In general The Secretary shall make scholarship grants in accordance with this section to Indians who are enrolled on a full-time or part-time basis in institutions of higher education and pursuing a graduate level course of study in education or school administration. (2) Designation Scholarships made under paragraph (1) shall be designated Indian educator graduate fellowships. (b) Eligibility (1) In general The Secretary shall select which eligible applicants will receive an Indian educator graduate fellowship under subsection (a). (2) Criteria In order to be eligible to receive an Indian educator graduate fellowship, an individual shall— (A) be an Indian; (B) be accepted for enrollment, or be enrolled, as a full-time or part-time student in a graduate level course of study in education or school administration at an institution of higher education; (C) submit an application to participate in the Indian educator graduate fellowship program at such time and in such manner as the Secretary shall determine; and (D) sign and submit to the Secretary, at the time that such application is submitted, a written contract as described in section 259B, which shall include a commitment to serve through full-time employment at an eligible service employer for the period of obligated service. (c) Eligible service employers An individual shall be considered to be serving, through full-time employment at an eligible service employer, as required under section 259B(b)(1)(B)(iv), if the individual is employed full-time— (1) in a Bureau-funded school; (2) in a public elementary school or secondary school that serves a significant number of Indian students, as determined by the Secretary in consultation with Indian tribes; (3) by a Native-serving institution of higher education; (4) in a tribal early childhood education program; (5) in a federally-funded early childhood education program that serves a significant number of Indian students, as determined by the Secretary in consultation with Indian tribes; (6) for a tribal educational agency; (7) for a State educational agency or local educational agency that serves a significant number of Indian students, as defined by the Secretary in consultation with Indian tribes; (8) for the Department of Education; or (9) for the Bureau of Indian Education. (d) Placement assistance The Secretary shall assist the recipient of an Indian educator graduate fellowship in learning about placement opportunities in eligible service employers in such manner as the Secretary determines appropriate. 111. Loan forgiveness for educators working in Bureau of Indian Education-funded schools and local educational agencies with a high percentage of American Indian students (a) Part B loans Section 428J of the Higher Education Act of 1965 ( 20 U.S.C. 1078–10 ) is amended— (1) in subsection (b)(1), by inserting subject to paragraphs (4) and (5) of subsection (c), before has been employed ; and (2) in subsection (c), by adding at the end the following: (4) Additional amounts for educators in Bureau of Indian Education-funded schools and local educational agencies with a high percentage of American Indian students Notwithstanding the amount specified in paragraph (1) and the requirements under subparagraphs (A) and (B) of subsection (b)(1), the aggregate amount that the Secretary shall repay under this section shall be not less than $17,500 in the case of a borrower who has been employed as a full-time teacher or school administrator for 5 consecutive complete school years as— (A) a teacher or school administrator in a local educational agency described in section 6112(b)(1) of the Elementary and Secondary Education Act of 1965; or (B) a teacher or school administrator in a Bureau-funded school (as defined in section 1141 of the Education Amendments of 1978 ( 25 U.S.C. 2021 )).. (b) Part D loans Section 460 of the Higher Education Act of 1965 ( 20 U.S.C. 1087j ) is amended— (1) in subsection (b)(1) by inserting subject to paragraphs (4) and (5) of subsection (c), before has been employed ; and (2) in subsection (c), by adding at the end the following: (4) Additional amounts for educators in Bureau of Indian Education-funded schools and local educational agencies with a high percentage of American Indian students Notwithstanding the amount specified in paragraph (1) and the requirements under subparagraphs (A) and (B) of subsection (b)(1), the aggregate amount that the Secretary shall cancel under this section shall be not less than $17,500 in the case of a borrower who has been employed as a full-time teacher or school administrator for 5 consecutive complete school years as— (A) a teacher or school administrator in a local educational agency described in section 6112(b)(1) of the Elementary and Secondary Education Act of 1965; or (B) a teacher or school administrator in a Bureau-funded school (as defined in section 1141 of the Education Amendments of 1978 ( 25 U.S.C. 2021 )).. 112. Loan forgiveness for American Indian educators (a) Part B loans Section 428J(c) of the Higher Education Act of 1965 ( 20 U.S.C. 1078–10(c) ), as amended by section 111, is further amended by adding at the end the following: (5) Additional amounts for American Indian educators Notwithstanding the amount specified in paragraph (1) and the requirements under subparagraphs (A) and (B) of subsection (b)(1), the aggregate amount that the Secretary shall repay under this section shall be not less than $17,500 in the case of a borrower who— (A) has been employed as a full-time teacher or school administrator for 5 consecutive complete school years in— (i) a Bureau-funded elementary school or secondary school (as defined in section 1141 of the Education Amendments of 1978 ( 25 U.S.C. 2021 )); or (ii) a public elementary school or secondary school that is in the school district of a local educational agency which is eligible during the period of obligated service for assistance under part A of title I of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6311 et seq. ); and (B) is a member of an Indian tribe (as defined in section 4 of the Indian Self-Determination and Education Assistance Act ( 25 U.S.C. 5304 )).. (b) Part D loans Section 460(c) of the Higher Education Act of 1965 ( 20 U.S.C. 1087j(c) ), as amended by section 111, is further amended by adding at the end the following: (5) Additional amounts for American Indian educators Notwithstanding the amount specified in paragraph (1) and the requirements under subparagraphs (A) and (B) of subsection (b)(1), the aggregate amount that the Secretary shall cancel under this section shall be not less than $17,500 in the case of a borrower who— (A) has been employed as a full-time teacher or school administrator for 5 consecutive complete school years in— (i) a Bureau-funded elementary school or secondary school (as defined in section 1141 of the Education Amendments of 1978 ( 25 U.S.C. 2021 )); or (ii) a public elementary school or secondary school that is in the school district of a local educational agency which is eligible during the period of obligated service for assistance under part A of title I of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6311 et seq. ); and (B) is a member of an Indian tribe (as defined in section 4 of the Indian Self-Determination and Education Assistance Act ( 25 U.S.C. 5304 )).. 113. Cancellation of loans for educators teaching in Bureau of Indian Education-funded schools and Native American language immersion programs Section 465(a)(2) of the Higher Education Act of 1965 ( 20 U.S.C. 1087ee(a)(2) ) is amended— (1) in subparagraph (A)— (A) in clause (i)(II), by striking or after the semicolon; (B) in clause (ii), by inserting or after the semicolon; and (C) by inserting after clause (ii) the following: (iii) in an elementary school or secondary school that is a Bureau-funded school (as defined in section 1141 of the Education Amendments of 1978 ( 25 U.S.C. 2021 )); and (2) in subparagraph (G), by inserting Native American language immersion, after foreign languages,. 201. National Board certification incentive program Subpart 2 of part A of title VI of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7441 et seq. ) is amended by adding at the end the following: 6123. National Board certification incentive program (a) Purposes The purposes of this section are— (1) to improve the skills of qualified individuals who are Indian (as defined by section 103 of the Native American Languages Act ( 25 U.S.C. 2902 )) or who teach Indian people; (2) to provide an incentive for qualified educators to continue to utilize their enhanced skills in elementary schools and secondary schools serving Indian communities; and (3) to increase the retention of highly skilled Indian educators in elementary schools and secondary schools seeking to better incorporate Indian culture and history into the general curriculum. (b) Definitions In this section: (1) Bureau-funded school The term Bureau-funded school has the meaning given the term in section 1141 of the Education Amendments of 1978 ( 25 U.S.C. 2021 ). (2) Eligible entities The term eligible entity means— (A) a State educational agency in consortium with an institution of higher education; (B) a local educational agency in consortium with an institution of higher education; (C) an Indian tribe or organization, in consortium with a local educational agency and an institution of higher education; (D) an Indian tribe or organization, in consortium with a Bureau-funded school and an institution of higher education; or (E) a Bureau-funded school in consortium with an institution of higher education. (3) Eligible educators The term eligible educator means— (A) a teacher who teaches a minimum number of Indian students, as determined by the Secretary in consultation with Indian tribes; or (B) a teacher who is Indian. (4) Indian tribe The term Indian tribe has the meaning given the term in section 4 of the Indian Self-Determination and Education Assistance Act ( 25 U.S.C. 5304 ). (c) Program authorized The Secretary is authorized to award grants to eligible entities having applications approved under this section to enable such eligible entities to— (1) reimburse eligible educators for out-of-pocket costs associated with obtaining teacher certification or credentialing by the National Board for Professional Teaching Standards; and (2) provide an increase in annual compensation, in an amount equal to not less than $5,000 and not more than a $10,000, for eligible educators with a certification from the National Board for Professional Teaching Standards for the duration of the grant under this section. (d) Application (1) In general Each eligible entity desiring a grant under this section shall submit an application to the Secretary at such time, in such manner, and accompanied by such information, as the Secretary may reasonably require. (2) Special rule In the case of an eligible entity desiring to utilize all or a portion of a grant under this section for eligible educators identified in subparagraph (B) of subsection (b)(3) who would not also qualify as an eligible educator under subparagraph (A) of subsection (b)(3), the eligible entity shall provide an assurance that grant funds will support only those educators who are tribally enrolled or affiliated with an Indian tribe. (e) Awarding of grants In awarding grants under this section, the Secretary shall determine the amount and length of each grant, which shall not exceed 5 years. (f) Restrictions on compensation increases The Secretary shall require and ensure that individuals who obtain a certification from the National Board for Professional Teaching Standards under this section continue to teach at a school served by the eligible entity through which funding for such certification was obtained as a condition of receiving annual compensation increases provided for in this section. (g) Progress reports (1) In general For every year for which Congress allocates funds for grants under this section, the Secretary shall provide a report on the progress of the eligible entities receiving grants under this section in meeting applicable progress standards, as determined by the Secretary. (2) Dissemination The Secretary shall disseminate the report described in this subsection to each of the following: (A) The Committee on Health, Education, Labor, and Pensions of the Senate. (B) The Committee on Indian Affairs of the Senate. (C) The Subcommittee on Indian, Insular, and Alaska Native Affairs of the Committee on Natural Resources of the House of Representatives. (D) The Committee on Education and the Workforce of the House of Representatives.. 6123. National Board certification incentive program (a) Purposes The purposes of this section are— (1) to improve the skills of qualified individuals who are Indian (as defined by section 103 of the Native American Languages Act ( 25 U.S.C. 2902 )) or who teach Indian people; (2) to provide an incentive for qualified educators to continue to utilize their enhanced skills in elementary schools and secondary schools serving Indian communities; and (3) to increase the retention of highly skilled Indian educators in elementary schools and secondary schools seeking to better incorporate Indian culture and history into the general curriculum. (b) Definitions In this section: (1) Bureau-funded school The term Bureau-funded school has the meaning given the term in section 1141 of the Education Amendments of 1978 ( 25 U.S.C. 2021 ). (2) Eligible entities The term eligible entity means— (A) a State educational agency in consortium with an institution of higher education; (B) a local educational agency in consortium with an institution of higher education; (C) an Indian tribe or organization, in consortium with a local educational agency and an institution of higher education; (D) an Indian tribe or organization, in consortium with a Bureau-funded school and an institution of higher education; or (E) a Bureau-funded school in consortium with an institution of higher education. (3) Eligible educators The term eligible educator means— (A) a teacher who teaches a minimum number of Indian students, as determined by the Secretary in consultation with Indian tribes; or (B) a teacher who is Indian. (4) Indian tribe The term Indian tribe has the meaning given the term in section 4 of the Indian Self-Determination and Education Assistance Act ( 25 U.S.C. 5304 ). (c) Program authorized The Secretary is authorized to award grants to eligible entities having applications approved under this section to enable such eligible entities to— (1) reimburse eligible educators for out-of-pocket costs associated with obtaining teacher certification or credentialing by the National Board for Professional Teaching Standards; and (2) provide an increase in annual compensation, in an amount equal to not less than $5,000 and not more than a $10,000, for eligible educators with a certification from the National Board for Professional Teaching Standards for the duration of the grant under this section. (d) Application (1) In general Each eligible entity desiring a grant under this section shall submit an application to the Secretary at such time, in such manner, and accompanied by such information, as the Secretary may reasonably require. (2) Special rule In the case of an eligible entity desiring to utilize all or a portion of a grant under this section for eligible educators identified in subparagraph (B) of subsection (b)(3) who would not also qualify as an eligible educator under subparagraph (A) of subsection (b)(3), the eligible entity shall provide an assurance that grant funds will support only those educators who are tribally enrolled or affiliated with an Indian tribe. (e) Awarding of grants In awarding grants under this section, the Secretary shall determine the amount and length of each grant, which shall not exceed 5 years. (f) Restrictions on compensation increases The Secretary shall require and ensure that individuals who obtain a certification from the National Board for Professional Teaching Standards under this section continue to teach at a school served by the eligible entity through which funding for such certification was obtained as a condition of receiving annual compensation increases provided for in this section. (g) Progress reports (1) In general For every year for which Congress allocates funds for grants under this section, the Secretary shall provide a report on the progress of the eligible entities receiving grants under this section in meeting applicable progress standards, as determined by the Secretary. (2) Dissemination The Secretary shall disseminate the report described in this subsection to each of the following: (A) The Committee on Health, Education, Labor, and Pensions of the Senate. (B) The Committee on Indian Affairs of the Senate. (C) The Subcommittee on Indian, Insular, and Alaska Native Affairs of the Committee on Natural Resources of the House of Representatives. (D) The Committee on Education and the Workforce of the House of Representatives. 211. Native language teacher training program development grants for tribal colleges and universities and institutions of higher education that serve significant numbers of Native students Title III of the Higher Education Act of 1965 ( 20 U.S.C. 1051 et seq. ) is amended— (1) by redesignating part G as part H; and (2) by inserting after part F the following: G Native American language teacher training program development 381. Native American language teacher training program development (a) Purpose The purpose of this section is to establish a grant program that seeks— (1) to increase the number of well-trained and pedagogically effective Native American language speakers in teaching and other education professions that serve Indian people; (2) to provide ongoing training and professional development to Native American immersion and language instructors to improve their linguistic and pedagogical skills; and (3) to support the efforts of American Indian and Alaska Native communities to effectively revitalize, maintain, and teach their languages, as envisioned in the Native American Languages Act ( 25 U.S.C. 2901 et seq. ) and section 803C of the Native American Programs Act of 1974 ( 42 U.S.C. 2991b–3 ). (b) Definition of eligible institution In this section, the term eligible institution means any of the following: (1) An institution eligible to receive funding under section 316, 317(b), or 319(b). (2) A consortium of 2 or more institutions described in paragraph (1). (c) Grant program authorized (1) In general The Secretary shall establish a program, to be known as the Native American Language Teacher Training Program, under which the Secretary shall provide grants, on a competitive basis, to eligible institutions to promote the recruitment and training of Native immersion and language teachers to further support the revitalization, maintenance, and use of Native American languages in the classroom. (2) Duration A grant under paragraph (1) shall be for a period of not more than 5 years. (3) Application (A) In general To be eligible to receive a grant under this subsection, an eligible institution shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may reasonably require. (B) Application paperwork reduction (i) The Secretary shall establish application requirements in such a manner as to simplify and streamline the process for applying for grants under this section. (ii) The Secretary shall not require any Tribal College or University, as defined in section 316, applying individually for a grant under this section, to submit any separate, preliminary, or additional grant eligibility application or information because of the institution's status as a Tribal College or University. (C) Inclusion An application under this paragraph shall include a plan for the program proposed to be carried out by the eligible institution, including— (i) a description of a 5-year strategy for meeting the Native immersion teacher recruitment and training needs of American Indians or Alaska Natives, as appropriate, in the population served by the institution, including a description of any partnerships with tribal, local, or Bureau-operated educational agencies; (ii) an identification of the American Indian or Alaska Native population to be served by the eligible institution; (iii) an identification of the status of the target Native American language or languages used within the population; (iv) a description of the professional development and degree services to be provided under the program, including the manner in which the services will be integrated with other appropriate activities and programs; and (v) a description, to be prepared in consultation with the Secretary, of the performance measures to be used to assess the performance of the eligible institution carrying out the program. (D) Requirement A program plan under subparagraph (C) shall be consistent with the purposes of this section, as determined by the Secretary. (d) Use of funds (1) Required activities A grantee shall use grant funds provided under this section to carry out the following activities: (A) Development of a new Native American immersion and language teacher training program that leads to State or tribal teacher certification. (B) Support and expansion of an existing Native American immersion and language teacher training program that leads to a State or tribal teacher certification. (C) Development and delivery of professional development workshops and courses aimed at improving the immersion and language acquisition pedagogical practices of Native American immersion and language teachers. (2) Allowable activities A grantee may use grant funds provided under this section to carry out additional activities, including— (A) curriculum development and academic instruction, including educational activities, programs, and partnerships relating to students in prekindergarten through grade 12; (B) development and establishment of a national Native American immersion and language teacher best practices guideline or certification; (C) professional development for institutional faculty or for elementary and secondary education administrators and educational support staff; and (D) innovative Native American language and immersion program classroom research for students in prekindergarten through grade 12. (e) Concurrent funding An eligible institution that receives a grant under this section may concurrently receive funds under section 316, 317, or 319. (f) Authorization of appropriations There is authorized to be appropriated to carry out this section such sums as may be necessary for each of fiscal years 2024 through 2028.. 381. Native American language teacher training program development (a) Purpose The purpose of this section is to establish a grant program that seeks— (1) to increase the number of well-trained and pedagogically effective Native American language speakers in teaching and other education professions that serve Indian people; (2) to provide ongoing training and professional development to Native American immersion and language instructors to improve their linguistic and pedagogical skills; and (3) to support the efforts of American Indian and Alaska Native communities to effectively revitalize, maintain, and teach their languages, as envisioned in the Native American Languages Act ( 25 U.S.C. 2901 et seq. ) and section 803C of the Native American Programs Act of 1974 ( 42 U.S.C. 2991b–3 ). (b) Definition of eligible institution In this section, the term eligible institution means any of the following: (1) An institution eligible to receive funding under section 316, 317(b), or 319(b). (2) A consortium of 2 or more institutions described in paragraph (1). (c) Grant program authorized (1) In general The Secretary shall establish a program, to be known as the Native American Language Teacher Training Program, under which the Secretary shall provide grants, on a competitive basis, to eligible institutions to promote the recruitment and training of Native immersion and language teachers to further support the revitalization, maintenance, and use of Native American languages in the classroom. (2) Duration A grant under paragraph (1) shall be for a period of not more than 5 years. (3) Application (A) In general To be eligible to receive a grant under this subsection, an eligible institution shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may reasonably require. (B) Application paperwork reduction (i) The Secretary shall establish application requirements in such a manner as to simplify and streamline the process for applying for grants under this section. (ii) The Secretary shall not require any Tribal College or University, as defined in section 316, applying individually for a grant under this section, to submit any separate, preliminary, or additional grant eligibility application or information because of the institution's status as a Tribal College or University. (C) Inclusion An application under this paragraph shall include a plan for the program proposed to be carried out by the eligible institution, including— (i) a description of a 5-year strategy for meeting the Native immersion teacher recruitment and training needs of American Indians or Alaska Natives, as appropriate, in the population served by the institution, including a description of any partnerships with tribal, local, or Bureau-operated educational agencies; (ii) an identification of the American Indian or Alaska Native population to be served by the eligible institution; (iii) an identification of the status of the target Native American language or languages used within the population; (iv) a description of the professional development and degree services to be provided under the program, including the manner in which the services will be integrated with other appropriate activities and programs; and (v) a description, to be prepared in consultation with the Secretary, of the performance measures to be used to assess the performance of the eligible institution carrying out the program. (D) Requirement A program plan under subparagraph (C) shall be consistent with the purposes of this section, as determined by the Secretary. (d) Use of funds (1) Required activities A grantee shall use grant funds provided under this section to carry out the following activities: (A) Development of a new Native American immersion and language teacher training program that leads to State or tribal teacher certification. (B) Support and expansion of an existing Native American immersion and language teacher training program that leads to a State or tribal teacher certification. (C) Development and delivery of professional development workshops and courses aimed at improving the immersion and language acquisition pedagogical practices of Native American immersion and language teachers. (2) Allowable activities A grantee may use grant funds provided under this section to carry out additional activities, including— (A) curriculum development and academic instruction, including educational activities, programs, and partnerships relating to students in prekindergarten through grade 12; (B) development and establishment of a national Native American immersion and language teacher best practices guideline or certification; (C) professional development for institutional faculty or for elementary and secondary education administrators and educational support staff; and (D) innovative Native American language and immersion program classroom research for students in prekindergarten through grade 12. (e) Concurrent funding An eligible institution that receives a grant under this section may concurrently receive funds under section 316, 317, or 319. (f) Authorization of appropriations There is authorized to be appropriated to carry out this section such sums as may be necessary for each of fiscal years 2024 through 2028.
70,117
[ "Education and the Workforce Committee" ]
118hr6413ih
118
hr
6,413
ih
To amend the Farm Security and Rural Investment Act of 2002 to improve biorefinery, renewable chemical, and biobased product manufacturing assistance, and for other purposes.
[ { "text": "1. Short title \nThis Act may be cited as the Agricultural Biorefinery Innovation and Opportunity Act of 2023.", "id": "HBC9AA9B87B964A798DD9F7FFAC5A0301", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Biorefinery, renewable chemical, and biobased product manufacturing assistance \nSection 9003 of the Farm Security and Rural Investment Act of 2002 ( 7 U.S.C. 8103 ) is amended— (1) in subsection (a), in the matter preceding paragraph (1), by striking to assist and inserting to develop advanced biofuels (which, for purposes of this section, shall include ultra-low-carbon bioethanol and zero-carbon bioethanol), renewable chemicals, and biobased product manufacturing and assist ; (2) in subsection (b)(1)— (A) by striking technologically new ; and (B) by striking end-user products and inserting end-user products, renewable chemicals, and biobased products ; (3) in subsection (c)— (A) by striking The Secretary shall make available to eligible entities guarantees and inserting the following: Subject to the availability of funding, the Secretary shall make available to eligible entities— (1) on a year-round basis, guarantees ; (B) in paragraph (1) (as so designated), by striking the period at the end and inserting , in accordance with subsection (d); and ; and (C) by adding at the end the following: (2) grants, on a competitive basis, to develop, construct, or retrofit pilot or demonstration-scale biorefineries to demonstrate the commercial viability of 1 or more processes for converting renewable biomass to advanced biofuels, renewable chemicals, and biobased products in accordance with subsection (e). ; (4) in subsection (d)(1)— (A) by striking subparagraphs (A) and (C); (B) by redesignating subparagraphs (B) and (D) as subparagraphs (A) and (B), respectively; (C) in subparagraph (A) (as so redesignated)— (i) by striking In approving a loan guarantee application and inserting the following: (i) In general \nIn approving an application for a loan guarantee under subsection (c)(1) ; and (ii) by adding at the end the following: (ii) Waiver \nThe Secretary may waive the feasibility study under clause (i) for proven or otherwise commercially available technologies. ; and (D) in subparagraph (B) (as so redesignated), by striking loan guarantee applications and inserting applications for loan guarantees under subsection (c)(1) ; (5) by redesignating subsection (e) as subsection (k); (6) by inserting after subsection (d) the following: (e) Grants \n(1) Selection criteria \n(A) In general \nIn approving applications for grants under subsection (c)(2), the Secretary shall establish a priority scoring system that assigns priority scores to each application and only approve applications that exceed a specified minimum score, as determined by the Secretary. (B) Feasibility \n(i) In general \nIn approving an application for a grant under subsection (c)(2), the Secretary shall determine the technical and economic feasibility of the project based on a feasibility study of the project described in the application conducted by an independent third party. (ii) Waiver \nThe Secretary may waive the feasibility study under clause (i) for proven or otherwise commercially available technologies. (C) Scoring system \nThe priority scoring system established under subparagraph (A) shall consider, with respect to a project proposed in an application for a grant under subsection (c)(2)— (i) the potential market for the advanced biofuel, renewable chemical, or biobased product, and the byproducts produced under the project; (ii) the level of financial participation by the eligible entity, including support from non-Federal and private sources; (iii) whether the eligible entity is proposing to use— (I) a feedstock not previously used in the production of advanced biofuels; or (II) a feedstock, process, or technology in an innovative manner in the production of renewable chemicals or biobased products; (iv) whether the eligible entity is proposing to work with producer associations or cooperatives; (v) whether the eligible entity has established that the adoption of the process proposed in the application will have a positive impact on resource conservation, public health, and the environment; (vi) the potential for rural economic development; (vii) whether the project can be replicated; (viii) scalability for commercial use; and (ix) in the case of an advanced biofuels project, the contribution of the project to domestic energy security. (2) Cost sharing \n(A) Limits \nThe amount of a grant awarded under subsection (c)(2) shall not exceed an amount that is 60 percent of the cost of the project carried out using the grant. (B) Non-Federal share \nThe non-Federal share of the cost of a project may be provided in the form of cash or material, subject to the condition that the material provided does not exceed 30 percent of the non-Federal share. ; (7) in subsection (g)— (A) in paragraph (1)— (i) in subparagraph (A)— (I) in the matter preceding clause (i), by inserting and grants after loan guarantees ; (II) in clause (iii), by striking and at the end; (III) in clause (iv), by striking the period at the end and inserting ; and ; and (IV) by adding at the end the following: (v) $100,000,000 for each of fiscal years 2024 through 2028. ; and (ii) in subparagraph (B), by striking Of the total and all that follows through subparagraph (A) and inserting Of the total amount of funds made available for each of fiscal years 2024 through 2028 under subparagraph (A) ; and (B) in paragraph (2), by striking 2023 and inserting 2028 ; (8) in subsection (h)(1), by striking subsections (a) through (e), and (g) and inserting subsections (a) through (e), (g), and (k) ; (9) in subsection (i)(1), by striking subsections (a) through (e) and subsection (g) and inserting subsections (a) through (e), (g), and (k) ; and (10) in subsection (j)(1), by striking subsections (a) through (e) and (g) and inserting subsections (a) through (e), (g), and (k).", "id": "HD1FF9ED98645421A9C80B6D140651689", "header": "Biorefinery, renewable chemical, and biobased product manufacturing assistance", "nested": [], "links": [ { "text": "7 U.S.C. 8103", "legal-doc": "usc", "parsable-cite": "usc/7/8103" } ] } ]
2
1. Short title This Act may be cited as the Agricultural Biorefinery Innovation and Opportunity Act of 2023. 2. Biorefinery, renewable chemical, and biobased product manufacturing assistance Section 9003 of the Farm Security and Rural Investment Act of 2002 ( 7 U.S.C. 8103 ) is amended— (1) in subsection (a), in the matter preceding paragraph (1), by striking to assist and inserting to develop advanced biofuels (which, for purposes of this section, shall include ultra-low-carbon bioethanol and zero-carbon bioethanol), renewable chemicals, and biobased product manufacturing and assist ; (2) in subsection (b)(1)— (A) by striking technologically new ; and (B) by striking end-user products and inserting end-user products, renewable chemicals, and biobased products ; (3) in subsection (c)— (A) by striking The Secretary shall make available to eligible entities guarantees and inserting the following: Subject to the availability of funding, the Secretary shall make available to eligible entities— (1) on a year-round basis, guarantees ; (B) in paragraph (1) (as so designated), by striking the period at the end and inserting , in accordance with subsection (d); and ; and (C) by adding at the end the following: (2) grants, on a competitive basis, to develop, construct, or retrofit pilot or demonstration-scale biorefineries to demonstrate the commercial viability of 1 or more processes for converting renewable biomass to advanced biofuels, renewable chemicals, and biobased products in accordance with subsection (e). ; (4) in subsection (d)(1)— (A) by striking subparagraphs (A) and (C); (B) by redesignating subparagraphs (B) and (D) as subparagraphs (A) and (B), respectively; (C) in subparagraph (A) (as so redesignated)— (i) by striking In approving a loan guarantee application and inserting the following: (i) In general In approving an application for a loan guarantee under subsection (c)(1) ; and (ii) by adding at the end the following: (ii) Waiver The Secretary may waive the feasibility study under clause (i) for proven or otherwise commercially available technologies. ; and (D) in subparagraph (B) (as so redesignated), by striking loan guarantee applications and inserting applications for loan guarantees under subsection (c)(1) ; (5) by redesignating subsection (e) as subsection (k); (6) by inserting after subsection (d) the following: (e) Grants (1) Selection criteria (A) In general In approving applications for grants under subsection (c)(2), the Secretary shall establish a priority scoring system that assigns priority scores to each application and only approve applications that exceed a specified minimum score, as determined by the Secretary. (B) Feasibility (i) In general In approving an application for a grant under subsection (c)(2), the Secretary shall determine the technical and economic feasibility of the project based on a feasibility study of the project described in the application conducted by an independent third party. (ii) Waiver The Secretary may waive the feasibility study under clause (i) for proven or otherwise commercially available technologies. (C) Scoring system The priority scoring system established under subparagraph (A) shall consider, with respect to a project proposed in an application for a grant under subsection (c)(2)— (i) the potential market for the advanced biofuel, renewable chemical, or biobased product, and the byproducts produced under the project; (ii) the level of financial participation by the eligible entity, including support from non-Federal and private sources; (iii) whether the eligible entity is proposing to use— (I) a feedstock not previously used in the production of advanced biofuels; or (II) a feedstock, process, or technology in an innovative manner in the production of renewable chemicals or biobased products; (iv) whether the eligible entity is proposing to work with producer associations or cooperatives; (v) whether the eligible entity has established that the adoption of the process proposed in the application will have a positive impact on resource conservation, public health, and the environment; (vi) the potential for rural economic development; (vii) whether the project can be replicated; (viii) scalability for commercial use; and (ix) in the case of an advanced biofuels project, the contribution of the project to domestic energy security. (2) Cost sharing (A) Limits The amount of a grant awarded under subsection (c)(2) shall not exceed an amount that is 60 percent of the cost of the project carried out using the grant. (B) Non-Federal share The non-Federal share of the cost of a project may be provided in the form of cash or material, subject to the condition that the material provided does not exceed 30 percent of the non-Federal share. ; (7) in subsection (g)— (A) in paragraph (1)— (i) in subparagraph (A)— (I) in the matter preceding clause (i), by inserting and grants after loan guarantees ; (II) in clause (iii), by striking and at the end; (III) in clause (iv), by striking the period at the end and inserting ; and ; and (IV) by adding at the end the following: (v) $100,000,000 for each of fiscal years 2024 through 2028. ; and (ii) in subparagraph (B), by striking Of the total and all that follows through subparagraph (A) and inserting Of the total amount of funds made available for each of fiscal years 2024 through 2028 under subparagraph (A) ; and (B) in paragraph (2), by striking 2023 and inserting 2028 ; (8) in subsection (h)(1), by striking subsections (a) through (e), and (g) and inserting subsections (a) through (e), (g), and (k) ; (9) in subsection (i)(1), by striking subsections (a) through (e) and subsection (g) and inserting subsections (a) through (e), (g), and (k) ; and (10) in subsection (j)(1), by striking subsections (a) through (e) and (g) and inserting subsections (a) through (e), (g), and (k).
5,894
[ "Agriculture Committee" ]
118hr375ih
118
hr
375
ih
To amend title 49, United States Code, with respect to air cargo in Puerto Rico, and for other purposes.
[ { "text": "1. Short title \nThis Act may be cited as the Puerto Rico Air Cargo Industry Empowerment Act.", "id": "HD11F33F087EE4DD6B74968FD038E0B4B", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Cargo in Alaska or Puerto Rico \nSection 41703(e) of title 49, United States Code, is amended— (1) in the subsection heading by inserting or Puerto Rico after Alaska ; and (2) by inserting or Puerto Rico after Alaska each place it appears.", "id": "H6CBB30E8B5674914BDAACA8842A162DA", "header": "Cargo in Alaska or Puerto Rico", "nested": [], "links": [] } ]
2
1. Short title This Act may be cited as the Puerto Rico Air Cargo Industry Empowerment Act. 2. Cargo in Alaska or Puerto Rico Section 41703(e) of title 49, United States Code, is amended— (1) in the subsection heading by inserting or Puerto Rico after Alaska ; and (2) by inserting or Puerto Rico after Alaska each place it appears.
334
[ "Transportation and Infrastructure Committee" ]
118hr4917ih
118
hr
4,917
ih
To amend title XVIII of the Social Security Act to provide no-cost coverage for PFAS testing under the Medicare program.
[ { "text": "1. Short title \nThis Act may be cited as the Expanding Seniors’ Access to PFAS Testing Act.", "id": "H7E59AE1D93274FD0ACF4E85BDEEFC650", "header": "Short title", "nested": [], "links": [] }, { "text": "2. No-cost coverage for PFAS testing under Medicare \n(a) In general \nSection 1861 of the Social Security Act ( 42 U.S.C. 1395x ) is amended— (1) in subsection (ww)(2)— (A) by moving the margin of subparagraph (N) 2 ems to the left; (B) by redesignating subparagraph (O) as subparagraph (P); and (C) by inserting after subparagraph (N) the following new subparagraph: (O) PFAS testing (as defined in subsection (nnn)). ; and (2) by adding at the end the following new subsection: (nnn) PFAS testing \nThe term PFAS testing means a blood test ordered by a physician to determine the concentration of perfluoroalkyl and polyfluoroalkyl substances.. (b) Application of no cost-Sharing \nSection 1833(a)(1) of the Social Security Act ( 42 U.S.C. 1395l(a)(1) ) is amended— (1) in subparagraph (Y), by inserting “(other than PFAS testing (as defined in section 1861(nnn)) furnished on or after January 1, 2024)” after “in the case of such services described in subparagraph (A)”; (2) in subparagraph (GG), by striking and at the end; and (3) by inserting , and (II) with respect to PFAS testing (as defined in section 1861(nnn)) performed on or after January 1, 2024, the amounts paid shall be 100 percent of the lesser of the actual charges for testing or the amount determined under the fee schedule that applies to the screening and preventive services described in section 1861(ww)(2) before the semicolon at the end.", "id": "H7227BE95742740FF92E1758354BF5B57", "header": "No-cost coverage for PFAS testing under Medicare", "nested": [ { "text": "(a) In general \nSection 1861 of the Social Security Act ( 42 U.S.C. 1395x ) is amended— (1) in subsection (ww)(2)— (A) by moving the margin of subparagraph (N) 2 ems to the left; (B) by redesignating subparagraph (O) as subparagraph (P); and (C) by inserting after subparagraph (N) the following new subparagraph: (O) PFAS testing (as defined in subsection (nnn)). ; and (2) by adding at the end the following new subsection: (nnn) PFAS testing \nThe term PFAS testing means a blood test ordered by a physician to determine the concentration of perfluoroalkyl and polyfluoroalkyl substances..", "id": "H42443FFD284E4B2BBF9FCC484B27E139", "header": "In general", "nested": [], "links": [ { "text": "42 U.S.C. 1395x", "legal-doc": "usc", "parsable-cite": "usc/42/1395x" } ] }, { "text": "(b) Application of no cost-Sharing \nSection 1833(a)(1) of the Social Security Act ( 42 U.S.C. 1395l(a)(1) ) is amended— (1) in subparagraph (Y), by inserting “(other than PFAS testing (as defined in section 1861(nnn)) furnished on or after January 1, 2024)” after “in the case of such services described in subparagraph (A)”; (2) in subparagraph (GG), by striking and at the end; and (3) by inserting , and (II) with respect to PFAS testing (as defined in section 1861(nnn)) performed on or after January 1, 2024, the amounts paid shall be 100 percent of the lesser of the actual charges for testing or the amount determined under the fee schedule that applies to the screening and preventive services described in section 1861(ww)(2) before the semicolon at the end.", "id": "H3ACE08C5443847F5868E1301A922FCEC", "header": "Application of no cost-Sharing", "nested": [], "links": [ { "text": "42 U.S.C. 1395l(a)(1)", "legal-doc": "usc", "parsable-cite": "usc/42/1395l" } ] } ], "links": [ { "text": "42 U.S.C. 1395x", "legal-doc": "usc", "parsable-cite": "usc/42/1395x" }, { "text": "42 U.S.C. 1395l(a)(1)", "legal-doc": "usc", "parsable-cite": "usc/42/1395l" } ] } ]
2
1. Short title This Act may be cited as the Expanding Seniors’ Access to PFAS Testing Act. 2. No-cost coverage for PFAS testing under Medicare (a) In general Section 1861 of the Social Security Act ( 42 U.S.C. 1395x ) is amended— (1) in subsection (ww)(2)— (A) by moving the margin of subparagraph (N) 2 ems to the left; (B) by redesignating subparagraph (O) as subparagraph (P); and (C) by inserting after subparagraph (N) the following new subparagraph: (O) PFAS testing (as defined in subsection (nnn)). ; and (2) by adding at the end the following new subsection: (nnn) PFAS testing The term PFAS testing means a blood test ordered by a physician to determine the concentration of perfluoroalkyl and polyfluoroalkyl substances.. (b) Application of no cost-Sharing Section 1833(a)(1) of the Social Security Act ( 42 U.S.C. 1395l(a)(1) ) is amended— (1) in subparagraph (Y), by inserting “(other than PFAS testing (as defined in section 1861(nnn)) furnished on or after January 1, 2024)” after “in the case of such services described in subparagraph (A)”; (2) in subparagraph (GG), by striking and at the end; and (3) by inserting , and (II) with respect to PFAS testing (as defined in section 1861(nnn)) performed on or after January 1, 2024, the amounts paid shall be 100 percent of the lesser of the actual charges for testing or the amount determined under the fee schedule that applies to the screening and preventive services described in section 1861(ww)(2) before the semicolon at the end.
1,504
[ "Energy and Commerce Committee", "Ways and Means Committee" ]
118hr4449ih
118
hr
4,449
ih
To establish the Commission on Strengthening the Domestic Pharmaceutical Supply Chain, and for other purposes.
[ { "text": "1. Short title \nThis Act may be cited as the Pharmaceutical Security Production Act.", "id": "H84A95BBB12E04429A03435A9208212B0", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Commission on Strengthening the Domestic Pharmaceutical Supply Chain \n(a) Establishment \nThere is established a commission to be known as the Commission on Strengthening the Domestic Pharmaceutical Supply Chain (in this section referred to as the Commission ) to assess the current security and vulnerabilities of the United States pharmaceutical supply chain. (b) Duties \nThe duties of the Commission are the following: (1) Determine concrete timelines and metrics for success for the Pharmaceutical Manufacturing in America program of the Biomedical Advanced Research and Development Authority to produce advanced pharmaceutical ingredients for medicines included in the essential medicines list. (2) Evaluate and identify vulnerabilities in the existing United States pharmaceutical supply chain that could be exploited by foreign adversaries and nonstate actors. (3) Review and propose solutions to strengthen the domestic pharmaceutical manufacturing workforce to support increased production of advanced pharmaceutical ingredients and finished drugs. (4) Assess how Federal health care programs (as defined in section 1128B(f) of the Social Security Act (42 U.S.C. 1320a–7b(f))), the program established under chapter 89 of title 5, United States Code, and provider facilities can be used to create a viable financial market for domestically made advanced pharmaceutical ingredients and finished drug products. (5) Review the successes and failures of Operation Warp Speed and determine if any best practices for public-private partnerships can be used to bolster domestic manufacturing of advanced pharmaceutical ingredients and finished drug products. (6) Estimate the Federal funding necessary to catalyze and strengthen domestic pharmaceutical manufacturing. (7) Identify facilities throughout the United States that can be repurposed to produce advanced pharmaceutical ingredients, especially advanced pharmaceutical ingredients listed on the essential medicines list. (8) Identify partner countries where advanced pharmaceutical ingredients and finished drug products could be manufactured to reduce dependence on China and other countries. (9) Provide recommendations on legislative and regulatory actions that can be taken to address vulnerabilities in the United States pharmaceutical supply chain and increase the number of manufacturers of advanced pharmaceutical ingredients and finished drug products in the United States. (10) Identify and propose steps that can be taken to increase coordination among different Federal and State programs to increase manufacturing of domestic advanced pharmaceutical ingredients and finished drug products. (c) Membership \n(1) In general \nThe Commission shall be composed of at least 6 but not more than 11 members as follows: (A) The National Security Advisor, who shall serve as co-chair. (B) The White House Domestic Policy Council, who shall serve as co-chair. (C) The Secretary of Health and Human Services. (D) The Secretary of Defense. (E) The Secretary of State. (F) The Secretary of Commerce. (G) Not more than 5 members as may be appointed by joint action of the co-chairs of the Commission, from among the employees and officers of appropriate Federal departments and agencies. (2) Terms \nEach member shall be appointed for the life of the Commission. (3) Quorum \nA majority of the Commission shall constitute a quorum but a lesser number may hold hearings. (d) Powers of Commission \nThe Commission may, for the purpose of carrying out this Act, hold hearings, sit and act at times and places, take testimony, and receive evidence as the Commission considers appropriate. (e) Reports \n(1) In general \nNot later than 1 year after the date of enactment of this Act, and annually thereafter until the date of the termination of the Commission under subsection (f), the Commission shall submit to Congress a report detailing the findings, conclusions, and recommendations of the Commission in fulfilling its duties under subsection (b). (2) Form of reports \nThe reports described in paragraph (1) shall be submitted in unclassified form but may include a classified annex. (f) Termination \nThe Commission shall terminate on the date that is 4 years after the date of enactment of this Act. (g) Essential medicines list defined \nIn this section, the term essential medicines list means the list of the Food and Drug Administration described in section 3(c) of Executive Order 13944.", "id": "H0262C8428A3A4E3F87F963111D968078", "header": "Commission on Strengthening the Domestic Pharmaceutical Supply Chain", "nested": [ { "text": "(a) Establishment \nThere is established a commission to be known as the Commission on Strengthening the Domestic Pharmaceutical Supply Chain (in this section referred to as the Commission ) to assess the current security and vulnerabilities of the United States pharmaceutical supply chain.", "id": "H4C39557915064F0BB6BB424A3B866893", "header": "Establishment", "nested": [], "links": [] }, { "text": "(b) Duties \nThe duties of the Commission are the following: (1) Determine concrete timelines and metrics for success for the Pharmaceutical Manufacturing in America program of the Biomedical Advanced Research and Development Authority to produce advanced pharmaceutical ingredients for medicines included in the essential medicines list. (2) Evaluate and identify vulnerabilities in the existing United States pharmaceutical supply chain that could be exploited by foreign adversaries and nonstate actors. (3) Review and propose solutions to strengthen the domestic pharmaceutical manufacturing workforce to support increased production of advanced pharmaceutical ingredients and finished drugs. (4) Assess how Federal health care programs (as defined in section 1128B(f) of the Social Security Act (42 U.S.C. 1320a–7b(f))), the program established under chapter 89 of title 5, United States Code, and provider facilities can be used to create a viable financial market for domestically made advanced pharmaceutical ingredients and finished drug products. (5) Review the successes and failures of Operation Warp Speed and determine if any best practices for public-private partnerships can be used to bolster domestic manufacturing of advanced pharmaceutical ingredients and finished drug products. (6) Estimate the Federal funding necessary to catalyze and strengthen domestic pharmaceutical manufacturing. (7) Identify facilities throughout the United States that can be repurposed to produce advanced pharmaceutical ingredients, especially advanced pharmaceutical ingredients listed on the essential medicines list. (8) Identify partner countries where advanced pharmaceutical ingredients and finished drug products could be manufactured to reduce dependence on China and other countries. (9) Provide recommendations on legislative and regulatory actions that can be taken to address vulnerabilities in the United States pharmaceutical supply chain and increase the number of manufacturers of advanced pharmaceutical ingredients and finished drug products in the United States. (10) Identify and propose steps that can be taken to increase coordination among different Federal and State programs to increase manufacturing of domestic advanced pharmaceutical ingredients and finished drug products.", "id": "H653F0AA035474B5484D9FA290BD93383", "header": "Duties", "nested": [], "links": [ { "text": "chapter 89", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/5/89" } ] }, { "text": "(c) Membership \n(1) In general \nThe Commission shall be composed of at least 6 but not more than 11 members as follows: (A) The National Security Advisor, who shall serve as co-chair. (B) The White House Domestic Policy Council, who shall serve as co-chair. (C) The Secretary of Health and Human Services. (D) The Secretary of Defense. (E) The Secretary of State. (F) The Secretary of Commerce. (G) Not more than 5 members as may be appointed by joint action of the co-chairs of the Commission, from among the employees and officers of appropriate Federal departments and agencies. (2) Terms \nEach member shall be appointed for the life of the Commission. (3) Quorum \nA majority of the Commission shall constitute a quorum but a lesser number may hold hearings.", "id": "HDD45B4D66F3E43CEA8ED0AC4A8F7BEDC", "header": "Membership", "nested": [], "links": [] }, { "text": "(d) Powers of Commission \nThe Commission may, for the purpose of carrying out this Act, hold hearings, sit and act at times and places, take testimony, and receive evidence as the Commission considers appropriate.", "id": "H3A9B12C782714F3690081BC8731CE080", "header": "Powers of Commission", "nested": [], "links": [] }, { "text": "(e) Reports \n(1) In general \nNot later than 1 year after the date of enactment of this Act, and annually thereafter until the date of the termination of the Commission under subsection (f), the Commission shall submit to Congress a report detailing the findings, conclusions, and recommendations of the Commission in fulfilling its duties under subsection (b). (2) Form of reports \nThe reports described in paragraph (1) shall be submitted in unclassified form but may include a classified annex.", "id": "HC6BF3EF391C746CDA738EA0AB8E68C7B", "header": "Reports", "nested": [], "links": [] }, { "text": "(f) Termination \nThe Commission shall terminate on the date that is 4 years after the date of enactment of this Act.", "id": "HC8E8D282A27B49F0B521211002F7EFD6", "header": "Termination", "nested": [], "links": [] }, { "text": "(g) Essential medicines list defined \nIn this section, the term essential medicines list means the list of the Food and Drug Administration described in section 3(c) of Executive Order 13944.", "id": "H8E029DF606D647F7A791F52C7C03CA04", "header": "Essential medicines list defined", "nested": [], "links": [] } ], "links": [ { "text": "chapter 89", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/5/89" } ] } ]
2
1. Short title This Act may be cited as the Pharmaceutical Security Production Act. 2. Commission on Strengthening the Domestic Pharmaceutical Supply Chain (a) Establishment There is established a commission to be known as the Commission on Strengthening the Domestic Pharmaceutical Supply Chain (in this section referred to as the Commission ) to assess the current security and vulnerabilities of the United States pharmaceutical supply chain. (b) Duties The duties of the Commission are the following: (1) Determine concrete timelines and metrics for success for the Pharmaceutical Manufacturing in America program of the Biomedical Advanced Research and Development Authority to produce advanced pharmaceutical ingredients for medicines included in the essential medicines list. (2) Evaluate and identify vulnerabilities in the existing United States pharmaceutical supply chain that could be exploited by foreign adversaries and nonstate actors. (3) Review and propose solutions to strengthen the domestic pharmaceutical manufacturing workforce to support increased production of advanced pharmaceutical ingredients and finished drugs. (4) Assess how Federal health care programs (as defined in section 1128B(f) of the Social Security Act (42 U.S.C. 1320a–7b(f))), the program established under chapter 89 of title 5, United States Code, and provider facilities can be used to create a viable financial market for domestically made advanced pharmaceutical ingredients and finished drug products. (5) Review the successes and failures of Operation Warp Speed and determine if any best practices for public-private partnerships can be used to bolster domestic manufacturing of advanced pharmaceutical ingredients and finished drug products. (6) Estimate the Federal funding necessary to catalyze and strengthen domestic pharmaceutical manufacturing. (7) Identify facilities throughout the United States that can be repurposed to produce advanced pharmaceutical ingredients, especially advanced pharmaceutical ingredients listed on the essential medicines list. (8) Identify partner countries where advanced pharmaceutical ingredients and finished drug products could be manufactured to reduce dependence on China and other countries. (9) Provide recommendations on legislative and regulatory actions that can be taken to address vulnerabilities in the United States pharmaceutical supply chain and increase the number of manufacturers of advanced pharmaceutical ingredients and finished drug products in the United States. (10) Identify and propose steps that can be taken to increase coordination among different Federal and State programs to increase manufacturing of domestic advanced pharmaceutical ingredients and finished drug products. (c) Membership (1) In general The Commission shall be composed of at least 6 but not more than 11 members as follows: (A) The National Security Advisor, who shall serve as co-chair. (B) The White House Domestic Policy Council, who shall serve as co-chair. (C) The Secretary of Health and Human Services. (D) The Secretary of Defense. (E) The Secretary of State. (F) The Secretary of Commerce. (G) Not more than 5 members as may be appointed by joint action of the co-chairs of the Commission, from among the employees and officers of appropriate Federal departments and agencies. (2) Terms Each member shall be appointed for the life of the Commission. (3) Quorum A majority of the Commission shall constitute a quorum but a lesser number may hold hearings. (d) Powers of Commission The Commission may, for the purpose of carrying out this Act, hold hearings, sit and act at times and places, take testimony, and receive evidence as the Commission considers appropriate. (e) Reports (1) In general Not later than 1 year after the date of enactment of this Act, and annually thereafter until the date of the termination of the Commission under subsection (f), the Commission shall submit to Congress a report detailing the findings, conclusions, and recommendations of the Commission in fulfilling its duties under subsection (b). (2) Form of reports The reports described in paragraph (1) shall be submitted in unclassified form but may include a classified annex. (f) Termination The Commission shall terminate on the date that is 4 years after the date of enactment of this Act. (g) Essential medicines list defined In this section, the term essential medicines list means the list of the Food and Drug Administration described in section 3(c) of Executive Order 13944.
4,531
[ "Energy and Commerce Committee" ]
118hr7551ih
118
hr
7,551
ih
To prohibit any Federal law from making the manufacturer of a COVID–19 vaccine immune from suit or liability, or limiting the liability of such a manufacturer, with respect to claims for loss caused by, arising out of, relating to, or resulting from the administration to or the use by an individual of a COVID–19 vaccine, and for other purposes.
[ { "text": "1. Short title \nThis Act may be cited as the Let Injured Americans Be Legally Empowered Act or the LIABLE Act.", "id": "H0CC28B3F2B214E0E9A244BFC984B6441", "header": "Short title", "nested": [], "links": [] }, { "text": "2. No Federal immunity from, or limitation on, liability for manufacturers for loss caused by a COVID–19 vaccine \n(a) In general \nNo Federal law, including sections 319F–3, 2111, and 2122 of the Public Health Service Act (42 U.S.C. 247d–6d, 300aa–11, 300aa–22), may make the manufacturer of a COVID–19 vaccine immune from suit or liability, or limit the liability of such a manufacturer, with respect to claims for loss caused by, arising out of, relating to, or resulting from the administration to or the use by an individual of a COVID–19 vaccine. (b) Rule of construction \nNothing in this Act shall be construed to prohibit an individual from seeking compensation through the Countermeasures Injury Compensation Program under section 319F–4 of the Public Health Service Act ( 42 U.S.C. 247d–6e ) or the National Vaccine Injury Compensation Program under subtitle 2 of title XXI of such Act ( 42 U.S.C. 300aa–10 et seq. ). (c) Relation to other programs \nAn individual shall not be precluded from bringing a civil action for claims described in subsection (a) on the basis of such individual having sought or received compensation through the Countermeasures Injury Compensation Program under section 319F–4 of the Public Health Service Act ( 42 U.S.C. 247d–6e ) or the National Vaccine Injury Compensation Program under subtitle 2 of title XXI of such Act ( 42 U.S.C. 300aa–10 et seq. ). (d) Definition \nThe term COVID–19 vaccine means a vaccine licensed or otherwise authorized by the Food and Drug Administration to prevent, mitigate, or limit— (1) the harm from COVID–19; or (2) the transmission of SARS–CoV–2 or a virus mutating therefrom. (e) Retroactive applicability \nThis Act applies without regard to whether the adminstration or use of a COVID–19 vaccine occurs before, on, or after the date of enactment of this Act.", "id": "H1353F4D472D94EAFA5385FBC5921F680", "header": "No Federal immunity from, or limitation on, liability for manufacturers for loss caused by a COVID–19 vaccine", "nested": [ { "text": "(a) In general \nNo Federal law, including sections 319F–3, 2111, and 2122 of the Public Health Service Act (42 U.S.C. 247d–6d, 300aa–11, 300aa–22), may make the manufacturer of a COVID–19 vaccine immune from suit or liability, or limit the liability of such a manufacturer, with respect to claims for loss caused by, arising out of, relating to, or resulting from the administration to or the use by an individual of a COVID–19 vaccine.", "id": "H2751B73E006A45D1BDA2B013D8A94F58", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Rule of construction \nNothing in this Act shall be construed to prohibit an individual from seeking compensation through the Countermeasures Injury Compensation Program under section 319F–4 of the Public Health Service Act ( 42 U.S.C. 247d–6e ) or the National Vaccine Injury Compensation Program under subtitle 2 of title XXI of such Act ( 42 U.S.C. 300aa–10 et seq. ).", "id": "HEA897C75186F4FBA99110C3701C94C62", "header": "Rule of construction", "nested": [], "links": [ { "text": "42 U.S.C. 247d–6e", "legal-doc": "usc", "parsable-cite": "usc/42/247d-6e" }, { "text": "42 U.S.C. 300aa–10 et seq.", "legal-doc": "usc", "parsable-cite": "usc/42/300aa-10" } ] }, { "text": "(c) Relation to other programs \nAn individual shall not be precluded from bringing a civil action for claims described in subsection (a) on the basis of such individual having sought or received compensation through the Countermeasures Injury Compensation Program under section 319F–4 of the Public Health Service Act ( 42 U.S.C. 247d–6e ) or the National Vaccine Injury Compensation Program under subtitle 2 of title XXI of such Act ( 42 U.S.C. 300aa–10 et seq. ).", "id": "H0280FA5D1E0C4F3488B5372056E14817", "header": "Relation to other programs", "nested": [], "links": [ { "text": "42 U.S.C. 247d–6e", "legal-doc": "usc", "parsable-cite": "usc/42/247d-6e" }, { "text": "42 U.S.C. 300aa–10 et seq.", "legal-doc": "usc", "parsable-cite": "usc/42/300aa-10" } ] }, { "text": "(d) Definition \nThe term COVID–19 vaccine means a vaccine licensed or otherwise authorized by the Food and Drug Administration to prevent, mitigate, or limit— (1) the harm from COVID–19; or (2) the transmission of SARS–CoV–2 or a virus mutating therefrom.", "id": "HBBA62B9669F44CCDB0B410352680EF4B", "header": "Definition", "nested": [], "links": [] }, { "text": "(e) Retroactive applicability \nThis Act applies without regard to whether the adminstration or use of a COVID–19 vaccine occurs before, on, or after the date of enactment of this Act.", "id": "HCBBDB8E7CFA34887BF930BBD2C34FFA0", "header": "Retroactive applicability", "nested": [], "links": [] } ], "links": [ { "text": "42 U.S.C. 247d–6e", "legal-doc": "usc", "parsable-cite": "usc/42/247d-6e" }, { "text": "42 U.S.C. 300aa–10 et seq.", "legal-doc": "usc", "parsable-cite": "usc/42/300aa-10" }, { "text": "42 U.S.C. 247d–6e", "legal-doc": "usc", "parsable-cite": "usc/42/247d-6e" }, { "text": "42 U.S.C. 300aa–10 et seq.", "legal-doc": "usc", "parsable-cite": "usc/42/300aa-10" } ] } ]
2
1. Short title This Act may be cited as the Let Injured Americans Be Legally Empowered Act or the LIABLE Act. 2. No Federal immunity from, or limitation on, liability for manufacturers for loss caused by a COVID–19 vaccine (a) In general No Federal law, including sections 319F–3, 2111, and 2122 of the Public Health Service Act (42 U.S.C. 247d–6d, 300aa–11, 300aa–22), may make the manufacturer of a COVID–19 vaccine immune from suit or liability, or limit the liability of such a manufacturer, with respect to claims for loss caused by, arising out of, relating to, or resulting from the administration to or the use by an individual of a COVID–19 vaccine. (b) Rule of construction Nothing in this Act shall be construed to prohibit an individual from seeking compensation through the Countermeasures Injury Compensation Program under section 319F–4 of the Public Health Service Act ( 42 U.S.C. 247d–6e ) or the National Vaccine Injury Compensation Program under subtitle 2 of title XXI of such Act ( 42 U.S.C. 300aa–10 et seq. ). (c) Relation to other programs An individual shall not be precluded from bringing a civil action for claims described in subsection (a) on the basis of such individual having sought or received compensation through the Countermeasures Injury Compensation Program under section 319F–4 of the Public Health Service Act ( 42 U.S.C. 247d–6e ) or the National Vaccine Injury Compensation Program under subtitle 2 of title XXI of such Act ( 42 U.S.C. 300aa–10 et seq. ). (d) Definition The term COVID–19 vaccine means a vaccine licensed or otherwise authorized by the Food and Drug Administration to prevent, mitigate, or limit— (1) the harm from COVID–19; or (2) the transmission of SARS–CoV–2 or a virus mutating therefrom. (e) Retroactive applicability This Act applies without regard to whether the adminstration or use of a COVID–19 vaccine occurs before, on, or after the date of enactment of this Act.
1,942
[ "Judiciary Committee" ]
118hr4068ih
118
hr
4,068
ih
To prohibit the use of M–44 devices, commonly known as cyanide bombs, on public land, and for other purposes.
[ { "text": "1. Short title \nThis Act may be cited as Canyon’s Law.", "id": "HDBCB59EC77E24B63AF30C2B79FB39F88", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Findings \nCongress finds the following: (1) Sodium cyanide is the highly toxic pesticide active ingredient used in M–44 devices, also known as cyanide bombs , and is used to kill wolves, coyotes, foxes, and wild dogs suspected of preying on livestock and poultry. (2) Sodium cyanide is registered for restricted use under the Federal Insecticide, Fungicide, and Rodenticide Act ( 7 U.S.C. 136 et seq. ) as a Category One acute toxicant, the most hazardous Environmental Protection Agency classification available, due to the harm it poses to people and the environment. (3) Poisoning by sodium cyanide leads to central nervous system depression, cardiac arrest, respiratory failure, paralysis, and blindness. (4) The Environmental Protection Agency authorizes the use of M–44 devices nationwide, and in recent years, M–44s were used in Colorado, Idaho, North Dakota, Nebraska, New Mexico, Nevada, Oklahoma, Texas, Utah, Virginia, West Virginia, and Wyoming. (5) In 2017, an M–44 device exposed an Idaho child to a sublethal dose of sodium cyanide with subsequent short-term and long-term medical complications. Two Wyoming children were also exposed to the poison from another M–44 device. Three family dogs died in these two separate incidents. (6) The indiscriminate M–44 device commonly harms nontarget wildlife and people; at least 42 people have accidentally triggered a cyanide bomb causing exposure to cyanide gas and injuries since 1984. (7) M–44 devices kill targeted animals only 53 percent of the time. Thousands of nontarget species of animals have been killed by M–44s, including bald eagles, golden eagles, gray wolves, black bears, grizzly bears, bobcats, fishers, and family dogs. (8) Despite the United States Fish and Wildlife Service determining in 1993 that M–44 devices could kill endangered species like the California Condor, the use of the M–44 continues in areas where endangered species are found and continues to result in the deaths of endangered species.", "id": "H7552E2E5592342F48680304FCB38B6E2", "header": "Findings", "nested": [], "links": [ { "text": "7 U.S.C. 136 et seq.", "legal-doc": "usc", "parsable-cite": "usc/7/136" } ] }, { "text": "3. Use of M–44 devices on public land prohibited \n(a) In general \nPreparing, placing, installing, setting, deploying, or otherwise using an M–44 device on public land is prohibited. (b) Removal \nNot later than 30 days after the date of the enactment of this Act, any Federal, State, or county agency that has prepared, placed, installed, set, or deployed an M–44 device on public land shall remove each such M–44 device from public land. (c) Definitions \nIn this Act: (1) M–44 device \n(A) In general \nThe term M–44 device means a device designed to propel sodium cyanide when triggered by an animal. (B) Common names \nThe term M–44 device includes any device that may be commonly known as an M–44 ejector device or an M–44 predator control device. (2) Public land \nThe term public land means any Federal land under the administrative jurisdiction of a public land management agency. (3) Public land management agency \nThe term public land management agency means each of, or a combination of, the following: (A) The National Park Service. (B) The United States Fish and Wildlife Service. (C) The Bureau of Land Management. (D) The Bureau of Reclamation. (E) The Forest Service.", "id": "H898B177DB3D343DEB5CC0FB1ED798A68", "header": "Use of M–44 devices on public land prohibited", "nested": [ { "text": "(a) In general \nPreparing, placing, installing, setting, deploying, or otherwise using an M–44 device on public land is prohibited.", "id": "HE5FF3D28D8E94F11B09E9CF6EEF50038", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Removal \nNot later than 30 days after the date of the enactment of this Act, any Federal, State, or county agency that has prepared, placed, installed, set, or deployed an M–44 device on public land shall remove each such M–44 device from public land.", "id": "H2BFFCD67D95D48D6BA6C379E5CDDEB44", "header": "Removal", "nested": [], "links": [] }, { "text": "(c) Definitions \nIn this Act: (1) M–44 device \n(A) In general \nThe term M–44 device means a device designed to propel sodium cyanide when triggered by an animal. (B) Common names \nThe term M–44 device includes any device that may be commonly known as an M–44 ejector device or an M–44 predator control device. (2) Public land \nThe term public land means any Federal land under the administrative jurisdiction of a public land management agency. (3) Public land management agency \nThe term public land management agency means each of, or a combination of, the following: (A) The National Park Service. (B) The United States Fish and Wildlife Service. (C) The Bureau of Land Management. (D) The Bureau of Reclamation. (E) The Forest Service.", "id": "HFA74C8F350D44F1AA5792A5CF0878C18", "header": "Definitions", "nested": [], "links": [] } ], "links": [] } ]
3
1. Short title This Act may be cited as Canyon’s Law. 2. Findings Congress finds the following: (1) Sodium cyanide is the highly toxic pesticide active ingredient used in M–44 devices, also known as cyanide bombs , and is used to kill wolves, coyotes, foxes, and wild dogs suspected of preying on livestock and poultry. (2) Sodium cyanide is registered for restricted use under the Federal Insecticide, Fungicide, and Rodenticide Act ( 7 U.S.C. 136 et seq. ) as a Category One acute toxicant, the most hazardous Environmental Protection Agency classification available, due to the harm it poses to people and the environment. (3) Poisoning by sodium cyanide leads to central nervous system depression, cardiac arrest, respiratory failure, paralysis, and blindness. (4) The Environmental Protection Agency authorizes the use of M–44 devices nationwide, and in recent years, M–44s were used in Colorado, Idaho, North Dakota, Nebraska, New Mexico, Nevada, Oklahoma, Texas, Utah, Virginia, West Virginia, and Wyoming. (5) In 2017, an M–44 device exposed an Idaho child to a sublethal dose of sodium cyanide with subsequent short-term and long-term medical complications. Two Wyoming children were also exposed to the poison from another M–44 device. Three family dogs died in these two separate incidents. (6) The indiscriminate M–44 device commonly harms nontarget wildlife and people; at least 42 people have accidentally triggered a cyanide bomb causing exposure to cyanide gas and injuries since 1984. (7) M–44 devices kill targeted animals only 53 percent of the time. Thousands of nontarget species of animals have been killed by M–44s, including bald eagles, golden eagles, gray wolves, black bears, grizzly bears, bobcats, fishers, and family dogs. (8) Despite the United States Fish and Wildlife Service determining in 1993 that M–44 devices could kill endangered species like the California Condor, the use of the M–44 continues in areas where endangered species are found and continues to result in the deaths of endangered species. 3. Use of M–44 devices on public land prohibited (a) In general Preparing, placing, installing, setting, deploying, or otherwise using an M–44 device on public land is prohibited. (b) Removal Not later than 30 days after the date of the enactment of this Act, any Federal, State, or county agency that has prepared, placed, installed, set, or deployed an M–44 device on public land shall remove each such M–44 device from public land. (c) Definitions In this Act: (1) M–44 device (A) In general The term M–44 device means a device designed to propel sodium cyanide when triggered by an animal. (B) Common names The term M–44 device includes any device that may be commonly known as an M–44 ejector device or an M–44 predator control device. (2) Public land The term public land means any Federal land under the administrative jurisdiction of a public land management agency. (3) Public land management agency The term public land management agency means each of, or a combination of, the following: (A) The National Park Service. (B) The United States Fish and Wildlife Service. (C) The Bureau of Land Management. (D) The Bureau of Reclamation. (E) The Forest Service.
3,219
[ "Agriculture Committee", "Natural Resources Committee" ]
118hr3042ih
118
hr
3,042
ih
To modify the requirements for candidate countries under the Millennium Challenge Act of 2003, and for other purposes.
[ { "text": "1. Short title \nThis Act may be cited as the Millennium Challenge Corporation Candidate Country Reform Act.", "id": "H364D1DF378E3440996364890BC7C5F52", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Modifications of requirements to become a candidate country \nSection 606 of the Millennium Challenge Act of 2003 ( 22 U.S.C. 7705 ) is amended to read as follows: 606. Candidate countries \n(a) In general \nA country shall be a candidate country for purposes of eligibility to receive assistance under section 605 if— (1) the per capita income of the country in a fiscal year is equal to or less than the World Bank threshold for initiating the International Bank for Reconstruction and Development graduation process for the fiscal year; and (2) subject to subsection (b), the country is not ineligible to receive United States economic assistance under part I of the Foreign Assistance Act of 1961 ( 22 U.S.C. 2151 et seq. ) by reason of the application of any provision of the Foreign Assistance Act of 1961 or any other provision of law. (b) Rule of construction \nFor the purposes of determining whether a country is eligible, pursuant to subsection (a)(2), to receive assistance under section 605, the exercise by the President, the Secretary of State, or any other officer or employee of the United States Government of any waiver or suspension of any provision of law referred to in subsection (a)(2), and notification to the appropriate congressional committees in accordance with such provision of law, shall be construed as satisfying the requirements under subsection (a). (c) Determination by the Board \nThe Board shall determine whether a country is a candidate country for purposes of this section..", "id": "H1A0DDD3BCC394A1E920B791611286A80", "header": "Modifications of requirements to become a candidate country", "nested": [], "links": [ { "text": "22 U.S.C. 7705", "legal-doc": "usc", "parsable-cite": "usc/22/7705" }, { "text": "22 U.S.C. 2151 et seq.", "legal-doc": "usc", "parsable-cite": "usc/22/2151" } ] }, { "text": "606. Candidate countries \n(a) In general \nA country shall be a candidate country for purposes of eligibility to receive assistance under section 605 if— (1) the per capita income of the country in a fiscal year is equal to or less than the World Bank threshold for initiating the International Bank for Reconstruction and Development graduation process for the fiscal year; and (2) subject to subsection (b), the country is not ineligible to receive United States economic assistance under part I of the Foreign Assistance Act of 1961 ( 22 U.S.C. 2151 et seq. ) by reason of the application of any provision of the Foreign Assistance Act of 1961 or any other provision of law. (b) Rule of construction \nFor the purposes of determining whether a country is eligible, pursuant to subsection (a)(2), to receive assistance under section 605, the exercise by the President, the Secretary of State, or any other officer or employee of the United States Government of any waiver or suspension of any provision of law referred to in subsection (a)(2), and notification to the appropriate congressional committees in accordance with such provision of law, shall be construed as satisfying the requirements under subsection (a). (c) Determination by the Board \nThe Board shall determine whether a country is a candidate country for purposes of this section.", "id": "H2278502B681F4D739D09719E0C915282", "header": "Candidate countries", "nested": [ { "text": "(a) In general \nA country shall be a candidate country for purposes of eligibility to receive assistance under section 605 if— (1) the per capita income of the country in a fiscal year is equal to or less than the World Bank threshold for initiating the International Bank for Reconstruction and Development graduation process for the fiscal year; and (2) subject to subsection (b), the country is not ineligible to receive United States economic assistance under part I of the Foreign Assistance Act of 1961 ( 22 U.S.C. 2151 et seq. ) by reason of the application of any provision of the Foreign Assistance Act of 1961 or any other provision of law.", "id": "HDCF4CA1CEEC843F2AA4A40B4ABAEAEBC", "header": "In general", "nested": [], "links": [ { "text": "22 U.S.C. 2151 et seq.", "legal-doc": "usc", "parsable-cite": "usc/22/2151" } ] }, { "text": "(b) Rule of construction \nFor the purposes of determining whether a country is eligible, pursuant to subsection (a)(2), to receive assistance under section 605, the exercise by the President, the Secretary of State, or any other officer or employee of the United States Government of any waiver or suspension of any provision of law referred to in subsection (a)(2), and notification to the appropriate congressional committees in accordance with such provision of law, shall be construed as satisfying the requirements under subsection (a).", "id": "HF815E0BC264144B69F1FAAFAEDEF2CC7", "header": "Rule of construction", "nested": [], "links": [] }, { "text": "(c) Determination by the Board \nThe Board shall determine whether a country is a candidate country for purposes of this section.", "id": "HBDFCB8DFEBC34C81B0A8DFB7E22DBC10", "header": "Determination by the Board", "nested": [], "links": [] } ], "links": [ { "text": "22 U.S.C. 2151 et seq.", "legal-doc": "usc", "parsable-cite": "usc/22/2151" } ] }, { "text": "3. Conforming amendments \n(a) Amendment To report identifying candidate countries \nSection 608(a)(1) of the Millennium Challenge Act of 2003 ( 22 U.S.C. 7707(a)(1) ) is amended by striking section 606(a)(1)(B) and inserting section 606(a)(2). (b) Amendment to Millennium Challenge Compact authority \nSection 609(b)(2) of such Act ( 22 U.S.C. 7708(b)(2) ) is amended— (1) by amending the paragraph heading to read as follows: Country contributions ; and (2) by striking with respect to a lower middle income country described in section 606(b),. (c) Amendment to authorization To provide assistance for candidate countries \nSection 616(b)(1) of such Act ( 22 U.S.C. 7715(b)(1) ) is amended by striking subsection (a) or (b) of section 606 and inserting section 606(a).", "id": "HB5DF4A44054F455192B5388B6B80551D", "header": "Conforming amendments", "nested": [ { "text": "(a) Amendment To report identifying candidate countries \nSection 608(a)(1) of the Millennium Challenge Act of 2003 ( 22 U.S.C. 7707(a)(1) ) is amended by striking section 606(a)(1)(B) and inserting section 606(a)(2).", "id": "HA1993A1BA0FF49E280044041BCC0247E", "header": "Amendment To report identifying candidate countries", "nested": [], "links": [ { "text": "22 U.S.C. 7707(a)(1)", "legal-doc": "usc", "parsable-cite": "usc/22/7707" } ] }, { "text": "(b) Amendment to Millennium Challenge Compact authority \nSection 609(b)(2) of such Act ( 22 U.S.C. 7708(b)(2) ) is amended— (1) by amending the paragraph heading to read as follows: Country contributions ; and (2) by striking with respect to a lower middle income country described in section 606(b),.", "id": "H4FBCD37F5F4F4D85803327DCF827B3D9", "header": "Amendment to Millennium Challenge Compact authority", "nested": [], "links": [ { "text": "22 U.S.C. 7708(b)(2)", "legal-doc": "usc", "parsable-cite": "usc/22/7708" } ] }, { "text": "(c) Amendment to authorization To provide assistance for candidate countries \nSection 616(b)(1) of such Act ( 22 U.S.C. 7715(b)(1) ) is amended by striking subsection (a) or (b) of section 606 and inserting section 606(a).", "id": "H775EC763F5D445A698C9888EBB6658A7", "header": "Amendment to authorization To provide assistance for candidate countries", "nested": [], "links": [ { "text": "22 U.S.C. 7715(b)(1)", "legal-doc": "usc", "parsable-cite": "usc/22/7715" } ] } ], "links": [ { "text": "22 U.S.C. 7707(a)(1)", "legal-doc": "usc", "parsable-cite": "usc/22/7707" }, { "text": "22 U.S.C. 7708(b)(2)", "legal-doc": "usc", "parsable-cite": "usc/22/7708" }, { "text": "22 U.S.C. 7715(b)(1)", "legal-doc": "usc", "parsable-cite": "usc/22/7715" } ] }, { "text": "4. Modification to factors in determining eligibility \nSection 607(c)(2) of the Millennium Challenge Act of 2003 ( 22 U.S.C. 7706(c)(2) ) is amended in the matter preceding subparagraph (A) by striking consider and inserting prioritize need and impact by considering.", "id": "H6518845C6890424B831AA848E8BB5CE8", "header": "Modification to factors in determining eligibility", "nested": [], "links": [ { "text": "22 U.S.C. 7706(c)(2)", "legal-doc": "usc", "parsable-cite": "usc/22/7706" } ] } ]
5
1. Short title This Act may be cited as the Millennium Challenge Corporation Candidate Country Reform Act. 2. Modifications of requirements to become a candidate country Section 606 of the Millennium Challenge Act of 2003 ( 22 U.S.C. 7705 ) is amended to read as follows: 606. Candidate countries (a) In general A country shall be a candidate country for purposes of eligibility to receive assistance under section 605 if— (1) the per capita income of the country in a fiscal year is equal to or less than the World Bank threshold for initiating the International Bank for Reconstruction and Development graduation process for the fiscal year; and (2) subject to subsection (b), the country is not ineligible to receive United States economic assistance under part I of the Foreign Assistance Act of 1961 ( 22 U.S.C. 2151 et seq. ) by reason of the application of any provision of the Foreign Assistance Act of 1961 or any other provision of law. (b) Rule of construction For the purposes of determining whether a country is eligible, pursuant to subsection (a)(2), to receive assistance under section 605, the exercise by the President, the Secretary of State, or any other officer or employee of the United States Government of any waiver or suspension of any provision of law referred to in subsection (a)(2), and notification to the appropriate congressional committees in accordance with such provision of law, shall be construed as satisfying the requirements under subsection (a). (c) Determination by the Board The Board shall determine whether a country is a candidate country for purposes of this section.. 606. Candidate countries (a) In general A country shall be a candidate country for purposes of eligibility to receive assistance under section 605 if— (1) the per capita income of the country in a fiscal year is equal to or less than the World Bank threshold for initiating the International Bank for Reconstruction and Development graduation process for the fiscal year; and (2) subject to subsection (b), the country is not ineligible to receive United States economic assistance under part I of the Foreign Assistance Act of 1961 ( 22 U.S.C. 2151 et seq. ) by reason of the application of any provision of the Foreign Assistance Act of 1961 or any other provision of law. (b) Rule of construction For the purposes of determining whether a country is eligible, pursuant to subsection (a)(2), to receive assistance under section 605, the exercise by the President, the Secretary of State, or any other officer or employee of the United States Government of any waiver or suspension of any provision of law referred to in subsection (a)(2), and notification to the appropriate congressional committees in accordance with such provision of law, shall be construed as satisfying the requirements under subsection (a). (c) Determination by the Board The Board shall determine whether a country is a candidate country for purposes of this section. 3. Conforming amendments (a) Amendment To report identifying candidate countries Section 608(a)(1) of the Millennium Challenge Act of 2003 ( 22 U.S.C. 7707(a)(1) ) is amended by striking section 606(a)(1)(B) and inserting section 606(a)(2). (b) Amendment to Millennium Challenge Compact authority Section 609(b)(2) of such Act ( 22 U.S.C. 7708(b)(2) ) is amended— (1) by amending the paragraph heading to read as follows: Country contributions ; and (2) by striking with respect to a lower middle income country described in section 606(b),. (c) Amendment to authorization To provide assistance for candidate countries Section 616(b)(1) of such Act ( 22 U.S.C. 7715(b)(1) ) is amended by striking subsection (a) or (b) of section 606 and inserting section 606(a). 4. Modification to factors in determining eligibility Section 607(c)(2) of the Millennium Challenge Act of 2003 ( 22 U.S.C. 7706(c)(2) ) is amended in the matter preceding subparagraph (A) by striking consider and inserting prioritize need and impact by considering.
4,006
[ "Foreign Affairs Committee" ]
118hr3566ih
118
hr
3,566
ih
To amend the Internal Revenue Code of 1986 to allow individuals to avoid a penalty for failure to pay income tax by timely paying 125 percent of the income tax liability for the prior year.
[ { "text": "1. Short title \nThis Act may be cited as the Simplify Automatic Filing Extensions Act or the SAFE Act.", "id": "H4AABFE26E1B448C4B4436D9F819EE145", "header": "Short title", "nested": [], "links": [] }, { "text": "2. No penalty for failure to pay income tax for individuals who timely pay 125 percent of income tax liability for prior year \n(a) In general \nSection 6651(c) of the Internal Revenue Code of 1986 is amended by adding at the end the following new paragraph: (3) No penalty for failure to pay income tax for individuals who timely pay 125 percent of income tax liability for prior year \n(A) In general \nSubsection (a)(2) shall not apply with respect to an income tax return of an individual if such individual pays, on or before the date prescribed for the payment of the tax with respect to which such return relates (determined with regard to any extension of time for payment), 125 percent of the amount of tax required to be shown on the income tax return of such individual for the immediately preceding taxable year. (B) Failure to file; short taxable years \nIf the individual did not file an income tax return for the immediately preceding taxable year referred to in subparagraph (A), or if such taxable year was less than 12 months, subparagraph (A) shall not apply. (C) Joint returns \nIn the case of a joint return, if the taxpayer did not file a joint return for the immediately preceding taxable year referred to in subparagraph (A), the amounts required to be shown on the income tax returns of both spouses for such immediately preceding taxable year shall be taken into account under subparagraph (A). Except as otherwise provided by the Secretary, if the individual does not file a joint return for the taxable year to which subparagraph (A) applies and filed a joint return for the immediately preceding taxable year, the entire amount of tax required to be shown on such joint return shall be taken into account under subparagraph (A). (D) Exception not applicable in certain cases of increased penalty \nSubparagraph (A) shall not apply with respect to any period beginning after the day described in subsection (d)(2).. (b) Conforming amendment \nThe heading of section 6651(c) of such Code is amended by striking Rule and inserting Rules. (c) Effective date \nThe amendments made by this section shall apply to taxable years beginning after December 31, 2022.", "id": "HB6044D962F434F42B2BB39F18FD0185D", "header": "No penalty for failure to pay income tax for individuals who timely pay 125 percent of income tax liability for prior year", "nested": [ { "text": "(a) In general \nSection 6651(c) of the Internal Revenue Code of 1986 is amended by adding at the end the following new paragraph: (3) No penalty for failure to pay income tax for individuals who timely pay 125 percent of income tax liability for prior year \n(A) In general \nSubsection (a)(2) shall not apply with respect to an income tax return of an individual if such individual pays, on or before the date prescribed for the payment of the tax with respect to which such return relates (determined with regard to any extension of time for payment), 125 percent of the amount of tax required to be shown on the income tax return of such individual for the immediately preceding taxable year. (B) Failure to file; short taxable years \nIf the individual did not file an income tax return for the immediately preceding taxable year referred to in subparagraph (A), or if such taxable year was less than 12 months, subparagraph (A) shall not apply. (C) Joint returns \nIn the case of a joint return, if the taxpayer did not file a joint return for the immediately preceding taxable year referred to in subparagraph (A), the amounts required to be shown on the income tax returns of both spouses for such immediately preceding taxable year shall be taken into account under subparagraph (A). Except as otherwise provided by the Secretary, if the individual does not file a joint return for the taxable year to which subparagraph (A) applies and filed a joint return for the immediately preceding taxable year, the entire amount of tax required to be shown on such joint return shall be taken into account under subparagraph (A). (D) Exception not applicable in certain cases of increased penalty \nSubparagraph (A) shall not apply with respect to any period beginning after the day described in subsection (d)(2)..", "id": "H3DC5C041C5944F9EA5560ECE425F6C36", "header": "In general", "nested": [], "links": [ { "text": "Section 6651(c)", "legal-doc": "usc", "parsable-cite": "usc/26/6651" } ] }, { "text": "(b) Conforming amendment \nThe heading of section 6651(c) of such Code is amended by striking Rule and inserting Rules.", "id": "H81E2AEB3DC204EFC9BFD119CEE51EA93", "header": "Conforming amendment", "nested": [], "links": [] }, { "text": "(c) Effective date \nThe amendments made by this section shall apply to taxable years beginning after December 31, 2022.", "id": "HEF1364ABAB16476AA889093F93FC2260", "header": "Effective date", "nested": [], "links": [] } ], "links": [ { "text": "Section 6651(c)", "legal-doc": "usc", "parsable-cite": "usc/26/6651" } ] } ]
2
1. Short title This Act may be cited as the Simplify Automatic Filing Extensions Act or the SAFE Act. 2. No penalty for failure to pay income tax for individuals who timely pay 125 percent of income tax liability for prior year (a) In general Section 6651(c) of the Internal Revenue Code of 1986 is amended by adding at the end the following new paragraph: (3) No penalty for failure to pay income tax for individuals who timely pay 125 percent of income tax liability for prior year (A) In general Subsection (a)(2) shall not apply with respect to an income tax return of an individual if such individual pays, on or before the date prescribed for the payment of the tax with respect to which such return relates (determined with regard to any extension of time for payment), 125 percent of the amount of tax required to be shown on the income tax return of such individual for the immediately preceding taxable year. (B) Failure to file; short taxable years If the individual did not file an income tax return for the immediately preceding taxable year referred to in subparagraph (A), or if such taxable year was less than 12 months, subparagraph (A) shall not apply. (C) Joint returns In the case of a joint return, if the taxpayer did not file a joint return for the immediately preceding taxable year referred to in subparagraph (A), the amounts required to be shown on the income tax returns of both spouses for such immediately preceding taxable year shall be taken into account under subparagraph (A). Except as otherwise provided by the Secretary, if the individual does not file a joint return for the taxable year to which subparagraph (A) applies and filed a joint return for the immediately preceding taxable year, the entire amount of tax required to be shown on such joint return shall be taken into account under subparagraph (A). (D) Exception not applicable in certain cases of increased penalty Subparagraph (A) shall not apply with respect to any period beginning after the day described in subsection (d)(2).. (b) Conforming amendment The heading of section 6651(c) of such Code is amended by striking Rule and inserting Rules. (c) Effective date The amendments made by this section shall apply to taxable years beginning after December 31, 2022.
2,278
[ "Ways and Means Committee" ]
118hr7108ih
118
hr
7,108
ih
To support States and high-need local educational agencies in increasing the number of mental health services providers in schools.
[ { "text": "1. Short title; table of contents \n(a) Short title \nThis Act may be cited as the Expanding Access to Mental Health Services in Schools Act of 2024. (b) Table of contents \nThe table of contents of this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Purposes. Sec. 3. Definitions. Sec. 4. School-based mental health services grant program. Sec. 5. Rule.", "id": "H657D9C06CA12476BA16A2B5B3D0368F0", "header": "Short title; table of contents", "nested": [ { "text": "(a) Short title \nThis Act may be cited as the Expanding Access to Mental Health Services in Schools Act of 2024.", "id": "H3F183CD8B4D94D2B9C719EB547C897EF", "header": "Short title", "nested": [], "links": [] }, { "text": "(b) Table of contents \nThe table of contents of this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Purposes. Sec. 3. Definitions. Sec. 4. School-based mental health services grant program. Sec. 5. Rule.", "id": "HF1356AB003304AF1A88C0BCDF2D6C1D3", "header": "Table of contents", "nested": [], "links": [] } ], "links": [] }, { "text": "2. Purposes \nThe purpose of this Act is to increase the number of school-based mental health services providers.", "id": "H7F30CBA4E7404FA1888B45E40B3BB177", "header": "Purposes", "nested": [], "links": [] }, { "text": "3. Definitions \nIn this Act: (1) Eligible agency \nThe term eligible agency means— (A) a high-need local educational agency; (B) an educational service agency acting on behalf of 1 or more high-need local educational agencies; or (C) a State educational agency. (2) ESEA definitions \nThe terms child with a disability , educational service agency , elementary school , English learner , evidence-based , institution of higher education , local educational agency , other staff , outlying area , paraprofessional , professional development , school leader , secondary school , specialized instructional support personnel , Secretary , State , and State educational agency have the meanings given the terms in section 8101 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7801 ). (3) High-need local educational agency \nThe term high-need local educational agency means a local education agency that, as the date of application for this Act— (A) is among the highest 15 percent of all local educational agencies in the State, as determined by the Secretary, based on either— (i) the number of children in each such agency counted under section 1124(c) of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6333(c) ); or (ii) the percentage of children in each such agency counted under section 1124(c) of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6333(c) ); and (B) does not meet at least two of the following: (i) A ratio of 1 full-time equivalent school counselor for every 250 students. (ii) A ratio of 1 full-time equivalent school psychologist for every 500 students. (iii) A ratio of 1 full-time equivalent school social worker for every 250 students. (4) ISDA definitions \nThe term Indian Tribe means any indian tribe identified as such by the Secretary of the Interior under section 104 of the Federally Recognized Indian Tribe List Act of 1994 ( 25 U.S.C. 479a–1 ). (5) School-based mental health services provider \nThe term school-based mental health services provider has the meaning given the term in section 4102 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7112 ).", "id": "HAA5DB14914D347A289F1537E584AA565", "header": "Definitions", "nested": [], "links": [ { "text": "20 U.S.C. 7801", "legal-doc": "usc", "parsable-cite": "usc/20/7801" }, { "text": "20 U.S.C. 6333(c)", "legal-doc": "usc", "parsable-cite": "usc/20/6333" }, { "text": "20 U.S.C. 6333(c)", "legal-doc": "usc", "parsable-cite": "usc/20/6333" }, { "text": "25 U.S.C. 479a–1", "legal-doc": "usc", "parsable-cite": "usc/25/479a-1" }, { "text": "20 U.S.C. 7112", "legal-doc": "usc", "parsable-cite": "usc/20/7112" } ] }, { "text": "4. School-based mental health services grant program \n(a) Purpose \nThe purpose of this section is to increase the number of school-based mental health professionals by supporting high-need local educational agencies in recruiting, hiring, retaining, and diversifying school-based mental health services providers to expand access to school-based mental health services for students enrolled in elementary schools and secondary schools served by such agencies. (b) Authorization of grants \n(1) In general \nFrom amounts made available under subsection (g) and after making the reservations described in paragraph (2), the Secretary shall award grants, on a competitive basis, to eligible agencies, in accordance with this section. (2) Reservations \nFrom the total amount made available under subsection (g) for a fiscal year, the Secretary shall— (A) reserve not more than 2 percent of such amount for program administration, technical assistance, and data collection; (B) reserve 1 percent for the Secretary of the Interior for schools operated or funded by the Bureau of Indian Education, in accordance with the purpose of this section; and (C) reserve 1 percent for allotments for payments to the outlying areas, to be distributed among those outlying areas on the basis of their relative need, as determined by the Secretary, in accordance with the purpose of this section. (3) Duration and renewals \n(A) Duration \nA grant awarded under this section shall be for a period of not more than 5 years. (B) Renewal \nThe Secretary may renew a grant awarded under this section for a period of not more than 2 years. (4) Diversity of projects \n(A) In general \nIn awarding grants under paragraph (1), the Secretary shall ensure that, to the extent practicable, grants are distributed among eligible agencies that will serve geographically diverse areas, including urban, suburban, and rural areas. (B) Local educational agencies \nIn awarding grants under paragraph (1), the Secretary shall ensure that not less than 50 percent of the amounts made available under subsection (g) that remain after making reservations under paragraph (2) are awarded to high-quality applications submitted by high-need local educational agencies identified in clauses (i) and (ii) of section 3(3)(A). (5) Sufficient size and scope \nEach grant awarded under paragraph (1) shall be of sufficient size and scope to allow the eligible agency receiving the grant to carry out the purpose of this section. (c) Application \nAn eligible agency applying for a grant under subsection (b)(1) shall submit an application to the Secretary at such time, in such manner, and accompanied by such information as the Secretary may require, which may include— (1) a description of the prevalent mental health or substance use and misuse concerns facing students enrolled in schools served by participating high-need local educational agencies; (2) a description of current shortage of school-based mental health services providers, including lack of diversity, if applicable, in high-need local educational agencies that will be served under the grant; (3) a description of the applicant’s plan to support recruiting, hiring, retaining, or diversifying school-based mental health services providers in high-need local educational agencies to be served under the grant; and (4) an assurance that any school-based mental health services provider, including any provider offering telehealth services, provides services in a manner consistent with section 444 of the General Education Provisions Act ( 20 U.S.C. 1232g ; commonly known as the Family Educational Rights and Privacy Act of 1974 ) and the Individuals with Disabilities Education Act ( 20 U.S.C. 1400 et seq. ), as well as all applicable Federal, State, and local laws. (d) Use of funds \nAn eligible agency that receives a grant under subsection (b)(1) shall use such funds to carry out one or more of the following: (1) Hiring school-based mental health services providers to— (A) provide school-based mental health services to students enrolled in schools served by high-need local educational agencies; and (B) implement evidence-based practices to improve school climate to support positive student mental health. (2) Implementing strategies to recruit school-based mental health services providers in high-need local educational agencies to help mitigate shortages of such providers, such as— (A) salary stipends; (B) relocation benefits; (C) student loan repayment; or (D) other financial incentives. (3) Implementing strategies to retain school-based mental health services providers in high-need local educational agencies, which may include— (A) providing incentives described in paragraph (2); or (B) providing ongoing professional development, induction, mentorship, or peer support for school-based mental health services providers. (e) Rules \n(1) Matching requirement \nEligible agencies who receive a grant under this Act must contribute non-Federal matching funds to the amount of not less than 25 percent of the project budget. (2) Supplement, not supplant \nFunds made available under this Act shall be used to supplement, and not supplant, non-Federal funds that would otherwise be used for activities described under this Act. (3) Disaggregation of data \nDisaggregation of data required under this section shall not be required when the number is insufficient to yield statistically reliable information or the results would reveal personally identifiable information about an individual. (f) Reporting requirements \nEach eligible agency that receives a grant under subsection (b)(1) shall submit a report to the Secretary on an annual basis and publish such report in a clear and easily accessible format on the website of the eligible agency. Such report shall contain any information required by the Secretary and, at a minimum, the following: (1) The number of school-based mental health services providers employed by high-need local educational agencies served under the grant and any increases from the prior year, disaggregated by— (A) the number of each type of such providers who was recruited, hired, or retained, with support under this grant; and (B) the demographics of such providers. (2) The ratio of students to school-based mental health services providers in high-need local educational agencies served under the grant and the extent to which such ratio has decreased since the start of the grant period. (3) The reduction in the annual attrition rate of school-based mental health services providers employed by high-need local educational agencies served under the grant, and the extent to which such attrition rate has decreased since the start of the grant period. (g) Authorization of appropriations \nThere are authorized to be appropriated to carry out this section such sums as may be necessary for each of fiscal years 2025 through 2029.", "id": "H00645D984307481494D6C9601A99F11B", "header": "School-based mental health services grant program", "nested": [ { "text": "(a) Purpose \nThe purpose of this section is to increase the number of school-based mental health professionals by supporting high-need local educational agencies in recruiting, hiring, retaining, and diversifying school-based mental health services providers to expand access to school-based mental health services for students enrolled in elementary schools and secondary schools served by such agencies.", "id": "H0E4B5E91ADC6488597DD134001C097D4", "header": "Purpose", "nested": [], "links": [] }, { "text": "(b) Authorization of grants \n(1) In general \nFrom amounts made available under subsection (g) and after making the reservations described in paragraph (2), the Secretary shall award grants, on a competitive basis, to eligible agencies, in accordance with this section. (2) Reservations \nFrom the total amount made available under subsection (g) for a fiscal year, the Secretary shall— (A) reserve not more than 2 percent of such amount for program administration, technical assistance, and data collection; (B) reserve 1 percent for the Secretary of the Interior for schools operated or funded by the Bureau of Indian Education, in accordance with the purpose of this section; and (C) reserve 1 percent for allotments for payments to the outlying areas, to be distributed among those outlying areas on the basis of their relative need, as determined by the Secretary, in accordance with the purpose of this section. (3) Duration and renewals \n(A) Duration \nA grant awarded under this section shall be for a period of not more than 5 years. (B) Renewal \nThe Secretary may renew a grant awarded under this section for a period of not more than 2 years. (4) Diversity of projects \n(A) In general \nIn awarding grants under paragraph (1), the Secretary shall ensure that, to the extent practicable, grants are distributed among eligible agencies that will serve geographically diverse areas, including urban, suburban, and rural areas. (B) Local educational agencies \nIn awarding grants under paragraph (1), the Secretary shall ensure that not less than 50 percent of the amounts made available under subsection (g) that remain after making reservations under paragraph (2) are awarded to high-quality applications submitted by high-need local educational agencies identified in clauses (i) and (ii) of section 3(3)(A). (5) Sufficient size and scope \nEach grant awarded under paragraph (1) shall be of sufficient size and scope to allow the eligible agency receiving the grant to carry out the purpose of this section.", "id": "H0E38C8E8773C4D79B466FC496A235428", "header": "Authorization of grants", "nested": [], "links": [] }, { "text": "(c) Application \nAn eligible agency applying for a grant under subsection (b)(1) shall submit an application to the Secretary at such time, in such manner, and accompanied by such information as the Secretary may require, which may include— (1) a description of the prevalent mental health or substance use and misuse concerns facing students enrolled in schools served by participating high-need local educational agencies; (2) a description of current shortage of school-based mental health services providers, including lack of diversity, if applicable, in high-need local educational agencies that will be served under the grant; (3) a description of the applicant’s plan to support recruiting, hiring, retaining, or diversifying school-based mental health services providers in high-need local educational agencies to be served under the grant; and (4) an assurance that any school-based mental health services provider, including any provider offering telehealth services, provides services in a manner consistent with section 444 of the General Education Provisions Act ( 20 U.S.C. 1232g ; commonly known as the Family Educational Rights and Privacy Act of 1974 ) and the Individuals with Disabilities Education Act ( 20 U.S.C. 1400 et seq. ), as well as all applicable Federal, State, and local laws.", "id": "H964DEE2B0C534DAFBF79E3CCD9FAE975", "header": "Application", "nested": [], "links": [ { "text": "20 U.S.C. 1232g", "legal-doc": "usc", "parsable-cite": "usc/20/1232g" }, { "text": "20 U.S.C. 1400 et seq.", "legal-doc": "usc", "parsable-cite": "usc/20/1400" } ] }, { "text": "(d) Use of funds \nAn eligible agency that receives a grant under subsection (b)(1) shall use such funds to carry out one or more of the following: (1) Hiring school-based mental health services providers to— (A) provide school-based mental health services to students enrolled in schools served by high-need local educational agencies; and (B) implement evidence-based practices to improve school climate to support positive student mental health. (2) Implementing strategies to recruit school-based mental health services providers in high-need local educational agencies to help mitigate shortages of such providers, such as— (A) salary stipends; (B) relocation benefits; (C) student loan repayment; or (D) other financial incentives. (3) Implementing strategies to retain school-based mental health services providers in high-need local educational agencies, which may include— (A) providing incentives described in paragraph (2); or (B) providing ongoing professional development, induction, mentorship, or peer support for school-based mental health services providers.", "id": "H1116F4F5D88F4A9B9E04276003117D63", "header": "Use of funds", "nested": [], "links": [] }, { "text": "(e) Rules \n(1) Matching requirement \nEligible agencies who receive a grant under this Act must contribute non-Federal matching funds to the amount of not less than 25 percent of the project budget. (2) Supplement, not supplant \nFunds made available under this Act shall be used to supplement, and not supplant, non-Federal funds that would otherwise be used for activities described under this Act. (3) Disaggregation of data \nDisaggregation of data required under this section shall not be required when the number is insufficient to yield statistically reliable information or the results would reveal personally identifiable information about an individual.", "id": "H1D3560F7A54548B78A395014CCB22F73", "header": "Rules", "nested": [], "links": [] }, { "text": "(f) Reporting requirements \nEach eligible agency that receives a grant under subsection (b)(1) shall submit a report to the Secretary on an annual basis and publish such report in a clear and easily accessible format on the website of the eligible agency. Such report shall contain any information required by the Secretary and, at a minimum, the following: (1) The number of school-based mental health services providers employed by high-need local educational agencies served under the grant and any increases from the prior year, disaggregated by— (A) the number of each type of such providers who was recruited, hired, or retained, with support under this grant; and (B) the demographics of such providers. (2) The ratio of students to school-based mental health services providers in high-need local educational agencies served under the grant and the extent to which such ratio has decreased since the start of the grant period. (3) The reduction in the annual attrition rate of school-based mental health services providers employed by high-need local educational agencies served under the grant, and the extent to which such attrition rate has decreased since the start of the grant period.", "id": "H6C0CEBBABF1E42C2BCF7A4B59554F38B", "header": "Reporting requirements", "nested": [], "links": [] }, { "text": "(g) Authorization of appropriations \nThere are authorized to be appropriated to carry out this section such sums as may be necessary for each of fiscal years 2025 through 2029.", "id": "H1B6EB19EB7EA4A98AFB0B565EFFFDCB4", "header": "Authorization of appropriations", "nested": [], "links": [] } ], "links": [ { "text": "20 U.S.C. 1232g", "legal-doc": "usc", "parsable-cite": "usc/20/1232g" }, { "text": "20 U.S.C. 1400 et seq.", "legal-doc": "usc", "parsable-cite": "usc/20/1400" } ] }, { "text": "5. Rule \nThe requirements of section 4001 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7101 ) shall apply to a State educational agency, local educational agency, or other entity receiving a grant or subgrant under this Act in the same manner as those requirements apply to an entity receiving an award under title IV of such Act.", "id": "H779FD44774944C15A0A521589977A848", "header": "Rule", "nested": [], "links": [ { "text": "20 U.S.C. 7101", "legal-doc": "usc", "parsable-cite": "usc/20/7101" } ] } ]
5
1. Short title; table of contents (a) Short title This Act may be cited as the Expanding Access to Mental Health Services in Schools Act of 2024. (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. Definitions. Sec. 4. School-based mental health services grant program. Sec. 5. Rule. 2. Purposes The purpose of this Act is to increase the number of school-based mental health services providers. 3. Definitions In this Act: (1) Eligible agency The term eligible agency means— (A) a high-need local educational agency; (B) an educational service agency acting on behalf of 1 or more high-need local educational agencies; or (C) a State educational agency. (2) ESEA definitions The terms child with a disability , educational service agency , elementary school , English learner , evidence-based , institution of higher education , local educational agency , other staff , outlying area , paraprofessional , professional development , school leader , secondary school , specialized instructional support personnel , Secretary , State , and State educational agency have the meanings given the terms in section 8101 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7801 ). (3) High-need local educational agency The term high-need local educational agency means a local education agency that, as the date of application for this Act— (A) is among the highest 15 percent of all local educational agencies in the State, as determined by the Secretary, based on either— (i) the number of children in each such agency counted under section 1124(c) of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6333(c) ); or (ii) the percentage of children in each such agency counted under section 1124(c) of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6333(c) ); and (B) does not meet at least two of the following: (i) A ratio of 1 full-time equivalent school counselor for every 250 students. (ii) A ratio of 1 full-time equivalent school psychologist for every 500 students. (iii) A ratio of 1 full-time equivalent school social worker for every 250 students. (4) ISDA definitions The term Indian Tribe means any indian tribe identified as such by the Secretary of the Interior under section 104 of the Federally Recognized Indian Tribe List Act of 1994 ( 25 U.S.C. 479a–1 ). (5) School-based mental health services provider The term school-based mental health services provider has the meaning given the term in section 4102 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7112 ). 4. School-based mental health services grant program (a) Purpose The purpose of this section is to increase the number of school-based mental health professionals by supporting high-need local educational agencies in recruiting, hiring, retaining, and diversifying school-based mental health services providers to expand access to school-based mental health services for students enrolled in elementary schools and secondary schools served by such agencies. (b) Authorization of grants (1) In general From amounts made available under subsection (g) and after making the reservations described in paragraph (2), the Secretary shall award grants, on a competitive basis, to eligible agencies, in accordance with this section. (2) Reservations From the total amount made available under subsection (g) for a fiscal year, the Secretary shall— (A) reserve not more than 2 percent of such amount for program administration, technical assistance, and data collection; (B) reserve 1 percent for the Secretary of the Interior for schools operated or funded by the Bureau of Indian Education, in accordance with the purpose of this section; and (C) reserve 1 percent for allotments for payments to the outlying areas, to be distributed among those outlying areas on the basis of their relative need, as determined by the Secretary, in accordance with the purpose of this section. (3) Duration and renewals (A) Duration A grant awarded under this section shall be for a period of not more than 5 years. (B) Renewal The Secretary may renew a grant awarded under this section for a period of not more than 2 years. (4) Diversity of projects (A) In general In awarding grants under paragraph (1), the Secretary shall ensure that, to the extent practicable, grants are distributed among eligible agencies that will serve geographically diverse areas, including urban, suburban, and rural areas. (B) Local educational agencies In awarding grants under paragraph (1), the Secretary shall ensure that not less than 50 percent of the amounts made available under subsection (g) that remain after making reservations under paragraph (2) are awarded to high-quality applications submitted by high-need local educational agencies identified in clauses (i) and (ii) of section 3(3)(A). (5) Sufficient size and scope Each grant awarded under paragraph (1) shall be of sufficient size and scope to allow the eligible agency receiving the grant to carry out the purpose of this section. (c) Application An eligible agency applying for a grant under subsection (b)(1) shall submit an application to the Secretary at such time, in such manner, and accompanied by such information as the Secretary may require, which may include— (1) a description of the prevalent mental health or substance use and misuse concerns facing students enrolled in schools served by participating high-need local educational agencies; (2) a description of current shortage of school-based mental health services providers, including lack of diversity, if applicable, in high-need local educational agencies that will be served under the grant; (3) a description of the applicant’s plan to support recruiting, hiring, retaining, or diversifying school-based mental health services providers in high-need local educational agencies to be served under the grant; and (4) an assurance that any school-based mental health services provider, including any provider offering telehealth services, provides services in a manner consistent with section 444 of the General Education Provisions Act ( 20 U.S.C. 1232g ; commonly known as the Family Educational Rights and Privacy Act of 1974 ) and the Individuals with Disabilities Education Act ( 20 U.S.C. 1400 et seq. ), as well as all applicable Federal, State, and local laws. (d) Use of funds An eligible agency that receives a grant under subsection (b)(1) shall use such funds to carry out one or more of the following: (1) Hiring school-based mental health services providers to— (A) provide school-based mental health services to students enrolled in schools served by high-need local educational agencies; and (B) implement evidence-based practices to improve school climate to support positive student mental health. (2) Implementing strategies to recruit school-based mental health services providers in high-need local educational agencies to help mitigate shortages of such providers, such as— (A) salary stipends; (B) relocation benefits; (C) student loan repayment; or (D) other financial incentives. (3) Implementing strategies to retain school-based mental health services providers in high-need local educational agencies, which may include— (A) providing incentives described in paragraph (2); or (B) providing ongoing professional development, induction, mentorship, or peer support for school-based mental health services providers. (e) Rules (1) Matching requirement Eligible agencies who receive a grant under this Act must contribute non-Federal matching funds to the amount of not less than 25 percent of the project budget. (2) Supplement, not supplant Funds made available under this Act shall be used to supplement, and not supplant, non-Federal funds that would otherwise be used for activities described under this Act. (3) Disaggregation of data Disaggregation of data required under this section shall not be required when the number is insufficient to yield statistically reliable information or the results would reveal personally identifiable information about an individual. (f) Reporting requirements Each eligible agency that receives a grant under subsection (b)(1) shall submit a report to the Secretary on an annual basis and publish such report in a clear and easily accessible format on the website of the eligible agency. Such report shall contain any information required by the Secretary and, at a minimum, the following: (1) The number of school-based mental health services providers employed by high-need local educational agencies served under the grant and any increases from the prior year, disaggregated by— (A) the number of each type of such providers who was recruited, hired, or retained, with support under this grant; and (B) the demographics of such providers. (2) The ratio of students to school-based mental health services providers in high-need local educational agencies served under the grant and the extent to which such ratio has decreased since the start of the grant period. (3) The reduction in the annual attrition rate of school-based mental health services providers employed by high-need local educational agencies served under the grant, and the extent to which such attrition rate has decreased since the start of the grant period. (g) Authorization of appropriations There are authorized to be appropriated to carry out this section such sums as may be necessary for each of fiscal years 2025 through 2029. 5. Rule The requirements of section 4001 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7101 ) shall apply to a State educational agency, local educational agency, or other entity receiving a grant or subgrant under this Act in the same manner as those requirements apply to an entity receiving an award under title IV of such Act.
9,878
[ "Education and the Workforce Committee" ]
118hr164ih
118
hr
164
ih
To provide appropriations for a border wall and provide for a moratorium on certain other funding, and for other purposes.
[ { "text": "1. Short title \nThis Act may be cited as the Close Biden’s Open Border Act.", "id": "HA5B8F929C74940D2B79F4AB184C9D982", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Border wall funding \n(a) In general \nThere is appropriated, out of any amounts in the Treasury not otherwise appropriated, $15,000,000,000 for the Secretary of Homeland Security to construct a border wall along the southern border of the United States. To the extent available, such amounts shall be derived from the unobligated balance of amounts appropriated (as of the day before the date of the enactment of this Act) for the purpose described in subsection (b). (b) Moratorium \nNotwithstanding any other provision of law, no amounts may be authorized to be appropriated or otherwise made available, during the 2-year period beginning on the date of the enactment of this Act, for United States contributions to the United Nations.", "id": "H1CBB1CA3B8424F0888715C2501BADF13", "header": "Border wall funding", "nested": [ { "text": "(a) In general \nThere is appropriated, out of any amounts in the Treasury not otherwise appropriated, $15,000,000,000 for the Secretary of Homeland Security to construct a border wall along the southern border of the United States. To the extent available, such amounts shall be derived from the unobligated balance of amounts appropriated (as of the day before the date of the enactment of this Act) for the purpose described in subsection (b).", "id": "H43846CA5A12748E6A6720591E0BC1C07", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Moratorium \nNotwithstanding any other provision of law, no amounts may be authorized to be appropriated or otherwise made available, during the 2-year period beginning on the date of the enactment of this Act, for United States contributions to the United Nations.", "id": "H185E80F0BD7F412FAEF14184837051A5", "header": "Moratorium", "nested": [], "links": [] } ], "links": [] } ]
2
1. Short title This Act may be cited as the Close Biden’s Open Border Act. 2. Border wall funding (a) In general There is appropriated, out of any amounts in the Treasury not otherwise appropriated, $15,000,000,000 for the Secretary of Homeland Security to construct a border wall along the southern border of the United States. To the extent available, such amounts shall be derived from the unobligated balance of amounts appropriated (as of the day before the date of the enactment of this Act) for the purpose described in subsection (b). (b) Moratorium Notwithstanding any other provision of law, no amounts may be authorized to be appropriated or otherwise made available, during the 2-year period beginning on the date of the enactment of this Act, for United States contributions to the United Nations.
814
[ "Foreign Affairs Committee", "Appropriations Committee" ]
118hr4092ih
118
hr
4,092
ih
To amend the Public Health Service Act to reauthorize support for residential treatment programs for pregnant and postpartum women.
[ { "text": "1. Short title \nThis Act may be cited as the Protecting Moms and Infants Reauthorization Act of 2023.", "id": "H06A72A63D2654092A4DC349917AF7755", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Residential treatment programs for pregnant and postpartum women \nSection 508(s) of the Public Health Service Act ( 42 U.S.C. 290bb–1(s) ) is amended by striking $29,931,000 for each of fiscal years 2019 through 2023 and inserting $38,931,000 for each of fiscal years 2024 through 2028.", "id": "H3801D9B47E9544E3AA9557AFCA24F13D", "header": "Residential treatment programs for pregnant and postpartum women", "nested": [], "links": [ { "text": "42 U.S.C. 290bb–1(s)", "legal-doc": "usc", "parsable-cite": "usc/42/290bb-1" } ] } ]
2
1. Short title This Act may be cited as the Protecting Moms and Infants Reauthorization Act of 2023. 2. Residential treatment programs for pregnant and postpartum women Section 508(s) of the Public Health Service Act ( 42 U.S.C. 290bb–1(s) ) is amended by striking $29,931,000 for each of fiscal years 2019 through 2023 and inserting $38,931,000 for each of fiscal years 2024 through 2028.
391
[ "Energy and Commerce Committee" ]
118hr7610ih
118
hr
7,610
ih
To amend the Homeland Security Act of 2002 to clarify that utility line technicians qualify as emergency response providers.
[ { "text": "1. Short title \nThis Act may be cited as the Linemen Legacy Act.", "id": "H4C1E5B9C2E9D42A28E5D040BD52AEA69", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Emergency response providers \nSection 2(6) of the Homeland Security Act of 2002 ( 6 U.S.C. 101(6) ) is amended— (1) by striking includes Federal and inserting “includes— (A) Federal ; (2) by striking the period at the end and inserting ; and ; and (3) by adding at the end the following: (B) utility line technicians responding to a major disaster or an emergency declared by the President under section 501 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C. 5191 )..", "id": "H02FAB22F99AE4CEC9A409DB2C1872888", "header": "Emergency response providers", "nested": [], "links": [ { "text": "6 U.S.C. 101(6)", "legal-doc": "usc", "parsable-cite": "usc/6/101" }, { "text": "42 U.S.C. 5191", "legal-doc": "usc", "parsable-cite": "usc/42/5191" } ] } ]
2
1. Short title This Act may be cited as the Linemen Legacy Act. 2. Emergency response providers Section 2(6) of the Homeland Security Act of 2002 ( 6 U.S.C. 101(6) ) is amended— (1) by striking includes Federal and inserting “includes— (A) Federal ; (2) by striking the period at the end and inserting ; and ; and (3) by adding at the end the following: (B) utility line technicians responding to a major disaster or an emergency declared by the President under section 501 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C. 5191 )..
567
[ "Transportation and Infrastructure Committee" ]
118hr5885ih
118
hr
5,885
ih
To establish a grant program to facilitate the veterinary care of former law enforcement canines, and for other purposes.
[ { "text": "1. Short title \nThis Act may be cited as the Honoring Police Officer and K9 Service Act of 2023.", "id": "HD6C10F71A6CF4320B6329901C307BCB7", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Grant program to facilitate veterinary care for former law enforcement canines \n(a) Establishment \nNot later than 90 days after the date of the enactment of this Act, the Attorney General shall establish a grant program to facilitate the care of former law enforcement canines (in this section referred to as the program ). (b) Grant authority and eligible recipients \nIn carrying out the program, the Attorney General may award a grant on a competitive basis to any entity that qualifies as a nonprofit organization under section 501(c)(3) of the Internal Revenue Code of 1986 and that the Attorney General determines has— (1) a demonstrated history of successfully assisting the owners of former law enforcement canines with costs associated with veterinary care, medication and antibiotics, or other medical expenses for the canine; and (2) the capacity to record and provide a detailed accounting of the purposes for which grant amounts are expended. (c) Eligible projects \nA recipient of a grant under the program may only use grant funds to cover the costs associated with veterinary care, medication and antibiotics, or other medical expenses determined necessary by a veterinarian for the former law enforcement canine. (d) Applications \nTo be eligible for a grant under the Program, an entity shall submit to the Secretary an application at such time, in such form, and containing such information as the Attorney General determines appropriate. (e) Reports \n(1) Reports to Attorney General \nAs a condition of receiving a grant under the program, a prospective recipient shall agree to submit to the Attorney General, on an annual basis for the duration of the project to be carried out using grant funds a report containing, with respect to the year covered by the report— (A) a detailed accounting of how grant funds were used; and (B) a proposal for how activities carried out under the project may be improved in the future. (2) Submission to Congress \nUpon receiving a report under paragraph (1), the Attorney General shall submit a copy of the report to Congress. (f) Authorization of appropriations \nThere is authorized to be appropriated to the Secretary to carry out this section $5,000,000 for fiscal year 2024. (g) Former law enforcement canine defined \nIn this section, the term former law enforcement canine means a canine that has been used by a Federal, State, or local agency in the performance of law enforcement duties and that has been determined by such agency to be no longer needed for official purposes.", "id": "H9D91CD67637B4ACE9E5991C1DA1AF014", "header": "Grant program to facilitate veterinary care for former law enforcement canines", "nested": [ { "text": "(a) Establishment \nNot later than 90 days after the date of the enactment of this Act, the Attorney General shall establish a grant program to facilitate the care of former law enforcement canines (in this section referred to as the program ).", "id": "HC65DAF34520445D29C2E5CA210443DE4", "header": "Establishment", "nested": [], "links": [] }, { "text": "(b) Grant authority and eligible recipients \nIn carrying out the program, the Attorney General may award a grant on a competitive basis to any entity that qualifies as a nonprofit organization under section 501(c)(3) of the Internal Revenue Code of 1986 and that the Attorney General determines has— (1) a demonstrated history of successfully assisting the owners of former law enforcement canines with costs associated with veterinary care, medication and antibiotics, or other medical expenses for the canine; and (2) the capacity to record and provide a detailed accounting of the purposes for which grant amounts are expended.", "id": "H59D2470A3C654F70A6E82E0F53F04B3F", "header": "Grant authority and eligible recipients", "nested": [], "links": [ { "text": "section 501(c)(3)", "legal-doc": "usc", "parsable-cite": "usc/26/501" } ] }, { "text": "(c) Eligible projects \nA recipient of a grant under the program may only use grant funds to cover the costs associated with veterinary care, medication and antibiotics, or other medical expenses determined necessary by a veterinarian for the former law enforcement canine.", "id": "H8BA72871E41A43E6BB569176601066E0", "header": "Eligible projects", "nested": [], "links": [] }, { "text": "(d) Applications \nTo be eligible for a grant under the Program, an entity shall submit to the Secretary an application at such time, in such form, and containing such information as the Attorney General determines appropriate.", "id": "H48016BB44C9E4534BA52B6AD15E83DDC", "header": "Applications", "nested": [], "links": [] }, { "text": "(e) Reports \n(1) Reports to Attorney General \nAs a condition of receiving a grant under the program, a prospective recipient shall agree to submit to the Attorney General, on an annual basis for the duration of the project to be carried out using grant funds a report containing, with respect to the year covered by the report— (A) a detailed accounting of how grant funds were used; and (B) a proposal for how activities carried out under the project may be improved in the future. (2) Submission to Congress \nUpon receiving a report under paragraph (1), the Attorney General shall submit a copy of the report to Congress.", "id": "HB4EC468C5ABC43CFB61C901EA6CF2BA4", "header": "Reports", "nested": [], "links": [] }, { "text": "(f) Authorization of appropriations \nThere is authorized to be appropriated to the Secretary to carry out this section $5,000,000 for fiscal year 2024.", "id": "H28D7065561A5405EBD1862B7169A8CE3", "header": "Authorization of appropriations", "nested": [], "links": [] }, { "text": "(g) Former law enforcement canine defined \nIn this section, the term former law enforcement canine means a canine that has been used by a Federal, State, or local agency in the performance of law enforcement duties and that has been determined by such agency to be no longer needed for official purposes.", "id": "H4FC8784E88874EC28BE52060B32CB7F4", "header": "Former law enforcement canine defined", "nested": [], "links": [] } ], "links": [ { "text": "section 501(c)(3)", "legal-doc": "usc", "parsable-cite": "usc/26/501" } ] } ]
2
1. Short title This Act may be cited as the Honoring Police Officer and K9 Service Act of 2023. 2. Grant program to facilitate veterinary care for former law enforcement canines (a) Establishment Not later than 90 days after the date of the enactment of this Act, the Attorney General shall establish a grant program to facilitate the care of former law enforcement canines (in this section referred to as the program ). (b) Grant authority and eligible recipients In carrying out the program, the Attorney General may award a grant on a competitive basis to any entity that qualifies as a nonprofit organization under section 501(c)(3) of the Internal Revenue Code of 1986 and that the Attorney General determines has— (1) a demonstrated history of successfully assisting the owners of former law enforcement canines with costs associated with veterinary care, medication and antibiotics, or other medical expenses for the canine; and (2) the capacity to record and provide a detailed accounting of the purposes for which grant amounts are expended. (c) Eligible projects A recipient of a grant under the program may only use grant funds to cover the costs associated with veterinary care, medication and antibiotics, or other medical expenses determined necessary by a veterinarian for the former law enforcement canine. (d) Applications To be eligible for a grant under the Program, an entity shall submit to the Secretary an application at such time, in such form, and containing such information as the Attorney General determines appropriate. (e) Reports (1) Reports to Attorney General As a condition of receiving a grant under the program, a prospective recipient shall agree to submit to the Attorney General, on an annual basis for the duration of the project to be carried out using grant funds a report containing, with respect to the year covered by the report— (A) a detailed accounting of how grant funds were used; and (B) a proposal for how activities carried out under the project may be improved in the future. (2) Submission to Congress Upon receiving a report under paragraph (1), the Attorney General shall submit a copy of the report to Congress. (f) Authorization of appropriations There is authorized to be appropriated to the Secretary to carry out this section $5,000,000 for fiscal year 2024. (g) Former law enforcement canine defined In this section, the term former law enforcement canine means a canine that has been used by a Federal, State, or local agency in the performance of law enforcement duties and that has been determined by such agency to be no longer needed for official purposes.
2,635
[ "Judiciary Committee" ]
118hr681ih
118
hr
681
ih
To reauthorize the READ Act.
[ { "text": "1. Short title \nThis Act may be cited as the READ Act Reauthorization Act of 2023.", "id": "H0AB230AFC7B443798365E0A12CB7A741", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Reauthorization \nSection 4(a) of the Reinforcing Education Accountability in Development Act (division A of Public Law 115–56 ; 22 U.S.C. 2151c note) is amended by striking during the following five fiscal years and inserting during the following ten fiscal years.", "id": "HE8B95479C19B4A769C024B91977EFB96", "header": "Reauthorization", "nested": [], "links": [ { "text": "Public Law 115–56", "legal-doc": "public-law", "parsable-cite": "pl/115/56" }, { "text": "22 U.S.C. 2151c", "legal-doc": "usc", "parsable-cite": "usc/22/2151c" } ] } ]
2
1. Short title This Act may be cited as the READ Act Reauthorization Act of 2023. 2. Reauthorization Section 4(a) of the Reinforcing Education Accountability in Development Act (division A of Public Law 115–56 ; 22 U.S.C. 2151c note) is amended by striking during the following five fiscal years and inserting during the following ten fiscal years.
350
[ "Foreign Affairs Committee" ]
118hr2664ih
118
hr
2,664
ih
To provide for coordination between Federal agencies regarding the decarbonization, development, certification, and deployment of aircraft, vessels, and medium and heavy duty transportation vehicles, and for other purposes.
[ { "text": "1. Short title \nThis Act may be cited as the Transportation Innovation Coordination Act.", "id": "H1C731D1332334594AFE691F01E71018D", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Additional duties of the joint office of energy and transportation \nIn paragraph (2) in the matter under the heading Department of Transportation-Federal Highway Administration in title VIII of division J of the Infrastructure Innovation and Jobs Act ( Public Law 117–58 ) is amended— (1) in the twenty-sixth proviso by striking and (9) and inserting (9) developing technical assistance and best practices for the deployment of EV charging and hydrogen fueling in community based locations that support local EV use, including parks, multi-family housing, employment centers, community centers, shopping centers, and parking lots; (10) in conjunction with Federal agencies with jurisdiction over broadband policy including the Department of Commerce, National Telecommunications and Information Administration, and Federal Communications Commission, developing technical assistance and best practices for reducing the cost and accelerating the deployment of broadband infrastructure by minimizing the number and scale of repeated excavations for the installation and maintenance of broadband conduit or broadband infrastructure in rights-of-way where transportation projects are planned or underway; and (11) ; (2) in the thirty-third proviso by striking the semicolon and inserting a colon; and (3) by adding at the end the following: Provided further , that the Joint Office shall, in addition to the other duties listed in this paragraph, study, plan, coordinate, and implement issues of joint concern between the two agencies with respect to aircraft and airport decarbonization including at a minimum: (1) research and technical assistance related to the development, certification, operation, and maintenance of sustainable aircraft, including electric propulsion aircraft, medium and heavy duty transportation vehicles, and relevant equipment, including cargo handling equipment, buses, and ride-share vehicles, refueling and charging infrastructure, alternative sustainable low-carbon fuels including sustainable aviation fuels, biofuels, clean hydrogen, methanol and ammonia, and associated technologies critical to their deployment; (2) data sharing with respect to the installation, maintenance, and utilization of charging and refueling infrastructure at airports; (3) development and deployment of workforce training programs related to the development, construction, and maintenance of aircraft, port equipment, and charging and refueling infrastructure; (4) transition from leaded fuel usage by commmercial and general aviation; and (5) any other issues that the Secretary of Transportation and the Secretary identify as issues of joint interest: Provided further , that the Joint Office shall coordinate with Department of Transportation and Department of Energy offices with jurisdiction over aviation decarbonization, including the Department of Transportation Federal Aviation Administration, and the Department of Energy’s Bioenergy Technology Office, Hydrogen and Fuel Cell Technologies Office, and Vehicle Technologies Office, as well as with other Federal agencies with jurisdiction including the Environmental Protection Agency, the National Aeronautics and Space Administration, the Department of Defense, including the Air Force and Space Force, and the Department of Agriculture, to streamline and coordinate efforts to reduce aerospace emissions: Provided further , that the Joint Office shall, in addition to the other duties listed in this paragraph, study, plan, coordinate, and implement issues of joint concern between the two agencies with respect to low or zero emissions vessels and ports, including at a minimum: (1) research and technical assistance related to the development, certification, operation, and maintenance of low or zero emission vessels, medium and heavy duty transportation vehicles, and relevant port equipment, refueling and charging infrastructure, power supply and distribution infrastructure, alternative sustainable low-carbon fuels and fueling infrastructure including biofuels, clean hydrogen, methanol and ammonia, and associated technologies critical to their deployment; (2) data sharing with respect to the installation, operation, maintenance, and utilization of charging and refueling infrastructure at ports and freight facilities; (3) development and deployment of workforce training programs related to the development, construction, and maintenance of vessels, equipment, and charging and refueling infrastructure; (4) the development and establishment of green maritime corridors, including for shipping and cruises; and (5) any other issues that the Secretary of Transportation and the Secretary identify as issues of joint interest: Provided further , that the Joint Office shall coordinate with Department of Transportation and Department of Energy offices with jurisdiction over maritime transportation decarbonization, including the Department of Transportation Federal Maritime Administration, and the Department of Energy’s Bioenergy Technology Office, Office of Electricity, Grid Deployment Office, Hydrogen and Fuel Cell Technologies Office, Water Power Technologies Office, and Vehicle Technologies Office, as well as with other federal agencies with jurisdiction including the Department of State, the Environmental Protection Agency, the Department of Defense, including the Navy, and the Coast Guard to streamline and coordinate efforts to reduce maritime emissions: Provided further , (1) The Office, in conjunction with the Department of State and the aforementioned agencies, shall provide a report to Congress identifying barriers to decarbonization of maritime vessels, including fueling availability and cost differential, technology research and development needs, vehicle availability, international cooperation, and other barriers not later than 180 days after enactment: (2) The Office, in conjunction with the aforementioned agencies, shall provide a report to Congress with an analysis of economic and financial measures required to address barriers and increase zero emissions technology, infrastructure and clean fuels development, deployment, adoption and end use: Provided further , that the Joint Office shall coordinate with Department of Transportation and Department of Energy offices with jurisdiction over medium and heavy duty transportation decarbonization, including the Department of Transportation Federal Highways Administration, National Highway Traffic Safety Administration, and Federal Motor Carrier Safety Administration, and the Department of Energy’s Bioenergy Technology Office, Hydrogen and Fuel Cell Technologies Office, and Vehicle Technologies Office, as well as other federal agencies with jurisdiction over medium and heavy duty transportation decarbonization, including the Environmental Protection Agency and Department of Homeland Security, to streamline and coordinate efforts to reduce emissions for freight transportation. (A) The Office shall provide a report to Congress identifying barriers to decarbonization of medium and heavy duty road transportation, including charging and fueling availability, technology research and development needs, vehicle availability, battery and component cost and supply constraints, potential regulatory impediments such as vehicle weight allowance and treatment of near-zero emissions technologies, and other barriers not later than 180 days after enactment. (B) The Joint Office shall develop technical assistance, and support research to support the decarbonization of medium and heavy duty trucks and other freight transportation equipment and operations. The Joint Office shall support research, planning, and funding for charging and fueling infrastructure that supports medium and heavy duty vehicle electrification including high-powered charging depots, hydrogen fueling infrastructure, grid reliability solutions, smart charge management, and distributed energy resources, including integration with on-site energy storage and renewable energy generation. (C) The Joint Office shall identify and support the development and deployment of alternative sustainable low-carbon fuels including biofuels, clean hydrogen, methanol, and ammonia, and associated powertrain technologies, including batteries, fuel cells, and hydrogen internal combustion engines. Provided further , That the Joint Office of Energy and Transportation shall identify and prioritize technical assistance, research, workforce development, and funding opportunities for industry education and outreach programs to support the decarbonization of commercial motor vehicles and fleets transitioning to electric vehicles. (A) The Joint Office shall identify opportunities to support the wide scale adoption of zero- and near-zero emission vehicles in fleets, including identifying tools, resources, and funding to help fleet owners and operators transition to ZEV. (B) The Joint Office shall coordinate with stakeholders, including administrators of State grant programs, truck and engine manufacturers, trucking fleets, State trucking associations, electric ride hail providers, electric carshare operators, Clean Cities coalitions, Tribal nations, and PUCs, to identify opportunities to advance electrification and decarbonization of medium and heavy duty vehicles: Provided further , that the Joint Office of Energy and Transportation shall develop pathways, and provide recommendations to Congress as necessary, to ensure availability of low or zero emissions vehicles, vessels, and equipment critical to decarbonizing the transportation sector that are compliant with federal requirements for domestic sourcing: Provided further , that there are authorized to be appropriated for each of fiscal years 2024 through 2032 such sums as are necessary to carry out this section..", "id": "HFD66E900780A429C870ABEE9392E176B", "header": "Additional duties of the joint office of energy and transportation", "nested": [], "links": [ { "text": "Public Law 117–58", "legal-doc": "public-law", "parsable-cite": "pl/117/58" } ] } ]
2
1. Short title This Act may be cited as the Transportation Innovation Coordination Act. 2. Additional duties of the joint office of energy and transportation In paragraph (2) in the matter under the heading Department of Transportation-Federal Highway Administration in title VIII of division J of the Infrastructure Innovation and Jobs Act ( Public Law 117–58 ) is amended— (1) in the twenty-sixth proviso by striking and (9) and inserting (9) developing technical assistance and best practices for the deployment of EV charging and hydrogen fueling in community based locations that support local EV use, including parks, multi-family housing, employment centers, community centers, shopping centers, and parking lots; (10) in conjunction with Federal agencies with jurisdiction over broadband policy including the Department of Commerce, National Telecommunications and Information Administration, and Federal Communications Commission, developing technical assistance and best practices for reducing the cost and accelerating the deployment of broadband infrastructure by minimizing the number and scale of repeated excavations for the installation and maintenance of broadband conduit or broadband infrastructure in rights-of-way where transportation projects are planned or underway; and (11) ; (2) in the thirty-third proviso by striking the semicolon and inserting a colon; and (3) by adding at the end the following: Provided further , that the Joint Office shall, in addition to the other duties listed in this paragraph, study, plan, coordinate, and implement issues of joint concern between the two agencies with respect to aircraft and airport decarbonization including at a minimum: (1) research and technical assistance related to the development, certification, operation, and maintenance of sustainable aircraft, including electric propulsion aircraft, medium and heavy duty transportation vehicles, and relevant equipment, including cargo handling equipment, buses, and ride-share vehicles, refueling and charging infrastructure, alternative sustainable low-carbon fuels including sustainable aviation fuels, biofuels, clean hydrogen, methanol and ammonia, and associated technologies critical to their deployment; (2) data sharing with respect to the installation, maintenance, and utilization of charging and refueling infrastructure at airports; (3) development and deployment of workforce training programs related to the development, construction, and maintenance of aircraft, port equipment, and charging and refueling infrastructure; (4) transition from leaded fuel usage by commmercial and general aviation; and (5) any other issues that the Secretary of Transportation and the Secretary identify as issues of joint interest: Provided further , that the Joint Office shall coordinate with Department of Transportation and Department of Energy offices with jurisdiction over aviation decarbonization, including the Department of Transportation Federal Aviation Administration, and the Department of Energy’s Bioenergy Technology Office, Hydrogen and Fuel Cell Technologies Office, and Vehicle Technologies Office, as well as with other Federal agencies with jurisdiction including the Environmental Protection Agency, the National Aeronautics and Space Administration, the Department of Defense, including the Air Force and Space Force, and the Department of Agriculture, to streamline and coordinate efforts to reduce aerospace emissions: Provided further , that the Joint Office shall, in addition to the other duties listed in this paragraph, study, plan, coordinate, and implement issues of joint concern between the two agencies with respect to low or zero emissions vessels and ports, including at a minimum: (1) research and technical assistance related to the development, certification, operation, and maintenance of low or zero emission vessels, medium and heavy duty transportation vehicles, and relevant port equipment, refueling and charging infrastructure, power supply and distribution infrastructure, alternative sustainable low-carbon fuels and fueling infrastructure including biofuels, clean hydrogen, methanol and ammonia, and associated technologies critical to their deployment; (2) data sharing with respect to the installation, operation, maintenance, and utilization of charging and refueling infrastructure at ports and freight facilities; (3) development and deployment of workforce training programs related to the development, construction, and maintenance of vessels, equipment, and charging and refueling infrastructure; (4) the development and establishment of green maritime corridors, including for shipping and cruises; and (5) any other issues that the Secretary of Transportation and the Secretary identify as issues of joint interest: Provided further , that the Joint Office shall coordinate with Department of Transportation and Department of Energy offices with jurisdiction over maritime transportation decarbonization, including the Department of Transportation Federal Maritime Administration, and the Department of Energy’s Bioenergy Technology Office, Office of Electricity, Grid Deployment Office, Hydrogen and Fuel Cell Technologies Office, Water Power Technologies Office, and Vehicle Technologies Office, as well as with other federal agencies with jurisdiction including the Department of State, the Environmental Protection Agency, the Department of Defense, including the Navy, and the Coast Guard to streamline and coordinate efforts to reduce maritime emissions: Provided further , (1) The Office, in conjunction with the Department of State and the aforementioned agencies, shall provide a report to Congress identifying barriers to decarbonization of maritime vessels, including fueling availability and cost differential, technology research and development needs, vehicle availability, international cooperation, and other barriers not later than 180 days after enactment: (2) The Office, in conjunction with the aforementioned agencies, shall provide a report to Congress with an analysis of economic and financial measures required to address barriers and increase zero emissions technology, infrastructure and clean fuels development, deployment, adoption and end use: Provided further , that the Joint Office shall coordinate with Department of Transportation and Department of Energy offices with jurisdiction over medium and heavy duty transportation decarbonization, including the Department of Transportation Federal Highways Administration, National Highway Traffic Safety Administration, and Federal Motor Carrier Safety Administration, and the Department of Energy’s Bioenergy Technology Office, Hydrogen and Fuel Cell Technologies Office, and Vehicle Technologies Office, as well as other federal agencies with jurisdiction over medium and heavy duty transportation decarbonization, including the Environmental Protection Agency and Department of Homeland Security, to streamline and coordinate efforts to reduce emissions for freight transportation. (A) The Office shall provide a report to Congress identifying barriers to decarbonization of medium and heavy duty road transportation, including charging and fueling availability, technology research and development needs, vehicle availability, battery and component cost and supply constraints, potential regulatory impediments such as vehicle weight allowance and treatment of near-zero emissions technologies, and other barriers not later than 180 days after enactment. (B) The Joint Office shall develop technical assistance, and support research to support the decarbonization of medium and heavy duty trucks and other freight transportation equipment and operations. The Joint Office shall support research, planning, and funding for charging and fueling infrastructure that supports medium and heavy duty vehicle electrification including high-powered charging depots, hydrogen fueling infrastructure, grid reliability solutions, smart charge management, and distributed energy resources, including integration with on-site energy storage and renewable energy generation. (C) The Joint Office shall identify and support the development and deployment of alternative sustainable low-carbon fuels including biofuels, clean hydrogen, methanol, and ammonia, and associated powertrain technologies, including batteries, fuel cells, and hydrogen internal combustion engines. Provided further , That the Joint Office of Energy and Transportation shall identify and prioritize technical assistance, research, workforce development, and funding opportunities for industry education and outreach programs to support the decarbonization of commercial motor vehicles and fleets transitioning to electric vehicles. (A) The Joint Office shall identify opportunities to support the wide scale adoption of zero- and near-zero emission vehicles in fleets, including identifying tools, resources, and funding to help fleet owners and operators transition to ZEV. (B) The Joint Office shall coordinate with stakeholders, including administrators of State grant programs, truck and engine manufacturers, trucking fleets, State trucking associations, electric ride hail providers, electric carshare operators, Clean Cities coalitions, Tribal nations, and PUCs, to identify opportunities to advance electrification and decarbonization of medium and heavy duty vehicles: Provided further , that the Joint Office of Energy and Transportation shall develop pathways, and provide recommendations to Congress as necessary, to ensure availability of low or zero emissions vehicles, vessels, and equipment critical to decarbonizing the transportation sector that are compliant with federal requirements for domestic sourcing: Provided further , that there are authorized to be appropriated for each of fiscal years 2024 through 2032 such sums as are necessary to carry out this section..
9,915
[ "Transportation and Infrastructure Committee", "Science, Space, and Technology Committee", "Energy and Commerce Committee" ]
118hr6946ih
118
hr
6,946
ih
To direct the Secretary of Defense to establish a compensation fund for military firefighters exposed to PFAS.
[ { "text": "1. Compensation fund for military firefighters \n(a) Program and fund established \nNot later than two years after the date of enactment of this Act, the Secretary of Defense shall establish a program and fund to be known as the Military Firefighters Compensation Fund. (b) Purpose of program \nThe purpose of the compensation program is to provide for timely, uniform, and adequate compensation to current and former military firefighters and, where applicable, survivors of such employees, suffering from illnesses incurred by such employees in the performance of duty for the Department of Defense and certain of its contractors and subcontractors due to exposure to per- and polyfluoroalkyl substances, or PFAS. (c) PFAS exposure \nCurrent and former military firefighters shall, in the absence of substantial evidence to the contrary, be determined to have been exposed to PFAS in the performance of duty for the purposes of the compensation program if such firefighter was employed at a military installation, facility of the National Guard, of formerly used defense site during a period when PFAS would have been present at such facility. (d) Compensation provided \nA current or former military firefighter, or the survivor of such firefighter if the firefighter is deceased, shall receive compensation for the disability or death of that employee from that employee’s occupational illness. (e) Payments in the case of deceased persons \n(1) Claim filed \nIn the case of a military firefighter who is deceased at the time of payment of compensation under this section, whether or not the death is the result of the firefighter’s occupational illness, such payment may be made only as follows: (A) If the military firefighter is survived by a spouse who is living at the time of payment, such payment shall be made to such surviving spouse. (B) If there is no surviving spouse described in subparagraph (A), such payment shall be made in equal shares to all children of the military firefighter who are living at the time of payment. (C) If there is no surviving spouse described in subparagraph (A) and if there are no children described in subparagraph (B), such payment shall be made in equal shares to the parents of the military firefighter who are living at the time of payment. (D) If there is no surviving spouse described in subparagraph (A), and if there are no children described in subparagraph (B) or parents described in subparagraph (C), such payment shall be made in equal shares to all grandchildren of the military firefighter who are living at the time of payment. (E) If there is no surviving spouse described in subparagraph (A), and if there are no children described in subparagraph (B), parents described in subparagraph (C), or grandchildren described in subparagraph (D), then such payment shall be made in equal shares to the grandparents of the military firefighter who are living at the time of payment. (F) Notwithstanding the other provisions of this paragraph, if there is— (i) a surviving spouse described in subparagraph (A); and (ii) at least one child of the military firefighter who is living and a minor at the time of payment and who is not a recognized natural child or adopted child of such surviving spouse, then half of such payment shall be made to such surviving spouse, and the other half of such payment shall be made in equal shares to each child of the military firefighter who is living and a minor at the time of payment. (2) Before filing of claim \nIf a current or former military firefighter eligible for payment dies before filing a claim under this section, a survivor of that firefighter who may receive payment under paragraph (1) may file a claim for such payment. (3) Definitions \nIn this subsection: (A) The term child includes a recognized natural child, a stepchild who lived with an individual in a regular parent-child relationship, or an adopted child. (B) The term grandchild means the child of a child of an individual. (C) The term grandparent means the parent of a parent of an individual. (D) The term parent includes fathers and mothers through adoption. (E) The term spouse means the wife or husband of a deceased individual who was married to such individual for at least one year immediately before such death. (f) Medical benefits provided \nThe Secretary shall furnish, to an individual receiving medical benefits under this section for an illness, the services, appliances, and supplies prescribed or recommended by a qualified physician for that illness. (g) Transportation and expenses \nThe individual may be furnished necessary and reasonable transportation and expenses incident to the securing of such services, appliances, and supplies. (h) Commencement of benefits \nAn individual receiving benefits under this section shall be furnished those benefits as of the date on which that individual submitted the claim for those benefits in accordance with this section. (i) Definitions \nIn this section: (1) The term military firefighter means a member of the Armed Forces or a civilian employee of the Department of Defense whose military occupational specialty or primary duties are fire suppression and prevention. (2) The term military installation has the meaning given such term in section 2801(c)(4) of title 10, United States Code. (3) The term PFAS means perfluoroalkyl and polyfluoroalkyl substances. (4) The term perfluoroalkyl substance means a man-made chemical of which all the carbon atoms are fully fluorinated carbon atoms. (5) The term polyfluoroalkyl substance means a man-made chemical with at least one fully fluorinated carbon atom and at least one nonfluorinated carbon atom. (j) Authorization for compensation fund \nThere is hereby authorized such sums as may be necessary to carry out this section.", "id": "H181EC83C82C345959EA4029CE13E315E", "header": "Compensation fund for military firefighters", "nested": [ { "text": "(a) Program and fund established \nNot later than two years after the date of enactment of this Act, the Secretary of Defense shall establish a program and fund to be known as the Military Firefighters Compensation Fund.", "id": "HBD2FD3DA55B448F68C39F4350BBCC8D8", "header": "Program and fund established", "nested": [], "links": [] }, { "text": "(b) Purpose of program \nThe purpose of the compensation program is to provide for timely, uniform, and adequate compensation to current and former military firefighters and, where applicable, survivors of such employees, suffering from illnesses incurred by such employees in the performance of duty for the Department of Defense and certain of its contractors and subcontractors due to exposure to per- and polyfluoroalkyl substances, or PFAS.", "id": "HBD423618743748E796A54D8D70D9C759", "header": "Purpose of program", "nested": [], "links": [] }, { "text": "(c) PFAS exposure \nCurrent and former military firefighters shall, in the absence of substantial evidence to the contrary, be determined to have been exposed to PFAS in the performance of duty for the purposes of the compensation program if such firefighter was employed at a military installation, facility of the National Guard, of formerly used defense site during a period when PFAS would have been present at such facility.", "id": "H0452ED49C98B4F1D8E03111218B8B733", "header": "PFAS exposure", "nested": [], "links": [] }, { "text": "(d) Compensation provided \nA current or former military firefighter, or the survivor of such firefighter if the firefighter is deceased, shall receive compensation for the disability or death of that employee from that employee’s occupational illness.", "id": "HC2CC1A3C592C424D84B98EE2F7463833", "header": "Compensation provided", "nested": [], "links": [] }, { "text": "(e) Payments in the case of deceased persons \n(1) Claim filed \nIn the case of a military firefighter who is deceased at the time of payment of compensation under this section, whether or not the death is the result of the firefighter’s occupational illness, such payment may be made only as follows: (A) If the military firefighter is survived by a spouse who is living at the time of payment, such payment shall be made to such surviving spouse. (B) If there is no surviving spouse described in subparagraph (A), such payment shall be made in equal shares to all children of the military firefighter who are living at the time of payment. (C) If there is no surviving spouse described in subparagraph (A) and if there are no children described in subparagraph (B), such payment shall be made in equal shares to the parents of the military firefighter who are living at the time of payment. (D) If there is no surviving spouse described in subparagraph (A), and if there are no children described in subparagraph (B) or parents described in subparagraph (C), such payment shall be made in equal shares to all grandchildren of the military firefighter who are living at the time of payment. (E) If there is no surviving spouse described in subparagraph (A), and if there are no children described in subparagraph (B), parents described in subparagraph (C), or grandchildren described in subparagraph (D), then such payment shall be made in equal shares to the grandparents of the military firefighter who are living at the time of payment. (F) Notwithstanding the other provisions of this paragraph, if there is— (i) a surviving spouse described in subparagraph (A); and (ii) at least one child of the military firefighter who is living and a minor at the time of payment and who is not a recognized natural child or adopted child of such surviving spouse, then half of such payment shall be made to such surviving spouse, and the other half of such payment shall be made in equal shares to each child of the military firefighter who is living and a minor at the time of payment. (2) Before filing of claim \nIf a current or former military firefighter eligible for payment dies before filing a claim under this section, a survivor of that firefighter who may receive payment under paragraph (1) may file a claim for such payment. (3) Definitions \nIn this subsection: (A) The term child includes a recognized natural child, a stepchild who lived with an individual in a regular parent-child relationship, or an adopted child. (B) The term grandchild means the child of a child of an individual. (C) The term grandparent means the parent of a parent of an individual. (D) The term parent includes fathers and mothers through adoption. (E) The term spouse means the wife or husband of a deceased individual who was married to such individual for at least one year immediately before such death.", "id": "H637E6021B39E4956965D1E1091120C58", "header": "Payments in the case of deceased persons", "nested": [], "links": [] }, { "text": "(f) Medical benefits provided \nThe Secretary shall furnish, to an individual receiving medical benefits under this section for an illness, the services, appliances, and supplies prescribed or recommended by a qualified physician for that illness.", "id": "HECD0CE91571C4708AC601B07F573B062", "header": "Medical benefits provided", "nested": [], "links": [] }, { "text": "(g) Transportation and expenses \nThe individual may be furnished necessary and reasonable transportation and expenses incident to the securing of such services, appliances, and supplies.", "id": "HE17536E4A3504D96921C055FE7C6E466", "header": "Transportation and expenses", "nested": [], "links": [] }, { "text": "(h) Commencement of benefits \nAn individual receiving benefits under this section shall be furnished those benefits as of the date on which that individual submitted the claim for those benefits in accordance with this section.", "id": "H3474BBB2C3F343CE8C6FACFE96F82C19", "header": "Commencement of benefits", "nested": [], "links": [] }, { "text": "(i) Definitions \nIn this section: (1) The term military firefighter means a member of the Armed Forces or a civilian employee of the Department of Defense whose military occupational specialty or primary duties are fire suppression and prevention. (2) The term military installation has the meaning given such term in section 2801(c)(4) of title 10, United States Code. (3) The term PFAS means perfluoroalkyl and polyfluoroalkyl substances. (4) The term perfluoroalkyl substance means a man-made chemical of which all the carbon atoms are fully fluorinated carbon atoms. (5) The term polyfluoroalkyl substance means a man-made chemical with at least one fully fluorinated carbon atom and at least one nonfluorinated carbon atom.", "id": "H63111C9B8BB64762871233E676937B35", "header": "Definitions", "nested": [], "links": [] }, { "text": "(j) Authorization for compensation fund \nThere is hereby authorized such sums as may be necessary to carry out this section.", "id": "H9F0B698A2A3942B7AC7880629D4C2C97", "header": "Authorization for compensation fund", "nested": [], "links": [] } ], "links": [] } ]
1
1. Compensation fund for military firefighters (a) Program and fund established Not later than two years after the date of enactment of this Act, the Secretary of Defense shall establish a program and fund to be known as the Military Firefighters Compensation Fund. (b) Purpose of program The purpose of the compensation program is to provide for timely, uniform, and adequate compensation to current and former military firefighters and, where applicable, survivors of such employees, suffering from illnesses incurred by such employees in the performance of duty for the Department of Defense and certain of its contractors and subcontractors due to exposure to per- and polyfluoroalkyl substances, or PFAS. (c) PFAS exposure Current and former military firefighters shall, in the absence of substantial evidence to the contrary, be determined to have been exposed to PFAS in the performance of duty for the purposes of the compensation program if such firefighter was employed at a military installation, facility of the National Guard, of formerly used defense site during a period when PFAS would have been present at such facility. (d) Compensation provided A current or former military firefighter, or the survivor of such firefighter if the firefighter is deceased, shall receive compensation for the disability or death of that employee from that employee’s occupational illness. (e) Payments in the case of deceased persons (1) Claim filed In the case of a military firefighter who is deceased at the time of payment of compensation under this section, whether or not the death is the result of the firefighter’s occupational illness, such payment may be made only as follows: (A) If the military firefighter is survived by a spouse who is living at the time of payment, such payment shall be made to such surviving spouse. (B) If there is no surviving spouse described in subparagraph (A), such payment shall be made in equal shares to all children of the military firefighter who are living at the time of payment. (C) If there is no surviving spouse described in subparagraph (A) and if there are no children described in subparagraph (B), such payment shall be made in equal shares to the parents of the military firefighter who are living at the time of payment. (D) If there is no surviving spouse described in subparagraph (A), and if there are no children described in subparagraph (B) or parents described in subparagraph (C), such payment shall be made in equal shares to all grandchildren of the military firefighter who are living at the time of payment. (E) If there is no surviving spouse described in subparagraph (A), and if there are no children described in subparagraph (B), parents described in subparagraph (C), or grandchildren described in subparagraph (D), then such payment shall be made in equal shares to the grandparents of the military firefighter who are living at the time of payment. (F) Notwithstanding the other provisions of this paragraph, if there is— (i) a surviving spouse described in subparagraph (A); and (ii) at least one child of the military firefighter who is living and a minor at the time of payment and who is not a recognized natural child or adopted child of such surviving spouse, then half of such payment shall be made to such surviving spouse, and the other half of such payment shall be made in equal shares to each child of the military firefighter who is living and a minor at the time of payment. (2) Before filing of claim If a current or former military firefighter eligible for payment dies before filing a claim under this section, a survivor of that firefighter who may receive payment under paragraph (1) may file a claim for such payment. (3) Definitions In this subsection: (A) The term child includes a recognized natural child, a stepchild who lived with an individual in a regular parent-child relationship, or an adopted child. (B) The term grandchild means the child of a child of an individual. (C) The term grandparent means the parent of a parent of an individual. (D) The term parent includes fathers and mothers through adoption. (E) The term spouse means the wife or husband of a deceased individual who was married to such individual for at least one year immediately before such death. (f) Medical benefits provided The Secretary shall furnish, to an individual receiving medical benefits under this section for an illness, the services, appliances, and supplies prescribed or recommended by a qualified physician for that illness. (g) Transportation and expenses The individual may be furnished necessary and reasonable transportation and expenses incident to the securing of such services, appliances, and supplies. (h) Commencement of benefits An individual receiving benefits under this section shall be furnished those benefits as of the date on which that individual submitted the claim for those benefits in accordance with this section. (i) Definitions In this section: (1) The term military firefighter means a member of the Armed Forces or a civilian employee of the Department of Defense whose military occupational specialty or primary duties are fire suppression and prevention. (2) The term military installation has the meaning given such term in section 2801(c)(4) of title 10, United States Code. (3) The term PFAS means perfluoroalkyl and polyfluoroalkyl substances. (4) The term perfluoroalkyl substance means a man-made chemical of which all the carbon atoms are fully fluorinated carbon atoms. (5) The term polyfluoroalkyl substance means a man-made chemical with at least one fully fluorinated carbon atom and at least one nonfluorinated carbon atom. (j) Authorization for compensation fund There is hereby authorized such sums as may be necessary to carry out this section.
5,800
[ "Armed Services Committee" ]
118hr6652ih
118
hr
6,652
ih
To amend the Equal Credit Opportunity Act to require the collection of small business loan data related to LGBTQI-owned businesses.
[ { "text": "1. Short title \nThis Act may be cited as the LGBTQI Business Equal Credit Enforcement and Investment Act.", "id": "HDAB90144B3DC46759D0B67FC78B88FA0", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Small business loan data collection \nSection 704B of the Equal Credit Opportunity Act ( 15 U.S.C. 1691c–2 ) is amended— (1) by inserting LGBTQI-owned, after minority-owned, each place such term appears; (2) in subsection (e)(2)(G), by inserting , sexual orientation, gender identity, intersex status after sex ; and (3) in subsection (h), by adding at the end the following: (7) LGBTQI-owned business \nThe term LGBTQI-owned business means a business— (A) more than 50 percent of the ownership or control of which is held by 1 or more individuals self-identifying as lesbian, gay, bisexual, transgender, queer, or intersex; and (B) more than 50 percent of the net profit or loss of which accrues to 1 or more individuals self-identifying as lesbian, gay, bisexual, transgender, queer, or intersex..", "id": "HC43812C12A9846449FE4E4C413CB4C51", "header": "Small business loan data collection", "nested": [], "links": [ { "text": "15 U.S.C. 1691c–2", "legal-doc": "usc", "parsable-cite": "usc/15/1691c-2" } ] } ]
2
1. Short title This Act may be cited as the LGBTQI Business Equal Credit Enforcement and Investment Act. 2. Small business loan data collection Section 704B of the Equal Credit Opportunity Act ( 15 U.S.C. 1691c–2 ) is amended— (1) by inserting LGBTQI-owned, after minority-owned, each place such term appears; (2) in subsection (e)(2)(G), by inserting , sexual orientation, gender identity, intersex status after sex ; and (3) in subsection (h), by adding at the end the following: (7) LGBTQI-owned business The term LGBTQI-owned business means a business— (A) more than 50 percent of the ownership or control of which is held by 1 or more individuals self-identifying as lesbian, gay, bisexual, transgender, queer, or intersex; and (B) more than 50 percent of the net profit or loss of which accrues to 1 or more individuals self-identifying as lesbian, gay, bisexual, transgender, queer, or intersex..
906
[ "Financial Services Committee" ]
118hr263ih
118
hr
263
ih
To prohibit any rule or guidance that bans gas stoves in the United States.
[ { "text": "1. Short title \nThis Act may be cited as the Stop Trying to Obsessively Vilify Energy Act or the STOVE Act.", "id": "HCC92CAAAFF0E49DBB3838D32289746ED", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Prohibition on promulgating any rule or guidance that bans gas stoves in the United States \nNo Federal agency may propose, implement, or finalize a rule or guidance that restricts or bans the use and purchase of gas-powered stoves, cooktops, ranges, or ovens in the United States.", "id": "H0737A193AFEB4D57A71D769041521046", "header": "Prohibition on promulgating any rule or guidance that bans gas stoves in the United States", "nested": [], "links": [] } ]
2
1. Short title This Act may be cited as the Stop Trying to Obsessively Vilify Energy Act or the STOVE Act. 2. Prohibition on promulgating any rule or guidance that bans gas stoves in the United States No Federal agency may propose, implement, or finalize a rule or guidance that restricts or bans the use and purchase of gas-powered stoves, cooktops, ranges, or ovens in the United States.
391
[ "Energy and Commerce Committee" ]
118hr7292ih
118
hr
7,292
ih
To amend title XI of the Social Security Act to lower barriers to increase patient access to health care.
[ { "text": "1. Short title \nThis Act may be cited as the Health Accelerating Consumer’s Care by Expediting Self-Scheduling Act or the Health ACCESS Act.", "id": "H9DBE0310EADE4B769E5CD0066DB9B4E3", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Amendments to section 1128B \nSection 1128B(b) of the Social Security Act (42 U.S.C. 1320a–7b(b)) is amended— (1) in paragraph (3)— (A) by moving the margin of subparagraphs (J) and (K) 2 ems to the left; (B) in subparagraph (K), by striking and after the semicolon at the end; (C) in subparagraph (L), by striking the period at the end and inserting ; and ; and (D) by adding at the end the following new subparagraph: (M) any remuneration paid by a provider of services (as defined in section 1861(u)) or a supplier (as defined in section 1861(d)) to an information service provider (as defined in paragraph (5)), if— (i) such information service provider does not— (I) steer or lead a consumer to select a particular provider of services or supplier based on the amount a provider of services or supplier pays or may pay the information service provider; (II) provide, or represent itself as providing, any medical items or services, diagnostic or counseling services, or assessments of illness or injury, or make any promises of cure or guarantees of treatment; (III) provide contact information regarding a consumer (as defined in paragraph (5)) to providers of services or suppliers, except to the specific provider of services or supplier selected by the consumer; (IV) provide or arrange for transportation of an individual to, or from, the location of a provider of services or supplier; (V) provide or arrange for the provision of any other remuneration to a Federal health care program beneficiary other than the inherent convenience of the information service; or (VI) engage in targeted marketing of a particular provider of services or supplier through phone calls or text messages, with respect to consumers or potential consumers who have not previously interacted with the information service provider and who have not opted out; (ii) the methodology for determining compensation paid to the information service provider by a provider of services or supplier is set in advance in writing, and the compensation— (I) does not exceed fair market value; (II) is for services, specified in writing; and (III) does not take into account the value of any items or services payable in whole or in part by a Federal health care program that result from recommendations by the information service provider for the provider of services or supplier; (iii) such information service provider clearly discloses the financial arrangement between it and the providers of services or suppliers participating in such service to consumers; (iv) such information service provider furnishes provider- and supplier-specific information to consumers based only on objective, consumer-centric criteria; (v) such information service provider develops objective criteria for participation in such information service and does not exclude any providers of services or suppliers who meet such criteria from participating therein; and (vi) such information service provider meets other conditions that may be determined by the Secretary. ; and (2) by adding at the end the following new paragraph: (5) Definitions \nFor purposes of paragraph (3)(M): (A) Consumer \nThe term consumer means an individual who uses a platform provided by an information service provider for the purpose of searching providers of services or suppliers. (B) Information service provider \nThe term information service provider means any individual or entity operating a web-based platform that makes information regarding providers of services or suppliers available to consumers..", "id": "H977069776F6A46F583D98E571FDEDDCC", "header": "Amendments to section 1128B", "nested": [], "links": [] } ]
2
1. Short title This Act may be cited as the Health Accelerating Consumer’s Care by Expediting Self-Scheduling Act or the Health ACCESS Act. 2. Amendments to section 1128B Section 1128B(b) of the Social Security Act (42 U.S.C. 1320a–7b(b)) is amended— (1) in paragraph (3)— (A) by moving the margin of subparagraphs (J) and (K) 2 ems to the left; (B) in subparagraph (K), by striking and after the semicolon at the end; (C) in subparagraph (L), by striking the period at the end and inserting ; and ; and (D) by adding at the end the following new subparagraph: (M) any remuneration paid by a provider of services (as defined in section 1861(u)) or a supplier (as defined in section 1861(d)) to an information service provider (as defined in paragraph (5)), if— (i) such information service provider does not— (I) steer or lead a consumer to select a particular provider of services or supplier based on the amount a provider of services or supplier pays or may pay the information service provider; (II) provide, or represent itself as providing, any medical items or services, diagnostic or counseling services, or assessments of illness or injury, or make any promises of cure or guarantees of treatment; (III) provide contact information regarding a consumer (as defined in paragraph (5)) to providers of services or suppliers, except to the specific provider of services or supplier selected by the consumer; (IV) provide or arrange for transportation of an individual to, or from, the location of a provider of services or supplier; (V) provide or arrange for the provision of any other remuneration to a Federal health care program beneficiary other than the inherent convenience of the information service; or (VI) engage in targeted marketing of a particular provider of services or supplier through phone calls or text messages, with respect to consumers or potential consumers who have not previously interacted with the information service provider and who have not opted out; (ii) the methodology for determining compensation paid to the information service provider by a provider of services or supplier is set in advance in writing, and the compensation— (I) does not exceed fair market value; (II) is for services, specified in writing; and (III) does not take into account the value of any items or services payable in whole or in part by a Federal health care program that result from recommendations by the information service provider for the provider of services or supplier; (iii) such information service provider clearly discloses the financial arrangement between it and the providers of services or suppliers participating in such service to consumers; (iv) such information service provider furnishes provider- and supplier-specific information to consumers based only on objective, consumer-centric criteria; (v) such information service provider develops objective criteria for participation in such information service and does not exclude any providers of services or suppliers who meet such criteria from participating therein; and (vi) such information service provider meets other conditions that may be determined by the Secretary. ; and (2) by adding at the end the following new paragraph: (5) Definitions For purposes of paragraph (3)(M): (A) Consumer The term consumer means an individual who uses a platform provided by an information service provider for the purpose of searching providers of services or suppliers. (B) Information service provider The term information service provider means any individual or entity operating a web-based platform that makes information regarding providers of services or suppliers available to consumers..
3,686
[ "Energy and Commerce Committee", "Ways and Means Committee" ]
118hr5413ih
118
hr
5,413
ih
To require the Secretary of Education to issue a rule requiring schools to implement protocols for suicide prevention, postvention, and trauma-informed care.
[ { "text": "1. Short title \nThis Act may be cited as the Prevent Youth Suicide Act.", "id": "H7D8175B6874848999BB3D5B7D2CA0ABD", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Rules on protocols for suicide prevention at any educational agency or institution serving students in grades 6 through grade 12 \n(a) Rule \nNot later than 210 days after the date of enactment of this Act, the Secretary of Education shall issue a rule requiring, as a condition of receipt of funds under an applicable program, that an educational agency or institution carry out each of the following: (1) School-based suicide prevention protocols \nThe development and implementation of evidence-based suicide prevention programs tailored to the needs of students, which shall include— (A) biennial, evidence-based training for staff and faculty to— (i) identify signs of distress and risk factors for suicide in students; and (ii) in a case in which a student has been identified as exhibiting such signs or risk factors, guidelines for reporting such identification to parents and guidance counselors, and responding to concerns from such parents and counselors; (B) establishing a referral system to connect students in need to appropriate mental health resources at school and outside of school; and (C) conducting awareness campaigns and educational initiatives to reduce stigma associated with seeking help for mental health concerns. (2) Suicide postvention support \nThe development and implementation of a suicide postvention plan to address the aftermath of a suicide, focusing on providing support to affected students, staff, and the broader community, which shall include— (A) guidelines for communication, memorialization, and resources for grief counseling; and (B) collaboration with mental health professionals and community organizations to ensure comprehensive postvention support. (3) Trauma-informed care \nThe adoption of a trauma-informed approach in policies and practices to create a safe and supportive environment for all students, which shall include the provision of biennial trauma-sensitive training for school staff to help such staff understand the potential impact of trauma on students and to promote appropriate responses. (b) Additional requirements for the Secretary of Education \n(1) Technical assistance \nThe Secretary shall provide each educational agency or institution subject to the rule issued under subsection (a) with the resources, guidelines, and technical assistance to comply with the requirements of such rule. (2) Compliance monitoring \nThe Secretary shall establish to ensure compliance with the rule issued under subsection (a), which shall include periodic assessments, evaluations, and audits of each such educational agency or institution. (3) Feedback and improvement \nThe Secretary shall— (A) encourage educational agencies and institutions to provide feedback to the Secretary on the effectiveness of the requirements issued under the rule; and (B) review such feedback and make necessary revisions to such rule.", "id": "HF417E4BFF8184DE7AA50C34B35BAAD6A", "header": "Rules on protocols for suicide prevention at any educational agency or institution serving students in grades 6 through grade 12", "nested": [ { "text": "(a) Rule \nNot later than 210 days after the date of enactment of this Act, the Secretary of Education shall issue a rule requiring, as a condition of receipt of funds under an applicable program, that an educational agency or institution carry out each of the following: (1) School-based suicide prevention protocols \nThe development and implementation of evidence-based suicide prevention programs tailored to the needs of students, which shall include— (A) biennial, evidence-based training for staff and faculty to— (i) identify signs of distress and risk factors for suicide in students; and (ii) in a case in which a student has been identified as exhibiting such signs or risk factors, guidelines for reporting such identification to parents and guidance counselors, and responding to concerns from such parents and counselors; (B) establishing a referral system to connect students in need to appropriate mental health resources at school and outside of school; and (C) conducting awareness campaigns and educational initiatives to reduce stigma associated with seeking help for mental health concerns. (2) Suicide postvention support \nThe development and implementation of a suicide postvention plan to address the aftermath of a suicide, focusing on providing support to affected students, staff, and the broader community, which shall include— (A) guidelines for communication, memorialization, and resources for grief counseling; and (B) collaboration with mental health professionals and community organizations to ensure comprehensive postvention support. (3) Trauma-informed care \nThe adoption of a trauma-informed approach in policies and practices to create a safe and supportive environment for all students, which shall include the provision of biennial trauma-sensitive training for school staff to help such staff understand the potential impact of trauma on students and to promote appropriate responses.", "id": "H19577D05E268435484A7607402060DC5", "header": "Rule", "nested": [], "links": [] }, { "text": "(b) Additional requirements for the Secretary of Education \n(1) Technical assistance \nThe Secretary shall provide each educational agency or institution subject to the rule issued under subsection (a) with the resources, guidelines, and technical assistance to comply with the requirements of such rule. (2) Compliance monitoring \nThe Secretary shall establish to ensure compliance with the rule issued under subsection (a), which shall include periodic assessments, evaluations, and audits of each such educational agency or institution. (3) Feedback and improvement \nThe Secretary shall— (A) encourage educational agencies and institutions to provide feedback to the Secretary on the effectiveness of the requirements issued under the rule; and (B) review such feedback and make necessary revisions to such rule.", "id": "HEF99B98F515540E5A9D3144A045B7BED", "header": "Additional requirements for the Secretary of Education", "nested": [], "links": [] } ], "links": [] }, { "text": "3. Definitions \nIn this Act: (1) Applicable program \nThe term applicable program has the meaning given the term in section 400 of the General Education Provisions Act ( 20 U.S.C. 1221 ). (2) Educational agency or institution \nThe term educational agency or institution means an educational agency or institution (as defined in section 444(a)(3) of the General Education Provisions Act ( 20 U.S.C. 1232g )) that serves students in any grade from grade 6 through grade 12, as determined under State law. (3) Parent \nThe term parent has the meaning given the term in section 8101 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7801 ). (4) Secretary \nThe term Secretary means the Secretary of Education. (5) Suicide postvention \nThe term suicide postvention means activities and support provided after a suicide has occurred, designed to help individuals cope with the loss, minimize potential negative impacts, and prevent contagion. (6) Suicide prevention \nThe term suicide prevention means comprehensive strategies and actions aimed at identifying individuals at risk of suicide, providing appropriate interventions, and fostering a supportive environment to reduce the likelihood of suicidal behavior. (7) Trauma-informed care \nThe term trauma-informed care means an approach based on an understanding of the vulnerabilities and triggers of individuals who have experienced trauma, recognize the role trauma has played in the lives of those individuals, recognize the presence of trauma symptoms and their onset, are supportive of trauma recovery, and avoid further traumatization.", "id": "H9F68E259D13D4887884016C332C9C397", "header": "Definitions", "nested": [], "links": [ { "text": "20 U.S.C. 1221", "legal-doc": "usc", "parsable-cite": "usc/20/1221" }, { "text": "20 U.S.C. 1232g", "legal-doc": "usc", "parsable-cite": "usc/20/1232g" }, { "text": "20 U.S.C. 7801", "legal-doc": "usc", "parsable-cite": "usc/20/7801" } ] } ]
3
1. Short title This Act may be cited as the Prevent Youth Suicide Act. 2. Rules on protocols for suicide prevention at any educational agency or institution serving students in grades 6 through grade 12 (a) Rule Not later than 210 days after the date of enactment of this Act, the Secretary of Education shall issue a rule requiring, as a condition of receipt of funds under an applicable program, that an educational agency or institution carry out each of the following: (1) School-based suicide prevention protocols The development and implementation of evidence-based suicide prevention programs tailored to the needs of students, which shall include— (A) biennial, evidence-based training for staff and faculty to— (i) identify signs of distress and risk factors for suicide in students; and (ii) in a case in which a student has been identified as exhibiting such signs or risk factors, guidelines for reporting such identification to parents and guidance counselors, and responding to concerns from such parents and counselors; (B) establishing a referral system to connect students in need to appropriate mental health resources at school and outside of school; and (C) conducting awareness campaigns and educational initiatives to reduce stigma associated with seeking help for mental health concerns. (2) Suicide postvention support The development and implementation of a suicide postvention plan to address the aftermath of a suicide, focusing on providing support to affected students, staff, and the broader community, which shall include— (A) guidelines for communication, memorialization, and resources for grief counseling; and (B) collaboration with mental health professionals and community organizations to ensure comprehensive postvention support. (3) Trauma-informed care The adoption of a trauma-informed approach in policies and practices to create a safe and supportive environment for all students, which shall include the provision of biennial trauma-sensitive training for school staff to help such staff understand the potential impact of trauma on students and to promote appropriate responses. (b) Additional requirements for the Secretary of Education (1) Technical assistance The Secretary shall provide each educational agency or institution subject to the rule issued under subsection (a) with the resources, guidelines, and technical assistance to comply with the requirements of such rule. (2) Compliance monitoring The Secretary shall establish to ensure compliance with the rule issued under subsection (a), which shall include periodic assessments, evaluations, and audits of each such educational agency or institution. (3) Feedback and improvement The Secretary shall— (A) encourage educational agencies and institutions to provide feedback to the Secretary on the effectiveness of the requirements issued under the rule; and (B) review such feedback and make necessary revisions to such rule. 3. Definitions In this Act: (1) Applicable program The term applicable program has the meaning given the term in section 400 of the General Education Provisions Act ( 20 U.S.C. 1221 ). (2) Educational agency or institution The term educational agency or institution means an educational agency or institution (as defined in section 444(a)(3) of the General Education Provisions Act ( 20 U.S.C. 1232g )) that serves students in any grade from grade 6 through grade 12, as determined under State law. (3) Parent The term parent has the meaning given the term in section 8101 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7801 ). (4) Secretary The term Secretary means the Secretary of Education. (5) Suicide postvention The term suicide postvention means activities and support provided after a suicide has occurred, designed to help individuals cope with the loss, minimize potential negative impacts, and prevent contagion. (6) Suicide prevention The term suicide prevention means comprehensive strategies and actions aimed at identifying individuals at risk of suicide, providing appropriate interventions, and fostering a supportive environment to reduce the likelihood of suicidal behavior. (7) Trauma-informed care The term trauma-informed care means an approach based on an understanding of the vulnerabilities and triggers of individuals who have experienced trauma, recognize the role trauma has played in the lives of those individuals, recognize the presence of trauma symptoms and their onset, are supportive of trauma recovery, and avoid further traumatization.
4,546
[ "Education and the Workforce Committee" ]
118hr1720ih
118
hr
1,720
ih
To modify permitting requirements with respect to the discharge of any pollutant from the Point Loma Wastewater Treatment Plant in certain circumstances, and for other purposes.
[ { "text": "1. Short title \nThis Act may be cited as the Ocean Pollution Reduction Act II.", "id": "H34E7A6DD67AA42F28EAAC544B9C56A88", "header": "Short title", "nested": [], "links": [] }, { "text": "2. San Diego Point Loma permitting requirements \n(a) In general \nNotwithstanding any provision of the Federal Water Pollution Control Act ( 33 U.S.C. 1251 et seq. ), the Administrator may issue a permit under section 402 of the Federal Water Pollution Control Act ( 33 U.S.C. 1342 ) for a discharge from the Point Loma Plant into marine waters that requires compliance with the requirements described in subsection (b). (b) Conditions \nA permit issued under this section shall require— (1) maintenance of the currently designed deep ocean outfall from the Point Loma Plant with a discharge depth of not less than 300 feet and distance from the shore of not less than 4 miles; (2) as applicable to the term of the permit, discharge of not more than 12,000 metric tons of total suspended solids per year commencing on the date of enactment of this section, not more than 11,500 metric tons of total suspended solids per year commencing on December 31, 2027, and not more than 9,942 metric tons of total suspended solids per year commencing on December 31, 2029; (3) discharge of not more than 60 milligrams per liter of total suspended solids, calculated as a 30-day average; (4) removal of not less than 80 percent of total suspended solids on a monthly average and not less than 58 percent of biochemical oxygen demand on an annual average, taking into account removal occurring at all treatment processes for wastewater upstream from and at the Point Loma Plant; (5) attainment of all other effluent limitations of secondary treatment as determined by the Administrator pursuant to section 304(d)(1) of the Federal Water Pollution Control Act ( 33 U.S.C. 1314(d)(1) ), other than any requirements otherwise applicable to the discharge of biochemical oxygen demand and total suspended solids; (6) compliance with the requirements applicable to Federal issuance of a permit under section 402 of the Federal Water Pollution Control Act, including State concurrence consistent with section 401 of the Federal Water Pollution Control Act ( 33 U.S.C. 1341 ) and ocean discharge criteria evaluation pursuant to section 403 of the Federal Water Pollution Control Act ( 33 U.S.C. 1343 ); (7) implementation of the pretreatment program requirements of paragraphs (5) and (6) of section 301(h) of the Federal Water Pollution Control Act ( 33 U.S.C. 1311(h) ) in addition to the requirements of section 402(b)(8) of such Act ( 33 U.S.C. 1342(b)(8) ); (8) that the applicant provide 10 consecutive years of ocean monitoring data and analysis for the period immediately preceding the date of each application for a permit under this section sufficient to demonstrate to the satisfaction of the Administrator that the discharge of pollutants pursuant to a permit issued under this section will meet the requirements of section 301(h)(2) of the Federal Water Pollution Control Act ( 33 U.S.C. 1311(h)(2) ) and that the applicant has established and will maintain throughout the permit term an ocean monitoring program that meets or exceeds the requirements of section 301(h)(3) of such Act ( 33 U.S.C. 1311(h)(3) ); and (9) to the extent potable reuse is permitted by Federal and State regulatory agencies, that the applicant demonstrate that at least 83,000,000 gallons per day on an annual average of water suitable for potable reuse will be produced by December 31, 2037, taking into account production of water suitable for potable reuse occurring at all treatment processes for wastewater upstream from and at the Point Loma Plant. (c) Milestones \nThe Administrator shall determine development milestones necessary to ensure compliance with this section and include such milestones as conditions in each permit issued under this section before December 31, 2037. (d) Secondary treatment \nNothing in this section prevents the applicant from alternatively submitting an application for the Point Loma Plant that complies with secondary treatment pursuant to section 301(b)(1)(B) and section 402 of the Federal Water Pollution Control Act ( 33 U.S.C. 1311(b)(1)(B) ; 33 U.S.C. 1342 ). (e) Definitions \nIn this section: (1) Administrator \nThe term Administrator means the Administrator of the Environmental Protection Agency. (2) Biochemical oxygen demand \nThe term biochemical oxygen demand means biological oxygen demand, as such term is used in the Federal Water Pollution Control Act. (3) Point Loma Plant \nThe term Point Loma Plant means the Point Loma Wastewater Treatment Plant owned by the City of San Diego on the date of enactment of this Act. (4) State \nThe term State means the State of California.", "id": "H4095DBB869B44428891A4A281C949983", "header": "San Diego Point Loma permitting requirements", "nested": [ { "text": "(a) In general \nNotwithstanding any provision of the Federal Water Pollution Control Act ( 33 U.S.C. 1251 et seq. ), the Administrator may issue a permit under section 402 of the Federal Water Pollution Control Act ( 33 U.S.C. 1342 ) for a discharge from the Point Loma Plant into marine waters that requires compliance with the requirements described in subsection (b).", "id": "HD66C4E83BC5C452DBAA527D0483FF8B2", "header": "In general", "nested": [], "links": [ { "text": "33 U.S.C. 1251 et seq.", "legal-doc": "usc", "parsable-cite": "usc/33/1251" }, { "text": "33 U.S.C. 1342", "legal-doc": "usc", "parsable-cite": "usc/33/1342" } ] }, { "text": "(b) Conditions \nA permit issued under this section shall require— (1) maintenance of the currently designed deep ocean outfall from the Point Loma Plant with a discharge depth of not less than 300 feet and distance from the shore of not less than 4 miles; (2) as applicable to the term of the permit, discharge of not more than 12,000 metric tons of total suspended solids per year commencing on the date of enactment of this section, not more than 11,500 metric tons of total suspended solids per year commencing on December 31, 2027, and not more than 9,942 metric tons of total suspended solids per year commencing on December 31, 2029; (3) discharge of not more than 60 milligrams per liter of total suspended solids, calculated as a 30-day average; (4) removal of not less than 80 percent of total suspended solids on a monthly average and not less than 58 percent of biochemical oxygen demand on an annual average, taking into account removal occurring at all treatment processes for wastewater upstream from and at the Point Loma Plant; (5) attainment of all other effluent limitations of secondary treatment as determined by the Administrator pursuant to section 304(d)(1) of the Federal Water Pollution Control Act ( 33 U.S.C. 1314(d)(1) ), other than any requirements otherwise applicable to the discharge of biochemical oxygen demand and total suspended solids; (6) compliance with the requirements applicable to Federal issuance of a permit under section 402 of the Federal Water Pollution Control Act, including State concurrence consistent with section 401 of the Federal Water Pollution Control Act ( 33 U.S.C. 1341 ) and ocean discharge criteria evaluation pursuant to section 403 of the Federal Water Pollution Control Act ( 33 U.S.C. 1343 ); (7) implementation of the pretreatment program requirements of paragraphs (5) and (6) of section 301(h) of the Federal Water Pollution Control Act ( 33 U.S.C. 1311(h) ) in addition to the requirements of section 402(b)(8) of such Act ( 33 U.S.C. 1342(b)(8) ); (8) that the applicant provide 10 consecutive years of ocean monitoring data and analysis for the period immediately preceding the date of each application for a permit under this section sufficient to demonstrate to the satisfaction of the Administrator that the discharge of pollutants pursuant to a permit issued under this section will meet the requirements of section 301(h)(2) of the Federal Water Pollution Control Act ( 33 U.S.C. 1311(h)(2) ) and that the applicant has established and will maintain throughout the permit term an ocean monitoring program that meets or exceeds the requirements of section 301(h)(3) of such Act ( 33 U.S.C. 1311(h)(3) ); and (9) to the extent potable reuse is permitted by Federal and State regulatory agencies, that the applicant demonstrate that at least 83,000,000 gallons per day on an annual average of water suitable for potable reuse will be produced by December 31, 2037, taking into account production of water suitable for potable reuse occurring at all treatment processes for wastewater upstream from and at the Point Loma Plant.", "id": "H80375E95E1FA40EAAE5E6BF25B845641", "header": "Conditions", "nested": [], "links": [ { "text": "33 U.S.C. 1314(d)(1)", "legal-doc": "usc", "parsable-cite": "usc/33/1314" }, { "text": "33 U.S.C. 1341", "legal-doc": "usc", "parsable-cite": "usc/33/1341" }, { "text": "33 U.S.C. 1343", "legal-doc": "usc", "parsable-cite": "usc/33/1343" }, { "text": "33 U.S.C. 1311(h)", "legal-doc": "usc", "parsable-cite": "usc/33/1311" }, { "text": "33 U.S.C. 1342(b)(8)", "legal-doc": "usc", "parsable-cite": "usc/33/1342" }, { "text": "33 U.S.C. 1311(h)(2)", "legal-doc": "usc", "parsable-cite": "usc/33/1311" }, { "text": "33 U.S.C. 1311(h)(3)", "legal-doc": "usc", "parsable-cite": "usc/33/1311" } ] }, { "text": "(c) Milestones \nThe Administrator shall determine development milestones necessary to ensure compliance with this section and include such milestones as conditions in each permit issued under this section before December 31, 2037.", "id": "H35EEA7899CFF4E1394198514B40EA671", "header": "Milestones", "nested": [], "links": [] }, { "text": "(d) Secondary treatment \nNothing in this section prevents the applicant from alternatively submitting an application for the Point Loma Plant that complies with secondary treatment pursuant to section 301(b)(1)(B) and section 402 of the Federal Water Pollution Control Act ( 33 U.S.C. 1311(b)(1)(B) ; 33 U.S.C. 1342 ).", "id": "H6D4CACAB0A0D4CB79282DE17373D5C38", "header": "Secondary treatment", "nested": [], "links": [ { "text": "33 U.S.C. 1311(b)(1)(B)", "legal-doc": "usc", "parsable-cite": "usc/33/1311" }, { "text": "33 U.S.C. 1342", "legal-doc": "usc", "parsable-cite": "usc/33/1342" } ] }, { "text": "(e) Definitions \nIn this section: (1) Administrator \nThe term Administrator means the Administrator of the Environmental Protection Agency. (2) Biochemical oxygen demand \nThe term biochemical oxygen demand means biological oxygen demand, as such term is used in the Federal Water Pollution Control Act. (3) Point Loma Plant \nThe term Point Loma Plant means the Point Loma Wastewater Treatment Plant owned by the City of San Diego on the date of enactment of this Act. (4) State \nThe term State means the State of California.", "id": "H788E5CB8E5A64FA69EF77415E367A110", "header": "Definitions", "nested": [], "links": [] } ], "links": [ { "text": "33 U.S.C. 1251 et seq.", "legal-doc": "usc", "parsable-cite": "usc/33/1251" }, { "text": "33 U.S.C. 1342", "legal-doc": "usc", "parsable-cite": "usc/33/1342" }, { "text": "33 U.S.C. 1314(d)(1)", "legal-doc": "usc", "parsable-cite": "usc/33/1314" }, { "text": "33 U.S.C. 1341", "legal-doc": "usc", "parsable-cite": "usc/33/1341" }, { "text": "33 U.S.C. 1343", "legal-doc": "usc", "parsable-cite": "usc/33/1343" }, { "text": "33 U.S.C. 1311(h)", "legal-doc": "usc", "parsable-cite": "usc/33/1311" }, { "text": "33 U.S.C. 1342(b)(8)", "legal-doc": "usc", "parsable-cite": "usc/33/1342" }, { "text": "33 U.S.C. 1311(h)(2)", "legal-doc": "usc", "parsable-cite": "usc/33/1311" }, { "text": "33 U.S.C. 1311(h)(3)", "legal-doc": "usc", "parsable-cite": "usc/33/1311" }, { "text": "33 U.S.C. 1311(b)(1)(B)", "legal-doc": "usc", "parsable-cite": "usc/33/1311" }, { "text": "33 U.S.C. 1342", "legal-doc": "usc", "parsable-cite": "usc/33/1342" } ] } ]
2
1. Short title This Act may be cited as the Ocean Pollution Reduction Act II. 2. San Diego Point Loma permitting requirements (a) In general Notwithstanding any provision of the Federal Water Pollution Control Act ( 33 U.S.C. 1251 et seq. ), the Administrator may issue a permit under section 402 of the Federal Water Pollution Control Act ( 33 U.S.C. 1342 ) for a discharge from the Point Loma Plant into marine waters that requires compliance with the requirements described in subsection (b). (b) Conditions A permit issued under this section shall require— (1) maintenance of the currently designed deep ocean outfall from the Point Loma Plant with a discharge depth of not less than 300 feet and distance from the shore of not less than 4 miles; (2) as applicable to the term of the permit, discharge of not more than 12,000 metric tons of total suspended solids per year commencing on the date of enactment of this section, not more than 11,500 metric tons of total suspended solids per year commencing on December 31, 2027, and not more than 9,942 metric tons of total suspended solids per year commencing on December 31, 2029; (3) discharge of not more than 60 milligrams per liter of total suspended solids, calculated as a 30-day average; (4) removal of not less than 80 percent of total suspended solids on a monthly average and not less than 58 percent of biochemical oxygen demand on an annual average, taking into account removal occurring at all treatment processes for wastewater upstream from and at the Point Loma Plant; (5) attainment of all other effluent limitations of secondary treatment as determined by the Administrator pursuant to section 304(d)(1) of the Federal Water Pollution Control Act ( 33 U.S.C. 1314(d)(1) ), other than any requirements otherwise applicable to the discharge of biochemical oxygen demand and total suspended solids; (6) compliance with the requirements applicable to Federal issuance of a permit under section 402 of the Federal Water Pollution Control Act, including State concurrence consistent with section 401 of the Federal Water Pollution Control Act ( 33 U.S.C. 1341 ) and ocean discharge criteria evaluation pursuant to section 403 of the Federal Water Pollution Control Act ( 33 U.S.C. 1343 ); (7) implementation of the pretreatment program requirements of paragraphs (5) and (6) of section 301(h) of the Federal Water Pollution Control Act ( 33 U.S.C. 1311(h) ) in addition to the requirements of section 402(b)(8) of such Act ( 33 U.S.C. 1342(b)(8) ); (8) that the applicant provide 10 consecutive years of ocean monitoring data and analysis for the period immediately preceding the date of each application for a permit under this section sufficient to demonstrate to the satisfaction of the Administrator that the discharge of pollutants pursuant to a permit issued under this section will meet the requirements of section 301(h)(2) of the Federal Water Pollution Control Act ( 33 U.S.C. 1311(h)(2) ) and that the applicant has established and will maintain throughout the permit term an ocean monitoring program that meets or exceeds the requirements of section 301(h)(3) of such Act ( 33 U.S.C. 1311(h)(3) ); and (9) to the extent potable reuse is permitted by Federal and State regulatory agencies, that the applicant demonstrate that at least 83,000,000 gallons per day on an annual average of water suitable for potable reuse will be produced by December 31, 2037, taking into account production of water suitable for potable reuse occurring at all treatment processes for wastewater upstream from and at the Point Loma Plant. (c) Milestones The Administrator shall determine development milestones necessary to ensure compliance with this section and include such milestones as conditions in each permit issued under this section before December 31, 2037. (d) Secondary treatment Nothing in this section prevents the applicant from alternatively submitting an application for the Point Loma Plant that complies with secondary treatment pursuant to section 301(b)(1)(B) and section 402 of the Federal Water Pollution Control Act ( 33 U.S.C. 1311(b)(1)(B) ; 33 U.S.C. 1342 ). (e) Definitions In this section: (1) Administrator The term Administrator means the Administrator of the Environmental Protection Agency. (2) Biochemical oxygen demand The term biochemical oxygen demand means biological oxygen demand, as such term is used in the Federal Water Pollution Control Act. (3) Point Loma Plant The term Point Loma Plant means the Point Loma Wastewater Treatment Plant owned by the City of San Diego on the date of enactment of this Act. (4) State The term State means the State of California.
4,675
[ "Transportation and Infrastructure Committee" ]
118hr5224ih
118
hr
5,224
ih
To reauthorize the Missing Children’s Assistance Act, and for other purposes.
[ { "text": "1. Short title \nThis Act may be cited as the Missing Children's Assistance Reauthorization Act of 2023.", "id": "H0A273BB1B1D741C794D59A02E12AEB7C", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Missing Children's Assistance Act amendments \n(a) In general \n(1) Definitions \nSection 403 of the Missing Children’s Assistance Act ( 34 U.S.C. 11292 ) is amended— (A) in paragraph (3), by striking and at the end; (B) in paragraph (4), by striking the period at the end and inserting a semicolon; and (C) by adding at the end the following: (5) the term child sexual abuse material has the meaning given the term child pornography in section 2256 of title 18, United States Code; (6) the term child sexual exploitation means the sexual victimization or abuse of a child; (7) the term sexting means sending and receiving messages containing sexually explicit, nude, or partially nude images by cell phone or messaging application; (8) the term sextortion — (A) means sexual exploitation in which coercion, a threat, or blackmail, is used to cause a child to— (i) provide child sexual abuse material; or (ii) agree to engage in sexual activity; and (B) may involve a threat to publicly disclose nude or sexual images of a child if the child does not comply with a demand to— (i) engage in conduct described in clause (i) or (ii) of subparagraph (A); or (ii) provide financial payment; and (9) the term sexually exploited child means a child who has been victimized by any form of sexual exploitation, including— (A) the live-streaming, production, distribution, or possession of child sexual abuse material; (B) enticement for sexual abuse; (C) sexual molestation or abuse; (D) sextortion; and (E) child sex trafficking.. (2) Duties and functions of the Administrator \nSection 404 of the Missing Children’s Assistance Act ( 34 U.S.C. 11293 ) is amended— (A) in subsection (a)(6)(E), by striking the tipline established and inserting the CyberTipline established ; and (B) in subsection (b)(1)— (i) in subparagraph (A)— (I) in clause (i)— (aa) by striking hotline by which and inserting call center to which ; and (bb) by striking individuals may report and all that follows and inserting “individuals may— (I) report child sexual exploitation and the location of any missing child; and (II) request information pertaining to procedures necessary to reunite such child with such child’s parent; ; (II) by redesignating clause (ii) as clause (iii); and (III) by inserting after clause (i) the following: (ii) manage the AMBER Alert Secondary Distribution Program; and ; (ii) in subparagraph (D), by striking with their families and inserting with their parents ; (iii) in subparagraph (F), by striking to families and inserting to parents ; (iv) by striking subparagraph (G) and inserting the following: (G) provide technical assistance and case-related resources, including— (i) referrals to— (I) child-serving professionals involved in helping to recover missing and exploited children; and (II) law enforcement officers in their efforts to identify, locate, and recover missing and exploited children; and (ii) searching public records databases and publicly accessible open source data to— (I) locate and identify potential abductors and offenders involved in attempted or actual abductions; and (II) identify, locate, and recover abducted children; ; (v) in subparagraph (H), by inserting on long-term missing child cases after techniques to assist ; (vi) by striking subparagraph (I) and inserting the following: (I) provide education, technical assistance, and information to— (i) nongovernmental organizations with respect to procedures and resources to conduct background checks on individuals working with children; and (ii) law enforcement agencies with respect to identifying and locating noncompliant sex offenders; ; (vii) in subparagraph (J), by striking with their families and inserting with their parents ; (viii) in subparagraph (K)— (I) in clause (i)— (aa) in the matter preceding subclause (I), by striking tipline and inserting CyberTipline ; (bb) in subclause (I)— (AA) in item (aa), by striking child pornography and inserting child sexual abuse material ; and (BB) in item (ee), by striking extra-familial ; and (cc) in subclause (II)— (AA) by striking tipline and inserting CyberTipline ; and (BB) by adding and at the end; (II) in clause (ii)— (aa) by striking child pornography and inserting child sexual abuse material ; (bb) by inserting and after other sexual crimes ; and (cc) by striking ; and at the end and inserting , including by providing information on legal remedies available to such victims; ; and (III) by striking clause (iii); (ix) by redesignating subparagraphs (L) through (O) as subparagraphs (M) through (P), respectively; (x) by inserting after subparagraph (K) the following: (L) provide support services, consultation, and assistance to missing and sexually exploited children, parents, their families, and child-serving professionals on— (i) recovery support, including counseling recommendations and community support; (ii) family and peer support; (iii) the removal of child sexual abuse material and sexually exploitive content depicting children from the internet, including by facilitating requests to providers (as defined in section 2258E of title 18, United States Code) to remove visual depictions of victims that— (I) constitute or are associated with child sexual abuse material; or (II) do not constitute child sexual abuse material but are sexually suggestive; ; (xi) in subparagraph (M), as so redesignated— (I) in the matter preceding clause (i), by inserting educational before information to families ; (II) in clause (i)— (aa) by striking child abduction and and inserting missing children and child ; and (bb) by adding and at the end; and (III) by striking clauses (ii) and (iii) and inserting the following: (ii) internet safety, including tips and strategies to promote safety for children using technology (including social media) and reduce risk relating to— (I) cyberbullying; (II) child sex trafficking; (III) youth-produced child sexual abuse material or sexting; (IV) sextortion; and (V) online enticement; ; (xii) in subparagraph (N), as so redesignated, by inserting and preventing child sexual exploitation after recovering such children ; (xiii) by striking subparagraph (O), as so redesignated, and inserting the following: (O) coordinate with and provide technical assistance to Federal, State, and local government agencies relating to cases of children missing from a State child welfare system and assist the efforts of law enforcement agencies and State child welfare agencies in— (i) coordinating to ensure the reporting, documentation, and resolution of cases involving children missing from a State child welfare system; and (ii) responding to foster children missing from a State child welfare system; and ; and (xiv) in subparagraph (P), as so redesignated, by inserting and recovery support services after technical assistance ; and (C) in subsection (c)— (i) in paragraph (1) by striking and at the end; (ii) in paragraph (2) by striking the period at the end; and (iii) by adding at the end the following: (3) publish an analysis of the information determined under paragraph (1) that includes disaggregated demographic data and comparison of such data to demographic data from the census.. (3) Reporting \nSection 407 of the of the Missing Children's Assistance Act ( 34 U.S.C. 11295a ) is amended— (A) in subsection (a)— (i) in paragraph (3) by striking and at the end; (ii) in paragraph (4) by striking the period at the end and inserting a semicolon, (iii) by inserting after paragraph (4) the following: (5) the number of children nationwide who are reported to the grantee as missing from State-sponsored care; (6) the number of children nationwide who are reported to the grantee as missing from State-sponsored care whose recovery was reported to the grantee; and (7) the number of children nationwide who are reported to the grantee as missing from State-sponsored care and are likely victims of child sex trafficking. , and (B) by adding at end the following: (c) Criteria for forensic partnerships \nAs a condition of receiving funds under section 404(b), the grant recipient shall annually provide to the Administrator and make available to the general public, as appropriate, the criteria and processes the grantee uses to establish forensic partnerships and recommend forensic resources to law enforcement and shall annually review these forensic partnerships and forensic referrals against the criteria and review new advancements in technology.. (4) Authorization of appropriations \nSection 409(a) of the Missing Children’s Assistance Act ( 34 U.S.C. 11297(a) ) is amended by striking $40,000,000 for each of the fiscal years 2014 through 2023, up to $32,200,000 and inserting $49,300,000 for each of fiscal years 2024 through 2028, up to $41,500,000. (b) Effective date \nThis Act, and the amendments made by this Act, shall take effect on October 1, 2023.", "id": "H57219390569C46B5A31A093AF2E0163D", "header": "Missing Children's Assistance Act amendments", "nested": [ { "text": "(a) In general \n(1) Definitions \nSection 403 of the Missing Children’s Assistance Act ( 34 U.S.C. 11292 ) is amended— (A) in paragraph (3), by striking and at the end; (B) in paragraph (4), by striking the period at the end and inserting a semicolon; and (C) by adding at the end the following: (5) the term child sexual abuse material has the meaning given the term child pornography in section 2256 of title 18, United States Code; (6) the term child sexual exploitation means the sexual victimization or abuse of a child; (7) the term sexting means sending and receiving messages containing sexually explicit, nude, or partially nude images by cell phone or messaging application; (8) the term sextortion — (A) means sexual exploitation in which coercion, a threat, or blackmail, is used to cause a child to— (i) provide child sexual abuse material; or (ii) agree to engage in sexual activity; and (B) may involve a threat to publicly disclose nude or sexual images of a child if the child does not comply with a demand to— (i) engage in conduct described in clause (i) or (ii) of subparagraph (A); or (ii) provide financial payment; and (9) the term sexually exploited child means a child who has been victimized by any form of sexual exploitation, including— (A) the live-streaming, production, distribution, or possession of child sexual abuse material; (B) enticement for sexual abuse; (C) sexual molestation or abuse; (D) sextortion; and (E) child sex trafficking.. (2) Duties and functions of the Administrator \nSection 404 of the Missing Children’s Assistance Act ( 34 U.S.C. 11293 ) is amended— (A) in subsection (a)(6)(E), by striking the tipline established and inserting the CyberTipline established ; and (B) in subsection (b)(1)— (i) in subparagraph (A)— (I) in clause (i)— (aa) by striking hotline by which and inserting call center to which ; and (bb) by striking individuals may report and all that follows and inserting “individuals may— (I) report child sexual exploitation and the location of any missing child; and (II) request information pertaining to procedures necessary to reunite such child with such child’s parent; ; (II) by redesignating clause (ii) as clause (iii); and (III) by inserting after clause (i) the following: (ii) manage the AMBER Alert Secondary Distribution Program; and ; (ii) in subparagraph (D), by striking with their families and inserting with their parents ; (iii) in subparagraph (F), by striking to families and inserting to parents ; (iv) by striking subparagraph (G) and inserting the following: (G) provide technical assistance and case-related resources, including— (i) referrals to— (I) child-serving professionals involved in helping to recover missing and exploited children; and (II) law enforcement officers in their efforts to identify, locate, and recover missing and exploited children; and (ii) searching public records databases and publicly accessible open source data to— (I) locate and identify potential abductors and offenders involved in attempted or actual abductions; and (II) identify, locate, and recover abducted children; ; (v) in subparagraph (H), by inserting on long-term missing child cases after techniques to assist ; (vi) by striking subparagraph (I) and inserting the following: (I) provide education, technical assistance, and information to— (i) nongovernmental organizations with respect to procedures and resources to conduct background checks on individuals working with children; and (ii) law enforcement agencies with respect to identifying and locating noncompliant sex offenders; ; (vii) in subparagraph (J), by striking with their families and inserting with their parents ; (viii) in subparagraph (K)— (I) in clause (i)— (aa) in the matter preceding subclause (I), by striking tipline and inserting CyberTipline ; (bb) in subclause (I)— (AA) in item (aa), by striking child pornography and inserting child sexual abuse material ; and (BB) in item (ee), by striking extra-familial ; and (cc) in subclause (II)— (AA) by striking tipline and inserting CyberTipline ; and (BB) by adding and at the end; (II) in clause (ii)— (aa) by striking child pornography and inserting child sexual abuse material ; (bb) by inserting and after other sexual crimes ; and (cc) by striking ; and at the end and inserting , including by providing information on legal remedies available to such victims; ; and (III) by striking clause (iii); (ix) by redesignating subparagraphs (L) through (O) as subparagraphs (M) through (P), respectively; (x) by inserting after subparagraph (K) the following: (L) provide support services, consultation, and assistance to missing and sexually exploited children, parents, their families, and child-serving professionals on— (i) recovery support, including counseling recommendations and community support; (ii) family and peer support; (iii) the removal of child sexual abuse material and sexually exploitive content depicting children from the internet, including by facilitating requests to providers (as defined in section 2258E of title 18, United States Code) to remove visual depictions of victims that— (I) constitute or are associated with child sexual abuse material; or (II) do not constitute child sexual abuse material but are sexually suggestive; ; (xi) in subparagraph (M), as so redesignated— (I) in the matter preceding clause (i), by inserting educational before information to families ; (II) in clause (i)— (aa) by striking child abduction and and inserting missing children and child ; and (bb) by adding and at the end; and (III) by striking clauses (ii) and (iii) and inserting the following: (ii) internet safety, including tips and strategies to promote safety for children using technology (including social media) and reduce risk relating to— (I) cyberbullying; (II) child sex trafficking; (III) youth-produced child sexual abuse material or sexting; (IV) sextortion; and (V) online enticement; ; (xii) in subparagraph (N), as so redesignated, by inserting and preventing child sexual exploitation after recovering such children ; (xiii) by striking subparagraph (O), as so redesignated, and inserting the following: (O) coordinate with and provide technical assistance to Federal, State, and local government agencies relating to cases of children missing from a State child welfare system and assist the efforts of law enforcement agencies and State child welfare agencies in— (i) coordinating to ensure the reporting, documentation, and resolution of cases involving children missing from a State child welfare system; and (ii) responding to foster children missing from a State child welfare system; and ; and (xiv) in subparagraph (P), as so redesignated, by inserting and recovery support services after technical assistance ; and (C) in subsection (c)— (i) in paragraph (1) by striking and at the end; (ii) in paragraph (2) by striking the period at the end; and (iii) by adding at the end the following: (3) publish an analysis of the information determined under paragraph (1) that includes disaggregated demographic data and comparison of such data to demographic data from the census.. (3) Reporting \nSection 407 of the of the Missing Children's Assistance Act ( 34 U.S.C. 11295a ) is amended— (A) in subsection (a)— (i) in paragraph (3) by striking and at the end; (ii) in paragraph (4) by striking the period at the end and inserting a semicolon, (iii) by inserting after paragraph (4) the following: (5) the number of children nationwide who are reported to the grantee as missing from State-sponsored care; (6) the number of children nationwide who are reported to the grantee as missing from State-sponsored care whose recovery was reported to the grantee; and (7) the number of children nationwide who are reported to the grantee as missing from State-sponsored care and are likely victims of child sex trafficking. , and (B) by adding at end the following: (c) Criteria for forensic partnerships \nAs a condition of receiving funds under section 404(b), the grant recipient shall annually provide to the Administrator and make available to the general public, as appropriate, the criteria and processes the grantee uses to establish forensic partnerships and recommend forensic resources to law enforcement and shall annually review these forensic partnerships and forensic referrals against the criteria and review new advancements in technology.. (4) Authorization of appropriations \nSection 409(a) of the Missing Children’s Assistance Act ( 34 U.S.C. 11297(a) ) is amended by striking $40,000,000 for each of the fiscal years 2014 through 2023, up to $32,200,000 and inserting $49,300,000 for each of fiscal years 2024 through 2028, up to $41,500,000.", "id": "HB098405DB6394F9CAFAE595C30B361C8", "header": "In general", "nested": [], "links": [ { "text": "34 U.S.C. 11292", "legal-doc": "usc", "parsable-cite": "usc/34/11292" }, { "text": "34 U.S.C. 11293", "legal-doc": "usc", "parsable-cite": "usc/34/11293" }, { "text": "34 U.S.C. 11295a", "legal-doc": "usc", "parsable-cite": "usc/34/11295a" }, { "text": "34 U.S.C. 11297(a)", "legal-doc": "usc", "parsable-cite": "usc/34/11297" } ] }, { "text": "(b) Effective date \nThis Act, and the amendments made by this Act, shall take effect on October 1, 2023.", "id": "HF0031E85C7F34B9A906C42DD020BB859", "header": "Effective date", "nested": [], "links": [] } ], "links": [ { "text": "34 U.S.C. 11292", "legal-doc": "usc", "parsable-cite": "usc/34/11292" }, { "text": "34 U.S.C. 11293", "legal-doc": "usc", "parsable-cite": "usc/34/11293" }, { "text": "34 U.S.C. 11295a", "legal-doc": "usc", "parsable-cite": "usc/34/11295a" }, { "text": "34 U.S.C. 11297(a)", "legal-doc": "usc", "parsable-cite": "usc/34/11297" } ] } ]
2
1. Short title This Act may be cited as the Missing Children's Assistance Reauthorization Act of 2023. 2. Missing Children's Assistance Act amendments (a) In general (1) Definitions Section 403 of the Missing Children’s Assistance Act ( 34 U.S.C. 11292 ) is amended— (A) in paragraph (3), by striking and at the end; (B) in paragraph (4), by striking the period at the end and inserting a semicolon; and (C) by adding at the end the following: (5) the term child sexual abuse material has the meaning given the term child pornography in section 2256 of title 18, United States Code; (6) the term child sexual exploitation means the sexual victimization or abuse of a child; (7) the term sexting means sending and receiving messages containing sexually explicit, nude, or partially nude images by cell phone or messaging application; (8) the term sextortion — (A) means sexual exploitation in which coercion, a threat, or blackmail, is used to cause a child to— (i) provide child sexual abuse material; or (ii) agree to engage in sexual activity; and (B) may involve a threat to publicly disclose nude or sexual images of a child if the child does not comply with a demand to— (i) engage in conduct described in clause (i) or (ii) of subparagraph (A); or (ii) provide financial payment; and (9) the term sexually exploited child means a child who has been victimized by any form of sexual exploitation, including— (A) the live-streaming, production, distribution, or possession of child sexual abuse material; (B) enticement for sexual abuse; (C) sexual molestation or abuse; (D) sextortion; and (E) child sex trafficking.. (2) Duties and functions of the Administrator Section 404 of the Missing Children’s Assistance Act ( 34 U.S.C. 11293 ) is amended— (A) in subsection (a)(6)(E), by striking the tipline established and inserting the CyberTipline established ; and (B) in subsection (b)(1)— (i) in subparagraph (A)— (I) in clause (i)— (aa) by striking hotline by which and inserting call center to which ; and (bb) by striking individuals may report and all that follows and inserting “individuals may— (I) report child sexual exploitation and the location of any missing child; and (II) request information pertaining to procedures necessary to reunite such child with such child’s parent; ; (II) by redesignating clause (ii) as clause (iii); and (III) by inserting after clause (i) the following: (ii) manage the AMBER Alert Secondary Distribution Program; and ; (ii) in subparagraph (D), by striking with their families and inserting with their parents ; (iii) in subparagraph (F), by striking to families and inserting to parents ; (iv) by striking subparagraph (G) and inserting the following: (G) provide technical assistance and case-related resources, including— (i) referrals to— (I) child-serving professionals involved in helping to recover missing and exploited children; and (II) law enforcement officers in their efforts to identify, locate, and recover missing and exploited children; and (ii) searching public records databases and publicly accessible open source data to— (I) locate and identify potential abductors and offenders involved in attempted or actual abductions; and (II) identify, locate, and recover abducted children; ; (v) in subparagraph (H), by inserting on long-term missing child cases after techniques to assist ; (vi) by striking subparagraph (I) and inserting the following: (I) provide education, technical assistance, and information to— (i) nongovernmental organizations with respect to procedures and resources to conduct background checks on individuals working with children; and (ii) law enforcement agencies with respect to identifying and locating noncompliant sex offenders; ; (vii) in subparagraph (J), by striking with their families and inserting with their parents ; (viii) in subparagraph (K)— (I) in clause (i)— (aa) in the matter preceding subclause (I), by striking tipline and inserting CyberTipline ; (bb) in subclause (I)— (AA) in item (aa), by striking child pornography and inserting child sexual abuse material ; and (BB) in item (ee), by striking extra-familial ; and (cc) in subclause (II)— (AA) by striking tipline and inserting CyberTipline ; and (BB) by adding and at the end; (II) in clause (ii)— (aa) by striking child pornography and inserting child sexual abuse material ; (bb) by inserting and after other sexual crimes ; and (cc) by striking ; and at the end and inserting , including by providing information on legal remedies available to such victims; ; and (III) by striking clause (iii); (ix) by redesignating subparagraphs (L) through (O) as subparagraphs (M) through (P), respectively; (x) by inserting after subparagraph (K) the following: (L) provide support services, consultation, and assistance to missing and sexually exploited children, parents, their families, and child-serving professionals on— (i) recovery support, including counseling recommendations and community support; (ii) family and peer support; (iii) the removal of child sexual abuse material and sexually exploitive content depicting children from the internet, including by facilitating requests to providers (as defined in section 2258E of title 18, United States Code) to remove visual depictions of victims that— (I) constitute or are associated with child sexual abuse material; or (II) do not constitute child sexual abuse material but are sexually suggestive; ; (xi) in subparagraph (M), as so redesignated— (I) in the matter preceding clause (i), by inserting educational before information to families ; (II) in clause (i)— (aa) by striking child abduction and and inserting missing children and child ; and (bb) by adding and at the end; and (III) by striking clauses (ii) and (iii) and inserting the following: (ii) internet safety, including tips and strategies to promote safety for children using technology (including social media) and reduce risk relating to— (I) cyberbullying; (II) child sex trafficking; (III) youth-produced child sexual abuse material or sexting; (IV) sextortion; and (V) online enticement; ; (xii) in subparagraph (N), as so redesignated, by inserting and preventing child sexual exploitation after recovering such children ; (xiii) by striking subparagraph (O), as so redesignated, and inserting the following: (O) coordinate with and provide technical assistance to Federal, State, and local government agencies relating to cases of children missing from a State child welfare system and assist the efforts of law enforcement agencies and State child welfare agencies in— (i) coordinating to ensure the reporting, documentation, and resolution of cases involving children missing from a State child welfare system; and (ii) responding to foster children missing from a State child welfare system; and ; and (xiv) in subparagraph (P), as so redesignated, by inserting and recovery support services after technical assistance ; and (C) in subsection (c)— (i) in paragraph (1) by striking and at the end; (ii) in paragraph (2) by striking the period at the end; and (iii) by adding at the end the following: (3) publish an analysis of the information determined under paragraph (1) that includes disaggregated demographic data and comparison of such data to demographic data from the census.. (3) Reporting Section 407 of the of the Missing Children's Assistance Act ( 34 U.S.C. 11295a ) is amended— (A) in subsection (a)— (i) in paragraph (3) by striking and at the end; (ii) in paragraph (4) by striking the period at the end and inserting a semicolon, (iii) by inserting after paragraph (4) the following: (5) the number of children nationwide who are reported to the grantee as missing from State-sponsored care; (6) the number of children nationwide who are reported to the grantee as missing from State-sponsored care whose recovery was reported to the grantee; and (7) the number of children nationwide who are reported to the grantee as missing from State-sponsored care and are likely victims of child sex trafficking. , and (B) by adding at end the following: (c) Criteria for forensic partnerships As a condition of receiving funds under section 404(b), the grant recipient shall annually provide to the Administrator and make available to the general public, as appropriate, the criteria and processes the grantee uses to establish forensic partnerships and recommend forensic resources to law enforcement and shall annually review these forensic partnerships and forensic referrals against the criteria and review new advancements in technology.. (4) Authorization of appropriations Section 409(a) of the Missing Children’s Assistance Act ( 34 U.S.C. 11297(a) ) is amended by striking $40,000,000 for each of the fiscal years 2014 through 2023, up to $32,200,000 and inserting $49,300,000 for each of fiscal years 2024 through 2028, up to $41,500,000. (b) Effective date This Act, and the amendments made by this Act, shall take effect on October 1, 2023.
8,972
[ "Education and the Workforce Committee" ]
118hr4158ih
118
hr
4,158
ih
To require the Financial Crimes Enforcement Network to issue an advisory about how homegrown violent extremists and other perpetrators of domestic terrorism procure firearms and firearm accessories, and for other purposes.
[ { "text": "1. Short title \nThis Act may be cited as the Gun Violence Prevention Through Financial Intelligence Act.", "id": "H0FAD1187F72F480182BF9BFC0FB8D327", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Advisory on the procurement of firearms and firearm accessories \n(a) Definitions \nIn this section: (1) Domestic terrorism \nThe term domestic terrorism has the meaning given the term in section 2331 of title 18, United States Code. (2) FinCEN \nThe term FinCEN means the Financial Crimes Enforcement Network. (3) Financial institution \nThe term financial institution has the meaning given the term in section 5312(a) of title 31, United States Code. (4) Firearm \nThe term firearm has the meaning given the term in section 921(a) of title 18, United States Code. (b) Request for information \n(1) In general \nNot later than 1 year after the date of enactment of this Act, FinCEN shall request information from financial institutions for the purpose of developing an advisory about the identification and reporting of suspicious activity relating to— (A) how homegrown violent extremists and perpetrators of domestic terrorism procure firearms and firearm accessories for the purpose of carrying out lone actor or lone wolf acts of terror within the United States; and (B) the ways in which the firearms market in the United States is exploited to facilitate gun violence in the United States. (2) Application of section 5318(g) of title 31 \nSection 5318(g) of title 31, United States Code, shall apply to a request for information from a financial institution by FinCEN under paragraph (1) in the same manner that section applies to a requirement by the Secretary of the Treasury of a financial institution to report a suspicious transaction under that section. (3) Tailoring \nIn requesting information from a financial institution under paragraph (1), FinCEN shall consider the size of the financial institution and tailor the request accordingly. (4) Consultation \nBefore requesting information from a financial institution under paragraph (1), FinCEN shall consult, with respect to the nature of the request, with— (A) the Director of the Federal Bureau of Investigation; (B) the Director of the Bureau of Alcohol, Tobacco, Firearms and Explosives of the Department of Justice; and (C) sellers of firearms and firearm accessories. (c) Advisory \n(1) Sufficient information collected \nNot later than 540 days after the date of enactment of this Act, if FinCEN determines that the information collected under subsection (b)(1) is sufficient to develop the advisory described in that subsection, FinCEN shall issue the advisory. (2) Insufficient information collected \nNot later than 540 days after the date of enactment of this Act, if FinCEN determines that the information collected under subsection (b)(1) is not sufficient to develop the advisory described in that subsection, FinCEN shall submit to the Committee on Banking, Housing, and Urban Affairs of the Senate and the Committee on Financial Services of the House of Representatives a report that describes— (A) the type of information collected under subsection (b)(1); (B) the methodology used to collect such information; (C) the degree to which financial institutions provided information requested; (D) why such information is not sufficient to develop the advisory described in subsection (b)(1); and (E) any barriers to obtaining the information that is required to develop the advisory described in subsection (b)(1). (d) Rulemaking \nNot later than 90 days after the date of enactment of this Act, FinCEN, in consultation with the Director of the Federal Bureau of Investigation and the Director of the Bureau of Alcohol, Tobacco, Firearms, and Explosives of the Department of Justice, shall promulgate a rule that defines the following terms for the purpose of this section: (1) Firearm accessory. (2) Homegrown violent extremist. (3) Lone wolf. (4) Lone actor.", "id": "HB7157703997C45618A12228304C51C8C", "header": "Advisory on the procurement of firearms and firearm accessories", "nested": [ { "text": "(a) Definitions \nIn this section: (1) Domestic terrorism \nThe term domestic terrorism has the meaning given the term in section 2331 of title 18, United States Code. (2) FinCEN \nThe term FinCEN means the Financial Crimes Enforcement Network. (3) Financial institution \nThe term financial institution has the meaning given the term in section 5312(a) of title 31, United States Code. (4) Firearm \nThe term firearm has the meaning given the term in section 921(a) of title 18, United States Code.", "id": "H44CAB603E7DB468E9AF0072FE729DA31", "header": "Definitions", "nested": [], "links": [] }, { "text": "(b) Request for information \n(1) In general \nNot later than 1 year after the date of enactment of this Act, FinCEN shall request information from financial institutions for the purpose of developing an advisory about the identification and reporting of suspicious activity relating to— (A) how homegrown violent extremists and perpetrators of domestic terrorism procure firearms and firearm accessories for the purpose of carrying out lone actor or lone wolf acts of terror within the United States; and (B) the ways in which the firearms market in the United States is exploited to facilitate gun violence in the United States. (2) Application of section 5318(g) of title 31 \nSection 5318(g) of title 31, United States Code, shall apply to a request for information from a financial institution by FinCEN under paragraph (1) in the same manner that section applies to a requirement by the Secretary of the Treasury of a financial institution to report a suspicious transaction under that section. (3) Tailoring \nIn requesting information from a financial institution under paragraph (1), FinCEN shall consider the size of the financial institution and tailor the request accordingly. (4) Consultation \nBefore requesting information from a financial institution under paragraph (1), FinCEN shall consult, with respect to the nature of the request, with— (A) the Director of the Federal Bureau of Investigation; (B) the Director of the Bureau of Alcohol, Tobacco, Firearms and Explosives of the Department of Justice; and (C) sellers of firearms and firearm accessories.", "id": "H98C7CC9B408B42E7B8B0F35F5893D27E", "header": "Request for information", "nested": [], "links": [] }, { "text": "(c) Advisory \n(1) Sufficient information collected \nNot later than 540 days after the date of enactment of this Act, if FinCEN determines that the information collected under subsection (b)(1) is sufficient to develop the advisory described in that subsection, FinCEN shall issue the advisory. (2) Insufficient information collected \nNot later than 540 days after the date of enactment of this Act, if FinCEN determines that the information collected under subsection (b)(1) is not sufficient to develop the advisory described in that subsection, FinCEN shall submit to the Committee on Banking, Housing, and Urban Affairs of the Senate and the Committee on Financial Services of the House of Representatives a report that describes— (A) the type of information collected under subsection (b)(1); (B) the methodology used to collect such information; (C) the degree to which financial institutions provided information requested; (D) why such information is not sufficient to develop the advisory described in subsection (b)(1); and (E) any barriers to obtaining the information that is required to develop the advisory described in subsection (b)(1).", "id": "H71B5B3F9B5DE499EB05A02B831ABBC2E", "header": "Advisory", "nested": [], "links": [] }, { "text": "(d) Rulemaking \nNot later than 90 days after the date of enactment of this Act, FinCEN, in consultation with the Director of the Federal Bureau of Investigation and the Director of the Bureau of Alcohol, Tobacco, Firearms, and Explosives of the Department of Justice, shall promulgate a rule that defines the following terms for the purpose of this section: (1) Firearm accessory. (2) Homegrown violent extremist. (3) Lone wolf. (4) Lone actor.", "id": "H19951009932440AEB0D79DA7BA32F46D", "header": "Rulemaking", "nested": [], "links": [] } ], "links": [] } ]
2
1. Short title This Act may be cited as the Gun Violence Prevention Through Financial Intelligence Act. 2. Advisory on the procurement of firearms and firearm accessories (a) Definitions In this section: (1) Domestic terrorism The term domestic terrorism has the meaning given the term in section 2331 of title 18, United States Code. (2) FinCEN The term FinCEN means the Financial Crimes Enforcement Network. (3) Financial institution The term financial institution has the meaning given the term in section 5312(a) of title 31, United States Code. (4) Firearm The term firearm has the meaning given the term in section 921(a) of title 18, United States Code. (b) Request for information (1) In general Not later than 1 year after the date of enactment of this Act, FinCEN shall request information from financial institutions for the purpose of developing an advisory about the identification and reporting of suspicious activity relating to— (A) how homegrown violent extremists and perpetrators of domestic terrorism procure firearms and firearm accessories for the purpose of carrying out lone actor or lone wolf acts of terror within the United States; and (B) the ways in which the firearms market in the United States is exploited to facilitate gun violence in the United States. (2) Application of section 5318(g) of title 31 Section 5318(g) of title 31, United States Code, shall apply to a request for information from a financial institution by FinCEN under paragraph (1) in the same manner that section applies to a requirement by the Secretary of the Treasury of a financial institution to report a suspicious transaction under that section. (3) Tailoring In requesting information from a financial institution under paragraph (1), FinCEN shall consider the size of the financial institution and tailor the request accordingly. (4) Consultation Before requesting information from a financial institution under paragraph (1), FinCEN shall consult, with respect to the nature of the request, with— (A) the Director of the Federal Bureau of Investigation; (B) the Director of the Bureau of Alcohol, Tobacco, Firearms and Explosives of the Department of Justice; and (C) sellers of firearms and firearm accessories. (c) Advisory (1) Sufficient information collected Not later than 540 days after the date of enactment of this Act, if FinCEN determines that the information collected under subsection (b)(1) is sufficient to develop the advisory described in that subsection, FinCEN shall issue the advisory. (2) Insufficient information collected Not later than 540 days after the date of enactment of this Act, if FinCEN determines that the information collected under subsection (b)(1) is not sufficient to develop the advisory described in that subsection, FinCEN shall submit to the Committee on Banking, Housing, and Urban Affairs of the Senate and the Committee on Financial Services of the House of Representatives a report that describes— (A) the type of information collected under subsection (b)(1); (B) the methodology used to collect such information; (C) the degree to which financial institutions provided information requested; (D) why such information is not sufficient to develop the advisory described in subsection (b)(1); and (E) any barriers to obtaining the information that is required to develop the advisory described in subsection (b)(1). (d) Rulemaking Not later than 90 days after the date of enactment of this Act, FinCEN, in consultation with the Director of the Federal Bureau of Investigation and the Director of the Bureau of Alcohol, Tobacco, Firearms, and Explosives of the Department of Justice, shall promulgate a rule that defines the following terms for the purpose of this section: (1) Firearm accessory. (2) Homegrown violent extremist. (3) Lone wolf. (4) Lone actor.
3,834
[ "Financial Services Committee" ]
118hr6429ih
118
hr
6,429
ih
To require certain interactive computer services to adopt and operate technology verification measures to ensure that users of the platform are not minors, and for other purposes.
[ { "text": "1. Short title \nThis Act may be cited as the Shielding Children's Retinas from Egregious Exposure on the Net Act or the SCREEN Act.", "id": "H05CFE84B583842E191D777DED54E8ECE", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Findings; sense of Congress \n(a) Findings \nCongress finds the following: (1) Over the 3 decades preceding the date of enactment of this Act, Congress has passed several bills to protect minors from access to online pornographic content, including title V of the Telecommunications Act of 1996 ( Public Law 104–104 ) (commonly known as the Communications Decency Act ), section 231 of the Communications Act of 1934 ( 47 U.S.C. 231 ) (commonly known as the Child Online Protection Act ), and the Children’s Internet Protection Act (title XVII of division B of Public Law 106–554 ). (2) With the exception of the Children's Internet Protection Act (title XVII of division B of Public Law 106–554 ), the Supreme Court of the United States has struck down the previous efforts of Congress to shield children from pornographic content, finding that such legislation constituted a compelling government interest but that it was not the least restrictive means to achieve such interest. In Ashcroft v. ACLU, 542 U.S. 656 (2004), the Court even suggested at the time that blocking and filtering software could conceivably be a primary alternative to the requirements passed by Congress. (3) In the nearly 2 decades since the Supreme Court of the United States suggested the use of blocking and filtering software , such technology has proven to be ineffective in protecting minors from accessing online pornographic content. The Kaiser Family Foundation has found that filters do not work on 1 in 10 pornography sites accessed intentionally and 1 in 3 pornography sites that are accessed unintentionally. Further, it has been proven that children are able to bypass blocking and filtering software by employing strategic searches or measures to bypass the software completely. (4) Additionally, Pew Research has revealed studies showing that only 39 percent of parents use blocking or filtering software for their minor’s online activities, meaning that 61 percent of children only have restrictions on their internet access when they are at school or at a library. (5) 17 States have now recognized pornography as a public health hazard that leads to a broad range of individual harms, societal harms, and public health impacts. (6) It is estimated that 80 percent of minors between the ages of 12 to 17 have been exposed to pornography, with 54 percent of teenagers seeking it out. The internet is the most common source for minors to access pornography with pornographic websites receiving more web traffic in the United States than Twitter, Netflix, Pinterest, and LinkedIn combined. (7) Exposure to online pornography has created unique psychological effects for minors, including anxiety, addiction, low self-esteem, body image disorders, an increase in problematic sexual activity at younger ages, and an increased desire among minors to engage in risky sexual behavior. (8) The Supreme Court of the United States has recognized on multiple occasions that Congress has a compelling government interest to protect the physical and psychological well-being of minors, which includes shielding them from indecent content that may not necessarily be considered obscene by adult standards. (9) Because blocking and filtering software has not produced the results envisioned nearly 2 decades ago, it is necessary for Congress to pursue alternative policies to enable the protection of the physical and psychological well-being of minors. (10) The evolution of our technology has now enabled the use of age verification technology that is cost efficient, not unduly burdensome, and can be operated narrowly in a manner that ensures only adults have access to a website’s online pornographic content. (b) Sense of Congress \nIt is the sense of Congress that— (1) shielding minors from access to online pornographic content is a compelling government interest that protects the physical and psychological well-being of minors; and (2) requiring interactive computer services that are in the business of creating, hosting, or making available pornographic content to enact technological measures that shield minors from accessing pornographic content on their platforms is the least restrictive means for Congress to achieve its compelling government interest.", "id": "H2D6422A38B2B45E3A7A5B99CFE9500A2", "header": "Findings; sense of Congress", "nested": [ { "text": "(a) Findings \nCongress finds the following: (1) Over the 3 decades preceding the date of enactment of this Act, Congress has passed several bills to protect minors from access to online pornographic content, including title V of the Telecommunications Act of 1996 ( Public Law 104–104 ) (commonly known as the Communications Decency Act ), section 231 of the Communications Act of 1934 ( 47 U.S.C. 231 ) (commonly known as the Child Online Protection Act ), and the Children’s Internet Protection Act (title XVII of division B of Public Law 106–554 ). (2) With the exception of the Children's Internet Protection Act (title XVII of division B of Public Law 106–554 ), the Supreme Court of the United States has struck down the previous efforts of Congress to shield children from pornographic content, finding that such legislation constituted a compelling government interest but that it was not the least restrictive means to achieve such interest. In Ashcroft v. ACLU, 542 U.S. 656 (2004), the Court even suggested at the time that blocking and filtering software could conceivably be a primary alternative to the requirements passed by Congress. (3) In the nearly 2 decades since the Supreme Court of the United States suggested the use of blocking and filtering software , such technology has proven to be ineffective in protecting minors from accessing online pornographic content. The Kaiser Family Foundation has found that filters do not work on 1 in 10 pornography sites accessed intentionally and 1 in 3 pornography sites that are accessed unintentionally. Further, it has been proven that children are able to bypass blocking and filtering software by employing strategic searches or measures to bypass the software completely. (4) Additionally, Pew Research has revealed studies showing that only 39 percent of parents use blocking or filtering software for their minor’s online activities, meaning that 61 percent of children only have restrictions on their internet access when they are at school or at a library. (5) 17 States have now recognized pornography as a public health hazard that leads to a broad range of individual harms, societal harms, and public health impacts. (6) It is estimated that 80 percent of minors between the ages of 12 to 17 have been exposed to pornography, with 54 percent of teenagers seeking it out. The internet is the most common source for minors to access pornography with pornographic websites receiving more web traffic in the United States than Twitter, Netflix, Pinterest, and LinkedIn combined. (7) Exposure to online pornography has created unique psychological effects for minors, including anxiety, addiction, low self-esteem, body image disorders, an increase in problematic sexual activity at younger ages, and an increased desire among minors to engage in risky sexual behavior. (8) The Supreme Court of the United States has recognized on multiple occasions that Congress has a compelling government interest to protect the physical and psychological well-being of minors, which includes shielding them from indecent content that may not necessarily be considered obscene by adult standards. (9) Because blocking and filtering software has not produced the results envisioned nearly 2 decades ago, it is necessary for Congress to pursue alternative policies to enable the protection of the physical and psychological well-being of minors. (10) The evolution of our technology has now enabled the use of age verification technology that is cost efficient, not unduly burdensome, and can be operated narrowly in a manner that ensures only adults have access to a website’s online pornographic content.", "id": "HC8C4DE7D0383474B9E845EDEEAD18A08", "header": "Findings", "nested": [], "links": [ { "text": "Public Law 104–104", "legal-doc": "public-law", "parsable-cite": "pl/104/104" }, { "text": "47 U.S.C. 231", "legal-doc": "usc", "parsable-cite": "usc/47/231" }, { "text": "Public Law 106–554", "legal-doc": "public-law", "parsable-cite": "pl/106/554" }, { "text": "Public Law 106–554", "legal-doc": "public-law", "parsable-cite": "pl/106/554" } ] }, { "text": "(b) Sense of Congress \nIt is the sense of Congress that— (1) shielding minors from access to online pornographic content is a compelling government interest that protects the physical and psychological well-being of minors; and (2) requiring interactive computer services that are in the business of creating, hosting, or making available pornographic content to enact technological measures that shield minors from accessing pornographic content on their platforms is the least restrictive means for Congress to achieve its compelling government interest.", "id": "HE882C6AC62FA40E9B61905F534C79F6A", "header": "Sense of Congress", "nested": [], "links": [] } ], "links": [ { "text": "Public Law 104–104", "legal-doc": "public-law", "parsable-cite": "pl/104/104" }, { "text": "47 U.S.C. 231", "legal-doc": "usc", "parsable-cite": "usc/47/231" }, { "text": "Public Law 106–554", "legal-doc": "public-law", "parsable-cite": "pl/106/554" }, { "text": "Public Law 106–554", "legal-doc": "public-law", "parsable-cite": "pl/106/554" } ] }, { "text": "3. Definitions \nIn this Act: (1) Child pornography; minor \nThe terms child pornography and minor have the meanings given those terms in section 2256 of title 18, United States Code. (2) Commission \nThe term Commission means the Federal Trade Commission. (3) Covered platform \nThe term covered platform — (A) means an entity— (i) that is an interactive computer service; (ii) that— (I) is engaged in interstate or foreign commerce; or (II) purposefully avails itself of the United States market or a portion thereof; and (iii) for which it is in the regular course of the trade or business of the entity to create, host, or make available content that meets the definition of harmful to minors under paragraph (4) and that is provided by the entity, a user, or other information content provider, with the objective of earning a profit; and (B) includes an entity described in subparagraph (A) regardless of whether— (i) the entity earns a profit on the activities described in subparagraph (A)(iii); or (ii) creating, hosting, or making available content that meets the definition of harmful to minors under paragraph (4) is the sole source of income or principal business of the entity. (4) Harmful to minors \nThe term harmful to minors , with respect to a picture, image, graphic image file, film, videotape, or other visual depiction, means that the picture, image, graphic image file, film, videotape, or other depiction— (A) (i) taken as a whole and with respect to minors, appeals to the prurient interest in nudity, sex, or excretion; (ii) depicts, describes, or represents, in a patently offensive way with respect to what is suitable for minors, an actual or simulated sexual act or sexual contact, actual or simulated normal or perverted sexual acts, or lewd exhibition of the genitals; and (iii) taken as a whole, lacks serious, literary, artistic, political, or scientific value as to minors; (B) is obscene; or (C) is child pornography. (5) Information content provider; interactive computer service \nThe terms information content provider and interactive computer service have the meanings given those terms in section 230(f) of the Communications Act of 1934 ( 47 U.S.C. 230(f) ). (6) Sexual act; sexual contact \nThe terms sexual act and sexual contact have the meanings given those terms in section 2246 of title 18, United States Code. (7) Technology verification measure \nThe term technology verification measure means technology that— (A) employs a system or process to determine whether it is more likely than not that a user of a covered platform is a minor; and (B) prevents access by minors to any content on a covered platform. (8) Technology verification measure data \nThe term technology verification measure data means information that— (A) identifies, is linked to, or is reasonably linkable to an individual or a device that identifies, is linked to, or is reasonably linkable to an individual; (B) is collected or processed for the purpose of fulfilling a request by an individual to access any content on a covered platform; and (C) is collected and processed solely for the purpose of utilizing a technology verification measure and meeting the obligations imposed under this Act.", "id": "H3AE451E7E024489380AB097BF936A0DA", "header": "Definitions", "nested": [], "links": [ { "text": "47 U.S.C. 230(f)", "legal-doc": "usc", "parsable-cite": "usc/47/230" } ] }, { "text": "4. Technology verification measures \n(a) Covered platform requirements \nBeginning on the date that is 1 year after the date of enactment of this Act, a covered platform shall adopt and utilize technology verification measures on the platform to ensure that— (1) users of the covered platform are not minors; and (2) minors are prevented from accessing any content on the covered platform that is harmful to minors. (b) Requirements for age verification measures \nIn order to comply with the requirement of subsection (a), the technology verification measures adopted and utilized by a covered platform shall do the following: (1) Use a technology verification measure in order to verify a user's age. (2) Provide that requiring a user to confirm that the user is not a minor shall not be sufficient to satisfy the requirement of subsection (a). (3) Make publicly available the verification process that the covered platform is employing to comply with the requirements under this Act. (4) Subject the Internet Protocol (IP) addresses, including known virtual proxy network IP addresses, of all users of a covered platform to the technology verification measure described in paragraph (1) unless the covered platform determines based on available technology that a user is not located within the United States. (c) Choice of verification measures \nA covered platform may choose the specific technology verification measures to employ for purposes of complying with subsection (a), provided that the technology verification measure employed by the covered platform meets the requirements of subsection (b) and prohibits a minor from accessing the platform or any information on the platform that is obscene, child pornography, or harmful to minors. (d) Use of third parties \nA covered platform may contract with a third party to employ technology verification measures for purposes of complying with subsection (a) but the use of such a third party shall not relieve the covered platform of its obligations under this Act or from liability under this Act. (e) Rule of construction \nNothing in this section shall be construed to require a covered platform to submit to the Commission any information that identifies, is linked to, or is reasonably linkable to a user of the covered platform or a device that identifies, is linked to, or is reasonably linkable to a user of the covered platform. (f) Technology verification measure data security \nA covered platform shall— (1) establish, implement, and maintain reasonable data security to— (A) protect the confidentiality, integrity, and accessibility of technology verification measure data collected by the covered platform or a third party employed by the covered platform; and (B) protect such technology verification measure data against unauthorized access; and (2) retain the technology verification measure data for no longer than is reasonably necessary to utilize a technology verification measure or what is minimally necessary to demonstrate compliance with the obligations under this Act.", "id": "H45878082C0174C328F08EE504F50A5F7", "header": "Technology verification measures", "nested": [ { "text": "(a) Covered platform requirements \nBeginning on the date that is 1 year after the date of enactment of this Act, a covered platform shall adopt and utilize technology verification measures on the platform to ensure that— (1) users of the covered platform are not minors; and (2) minors are prevented from accessing any content on the covered platform that is harmful to minors.", "id": "HDDE8F37E6DAF42A59C1A6D26AD0B6AC3", "header": "Covered platform requirements", "nested": [], "links": [] }, { "text": "(b) Requirements for age verification measures \nIn order to comply with the requirement of subsection (a), the technology verification measures adopted and utilized by a covered platform shall do the following: (1) Use a technology verification measure in order to verify a user's age. (2) Provide that requiring a user to confirm that the user is not a minor shall not be sufficient to satisfy the requirement of subsection (a). (3) Make publicly available the verification process that the covered platform is employing to comply with the requirements under this Act. (4) Subject the Internet Protocol (IP) addresses, including known virtual proxy network IP addresses, of all users of a covered platform to the technology verification measure described in paragraph (1) unless the covered platform determines based on available technology that a user is not located within the United States.", "id": "H048B33AF14064BA499CA4D7A6FE4B7F0", "header": "Requirements for age verification measures", "nested": [], "links": [] }, { "text": "(c) Choice of verification measures \nA covered platform may choose the specific technology verification measures to employ for purposes of complying with subsection (a), provided that the technology verification measure employed by the covered platform meets the requirements of subsection (b) and prohibits a minor from accessing the platform or any information on the platform that is obscene, child pornography, or harmful to minors.", "id": "HEBCDAFADB9744C0F9197A2948AD26126", "header": "Choice of verification measures", "nested": [], "links": [] }, { "text": "(d) Use of third parties \nA covered platform may contract with a third party to employ technology verification measures for purposes of complying with subsection (a) but the use of such a third party shall not relieve the covered platform of its obligations under this Act or from liability under this Act.", "id": "HDEA87AD80F2A45E4AAAAA3DB93A0DED3", "header": "Use of third parties", "nested": [], "links": [] }, { "text": "(e) Rule of construction \nNothing in this section shall be construed to require a covered platform to submit to the Commission any information that identifies, is linked to, or is reasonably linkable to a user of the covered platform or a device that identifies, is linked to, or is reasonably linkable to a user of the covered platform.", "id": "H4B83D3FE23204C45A6C56A13DE3113F6", "header": "Rule of construction", "nested": [], "links": [] }, { "text": "(f) Technology verification measure data security \nA covered platform shall— (1) establish, implement, and maintain reasonable data security to— (A) protect the confidentiality, integrity, and accessibility of technology verification measure data collected by the covered platform or a third party employed by the covered platform; and (B) protect such technology verification measure data against unauthorized access; and (2) retain the technology verification measure data for no longer than is reasonably necessary to utilize a technology verification measure or what is minimally necessary to demonstrate compliance with the obligations under this Act.", "id": "H582F625E19F344D2B10D7AC5FE2DA6FA", "header": "Technology verification measure data security", "nested": [], "links": [] } ], "links": [] }, { "text": "5. Consultation requirements \nIn enforcing the requirements under section 4, the Commission shall consult with the following individuals, including with respect to the applicable standards and metrics for making a determination on whether a user of a covered platform is not a minor: (1) Individuals with experience in computer science and software engineering. (2) Individuals with experience in— (A) advocating for online child safety; or (B) providing services to minors who have been victimized by online child exploitation. (3) Individuals with experience in consumer protection and online privacy. (4) Individuals who supply technology verification measure products or have expertise in technology verification measure solutions. (5) Individuals with experience in data security and cryptography.", "id": "HADCB8EA9A8BF4542A3E3D3EFE680238F", "header": "Consultation requirements", "nested": [], "links": [] }, { "text": "6. Commission requirements \n(a) In general \nThe Commission shall— (1) conduct regular audits of covered platforms to ensure compliance with the requirements of section 4; (2) make public the terms and processes for the audits conducted under paragraph (1), including the processes for any third party conducting an audit on behalf of the Commission; (3) establish a process for each covered platform to submit only such documents or other materials as are necessary for the Commission to ensure full compliance with the requirements of section 4 when conducting audits under this section; and (4) prescribe the appropriate documents, materials, or other measures required to demonstrate full compliance with the requirements of section 4. (b) Guidance \n(1) In general \nNot later than 180 days after the date of enactment of this Act, the Commission shall issue guidance to assist covered platforms in complying with the requirements of section 4. (2) Limitations on guidance \nNo guidance issued by the Commission with respect to this Act shall confer any rights on any person, State, or locality, nor shall operate to bind the Commission or any person to the approach recommended in such guidance. In any enforcement action brought pursuant to this Act, the Commission shall allege a specific violation of a provision of this Act. The Commission may not base an enforcement action on, or execute a consent order based on, practices that are alleged to be inconsistent with any such guidelines, unless the practices allegedly violate a provision of this Act.", "id": "H86769F2BD9364326B354C42461A2D2C0", "header": "Commission requirements", "nested": [ { "text": "(a) In general \nThe Commission shall— (1) conduct regular audits of covered platforms to ensure compliance with the requirements of section 4; (2) make public the terms and processes for the audits conducted under paragraph (1), including the processes for any third party conducting an audit on behalf of the Commission; (3) establish a process for each covered platform to submit only such documents or other materials as are necessary for the Commission to ensure full compliance with the requirements of section 4 when conducting audits under this section; and (4) prescribe the appropriate documents, materials, or other measures required to demonstrate full compliance with the requirements of section 4.", "id": "HF19C067A597747189113AA1D43133273", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Guidance \n(1) In general \nNot later than 180 days after the date of enactment of this Act, the Commission shall issue guidance to assist covered platforms in complying with the requirements of section 4. (2) Limitations on guidance \nNo guidance issued by the Commission with respect to this Act shall confer any rights on any person, State, or locality, nor shall operate to bind the Commission or any person to the approach recommended in such guidance. In any enforcement action brought pursuant to this Act, the Commission shall allege a specific violation of a provision of this Act. The Commission may not base an enforcement action on, or execute a consent order based on, practices that are alleged to be inconsistent with any such guidelines, unless the practices allegedly violate a provision of this Act.", "id": "H9D2B5B3506BA4256A2065051FD21B9A5", "header": "Guidance", "nested": [], "links": [] } ], "links": [] }, { "text": "7. Enforcement \n(a) Unfair or deceptive act or practice \nA violation of section 4 shall be treated as a violation of a rule defining an unfair or deceptive act or practice under section 18(a)(1)(B) of the Federal Trade Commission Act ( 15 U.S.C. 57a(a)(1)(B) ). (b) Powers of the Commission \n(1) In general \nThe Commission shall enforce section 4 in the same manner, by the same means, and with the same jurisdiction, powers, and duties as though all applicable terms and provisions of the Federal Trade Commission Act ( 15 U.S.C. 41 et seq. ) were incorporated into and made a part of this title. (2) Privileges and immunities \nAny person who violates section 4 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. ). (3) Authority preserved \nNothing in this Act shall be construed to limit the authority of the Commission under any other provision of law.", "id": "HCBF5F4262ED94F789636614AEB78409A", "header": "Enforcement", "nested": [ { "text": "(a) Unfair or deceptive act or practice \nA violation of section 4 shall be treated as a violation of a rule defining an unfair or deceptive act or practice under section 18(a)(1)(B) of the Federal Trade Commission Act ( 15 U.S.C. 57a(a)(1)(B) ).", "id": "HA7D32A80FA724103B2AF07658CC25BC2", "header": "Unfair or deceptive act or practice", "nested": [], "links": [ { "text": "15 U.S.C. 57a(a)(1)(B)", "legal-doc": "usc", "parsable-cite": "usc/15/57a" } ] }, { "text": "(b) Powers of the Commission \n(1) In general \nThe Commission shall enforce section 4 in the same manner, by the same means, and with the same jurisdiction, powers, and duties as though all applicable terms and provisions of the Federal Trade Commission Act ( 15 U.S.C. 41 et seq. ) were incorporated into and made a part of this title. (2) Privileges and immunities \nAny person who violates section 4 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. ). (3) Authority preserved \nNothing in this Act shall be construed to limit the authority of the Commission under any other provision of law.", "id": "H01BD09F621D44542A765ACA2624EC418", "header": "Powers of the Commission", "nested": [], "links": [ { "text": "15 U.S.C. 41 et seq.", "legal-doc": "usc", "parsable-cite": "usc/15/41" }, { "text": "15 U.S.C. 41 et seq.", "legal-doc": "usc", "parsable-cite": "usc/15/41" } ] } ], "links": [ { "text": "15 U.S.C. 57a(a)(1)(B)", "legal-doc": "usc", "parsable-cite": "usc/15/57a" }, { "text": "15 U.S.C. 41 et seq.", "legal-doc": "usc", "parsable-cite": "usc/15/41" }, { "text": "15 U.S.C. 41 et seq.", "legal-doc": "usc", "parsable-cite": "usc/15/41" } ] }, { "text": "8. GAO report \nNot later than 2 years after the date on which covered platforms are required to comply with the requirement of section 4(a), the Comptroller General of the United States shall submit to Congress a report that includes— (1) an analysis of the effectiveness of the technology verification measures required under such section; (2) an analysis of rates of compliance with such section among covered platforms; (3) an analysis of the data security measures used by covered platforms in the age verification process; (4) an analysis of the behavioral, economic, psychological, and societal effects of implementing technology verification measures; (5) recommendations to the Commission on improving enforcement of section 4(a), if any; and (6) recommendations to Congress on potential legislative improvements to this Act, if any.", "id": "H3FF55B63F1134AFD906BA2F7A3E912E6", "header": "GAO report", "nested": [], "links": [] }, { "text": "9. Severability clause \nIf any provision of this Act, or the application of such a provision to any person or circumstance, is held to be unconstitutional, the remaining provisions of this Act, and the application of such provisions to any other person or circumstance, shall not be affected thereby.", "id": "HD8591E94ACF64C8DA6CF156B3CC887A3", "header": "Severability clause", "nested": [], "links": [] } ]
9
1. Short title This Act may be cited as the Shielding Children's Retinas from Egregious Exposure on the Net Act or the SCREEN Act. 2. Findings; sense of Congress (a) Findings Congress finds the following: (1) Over the 3 decades preceding the date of enactment of this Act, Congress has passed several bills to protect minors from access to online pornographic content, including title V of the Telecommunications Act of 1996 ( Public Law 104–104 ) (commonly known as the Communications Decency Act ), section 231 of the Communications Act of 1934 ( 47 U.S.C. 231 ) (commonly known as the Child Online Protection Act ), and the Children’s Internet Protection Act (title XVII of division B of Public Law 106–554 ). (2) With the exception of the Children's Internet Protection Act (title XVII of division B of Public Law 106–554 ), the Supreme Court of the United States has struck down the previous efforts of Congress to shield children from pornographic content, finding that such legislation constituted a compelling government interest but that it was not the least restrictive means to achieve such interest. In Ashcroft v. ACLU, 542 U.S. 656 (2004), the Court even suggested at the time that blocking and filtering software could conceivably be a primary alternative to the requirements passed by Congress. (3) In the nearly 2 decades since the Supreme Court of the United States suggested the use of blocking and filtering software , such technology has proven to be ineffective in protecting minors from accessing online pornographic content. The Kaiser Family Foundation has found that filters do not work on 1 in 10 pornography sites accessed intentionally and 1 in 3 pornography sites that are accessed unintentionally. Further, it has been proven that children are able to bypass blocking and filtering software by employing strategic searches or measures to bypass the software completely. (4) Additionally, Pew Research has revealed studies showing that only 39 percent of parents use blocking or filtering software for their minor’s online activities, meaning that 61 percent of children only have restrictions on their internet access when they are at school or at a library. (5) 17 States have now recognized pornography as a public health hazard that leads to a broad range of individual harms, societal harms, and public health impacts. (6) It is estimated that 80 percent of minors between the ages of 12 to 17 have been exposed to pornography, with 54 percent of teenagers seeking it out. The internet is the most common source for minors to access pornography with pornographic websites receiving more web traffic in the United States than Twitter, Netflix, Pinterest, and LinkedIn combined. (7) Exposure to online pornography has created unique psychological effects for minors, including anxiety, addiction, low self-esteem, body image disorders, an increase in problematic sexual activity at younger ages, and an increased desire among minors to engage in risky sexual behavior. (8) The Supreme Court of the United States has recognized on multiple occasions that Congress has a compelling government interest to protect the physical and psychological well-being of minors, which includes shielding them from indecent content that may not necessarily be considered obscene by adult standards. (9) Because blocking and filtering software has not produced the results envisioned nearly 2 decades ago, it is necessary for Congress to pursue alternative policies to enable the protection of the physical and psychological well-being of minors. (10) The evolution of our technology has now enabled the use of age verification technology that is cost efficient, not unduly burdensome, and can be operated narrowly in a manner that ensures only adults have access to a website’s online pornographic content. (b) Sense of Congress It is the sense of Congress that— (1) shielding minors from access to online pornographic content is a compelling government interest that protects the physical and psychological well-being of minors; and (2) requiring interactive computer services that are in the business of creating, hosting, or making available pornographic content to enact technological measures that shield minors from accessing pornographic content on their platforms is the least restrictive means for Congress to achieve its compelling government interest. 3. Definitions In this Act: (1) Child pornography; minor The terms child pornography and minor have the meanings given those terms in section 2256 of title 18, United States Code. (2) Commission The term Commission means the Federal Trade Commission. (3) Covered platform The term covered platform — (A) means an entity— (i) that is an interactive computer service; (ii) that— (I) is engaged in interstate or foreign commerce; or (II) purposefully avails itself of the United States market or a portion thereof; and (iii) for which it is in the regular course of the trade or business of the entity to create, host, or make available content that meets the definition of harmful to minors under paragraph (4) and that is provided by the entity, a user, or other information content provider, with the objective of earning a profit; and (B) includes an entity described in subparagraph (A) regardless of whether— (i) the entity earns a profit on the activities described in subparagraph (A)(iii); or (ii) creating, hosting, or making available content that meets the definition of harmful to minors under paragraph (4) is the sole source of income or principal business of the entity. (4) Harmful to minors The term harmful to minors , with respect to a picture, image, graphic image file, film, videotape, or other visual depiction, means that the picture, image, graphic image file, film, videotape, or other depiction— (A) (i) taken as a whole and with respect to minors, appeals to the prurient interest in nudity, sex, or excretion; (ii) depicts, describes, or represents, in a patently offensive way with respect to what is suitable for minors, an actual or simulated sexual act or sexual contact, actual or simulated normal or perverted sexual acts, or lewd exhibition of the genitals; and (iii) taken as a whole, lacks serious, literary, artistic, political, or scientific value as to minors; (B) is obscene; or (C) is child pornography. (5) Information content provider; interactive computer service The terms information content provider and interactive computer service have the meanings given those terms in section 230(f) of the Communications Act of 1934 ( 47 U.S.C. 230(f) ). (6) Sexual act; sexual contact The terms sexual act and sexual contact have the meanings given those terms in section 2246 of title 18, United States Code. (7) Technology verification measure The term technology verification measure means technology that— (A) employs a system or process to determine whether it is more likely than not that a user of a covered platform is a minor; and (B) prevents access by minors to any content on a covered platform. (8) Technology verification measure data The term technology verification measure data means information that— (A) identifies, is linked to, or is reasonably linkable to an individual or a device that identifies, is linked to, or is reasonably linkable to an individual; (B) is collected or processed for the purpose of fulfilling a request by an individual to access any content on a covered platform; and (C) is collected and processed solely for the purpose of utilizing a technology verification measure and meeting the obligations imposed under this Act. 4. Technology verification measures (a) Covered platform requirements Beginning on the date that is 1 year after the date of enactment of this Act, a covered platform shall adopt and utilize technology verification measures on the platform to ensure that— (1) users of the covered platform are not minors; and (2) minors are prevented from accessing any content on the covered platform that is harmful to minors. (b) Requirements for age verification measures In order to comply with the requirement of subsection (a), the technology verification measures adopted and utilized by a covered platform shall do the following: (1) Use a technology verification measure in order to verify a user's age. (2) Provide that requiring a user to confirm that the user is not a minor shall not be sufficient to satisfy the requirement of subsection (a). (3) Make publicly available the verification process that the covered platform is employing to comply with the requirements under this Act. (4) Subject the Internet Protocol (IP) addresses, including known virtual proxy network IP addresses, of all users of a covered platform to the technology verification measure described in paragraph (1) unless the covered platform determines based on available technology that a user is not located within the United States. (c) Choice of verification measures A covered platform may choose the specific technology verification measures to employ for purposes of complying with subsection (a), provided that the technology verification measure employed by the covered platform meets the requirements of subsection (b) and prohibits a minor from accessing the platform or any information on the platform that is obscene, child pornography, or harmful to minors. (d) Use of third parties A covered platform may contract with a third party to employ technology verification measures for purposes of complying with subsection (a) but the use of such a third party shall not relieve the covered platform of its obligations under this Act or from liability under this Act. (e) Rule of construction Nothing in this section shall be construed to require a covered platform to submit to the Commission any information that identifies, is linked to, or is reasonably linkable to a user of the covered platform or a device that identifies, is linked to, or is reasonably linkable to a user of the covered platform. (f) Technology verification measure data security A covered platform shall— (1) establish, implement, and maintain reasonable data security to— (A) protect the confidentiality, integrity, and accessibility of technology verification measure data collected by the covered platform or a third party employed by the covered platform; and (B) protect such technology verification measure data against unauthorized access; and (2) retain the technology verification measure data for no longer than is reasonably necessary to utilize a technology verification measure or what is minimally necessary to demonstrate compliance with the obligations under this Act. 5. Consultation requirements In enforcing the requirements under section 4, the Commission shall consult with the following individuals, including with respect to the applicable standards and metrics for making a determination on whether a user of a covered platform is not a minor: (1) Individuals with experience in computer science and software engineering. (2) Individuals with experience in— (A) advocating for online child safety; or (B) providing services to minors who have been victimized by online child exploitation. (3) Individuals with experience in consumer protection and online privacy. (4) Individuals who supply technology verification measure products or have expertise in technology verification measure solutions. (5) Individuals with experience in data security and cryptography. 6. Commission requirements (a) In general The Commission shall— (1) conduct regular audits of covered platforms to ensure compliance with the requirements of section 4; (2) make public the terms and processes for the audits conducted under paragraph (1), including the processes for any third party conducting an audit on behalf of the Commission; (3) establish a process for each covered platform to submit only such documents or other materials as are necessary for the Commission to ensure full compliance with the requirements of section 4 when conducting audits under this section; and (4) prescribe the appropriate documents, materials, or other measures required to demonstrate full compliance with the requirements of section 4. (b) Guidance (1) In general Not later than 180 days after the date of enactment of this Act, the Commission shall issue guidance to assist covered platforms in complying with the requirements of section 4. (2) Limitations on guidance No guidance issued by the Commission with respect to this Act shall confer any rights on any person, State, or locality, nor shall operate to bind the Commission or any person to the approach recommended in such guidance. In any enforcement action brought pursuant to this Act, the Commission shall allege a specific violation of a provision of this Act. The Commission may not base an enforcement action on, or execute a consent order based on, practices that are alleged to be inconsistent with any such guidelines, unless the practices allegedly violate a provision of this Act. 7. Enforcement (a) Unfair or deceptive act or practice A violation of section 4 shall be treated as a violation of a rule defining an unfair or deceptive act or practice under section 18(a)(1)(B) of the Federal Trade Commission Act ( 15 U.S.C. 57a(a)(1)(B) ). (b) Powers of the Commission (1) In general The Commission shall enforce section 4 in the same manner, by the same means, and with the same jurisdiction, powers, and duties as though all applicable terms and provisions of the Federal Trade Commission Act ( 15 U.S.C. 41 et seq. ) were incorporated into and made a part of this title. (2) Privileges and immunities Any person who violates section 4 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. ). (3) Authority preserved Nothing in this Act shall be construed to limit the authority of the Commission under any other provision of law. 8. GAO report Not later than 2 years after the date on which covered platforms are required to comply with the requirement of section 4(a), the Comptroller General of the United States shall submit to Congress a report that includes— (1) an analysis of the effectiveness of the technology verification measures required under such section; (2) an analysis of rates of compliance with such section among covered platforms; (3) an analysis of the data security measures used by covered platforms in the age verification process; (4) an analysis of the behavioral, economic, psychological, and societal effects of implementing technology verification measures; (5) recommendations to the Commission on improving enforcement of section 4(a), if any; and (6) recommendations to Congress on potential legislative improvements to this Act, if any. 9. Severability clause If any provision of this Act, or the application of such a provision to any person or circumstance, is held to be unconstitutional, the remaining provisions of this Act, and the application of such provisions to any other person or circumstance, shall not be affected thereby.
15,102
[ "Energy and Commerce Committee" ]
118hr5212ih
118
hr
5,212
ih
To amend the Federal Fire Prevention and Control Act of 1974 to make available under the assistance to firefighters grant program the establishment of cancer prevention programs, and for other purposes.
[ { "text": "1. Short title \nThis Act may be cited as the Firefighter Investments to Recognize Exposure to Cancer Act of 2023 or the FIRE Cancer Act of 2023.", "id": "H5C54E80903E54685A1ABB92CEC381C76", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Cancer prevention programs for firefighters \n(a) In general \nSection 33 of the Federal Fire Prevention and Control Act of 1974 ( 15 U.S.C. 2229 ) is amended— (1) in subsection (c)(3)— (A) by redesignating subparagraphs (F) through (N) as subparagraphs (G) through (O), respectively; and (B) by inserting after subparagraph (E) the following new subparagraph: (F) To establish cancer prevention programs for firefighting personnel, including providing multi-cancer early detection testing or other forms of preventative tests. ; (2) in subsection (i), by adding at the end the following new paragraph: (4) Maximum amount for certain cancer tests \nNot more than $1,750 from available grant funds under subsection (c)(3)(F) may be obligated and expended for each multi-cancer early detection test or other form of preventative test. ; (3) in subsection (q), by adding at the end the following new paragraph: (4) Cancer prevention programs \nThere is authorized to be appropriated $700,000,000 for grants under subsection (c)(3)(F). ; (4) by redesignating subsection (r) as subsection (s); and (5) by inserting after subsection (q) the following new subsection: (r) Cancer research \nThe Administrator of FEMA and the Director of the Centers for Disease Control and Prevention shall jointly establish a voluntary program through which firefighting personnel may share with the Centers results of multi-cancer early detection testing or other forms of preventative tests in order to identify any trends or causes of cancer in such personnel. Any such results shall be shared in an anonymized, de-identified manner that safeguards the personally identifiable information of such personnel in order to prevent attribution to any such personnel of any such shared results.. (b) Technical and conforming amendment \nParagraph (1) of section 33(i) of the Federal Fire Prevention and Control Act of 1974 ( 15 U.S.C. 2229(i) ) is amended by striking described in subsection (c)(3)(F) and inserting described in subsection (c)(3)(G).", "id": "H74BC44618744459C810F6915FE5DED8E", "header": "Cancer prevention programs for firefighters", "nested": [ { "text": "(a) In general \nSection 33 of the Federal Fire Prevention and Control Act of 1974 ( 15 U.S.C. 2229 ) is amended— (1) in subsection (c)(3)— (A) by redesignating subparagraphs (F) through (N) as subparagraphs (G) through (O), respectively; and (B) by inserting after subparagraph (E) the following new subparagraph: (F) To establish cancer prevention programs for firefighting personnel, including providing multi-cancer early detection testing or other forms of preventative tests. ; (2) in subsection (i), by adding at the end the following new paragraph: (4) Maximum amount for certain cancer tests \nNot more than $1,750 from available grant funds under subsection (c)(3)(F) may be obligated and expended for each multi-cancer early detection test or other form of preventative test. ; (3) in subsection (q), by adding at the end the following new paragraph: (4) Cancer prevention programs \nThere is authorized to be appropriated $700,000,000 for grants under subsection (c)(3)(F). ; (4) by redesignating subsection (r) as subsection (s); and (5) by inserting after subsection (q) the following new subsection: (r) Cancer research \nThe Administrator of FEMA and the Director of the Centers for Disease Control and Prevention shall jointly establish a voluntary program through which firefighting personnel may share with the Centers results of multi-cancer early detection testing or other forms of preventative tests in order to identify any trends or causes of cancer in such personnel. Any such results shall be shared in an anonymized, de-identified manner that safeguards the personally identifiable information of such personnel in order to prevent attribution to any such personnel of any such shared results..", "id": "H128251F6BD8142FA8DA549CEE6F63445", "header": "In general", "nested": [], "links": [ { "text": "15 U.S.C. 2229", "legal-doc": "usc", "parsable-cite": "usc/15/2229" } ] }, { "text": "(b) Technical and conforming amendment \nParagraph (1) of section 33(i) of the Federal Fire Prevention and Control Act of 1974 ( 15 U.S.C. 2229(i) ) is amended by striking described in subsection (c)(3)(F) and inserting described in subsection (c)(3)(G).", "id": "H0F53B906F3EA4EE287F98F42678A4411", "header": "Technical and conforming amendment", "nested": [], "links": [ { "text": "15 U.S.C. 2229(i)", "legal-doc": "usc", "parsable-cite": "usc/15/2229" } ] } ], "links": [ { "text": "15 U.S.C. 2229", "legal-doc": "usc", "parsable-cite": "usc/15/2229" }, { "text": "15 U.S.C. 2229(i)", "legal-doc": "usc", "parsable-cite": "usc/15/2229" } ] } ]
2
1. Short title This Act may be cited as the Firefighter Investments to Recognize Exposure to Cancer Act of 2023 or the FIRE Cancer Act of 2023. 2. Cancer prevention programs for firefighters (a) In general Section 33 of the Federal Fire Prevention and Control Act of 1974 ( 15 U.S.C. 2229 ) is amended— (1) in subsection (c)(3)— (A) by redesignating subparagraphs (F) through (N) as subparagraphs (G) through (O), respectively; and (B) by inserting after subparagraph (E) the following new subparagraph: (F) To establish cancer prevention programs for firefighting personnel, including providing multi-cancer early detection testing or other forms of preventative tests. ; (2) in subsection (i), by adding at the end the following new paragraph: (4) Maximum amount for certain cancer tests Not more than $1,750 from available grant funds under subsection (c)(3)(F) may be obligated and expended for each multi-cancer early detection test or other form of preventative test. ; (3) in subsection (q), by adding at the end the following new paragraph: (4) Cancer prevention programs There is authorized to be appropriated $700,000,000 for grants under subsection (c)(3)(F). ; (4) by redesignating subsection (r) as subsection (s); and (5) by inserting after subsection (q) the following new subsection: (r) Cancer research The Administrator of FEMA and the Director of the Centers for Disease Control and Prevention shall jointly establish a voluntary program through which firefighting personnel may share with the Centers results of multi-cancer early detection testing or other forms of preventative tests in order to identify any trends or causes of cancer in such personnel. Any such results shall be shared in an anonymized, de-identified manner that safeguards the personally identifiable information of such personnel in order to prevent attribution to any such personnel of any such shared results.. (b) Technical and conforming amendment Paragraph (1) of section 33(i) of the Federal Fire Prevention and Control Act of 1974 ( 15 U.S.C. 2229(i) ) is amended by striking described in subsection (c)(3)(F) and inserting described in subsection (c)(3)(G).
2,165
[ "Science, Space, and Technology Committee" ]
118hr6717ih
118
hr
6,717
ih
To amend the Agricultural Credit Act of 1978 to remove barriers to agricultural producers in accessing funds to carry out emergency measures under the emergency conservation program, and for other purposes.
[ { "text": "1. Short title \nThis Act may be cited as the Emergency Conservation Program Improvement Act of 2023.", "id": "H3E6BB00379144247A76202B8A3DAE073", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Improving the Emergency Conservation Program \nSection 401 of the Agricultural Credit Act of 1978 ( 16 U.S.C. 2201 ) is amended— (1) in subsection (b)— (A) in the subsection heading, by inserting and other emergency conservation measures after fencing ; and (B) in paragraph (1)— (i) by inserting or other emergency measures to replace or restore farmland or conservation structures requiring an immediate response (as determined by the Secretary), after replacement of fencing, ; and (ii) by striking option of receiving and all that follows through the period at the end and inserting the following: option of receiving, before the agricultural producer carries out the repair, replacement, or restoration— (A) with respect to a payment to the agricultural producer for a replacement, 75 percent of the cost of the replacement, as determined by the Secretary based on the fair market value of the cost of the replacement using the estimated cost of the applicable practice published in the Field Office Technical Guide of each State by the Natural Resources Conservation Service; and (B) with respect to a payment to the agricultural producer for a repair or restoration, 50 percent of the cost of the repair or restoration, as determined by the Secretary based on the fair market value of the cost of the repair or restoration using the estimated cost of the applicable practice published in the Field Office Technical Guide of each State by the Natural Resources Conservation Service. ; and (2) by adding at the end the following: (c) Wildfire determination \nA wildfire that causes damage eligible for a payment under subsection (a) includes— (1) a wildfire that is not caused naturally if the damage is caused by the spread of the wildfire due to natural causes; and (2) a wildfire that is caused by the Federal Government..", "id": "H7CA0C8579ADE4A1D87B2B93F4DFF24B9", "header": "Improving the Emergency Conservation Program", "nested": [], "links": [ { "text": "16 U.S.C. 2201", "legal-doc": "usc", "parsable-cite": "usc/16/2201" } ] }, { "text": "3. Improving the Emergency Forest Restoration Program \nSection 407 of the Agricultural Credit Act of 1978 ( 16 U.S.C. 2206 ) is amended— (1) in subsection (a)(2), by striking wildfires, and inserting wildfires (including a wildfire that is not caused naturally if the damage is caused by the spread of the wildfire due to natural causes and a wildfire that is caused by the Federal Government), ; (2) by redesignating subsection (e) as subsection (f); and (3) by inserting after subsection (d) the following: (e) Advance payments \n(1) In general \nThe Secretary shall give an owner of nonindustrial private forest land the option of receiving, before the owner carries out emergency measures under this section, not more than 75 percent of the cost of the emergency measures, as determined by the Secretary based on the fair market value of the cost of the emergency measures using the estimated cost of the applicable practice published in the Field Office Technical Guide of each State by the Natural Resources Conservation Service. (2) Return of funds \nIf the funds provided under paragraph (1) are not expended by the end of the 180-day period beginning on the date on which the owner of nonindustrial private forest land receives those funds, the funds shall be returned within a reasonable timeframe, as determined by the Secretary..", "id": "HEC2A6785854541AD8103A924527491FB", "header": "Improving the Emergency Forest Restoration Program", "nested": [], "links": [ { "text": "16 U.S.C. 2206", "legal-doc": "usc", "parsable-cite": "usc/16/2206" } ] } ]
3
1. Short title This Act may be cited as the Emergency Conservation Program Improvement Act of 2023. 2. Improving the Emergency Conservation Program Section 401 of the Agricultural Credit Act of 1978 ( 16 U.S.C. 2201 ) is amended— (1) in subsection (b)— (A) in the subsection heading, by inserting and other emergency conservation measures after fencing ; and (B) in paragraph (1)— (i) by inserting or other emergency measures to replace or restore farmland or conservation structures requiring an immediate response (as determined by the Secretary), after replacement of fencing, ; and (ii) by striking option of receiving and all that follows through the period at the end and inserting the following: option of receiving, before the agricultural producer carries out the repair, replacement, or restoration— (A) with respect to a payment to the agricultural producer for a replacement, 75 percent of the cost of the replacement, as determined by the Secretary based on the fair market value of the cost of the replacement using the estimated cost of the applicable practice published in the Field Office Technical Guide of each State by the Natural Resources Conservation Service; and (B) with respect to a payment to the agricultural producer for a repair or restoration, 50 percent of the cost of the repair or restoration, as determined by the Secretary based on the fair market value of the cost of the repair or restoration using the estimated cost of the applicable practice published in the Field Office Technical Guide of each State by the Natural Resources Conservation Service. ; and (2) by adding at the end the following: (c) Wildfire determination A wildfire that causes damage eligible for a payment under subsection (a) includes— (1) a wildfire that is not caused naturally if the damage is caused by the spread of the wildfire due to natural causes; and (2) a wildfire that is caused by the Federal Government.. 3. Improving the Emergency Forest Restoration Program Section 407 of the Agricultural Credit Act of 1978 ( 16 U.S.C. 2206 ) is amended— (1) in subsection (a)(2), by striking wildfires, and inserting wildfires (including a wildfire that is not caused naturally if the damage is caused by the spread of the wildfire due to natural causes and a wildfire that is caused by the Federal Government), ; (2) by redesignating subsection (e) as subsection (f); and (3) by inserting after subsection (d) the following: (e) Advance payments (1) In general The Secretary shall give an owner of nonindustrial private forest land the option of receiving, before the owner carries out emergency measures under this section, not more than 75 percent of the cost of the emergency measures, as determined by the Secretary based on the fair market value of the cost of the emergency measures using the estimated cost of the applicable practice published in the Field Office Technical Guide of each State by the Natural Resources Conservation Service. (2) Return of funds If the funds provided under paragraph (1) are not expended by the end of the 180-day period beginning on the date on which the owner of nonindustrial private forest land receives those funds, the funds shall be returned within a reasonable timeframe, as determined by the Secretary..
3,271
[ "Agriculture Committee" ]
118hr1476ih
118
hr
1,476
ih
To provide for the collection and sharing of information, including tax return information, for purposes of criminal investigations with respect to loans under the Paycheck Protection Program.
[ { "text": "1. Short title \nThis Act may be cited as the PPP Shell Company Discovery Act.", "id": "H650198BBA4024E6397FE6FC230E84605", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Collection and sharing of information for criminal investigations with respect to loans under the Paycheck Protection Program \n(a) List of loan recipients \nThe Secretary of the Treasury or the Secretary’s delegate (hereafter in this section referred to as the Secretary ), after consultation with the Administrator of the Small Business Administration, the Pandemic Response Accountability Committee, and such other persons as the Secretary determines appropriate, shall compile a list of the persons who received PPP loans. Such list shall include the name, mailing address, and taxpayer identifying number (within the meaning of section 6109 of the Internal Revenue Code of 1986) of, and aggregate amount of PPP loans received by, each such person. The Secretary shall make all information included on such list available to officers and employees of the Internal Revenue Service and the Department of Justice. (b) Creation of lists of loan recipients based on certain payroll tax information \n(1) List of loan recipients with no FICA tax withholding \nThe Commissioner of Internal Revenue shall create a list of PPP loan recipients (including the information described in subsection (a) with respect to each such recipient) which did not deduct and withhold any tax under section 3102 of the Internal Revenue Code of 1986 during calendar year 2019. (2) List of loan recipients with large PPP loans relative to FICA wages \nThe Commissioner of Internal Revenue shall create a list of PPP loan recipients (including the information described in subsection (a) with respect to each such recipient) with respect to whom the aggregate amount of PPP loans received by such person (as reported on the list described in subsection (a)) equals or exceeds the product of— (A) the greatest amount of wages (as defined in section 3121(a) of the Internal Revenue Code of 1986) for any calendar month during 2019 with respect to which tax was paid by such person under section 3111 of such Code, multiplied by (B) 4. (3) Notification of list completion \nThe Commissioner of Internal Revenue shall notify the Attorney General and the Secretary of the Treasury when each list described in paragraphs (1) and (2) has been completed. (4) Authority to disclose lists for use in criminal investigations \nFor authority and procedure for disclosure of return information for use in criminal investigations, see section 6103(i)(1) of the Internal Revenue Code of 1986. (c) Definitions \nFor purposes of this section— (1) PPP loans \nThe term PPP loan means a covered loan made under paragraph (36) or (37) of section 7(a) of the Small Business Act ( 15 U.S.C. 636(a) ) that was forgiven under such paragraph (37) or section 7A of such Act ( 15 U.S.C. 636m ). (2) PPP loan recipient \nThe term PPP loan recipient means any person included on the list compiled by the Secretary under subsection (a).", "id": "H9F3CEBC90586477AAA59747F0CA68470", "header": "Collection and sharing of information for criminal investigations with respect to loans under the Paycheck Protection Program", "nested": [ { "text": "(a) List of loan recipients \nThe Secretary of the Treasury or the Secretary’s delegate (hereafter in this section referred to as the Secretary ), after consultation with the Administrator of the Small Business Administration, the Pandemic Response Accountability Committee, and such other persons as the Secretary determines appropriate, shall compile a list of the persons who received PPP loans. Such list shall include the name, mailing address, and taxpayer identifying number (within the meaning of section 6109 of the Internal Revenue Code of 1986) of, and aggregate amount of PPP loans received by, each such person. The Secretary shall make all information included on such list available to officers and employees of the Internal Revenue Service and the Department of Justice.", "id": "H37321543A60348A2B34528E55E4D730D", "header": "List of loan recipients", "nested": [], "links": [ { "text": "section 6109", "legal-doc": "usc", "parsable-cite": "usc/26/6109" } ] }, { "text": "(b) Creation of lists of loan recipients based on certain payroll tax information \n(1) List of loan recipients with no FICA tax withholding \nThe Commissioner of Internal Revenue shall create a list of PPP loan recipients (including the information described in subsection (a) with respect to each such recipient) which did not deduct and withhold any tax under section 3102 of the Internal Revenue Code of 1986 during calendar year 2019. (2) List of loan recipients with large PPP loans relative to FICA wages \nThe Commissioner of Internal Revenue shall create a list of PPP loan recipients (including the information described in subsection (a) with respect to each such recipient) with respect to whom the aggregate amount of PPP loans received by such person (as reported on the list described in subsection (a)) equals or exceeds the product of— (A) the greatest amount of wages (as defined in section 3121(a) of the Internal Revenue Code of 1986) for any calendar month during 2019 with respect to which tax was paid by such person under section 3111 of such Code, multiplied by (B) 4. (3) Notification of list completion \nThe Commissioner of Internal Revenue shall notify the Attorney General and the Secretary of the Treasury when each list described in paragraphs (1) and (2) has been completed. (4) Authority to disclose lists for use in criminal investigations \nFor authority and procedure for disclosure of return information for use in criminal investigations, see section 6103(i)(1) of the Internal Revenue Code of 1986.", "id": "H818CE3F2AAB44C7482F67E47B113454B", "header": "Creation of lists of loan recipients based on certain payroll tax information", "nested": [], "links": [ { "text": "section 3102", "legal-doc": "usc", "parsable-cite": "usc/26/3102" }, { "text": "section 3121(a)", "legal-doc": "usc", "parsable-cite": "usc/26/3121" }, { "text": "section 6103(i)(1)", "legal-doc": "usc", "parsable-cite": "usc/26/6103" } ] }, { "text": "(c) Definitions \nFor purposes of this section— (1) PPP loans \nThe term PPP loan means a covered loan made under paragraph (36) or (37) of section 7(a) of the Small Business Act ( 15 U.S.C. 636(a) ) that was forgiven under such paragraph (37) or section 7A of such Act ( 15 U.S.C. 636m ). (2) PPP loan recipient \nThe term PPP loan recipient means any person included on the list compiled by the Secretary under subsection (a).", "id": "H0F2E05B44F044416B7F883326970392C", "header": "Definitions", "nested": [], "links": [ { "text": "15 U.S.C. 636(a)", "legal-doc": "usc", "parsable-cite": "usc/15/636" }, { "text": "15 U.S.C. 636m", "legal-doc": "usc", "parsable-cite": "usc/15/636m" } ] } ], "links": [ { "text": "section 6109", "legal-doc": "usc", "parsable-cite": "usc/26/6109" }, { "text": "section 3102", "legal-doc": "usc", "parsable-cite": "usc/26/3102" }, { "text": "section 3121(a)", "legal-doc": "usc", "parsable-cite": "usc/26/3121" }, { "text": "section 6103(i)(1)", "legal-doc": "usc", "parsable-cite": "usc/26/6103" }, { "text": "15 U.S.C. 636(a)", "legal-doc": "usc", "parsable-cite": "usc/15/636" }, { "text": "15 U.S.C. 636m", "legal-doc": "usc", "parsable-cite": "usc/15/636m" } ] } ]
2
1. Short title This Act may be cited as the PPP Shell Company Discovery Act. 2. Collection and sharing of information for criminal investigations with respect to loans under the Paycheck Protection Program (a) List of loan recipients The Secretary of the Treasury or the Secretary’s delegate (hereafter in this section referred to as the Secretary ), after consultation with the Administrator of the Small Business Administration, the Pandemic Response Accountability Committee, and such other persons as the Secretary determines appropriate, shall compile a list of the persons who received PPP loans. Such list shall include the name, mailing address, and taxpayer identifying number (within the meaning of section 6109 of the Internal Revenue Code of 1986) of, and aggregate amount of PPP loans received by, each such person. The Secretary shall make all information included on such list available to officers and employees of the Internal Revenue Service and the Department of Justice. (b) Creation of lists of loan recipients based on certain payroll tax information (1) List of loan recipients with no FICA tax withholding The Commissioner of Internal Revenue shall create a list of PPP loan recipients (including the information described in subsection (a) with respect to each such recipient) which did not deduct and withhold any tax under section 3102 of the Internal Revenue Code of 1986 during calendar year 2019. (2) List of loan recipients with large PPP loans relative to FICA wages The Commissioner of Internal Revenue shall create a list of PPP loan recipients (including the information described in subsection (a) with respect to each such recipient) with respect to whom the aggregate amount of PPP loans received by such person (as reported on the list described in subsection (a)) equals or exceeds the product of— (A) the greatest amount of wages (as defined in section 3121(a) of the Internal Revenue Code of 1986) for any calendar month during 2019 with respect to which tax was paid by such person under section 3111 of such Code, multiplied by (B) 4. (3) Notification of list completion The Commissioner of Internal Revenue shall notify the Attorney General and the Secretary of the Treasury when each list described in paragraphs (1) and (2) has been completed. (4) Authority to disclose lists for use in criminal investigations For authority and procedure for disclosure of return information for use in criminal investigations, see section 6103(i)(1) of the Internal Revenue Code of 1986. (c) Definitions For purposes of this section— (1) PPP loans The term PPP loan means a covered loan made under paragraph (36) or (37) of section 7(a) of the Small Business Act ( 15 U.S.C. 636(a) ) that was forgiven under such paragraph (37) or section 7A of such Act ( 15 U.S.C. 636m ). (2) PPP loan recipient The term PPP loan recipient means any person included on the list compiled by the Secretary under subsection (a).
2,953
[ "Small Business Committee", "Ways and Means Committee" ]
118hr3815ih
118
hr
3,815
ih
To amend the Federal Crop Insurance Act to require the research and development of a policy to insure the production of mushrooms.
[ { "text": "1. Short title \nThis Act may be cited as the Protecting Mushroom Farmers Act.", "id": "H52F5E4E12202431A82972B0EDF225767", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Research and development on mushrooms \nSection 522(c) of the Federal Crop Insurance Act ( 7 U.S.C. 1522(c) ) is amended by adding at the end the following: (20) Mushrooms \n(A) In general \nThe Corporation shall carry out research and development, or offer to enter into 1 or more contracts with 1 or more qualified persons to carry out research and development, regarding a policy to insure— (i) the production of mushroom growing media; and (ii) the production of mushrooms. (B) Availability of policy \nNotwithstanding the second sentence of section 508(a)(1), and section 508(a)(2), the Corporation shall make a policy described in subparagraph (A) available if the requirements of section 508(h) are met. (C) Research and development described \nResearch and development described in subparagraph (A) shall evaluate the effectiveness of policies described in that subparagraph, including policies that— (i) are based on the risk of— (I) pests, including mushroom phorid flies and sciarid flies; (II) fungal pathogens; and (III) viral pathogens; (ii) consider other causes of loss applicable to mushroom compost and mushroom production, such as— (I) a loss of electricity due to weather; and (II) loss of growing media due to excessive 5-year, 10-year, or 20-year rainfall events; (iii) consider appropriate best practices to minimize the risk of loss; (iv) consider whether to provide coverage for mushrooms under 1 policy or to provide coverage for various phases of production; (v) have streamlined reporting and paperwork requirements that take into account short propagation schedules, variable crop years, and the variety of mushrooms that may be produced in a single facility; and (vi) provide protection for revenue losses. (D) Report \nNot later than 2 years after the date of enactment of this paragraph, the Corporation shall 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— (i) the results of the research and development carried out under subparagraph (A); and (ii) any recommendations with respect to those results..", "id": "HE6D14DC497254B0D8BEE2DC0AD097879", "header": "Research and development on mushrooms", "nested": [], "links": [ { "text": "7 U.S.C. 1522(c)", "legal-doc": "usc", "parsable-cite": "usc/7/1522" } ] } ]
2
1. Short title This Act may be cited as the Protecting Mushroom Farmers Act. 2. Research and development on mushrooms Section 522(c) of the Federal Crop Insurance Act ( 7 U.S.C. 1522(c) ) is amended by adding at the end the following: (20) Mushrooms (A) In general The Corporation shall carry out research and development, or offer to enter into 1 or more contracts with 1 or more qualified persons to carry out research and development, regarding a policy to insure— (i) the production of mushroom growing media; and (ii) the production of mushrooms. (B) Availability of policy Notwithstanding the second sentence of section 508(a)(1), and section 508(a)(2), the Corporation shall make a policy described in subparagraph (A) available if the requirements of section 508(h) are met. (C) Research and development described Research and development described in subparagraph (A) shall evaluate the effectiveness of policies described in that subparagraph, including policies that— (i) are based on the risk of— (I) pests, including mushroom phorid flies and sciarid flies; (II) fungal pathogens; and (III) viral pathogens; (ii) consider other causes of loss applicable to mushroom compost and mushroom production, such as— (I) a loss of electricity due to weather; and (II) loss of growing media due to excessive 5-year, 10-year, or 20-year rainfall events; (iii) consider appropriate best practices to minimize the risk of loss; (iv) consider whether to provide coverage for mushrooms under 1 policy or to provide coverage for various phases of production; (v) have streamlined reporting and paperwork requirements that take into account short propagation schedules, variable crop years, and the variety of mushrooms that may be produced in a single facility; and (vi) provide protection for revenue losses. (D) Report Not later than 2 years after the date of enactment of this paragraph, the Corporation shall 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— (i) the results of the research and development carried out under subparagraph (A); and (ii) any recommendations with respect to those results..
2,229
[ "Agriculture Committee" ]
118hr1162ih
118
hr
1,162
ih
To require the Office of Management and Budget to report to Congress on actions taken by Executive branch employees to censor lawful speech, and for other purposes.
[ { "text": "1. Short title \nThis Act may be cited as the Accountability for Government Censorship Act.", "id": "H7644C5B226224133816C9E1D7EC4EC81", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Reports on Federal agency communications with platforms regarding censorship of speech \n(a) Agency report to OMB \n(1) In general \nNot later than 90 days after the date of enactment of this Act, the head of each agency shall submit a report to the Director of the Office of Management and Budget listing each instance during the 5-year period immediately preceding the date of enactment of this Act that an officer or employee of the agency communicated with a platform (including an interactive computer service) that is not owned and operated by the Federal Government for the purposes of— (A) removing or suppressing lawful speech, in whole or in part, from or on any platform; (B) adding any disclaimer, information, or other alert to lawful speech expressed on any platform; or (C) removing or restricting the access of any person or entity to any platform. (2) Additional information \nWith respect to any communication listed pursuant to paragraph (1), the head of the agency shall include the following information: (A) The name of the sub-agency, bureau, or office at which the officer or employee is employed. (B) The name of any officer or employee involved in the communication, including their position and direct supervisor or supervisors. (C) The statutory authority for making the communication (if any), and if no such authority exists, an explanation for why the agency viewed it in their authority to take the action. (D) The name of the platform that received the communication, including the name and positions of employees of the platform that were specifically communicated with. (E) A written justification summarizing and explaining the purpose for taking the communication. (F) A written summary of the outcome of the communication. (G) A list of any other agency that was involved in, consulted with, or otherwise coordinated on the communication. (3) Certification of no communications \nIf an officer or employee of an agency has not engaged in a communication described under paragraph (1) during such 5-year period, the head of that agency shall submit to the Director a certification to that effect not later than 90 days after the date of enactment of this Act. (b) OMB report to Congress \n(1) In general \nNot later than 210 days after the date of enactment of this Act, 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, which may include a classified annex, that includes— (A) the information on communications submitted to the Director by any agency pursuant to subsection (a); and (B) a summary of the agency communications reported under subsection (a) organized by platform (including an interactive computer service) that received such communications. (2) Unclassified form \nThe information included in the report submitted by the Director listing communications under subsection (a), descriptions of such communications under each of subparagraphs (A) through (D) of subsection (a)(2), and the summary under paragraph (1)(B) of this paragraph may not be included in any classified annex and shall be submitted in unclassified form. (c) Inspectors General review and enforcement \n(1) In general \nNot later than 210 days after the date of enactment of this Act, each Inspector General of an agency that submits a report or certification to the Director under subsection (a) shall conduct a review of the agency’s compliance with the requirements of this Act and submit a report on such compliance to the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Oversight and Accountability of the House of Representatives. (2) Congressional briefing for agencies found to be noncompliant \nAn agency required to submit a report or certification to the Director under subsection (a) that is found by the agency’s Inspector General to be noncompliant with the requirements of this Act shall brief the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Oversight and Accountability of the House of Representatives not later than 60 days after the committee receives an Inspector General report on an agency’s compliance. (d) Definitions \nIn this Act— (1) the term agency has the meaning given that term in section 551(1) of title 5, United States Code, and includes any office within the Executive Office of the President; (2) the term Director means the Director of the Office of Management and Budget; and (3) the term interactive computer service has the meaning given that term in section 230(f) of the Communications Act of 1934 ( 47 U.S.C. 230(f) ).", "id": "H0861C8866FA84D89B41574A1CB6EFE27", "header": "Reports on Federal agency communications with platforms regarding censorship of speech", "nested": [ { "text": "(a) Agency report to OMB \n(1) In general \nNot later than 90 days after the date of enactment of this Act, the head of each agency shall submit a report to the Director of the Office of Management and Budget listing each instance during the 5-year period immediately preceding the date of enactment of this Act that an officer or employee of the agency communicated with a platform (including an interactive computer service) that is not owned and operated by the Federal Government for the purposes of— (A) removing or suppressing lawful speech, in whole or in part, from or on any platform; (B) adding any disclaimer, information, or other alert to lawful speech expressed on any platform; or (C) removing or restricting the access of any person or entity to any platform. (2) Additional information \nWith respect to any communication listed pursuant to paragraph (1), the head of the agency shall include the following information: (A) The name of the sub-agency, bureau, or office at which the officer or employee is employed. (B) The name of any officer or employee involved in the communication, including their position and direct supervisor or supervisors. (C) The statutory authority for making the communication (if any), and if no such authority exists, an explanation for why the agency viewed it in their authority to take the action. (D) The name of the platform that received the communication, including the name and positions of employees of the platform that were specifically communicated with. (E) A written justification summarizing and explaining the purpose for taking the communication. (F) A written summary of the outcome of the communication. (G) A list of any other agency that was involved in, consulted with, or otherwise coordinated on the communication. (3) Certification of no communications \nIf an officer or employee of an agency has not engaged in a communication described under paragraph (1) during such 5-year period, the head of that agency shall submit to the Director a certification to that effect not later than 90 days after the date of enactment of this Act.", "id": "HBC304838DC534C36AB09897638514CDB", "header": "Agency report to OMB", "nested": [], "links": [] }, { "text": "(b) OMB report to Congress \n(1) In general \nNot later than 210 days after the date of enactment of this Act, 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, which may include a classified annex, that includes— (A) the information on communications submitted to the Director by any agency pursuant to subsection (a); and (B) a summary of the agency communications reported under subsection (a) organized by platform (including an interactive computer service) that received such communications. (2) Unclassified form \nThe information included in the report submitted by the Director listing communications under subsection (a), descriptions of such communications under each of subparagraphs (A) through (D) of subsection (a)(2), and the summary under paragraph (1)(B) of this paragraph may not be included in any classified annex and shall be submitted in unclassified form.", "id": "H0C6BE42673684E649AE3BA8658A6A193", "header": "OMB report to Congress", "nested": [], "links": [] }, { "text": "(c) Inspectors General review and enforcement \n(1) In general \nNot later than 210 days after the date of enactment of this Act, each Inspector General of an agency that submits a report or certification to the Director under subsection (a) shall conduct a review of the agency’s compliance with the requirements of this Act and submit a report on such compliance to the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Oversight and Accountability of the House of Representatives. (2) Congressional briefing for agencies found to be noncompliant \nAn agency required to submit a report or certification to the Director under subsection (a) that is found by the agency’s Inspector General to be noncompliant with the requirements of this Act shall brief the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Oversight and Accountability of the House of Representatives not later than 60 days after the committee receives an Inspector General report on an agency’s compliance.", "id": "HEF71C3D41C524A959B8CC8B020B09E7D", "header": "Inspectors General review and enforcement", "nested": [], "links": [] }, { "text": "(d) Definitions \nIn this Act— (1) the term agency has the meaning given that term in section 551(1) of title 5, United States Code, and includes any office within the Executive Office of the President; (2) the term Director means the Director of the Office of Management and Budget; and (3) the term interactive computer service has the meaning given that term in section 230(f) of the Communications Act of 1934 ( 47 U.S.C. 230(f) ).", "id": "H4C376F11206D4F83AD56D1B8E298B0F4", "header": "Definitions", "nested": [], "links": [ { "text": "47 U.S.C. 230(f)", "legal-doc": "usc", "parsable-cite": "usc/47/230" } ] } ], "links": [ { "text": "47 U.S.C. 230(f)", "legal-doc": "usc", "parsable-cite": "usc/47/230" } ] } ]
2
1. Short title This Act may be cited as the Accountability for Government Censorship Act. 2. Reports on Federal agency communications with platforms regarding censorship of speech (a) Agency report to OMB (1) In general Not later than 90 days after the date of enactment of this Act, the head of each agency shall submit a report to the Director of the Office of Management and Budget listing each instance during the 5-year period immediately preceding the date of enactment of this Act that an officer or employee of the agency communicated with a platform (including an interactive computer service) that is not owned and operated by the Federal Government for the purposes of— (A) removing or suppressing lawful speech, in whole or in part, from or on any platform; (B) adding any disclaimer, information, or other alert to lawful speech expressed on any platform; or (C) removing or restricting the access of any person or entity to any platform. (2) Additional information With respect to any communication listed pursuant to paragraph (1), the head of the agency shall include the following information: (A) The name of the sub-agency, bureau, or office at which the officer or employee is employed. (B) The name of any officer or employee involved in the communication, including their position and direct supervisor or supervisors. (C) The statutory authority for making the communication (if any), and if no such authority exists, an explanation for why the agency viewed it in their authority to take the action. (D) The name of the platform that received the communication, including the name and positions of employees of the platform that were specifically communicated with. (E) A written justification summarizing and explaining the purpose for taking the communication. (F) A written summary of the outcome of the communication. (G) A list of any other agency that was involved in, consulted with, or otherwise coordinated on the communication. (3) Certification of no communications If an officer or employee of an agency has not engaged in a communication described under paragraph (1) during such 5-year period, the head of that agency shall submit to the Director a certification to that effect not later than 90 days after the date of enactment of this Act. (b) OMB report to Congress (1) In general Not later than 210 days after the date of enactment of this Act, 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, which may include a classified annex, that includes— (A) the information on communications submitted to the Director by any agency pursuant to subsection (a); and (B) a summary of the agency communications reported under subsection (a) organized by platform (including an interactive computer service) that received such communications. (2) Unclassified form The information included in the report submitted by the Director listing communications under subsection (a), descriptions of such communications under each of subparagraphs (A) through (D) of subsection (a)(2), and the summary under paragraph (1)(B) of this paragraph may not be included in any classified annex and shall be submitted in unclassified form. (c) Inspectors General review and enforcement (1) In general Not later than 210 days after the date of enactment of this Act, each Inspector General of an agency that submits a report or certification to the Director under subsection (a) shall conduct a review of the agency’s compliance with the requirements of this Act and submit a report on such compliance to the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Oversight and Accountability of the House of Representatives. (2) Congressional briefing for agencies found to be noncompliant An agency required to submit a report or certification to the Director under subsection (a) that is found by the agency’s Inspector General to be noncompliant with the requirements of this Act shall brief the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Oversight and Accountability of the House of Representatives not later than 60 days after the committee receives an Inspector General report on an agency’s compliance. (d) Definitions In this Act— (1) the term agency has the meaning given that term in section 551(1) of title 5, United States Code, and includes any office within the Executive Office of the President; (2) the term Director means the Director of the Office of Management and Budget; and (3) the term interactive computer service has the meaning given that term in section 230(f) of the Communications Act of 1934 ( 47 U.S.C. 230(f) ).
4,799
[ "Oversight and Accountability Committee" ]
118hr3284ih
118
hr
3,284
ih
To require the Secretary of Health and Human Services to submit an annual report on the impact of certain Medicare regulations on provider and payer consolidation.
[ { "text": "1. Short title \nThis Act may be cited as the Providers and Payers COMPETE Act.", "id": "H96C4E48DAA2B4F2B8DD0F7ED68D1447C", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Annual report on the impact of certain Medicare regulations on provider and payer consolidation; public comment on provider and payer consolidation for certain proposed rules \n(a) Annual report \nNot later than December 30, 2026, and annually thereafter, the Secretary of Health and Human Services (in this section referred to as the Secretary ) shall submit to Congress a report on the impact in the aggregate on provider and payer consolidation with respect to regulations for parts B, C, and D of title XVIII of the Social Security Act ( 42 U.S.C. 1395j et seq. ) implemented in the calendar year immediately prior to such report. Such report shall include regulations that— (1) implement a change to an applicable payment system, a rate schedule, or another payment system under part B, C, or D of such title; or (2) result in a significant rule effecting provider or payer consolidation. (b) Public comment on impact to provider and payer consolidation \nBeginning for 2025, as part of any notice and comment rulemaking process that will result in a significant rule effecting provider or payer consolidation with respect to a proposed rule for parts B, C, and D of title XVIII of the Social Security Act ( 42 U.S.C. 1395j et seq. ), the Secretary shall seek public comment on the projected impact of such proposed rule on provider and payer consolidation in the aggregate. (c) Definitions \nIn this section: (1) Provider and payer consolidation \nThe term provider and payer consolidation includes the vertical or horizontal integration among providers of services (as defined in subsection (u) of section 1861 of the Social Security Act ( 42 U.S.C. 1395x )), suppliers (as defined in subsection (d) of such section), accountable care organizations under section 1899 of the Social Security Act ( 42 U.S.C. 1395jjj ), Medicare Advantage organizations, PDP sponsors, pharmacy benefit managers, pharmacies, and integrated delivery systems. (2) Applicable payment system \nThe term applicable payment system includes— (A) with respect to outpatient hospital services, the prospective payment system for covered OPD services established under section 1833(t) of such Act ( 42 U.S.C. 1395(l) ); and (B) with respect to physicians’ services, the physician fee schedules established under section 1848 of such Act ( 42 U.S.C. 1395w–4 ).", "id": "H095FBA1CE69647489A6BCBD21C76469A", "header": "Annual report on the impact of certain Medicare regulations on provider and payer consolidation; public comment on provider and payer consolidation for certain proposed rules", "nested": [ { "text": "(a) Annual report \nNot later than December 30, 2026, and annually thereafter, the Secretary of Health and Human Services (in this section referred to as the Secretary ) shall submit to Congress a report on the impact in the aggregate on provider and payer consolidation with respect to regulations for parts B, C, and D of title XVIII of the Social Security Act ( 42 U.S.C. 1395j et seq. ) implemented in the calendar year immediately prior to such report. Such report shall include regulations that— (1) implement a change to an applicable payment system, a rate schedule, or another payment system under part B, C, or D of such title; or (2) result in a significant rule effecting provider or payer consolidation.", "id": "H79411EE18C374CD88239CB20AA5A0985", "header": "Annual report", "nested": [], "links": [ { "text": "42 U.S.C. 1395j et seq.", "legal-doc": "usc", "parsable-cite": "usc/42/1395j" } ] }, { "text": "(b) Public comment on impact to provider and payer consolidation \nBeginning for 2025, as part of any notice and comment rulemaking process that will result in a significant rule effecting provider or payer consolidation with respect to a proposed rule for parts B, C, and D of title XVIII of the Social Security Act ( 42 U.S.C. 1395j et seq. ), the Secretary shall seek public comment on the projected impact of such proposed rule on provider and payer consolidation in the aggregate.", "id": "H3E1F3FF66BFB4D36BD516AC93E423DE1", "header": "Public comment on impact to provider and payer consolidation", "nested": [], "links": [ { "text": "42 U.S.C. 1395j et seq.", "legal-doc": "usc", "parsable-cite": "usc/42/1395j" } ] }, { "text": "(c) Definitions \nIn this section: (1) Provider and payer consolidation \nThe term provider and payer consolidation includes the vertical or horizontal integration among providers of services (as defined in subsection (u) of section 1861 of the Social Security Act ( 42 U.S.C. 1395x )), suppliers (as defined in subsection (d) of such section), accountable care organizations under section 1899 of the Social Security Act ( 42 U.S.C. 1395jjj ), Medicare Advantage organizations, PDP sponsors, pharmacy benefit managers, pharmacies, and integrated delivery systems. (2) Applicable payment system \nThe term applicable payment system includes— (A) with respect to outpatient hospital services, the prospective payment system for covered OPD services established under section 1833(t) of such Act ( 42 U.S.C. 1395(l) ); and (B) with respect to physicians’ services, the physician fee schedules established under section 1848 of such Act ( 42 U.S.C. 1395w–4 ).", "id": "H167952BCF28B42FC9E5272334D13B17C", "header": "Definitions", "nested": [], "links": [ { "text": "42 U.S.C. 1395x", "legal-doc": "usc", "parsable-cite": "usc/42/1395x" }, { "text": "42 U.S.C. 1395jjj", "legal-doc": "usc", "parsable-cite": "usc/42/1395jjj" }, { "text": "42 U.S.C. 1395(l)", "legal-doc": "usc", "parsable-cite": "usc/42/1395" }, { "text": "42 U.S.C. 1395w–4", "legal-doc": "usc", "parsable-cite": "usc/42/1395w-4" } ] } ], "links": [ { "text": "42 U.S.C. 1395j et seq.", "legal-doc": "usc", "parsable-cite": "usc/42/1395j" }, { "text": "42 U.S.C. 1395j et seq.", "legal-doc": "usc", "parsable-cite": "usc/42/1395j" }, { "text": "42 U.S.C. 1395x", "legal-doc": "usc", "parsable-cite": "usc/42/1395x" }, { "text": "42 U.S.C. 1395jjj", "legal-doc": "usc", "parsable-cite": "usc/42/1395jjj" }, { "text": "42 U.S.C. 1395(l)", "legal-doc": "usc", "parsable-cite": "usc/42/1395" }, { "text": "42 U.S.C. 1395w–4", "legal-doc": "usc", "parsable-cite": "usc/42/1395w-4" } ] }, { "text": "3. Consideration of effects on provider and payer consolidation with respect to CMI models \n(a) In general \nSection 1115A(b)(4)(A) of the Social Security Act ( 42 U.S.C. 1315a(b)(4)(A) ) is amended— (1) in clause (i), by striking at the end and ; (2) in clause (ii), by striking the period at the end and inserting ; and ; and (3) by adding at the end the following new clause: (iii) the extent to which, and how, the model has effected and could effect provider and payer consolidation, which includes the vertical or horizontal integration among providers of services (as defined in subsection (u) of section 1861), suppliers (as defined in subsection (d) of such section), and accountable care organizations under section 1899.. (b) Effective date \nThe amendments made by subsection (a) shall apply with respect to models tested on or after January 1, 2025.", "id": "H046139CE57BC4E83BD12B3E5B7F5B6B3", "header": "Consideration of effects on provider and payer consolidation with respect to CMI models", "nested": [ { "text": "(a) In general \nSection 1115A(b)(4)(A) of the Social Security Act ( 42 U.S.C. 1315a(b)(4)(A) ) is amended— (1) in clause (i), by striking at the end and ; (2) in clause (ii), by striking the period at the end and inserting ; and ; and (3) by adding at the end the following new clause: (iii) the extent to which, and how, the model has effected and could effect provider and payer consolidation, which includes the vertical or horizontal integration among providers of services (as defined in subsection (u) of section 1861), suppliers (as defined in subsection (d) of such section), and accountable care organizations under section 1899..", "id": "H451152963E254E359F3AC0F552FA2BC1", "header": "In general", "nested": [], "links": [ { "text": "42 U.S.C. 1315a(b)(4)(A)", "legal-doc": "usc", "parsable-cite": "usc/42/1315a" } ] }, { "text": "(b) Effective date \nThe amendments made by subsection (a) shall apply with respect to models tested on or after January 1, 2025.", "id": "H1CA88F527BFA47EFA698151D7F5C6449", "header": "Effective date", "nested": [], "links": [] } ], "links": [ { "text": "42 U.S.C. 1315a(b)(4)(A)", "legal-doc": "usc", "parsable-cite": "usc/42/1315a" } ] } ]
3
1. Short title This Act may be cited as the Providers and Payers COMPETE Act. 2. Annual report on the impact of certain Medicare regulations on provider and payer consolidation; public comment on provider and payer consolidation for certain proposed rules (a) Annual report Not later than December 30, 2026, and annually thereafter, the Secretary of Health and Human Services (in this section referred to as the Secretary ) shall submit to Congress a report on the impact in the aggregate on provider and payer consolidation with respect to regulations for parts B, C, and D of title XVIII of the Social Security Act ( 42 U.S.C. 1395j et seq. ) implemented in the calendar year immediately prior to such report. Such report shall include regulations that— (1) implement a change to an applicable payment system, a rate schedule, or another payment system under part B, C, or D of such title; or (2) result in a significant rule effecting provider or payer consolidation. (b) Public comment on impact to provider and payer consolidation Beginning for 2025, as part of any notice and comment rulemaking process that will result in a significant rule effecting provider or payer consolidation with respect to a proposed rule for parts B, C, and D of title XVIII of the Social Security Act ( 42 U.S.C. 1395j et seq. ), the Secretary shall seek public comment on the projected impact of such proposed rule on provider and payer consolidation in the aggregate. (c) Definitions In this section: (1) Provider and payer consolidation The term provider and payer consolidation includes the vertical or horizontal integration among providers of services (as defined in subsection (u) of section 1861 of the Social Security Act ( 42 U.S.C. 1395x )), suppliers (as defined in subsection (d) of such section), accountable care organizations under section 1899 of the Social Security Act ( 42 U.S.C. 1395jjj ), Medicare Advantage organizations, PDP sponsors, pharmacy benefit managers, pharmacies, and integrated delivery systems. (2) Applicable payment system The term applicable payment system includes— (A) with respect to outpatient hospital services, the prospective payment system for covered OPD services established under section 1833(t) of such Act ( 42 U.S.C. 1395(l) ); and (B) with respect to physicians’ services, the physician fee schedules established under section 1848 of such Act ( 42 U.S.C. 1395w–4 ). 3. Consideration of effects on provider and payer consolidation with respect to CMI models (a) In general Section 1115A(b)(4)(A) of the Social Security Act ( 42 U.S.C. 1315a(b)(4)(A) ) is amended— (1) in clause (i), by striking at the end and ; (2) in clause (ii), by striking the period at the end and inserting ; and ; and (3) by adding at the end the following new clause: (iii) the extent to which, and how, the model has effected and could effect provider and payer consolidation, which includes the vertical or horizontal integration among providers of services (as defined in subsection (u) of section 1861), suppliers (as defined in subsection (d) of such section), and accountable care organizations under section 1899.. (b) Effective date The amendments made by subsection (a) shall apply with respect to models tested on or after January 1, 2025.
3,273
[ "Ways and Means Committee", "Energy and Commerce Committee" ]
118hr70ih
118
hr
70
ih
To abolish the Agency for Toxic Substances and Disease Registry, and for other purposes.
[ { "text": "1. Short title \nThis Act may be cited as the Freedom for Farmers Act of 2023.", "id": "H620406B50D0E43B28DDDAD7E14FA4020", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Abolishment of Agency for Toxic Substances and Disease Registry \n(a) Abolishment of Agency \nThe Agency for Toxic Substances and Disease Registry (in this section referred to as the Agency ) is abolished effective on the date that is 1 year after the date of enactment of this Act. (b) Termination of functions \nExcept as provided in subsection (c)(1), all functions of the Agency shall terminate on the date specified in subsection (a). (c) Transferred authority \n(1) In general \nPrior to the date specified in subsection (a), the Secretary of Health and Human Services (in this section referred to as the Secretary ) shall transfer the authority vested in the Agency by section 104(i)(1)(A) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 ( 42 U.S.C. 9604(i)(1)(A) ) as in effect on the day before the date of enactment of this Act (relating to a national registry of serious diseases and illnesses and a national registry of persons exposed to toxic substances) to an appropriate agency within the Department of Health and Human Services. (2) Corresponding transfer of assets and personnel \nIn connection with the transfer of authority under paragraph (1), the Secretary may transfer within the Department of Health and Human Services such assets, funds, personnel, records, and other property relating to the transferred authority as the Secretary determines to be appropriate. (d) Wind-Up period \n(1) Definition \nIn this subsection, the term wind-up period means the period beginning on the date of the enactment of this Act and ending on the date specified in subsection (a). (2) Responsibilities \nThe Secretary shall be responsible for— (A) the administration and wind-up, during the wind-up period, of all functions of the Agency that are terminated by this section; (B) the administration and wind-up, during the wind-up period, of any outstanding obligations of the Federal Government under any programs of the Agency that are terminated by this section; and (C) taking such other actions as may be necessary to wind-up any outstanding affairs of the Agency before the end of the wind-up period.", "id": "H3DBD216E451A466D9C74ADB1787542B9", "header": "Abolishment of Agency for Toxic Substances and Disease Registry", "nested": [ { "text": "(a) Abolishment of Agency \nThe Agency for Toxic Substances and Disease Registry (in this section referred to as the Agency ) is abolished effective on the date that is 1 year after the date of enactment of this Act.", "id": "H2416845982464514B0E2DAEF756DD071", "header": "Abolishment of Agency", "nested": [], "links": [] }, { "text": "(b) Termination of functions \nExcept as provided in subsection (c)(1), all functions of the Agency shall terminate on the date specified in subsection (a).", "id": "HC0A4C1D0BBD94AF5B141EB486882472D", "header": "Termination of functions", "nested": [], "links": [] }, { "text": "(c) Transferred authority \n(1) In general \nPrior to the date specified in subsection (a), the Secretary of Health and Human Services (in this section referred to as the Secretary ) shall transfer the authority vested in the Agency by section 104(i)(1)(A) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 ( 42 U.S.C. 9604(i)(1)(A) ) as in effect on the day before the date of enactment of this Act (relating to a national registry of serious diseases and illnesses and a national registry of persons exposed to toxic substances) to an appropriate agency within the Department of Health and Human Services. (2) Corresponding transfer of assets and personnel \nIn connection with the transfer of authority under paragraph (1), the Secretary may transfer within the Department of Health and Human Services such assets, funds, personnel, records, and other property relating to the transferred authority as the Secretary determines to be appropriate.", "id": "H9F9B3F7496194A678AE7DFFC2E59AF6E", "header": "Transferred authority", "nested": [], "links": [ { "text": "42 U.S.C. 9604(i)(1)(A)", "legal-doc": "usc", "parsable-cite": "usc/42/9604" } ] }, { "text": "(d) Wind-Up period \n(1) Definition \nIn this subsection, the term wind-up period means the period beginning on the date of the enactment of this Act and ending on the date specified in subsection (a). (2) Responsibilities \nThe Secretary shall be responsible for— (A) the administration and wind-up, during the wind-up period, of all functions of the Agency that are terminated by this section; (B) the administration and wind-up, during the wind-up period, of any outstanding obligations of the Federal Government under any programs of the Agency that are terminated by this section; and (C) taking such other actions as may be necessary to wind-up any outstanding affairs of the Agency before the end of the wind-up period.", "id": "HADD614AB9D8F4321BE38B86CD9D01555", "header": "Wind-Up period", "nested": [], "links": [] } ], "links": [ { "text": "42 U.S.C. 9604(i)(1)(A)", "legal-doc": "usc", "parsable-cite": "usc/42/9604" } ] }, { "text": "3. Conforming amendments \n(a) CERCLA \nThe Comprehensive Environmental Response, Compensation, and Liability Act of 1980 ( 42 U.S.C. 9601 et seq. ) is amended— (1) in section 104 ( 42 U.S.C. 9604 ), by amending subsection (i) to read as follows: (i) The Secretary of Health and Human Services shall, in cooperation with the States, maintain a national registry of serious diseases and illnesses and a national registry of persons exposed to toxic substances. ; (2) in section 111 ( 42 U.S.C. 9611 )— (A) by striking subsection (c)(4); and (B) by striking subsection (m); and (3) in section 310(a)(2) ( 42 U.S.C. 9659(a)(2) ), by striking and the Administrator of the ATSDR. (b) Other conforming changes \n(1) Section 2704 of title 10, United States Code, is amended by striking subsection (f). (2) Section 405(d)(1) of the Toxic Substances Control Act ( 15 U.S.C. 2601(d)(1) ) is amended by striking acting through the Director of the Agency for Toxic Substances and Disease Registry,. (3) Section 209(c)(1)(A) of the Fire Administration Authorization Act of 1992 ( 29 U.S.C. 671a(c)(1)(A) ) is amended by striking the Administrator of the Agency for Toxic Substances and Disease Registry,. (4) Section 118(e)(3)(A) of the Federal Water Pollution Control Act ( 33 U.S.C. 1268(e)(3)(A) ) is amended by striking , in consultation with the Research Office, the Agency for Toxic Substances and Disease Registry, and Great Lakes States and inserting , in consultation with the Research Office and Great Lakes States,. (5) Section 317F(a) of the Public Health Service Act ( 42 U.S.C. 247b–7(a) ) is amended— (A) in paragraph (1), by striking and the Agency for Toxic Substances and Disease Registry ; and (B) in paragraph (2), by striking or the Agency for Toxic Substances and Disease Registry. (6) Section 399S of the Public Health Service Act ( 42 U.S.C. 280g–7 ) is amended— (A) in subsection (b)(1)(A)(i)— (i) by inserting and at the end of subclause (II); (ii) by striking subclause (III); and (iii) by redesignating subclause (IV) as subclause (III); and (B) in subsection (d)(1)(A)— (i) by striking clause (iv); and (ii) by redesignating clauses (v) through (vii) as clauses (iv) through (vi), respectively. (7) Section 399V–6(e)(5) of the Public Health Service Act ( 42 U.S.C. 280g–17(e)(5) ) is amended by striking and the Assessments of Chemical Exposures Program of the Agency for Toxic Substances and Disease Registry. (8) Section 3(c) of the ICCVAM Authorization Act of 2000 ( 42 U.S.C. 285l–3(c) ) is amended— (A) by striking paragraph (1); and (B) by redesignating paragraphs (2) through (16) as paragraphs (1) through (15), respectively. (9) Section 2201(e) of the Water Infrastructure Improvements for the Nation Act ( 42 U.S.C. 300j–12 note) is amended by striking the Director of the Agency for Toxic Substances and Disease Registry of each place it appears. (10) Section 2203 of the Water Infrastructure Improvements for the Nation Act ( 42 U.S.C. 300j–27 ) is amended— (A) in subsection (b), by striking within the Agency for Toxic Substances and Disease Registry or the Centers for Disease Control and Prevention at the discretion of the Secretary and inserting within the Centers for Disease Control and Prevention ; and (B) in subsection (c)(1)(A), by striking , within the Agency for Toxic Substances and Disease Registry. (11) Section 709(a)(7) of the Security and Accountability for Every Port Act of 2006 ( 42 U.S.C. 300hh–14(a)(7) ) is amended by striking the Agency for Toxic Substances and Disease Registry,. (12) Section 3001 of the Solid Waste Disposal Act ( 42 U.S.C. 6921(b)(1) ) is amended by striking the Agency for Toxic Substances and Disease Registry and. (13) Section 3019 of the Solid Waste Disposal Act ( 42 U.S.C. 6939a ) is amended— (A) by striking subsections (b) through (g); and (B) in subsection (a), by striking the subsection designation and heading. (14) Section 103(d)(2)(A) of the Clean Air Act ( 42 U.S.C. 7403(d)(2)(A) ) is amended by striking the Agency for Toxic Substances and Disease Registry,. (c) Applicability \nThe amendments made by this section apply beginning on the date specified in section 2(a).", "id": "HA2AF238E4C0648E3BA680E5DDD8A4ADC", "header": "Conforming amendments", "nested": [ { "text": "(a) CERCLA \nThe Comprehensive Environmental Response, Compensation, and Liability Act of 1980 ( 42 U.S.C. 9601 et seq. ) is amended— (1) in section 104 ( 42 U.S.C. 9604 ), by amending subsection (i) to read as follows: (i) The Secretary of Health and Human Services shall, in cooperation with the States, maintain a national registry of serious diseases and illnesses and a national registry of persons exposed to toxic substances. ; (2) in section 111 ( 42 U.S.C. 9611 )— (A) by striking subsection (c)(4); and (B) by striking subsection (m); and (3) in section 310(a)(2) ( 42 U.S.C. 9659(a)(2) ), by striking and the Administrator of the ATSDR.", "id": "HE595F3C58B9643128D117EF139185B10", "header": "CERCLA", "nested": [], "links": [ { "text": "42 U.S.C. 9601 et seq.", "legal-doc": "usc", "parsable-cite": "usc/42/9601" }, { "text": "42 U.S.C. 9604", "legal-doc": "usc", "parsable-cite": "usc/42/9604" }, { "text": "42 U.S.C. 9611", "legal-doc": "usc", "parsable-cite": "usc/42/9611" }, { "text": "42 U.S.C. 9659(a)(2)", "legal-doc": "usc", "parsable-cite": "usc/42/9659" } ] }, { "text": "(b) Other conforming changes \n(1) Section 2704 of title 10, United States Code, is amended by striking subsection (f). (2) Section 405(d)(1) of the Toxic Substances Control Act ( 15 U.S.C. 2601(d)(1) ) is amended by striking acting through the Director of the Agency for Toxic Substances and Disease Registry,. (3) Section 209(c)(1)(A) of the Fire Administration Authorization Act of 1992 ( 29 U.S.C. 671a(c)(1)(A) ) is amended by striking the Administrator of the Agency for Toxic Substances and Disease Registry,. (4) Section 118(e)(3)(A) of the Federal Water Pollution Control Act ( 33 U.S.C. 1268(e)(3)(A) ) is amended by striking , in consultation with the Research Office, the Agency for Toxic Substances and Disease Registry, and Great Lakes States and inserting , in consultation with the Research Office and Great Lakes States,. (5) Section 317F(a) of the Public Health Service Act ( 42 U.S.C. 247b–7(a) ) is amended— (A) in paragraph (1), by striking and the Agency for Toxic Substances and Disease Registry ; and (B) in paragraph (2), by striking or the Agency for Toxic Substances and Disease Registry. (6) Section 399S of the Public Health Service Act ( 42 U.S.C. 280g–7 ) is amended— (A) in subsection (b)(1)(A)(i)— (i) by inserting and at the end of subclause (II); (ii) by striking subclause (III); and (iii) by redesignating subclause (IV) as subclause (III); and (B) in subsection (d)(1)(A)— (i) by striking clause (iv); and (ii) by redesignating clauses (v) through (vii) as clauses (iv) through (vi), respectively. (7) Section 399V–6(e)(5) of the Public Health Service Act ( 42 U.S.C. 280g–17(e)(5) ) is amended by striking and the Assessments of Chemical Exposures Program of the Agency for Toxic Substances and Disease Registry. (8) Section 3(c) of the ICCVAM Authorization Act of 2000 ( 42 U.S.C. 285l–3(c) ) is amended— (A) by striking paragraph (1); and (B) by redesignating paragraphs (2) through (16) as paragraphs (1) through (15), respectively. (9) Section 2201(e) of the Water Infrastructure Improvements for the Nation Act ( 42 U.S.C. 300j–12 note) is amended by striking the Director of the Agency for Toxic Substances and Disease Registry of each place it appears. (10) Section 2203 of the Water Infrastructure Improvements for the Nation Act ( 42 U.S.C. 300j–27 ) is amended— (A) in subsection (b), by striking within the Agency for Toxic Substances and Disease Registry or the Centers for Disease Control and Prevention at the discretion of the Secretary and inserting within the Centers for Disease Control and Prevention ; and (B) in subsection (c)(1)(A), by striking , within the Agency for Toxic Substances and Disease Registry. (11) Section 709(a)(7) of the Security and Accountability for Every Port Act of 2006 ( 42 U.S.C. 300hh–14(a)(7) ) is amended by striking the Agency for Toxic Substances and Disease Registry,. (12) Section 3001 of the Solid Waste Disposal Act ( 42 U.S.C. 6921(b)(1) ) is amended by striking the Agency for Toxic Substances and Disease Registry and. (13) Section 3019 of the Solid Waste Disposal Act ( 42 U.S.C. 6939a ) is amended— (A) by striking subsections (b) through (g); and (B) in subsection (a), by striking the subsection designation and heading. (14) Section 103(d)(2)(A) of the Clean Air Act ( 42 U.S.C. 7403(d)(2)(A) ) is amended by striking the Agency for Toxic Substances and Disease Registry,.", "id": "HD97EBC9AF153414592C169299DFCFAF0", "header": "Other conforming changes", "nested": [], "links": [ { "text": "15 U.S.C. 2601(d)(1)", "legal-doc": "usc", "parsable-cite": "usc/15/2601" }, { "text": "29 U.S.C. 671a(c)(1)(A)", "legal-doc": "usc", "parsable-cite": "usc/29/671a" }, { "text": "33 U.S.C. 1268(e)(3)(A)", "legal-doc": "usc", "parsable-cite": "usc/33/1268" }, { "text": "42 U.S.C. 247b–7(a)", "legal-doc": "usc", "parsable-cite": "usc/42/247b-7" }, { "text": "42 U.S.C. 280g–7", "legal-doc": "usc", "parsable-cite": "usc/42/280g-7" }, { "text": "42 U.S.C. 280g–17(e)(5)", "legal-doc": "usc", "parsable-cite": "usc/42/280g-17" }, { "text": "42 U.S.C. 285l–3(c)", "legal-doc": "usc", "parsable-cite": "usc/42/285l-3" }, { "text": "42 U.S.C. 300j–12", "legal-doc": "usc", "parsable-cite": "usc/42/300j-12" }, { "text": "42 U.S.C. 300j–27", "legal-doc": "usc", "parsable-cite": "usc/42/300j-27" }, { "text": "42 U.S.C. 300hh–14(a)(7)", "legal-doc": "usc", "parsable-cite": "usc/42/300hh-14" }, { "text": "42 U.S.C. 6921(b)(1)", "legal-doc": "usc", "parsable-cite": "usc/42/6921" }, { "text": "42 U.S.C. 6939a", "legal-doc": "usc", "parsable-cite": "usc/42/6939a" }, { "text": "42 U.S.C. 7403(d)(2)(A)", "legal-doc": "usc", "parsable-cite": "usc/42/7403" } ] }, { "text": "(c) Applicability \nThe amendments made by this section apply beginning on the date specified in section 2(a).", "id": "HBE8D567CE3FC44D48DAB55DD35934A44", "header": "Applicability", "nested": [], "links": [] } ], "links": [ { "text": "42 U.S.C. 9601 et seq.", "legal-doc": "usc", "parsable-cite": "usc/42/9601" }, { "text": "42 U.S.C. 9604", "legal-doc": "usc", "parsable-cite": "usc/42/9604" }, { "text": "42 U.S.C. 9611", "legal-doc": "usc", "parsable-cite": "usc/42/9611" }, { "text": "42 U.S.C. 9659(a)(2)", "legal-doc": "usc", "parsable-cite": "usc/42/9659" }, { "text": "15 U.S.C. 2601(d)(1)", "legal-doc": "usc", "parsable-cite": "usc/15/2601" }, { "text": "29 U.S.C. 671a(c)(1)(A)", "legal-doc": "usc", "parsable-cite": "usc/29/671a" }, { "text": "33 U.S.C. 1268(e)(3)(A)", "legal-doc": "usc", "parsable-cite": "usc/33/1268" }, { "text": "42 U.S.C. 247b–7(a)", "legal-doc": "usc", "parsable-cite": "usc/42/247b-7" }, { "text": "42 U.S.C. 280g–7", "legal-doc": "usc", "parsable-cite": "usc/42/280g-7" }, { "text": "42 U.S.C. 280g–17(e)(5)", "legal-doc": "usc", "parsable-cite": "usc/42/280g-17" }, { "text": "42 U.S.C. 285l–3(c)", "legal-doc": "usc", "parsable-cite": "usc/42/285l-3" }, { "text": "42 U.S.C. 300j–12", "legal-doc": "usc", "parsable-cite": "usc/42/300j-12" }, { "text": "42 U.S.C. 300j–27", "legal-doc": "usc", "parsable-cite": "usc/42/300j-27" }, { "text": "42 U.S.C. 300hh–14(a)(7)", "legal-doc": "usc", "parsable-cite": "usc/42/300hh-14" }, { "text": "42 U.S.C. 6921(b)(1)", "legal-doc": "usc", "parsable-cite": "usc/42/6921" }, { "text": "42 U.S.C. 6939a", "legal-doc": "usc", "parsable-cite": "usc/42/6939a" }, { "text": "42 U.S.C. 7403(d)(2)(A)", "legal-doc": "usc", "parsable-cite": "usc/42/7403" } ] } ]
3
1. Short title This Act may be cited as the Freedom for Farmers Act of 2023. 2. Abolishment of Agency for Toxic Substances and Disease Registry (a) Abolishment of Agency The Agency for Toxic Substances and Disease Registry (in this section referred to as the Agency ) is abolished effective on the date that is 1 year after the date of enactment of this Act. (b) Termination of functions Except as provided in subsection (c)(1), all functions of the Agency shall terminate on the date specified in subsection (a). (c) Transferred authority (1) In general Prior to the date specified in subsection (a), the Secretary of Health and Human Services (in this section referred to as the Secretary ) shall transfer the authority vested in the Agency by section 104(i)(1)(A) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 ( 42 U.S.C. 9604(i)(1)(A) ) as in effect on the day before the date of enactment of this Act (relating to a national registry of serious diseases and illnesses and a national registry of persons exposed to toxic substances) to an appropriate agency within the Department of Health and Human Services. (2) Corresponding transfer of assets and personnel In connection with the transfer of authority under paragraph (1), the Secretary may transfer within the Department of Health and Human Services such assets, funds, personnel, records, and other property relating to the transferred authority as the Secretary determines to be appropriate. (d) Wind-Up period (1) Definition In this subsection, the term wind-up period means the period beginning on the date of the enactment of this Act and ending on the date specified in subsection (a). (2) Responsibilities The Secretary shall be responsible for— (A) the administration and wind-up, during the wind-up period, of all functions of the Agency that are terminated by this section; (B) the administration and wind-up, during the wind-up period, of any outstanding obligations of the Federal Government under any programs of the Agency that are terminated by this section; and (C) taking such other actions as may be necessary to wind-up any outstanding affairs of the Agency before the end of the wind-up period. 3. Conforming amendments (a) CERCLA The Comprehensive Environmental Response, Compensation, and Liability Act of 1980 ( 42 U.S.C. 9601 et seq. ) is amended— (1) in section 104 ( 42 U.S.C. 9604 ), by amending subsection (i) to read as follows: (i) The Secretary of Health and Human Services shall, in cooperation with the States, maintain a national registry of serious diseases and illnesses and a national registry of persons exposed to toxic substances. ; (2) in section 111 ( 42 U.S.C. 9611 )— (A) by striking subsection (c)(4); and (B) by striking subsection (m); and (3) in section 310(a)(2) ( 42 U.S.C. 9659(a)(2) ), by striking and the Administrator of the ATSDR. (b) Other conforming changes (1) Section 2704 of title 10, United States Code, is amended by striking subsection (f). (2) Section 405(d)(1) of the Toxic Substances Control Act ( 15 U.S.C. 2601(d)(1) ) is amended by striking acting through the Director of the Agency for Toxic Substances and Disease Registry,. (3) Section 209(c)(1)(A) of the Fire Administration Authorization Act of 1992 ( 29 U.S.C. 671a(c)(1)(A) ) is amended by striking the Administrator of the Agency for Toxic Substances and Disease Registry,. (4) Section 118(e)(3)(A) of the Federal Water Pollution Control Act ( 33 U.S.C. 1268(e)(3)(A) ) is amended by striking , in consultation with the Research Office, the Agency for Toxic Substances and Disease Registry, and Great Lakes States and inserting , in consultation with the Research Office and Great Lakes States,. (5) Section 317F(a) of the Public Health Service Act ( 42 U.S.C. 247b–7(a) ) is amended— (A) in paragraph (1), by striking and the Agency for Toxic Substances and Disease Registry ; and (B) in paragraph (2), by striking or the Agency for Toxic Substances and Disease Registry. (6) Section 399S of the Public Health Service Act ( 42 U.S.C. 280g–7 ) is amended— (A) in subsection (b)(1)(A)(i)— (i) by inserting and at the end of subclause (II); (ii) by striking subclause (III); and (iii) by redesignating subclause (IV) as subclause (III); and (B) in subsection (d)(1)(A)— (i) by striking clause (iv); and (ii) by redesignating clauses (v) through (vii) as clauses (iv) through (vi), respectively. (7) Section 399V–6(e)(5) of the Public Health Service Act ( 42 U.S.C. 280g–17(e)(5) ) is amended by striking and the Assessments of Chemical Exposures Program of the Agency for Toxic Substances and Disease Registry. (8) Section 3(c) of the ICCVAM Authorization Act of 2000 ( 42 U.S.C. 285l–3(c) ) is amended— (A) by striking paragraph (1); and (B) by redesignating paragraphs (2) through (16) as paragraphs (1) through (15), respectively. (9) Section 2201(e) of the Water Infrastructure Improvements for the Nation Act ( 42 U.S.C. 300j–12 note) is amended by striking the Director of the Agency for Toxic Substances and Disease Registry of each place it appears. (10) Section 2203 of the Water Infrastructure Improvements for the Nation Act ( 42 U.S.C. 300j–27 ) is amended— (A) in subsection (b), by striking within the Agency for Toxic Substances and Disease Registry or the Centers for Disease Control and Prevention at the discretion of the Secretary and inserting within the Centers for Disease Control and Prevention ; and (B) in subsection (c)(1)(A), by striking , within the Agency for Toxic Substances and Disease Registry. (11) Section 709(a)(7) of the Security and Accountability for Every Port Act of 2006 ( 42 U.S.C. 300hh–14(a)(7) ) is amended by striking the Agency for Toxic Substances and Disease Registry,. (12) Section 3001 of the Solid Waste Disposal Act ( 42 U.S.C. 6921(b)(1) ) is amended by striking the Agency for Toxic Substances and Disease Registry and. (13) Section 3019 of the Solid Waste Disposal Act ( 42 U.S.C. 6939a ) is amended— (A) by striking subsections (b) through (g); and (B) in subsection (a), by striking the subsection designation and heading. (14) Section 103(d)(2)(A) of the Clean Air Act ( 42 U.S.C. 7403(d)(2)(A) ) is amended by striking the Agency for Toxic Substances and Disease Registry,. (c) Applicability The amendments made by this section apply beginning on the date specified in section 2(a).
6,380
[ "Energy and Commerce Committee" ]
118hr3728rfs
118
hr
3,728
rfs
To designate the facility of the United States Postal Service located at 25 Dorchester Avenue, Room 1, in Boston, Massachusetts, as the Caroline Chang Post Office.
[ { "text": "1. Caroline Chang Post Office \n(a) Designation \nThe facility of the United States Postal Service located at 25 Dorchester Avenue, Room 1, in Boston, Massachusetts, shall be known and designated as the Caroline Chang Post Office. (b) References \nAny reference in a law, map, regulation, document, paper, or other record of the United States to the facility referred to in subsection (a) shall be deemed to be a reference to the Caroline Chang Post Office.", "id": "H50BCA127BC6541B9B14ADFB943326D7D", "header": "Caroline Chang Post Office", "nested": [ { "text": "(a) Designation \nThe facility of the United States Postal Service located at 25 Dorchester Avenue, Room 1, in Boston, Massachusetts, shall be known and designated as the Caroline Chang Post Office.", "id": "H8FCE5A4FB2074C1BBA00170BAAA14B5D", "header": "Designation", "nested": [], "links": [] }, { "text": "(b) References \nAny reference in a law, map, regulation, document, paper, or other record of the United States to the facility referred to in subsection (a) shall be deemed to be a reference to the Caroline Chang Post Office.", "id": "HF8345BFB1F4845F59A0028721BD040A4", "header": "References", "nested": [], "links": [] } ], "links": [] } ]
1
1. Caroline Chang Post Office (a) Designation The facility of the United States Postal Service located at 25 Dorchester Avenue, Room 1, in Boston, Massachusetts, shall be known and designated as the Caroline Chang Post Office. (b) References Any reference in a law, map, regulation, document, paper, or other record of the United States to the facility referred to in subsection (a) shall be deemed to be a reference to the Caroline Chang Post Office.
454
[ "Homeland Security and Governmental Affairs Committee", "Oversight and Accountability Committee" ]
118hr8146ih
118
hr
8,146
ih
To require a report by the Attorney General on the impact the border crisis is having on law enforcement at the Federal, State, local, and Tribal level.
[ { "text": "1. Short title \nThis Act may be cited as the Police Our Border Act of 2024.", "id": "H07AE0575F4FA49A5B8E7160FA5DA3736", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Findings \nCongress finds as follows: (1) Our Federal, State, local, and Tribal law enforcement officers put their lives on the line each day in order to protect our country and serve their communities. (2) According to the National Law Enforcement Officer Memorial Fund, 136 law enforcement officers died in the line of duty in 2023. (3) Congress should do everything in its power to support law enforcement officers at every level and in every part of our Nation. (4) The southwest border crisis created by the Biden Administration has made every State a border State. (5) The Biden border crisis has placed a burden on law enforcement agencies across the Nation and has placed a significant strain on the resources that are critical to keeping communities safe. (6) Law enforcement officers in every State are put in life-threatening scenarios as a direct result of the open borders. (7) Law enforcement has been forced to deal with the influx of fentanyl and many officers are exposed to the drug while on duty. (8) It is in the best interest of law enforcement officers and the communities they serve for Congress to pass, and the President to sign into law, strong border security legislation.", "id": "H4C7EE0DA1E81420ABE2C7BEF5F91C86B", "header": "Findings", "nested": [], "links": [] }, { "text": "3. Annual report \nNot later than 180 days after the date of enactment of this Act, the Attorney General shall submit to Congress a report on the impact the Biden border crisis is having on law enforcement officers at the Federal, State, local, and Tribal level, including— (1) the estimated dollar amount of all resources devoted to addressing the Biden border crisis, and the extent to which such resources are not available to law enforcement agencies; (2) the exposure of law enforcement officers to fentanyl resulting from encounters with illegal aliens at the border and in the United States; (3) injuries to law enforcement officers based on a connection to the Biden border crisis or exposure to fentanyl; and (4) the morale of law enforcement officers.", "id": "H4FB46070CDBC4E2094EED5E6EF49B537", "header": "Annual report", "nested": [], "links": [] } ]
3
1. Short title This Act may be cited as the Police Our Border Act of 2024. 2. Findings Congress finds as follows: (1) Our Federal, State, local, and Tribal law enforcement officers put their lives on the line each day in order to protect our country and serve their communities. (2) According to the National Law Enforcement Officer Memorial Fund, 136 law enforcement officers died in the line of duty in 2023. (3) Congress should do everything in its power to support law enforcement officers at every level and in every part of our Nation. (4) The southwest border crisis created by the Biden Administration has made every State a border State. (5) The Biden border crisis has placed a burden on law enforcement agencies across the Nation and has placed a significant strain on the resources that are critical to keeping communities safe. (6) Law enforcement officers in every State are put in life-threatening scenarios as a direct result of the open borders. (7) Law enforcement has been forced to deal with the influx of fentanyl and many officers are exposed to the drug while on duty. (8) It is in the best interest of law enforcement officers and the communities they serve for Congress to pass, and the President to sign into law, strong border security legislation. 3. Annual report Not later than 180 days after the date of enactment of this Act, the Attorney General shall submit to Congress a report on the impact the Biden border crisis is having on law enforcement officers at the Federal, State, local, and Tribal level, including— (1) the estimated dollar amount of all resources devoted to addressing the Biden border crisis, and the extent to which such resources are not available to law enforcement agencies; (2) the exposure of law enforcement officers to fentanyl resulting from encounters with illegal aliens at the border and in the United States; (3) injuries to law enforcement officers based on a connection to the Biden border crisis or exposure to fentanyl; and (4) the morale of law enforcement officers.
2,038
[ "Judiciary Committee" ]
118hr4725ih
118
hr
4,725
ih
To conduct oversight and accountability of the State Department’s implementation of AUKUS, and for other purposes.
[ { "text": "1. Short title \nThis Act may be cited as the AUKUS Oversight and Accountability Act or the AOA Act.", "id": "H17B5BF9DB90540BAA9141DE8754A56D7", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Establishment of Senior Advisor \n(a) Senior advisor for AUKUS \n(1) In general \nThe Secretary of State shall appoint, from among the leadership of the Department above the rank of Under Secretary, a senior advisor at the Department of State (in this section referred to as the Senior Advisor ), who shall concurrently oversee and coordinate the implementation of the AUKUS partnership announced September 15, 2021. The Senior Advisor shall report directly to the Secretary of State. (2) Use of existing authorization \nNo additional amounts are authorized to be appropriated to establish the senior advisor described in subsection (a). (3) Duties \nIt shall be the duty of the Senior Advisor to— (A) coordinate efforts to implement the AUKUS agreement across relevant bureaus, directorates, and offices of the Department of State; (B) represent the Department of State on matters relating to AUKUS in the interagency process; (C) engage with relevant governing bodies in the United Kingdom and Australia; and (D) issue guidance, including proposed regulations, to reduce barriers to defense collaboration, innovation, trade, and production with the Governments and industry partners of the United States, United Kingdom, and Australia. (b) AUKUS task force \n(1) Establishment \nThe Secretary of State shall establish a Task Force on AUKUS Governance (in this section referred to as the Task Force ), led by the Senior Advisor appointed pursuant to subsection (a). (2) Use of existing authorization \nNo additional amounts are authorized to be appropriated to establish the Task Force described in paragraph (1). (3) Personnel to support the senior advisor \nThe Secretary of State shall ensure that the Senior Advisor is adequately staffed through the assignment of existing Department employees and appointment of officials representing relevant bureaus. (4) Duties \nIt shall be the duty of the Task Force to— (A) meet at least once every 60 days to coordinate on issues pertaining to the successful implementation of the AUKUS agreement; (B) coordinate an ongoing working group among the interagency on the effectiveness of arms export regulations and laws relevant to implementation of the AUKUS agreement that may be joined by appropriate officials of the United Kingdom and Australia; (C) create and maintain a unified list of all defense-related transactions that have taken place under any agreement between the United States, Australia, and the United Kingdom; (D) create and maintain a list of vendors that commonly participate in defense-related trade between United States, Australia, and the United Kingdom; (E) coordinate the design and implementation of an established pathway for United States defense partners and treaty allies to obtain exemptions from the licensing and other approval requirements of section 38 of the Arms Export Control Act of 1976 ( 22 U.S.C. 2778 ) for exports and transfers of defense articles and defense services; (F) create a framework for gathering, maintaining, and exchanging information pertaining to companies, individuals, or entities engaged in compromising technology security in contravention to the AUKUS agreement; and (G) establish an AUKUS industry forum for industry stakeholders, including non-traditional defense contractors (as such term is defined in section 3014 of title 10, United States Code), that will be open for the participation of foreign industry involved in the AUKUS partnership. (5) Reports required \n(A) Quarterly reporting \nThe Senior Advisor shall submit to the appropriate congressional committees a report every 90 days that includes— (i) a detailed description of the work of the Senior Advisor and any meetings of the Task Force that have taken place since the preceding report was issued, including meetings conducted with AUKUS partners, industry representatives, or the interagency; (ii) a detailed description of any issues that representatives of the United Kingdom or Australia have brought to the attention of the United States that threaten the stated goals of the AUKUS agreement and any efforts within the Department to resolve these issues; (iii) any delays and the reasons for these delays to defense-related transactions between the United States, the United Kingdom, and Australia, reflecting government and industry input; (iv) detailed description of Department investigations into violations under section 38 of the Arms Export Controls Act ( 22 U.S.C. 2778 ) or related provisions that involve AUKUS partners or entities in the United States, the United Kingdom, and Australia; and (v) any violations of the Arms Export Control Act ( 22 U.S.C. 2751 et seq. ) or related regulations committed by United States persons with respect to transactions involving the United Kingdom or Australia. (B) Annual reporting \nThe Senior Advisor shall annually submit to the appropriate congressional committees a report listing the transactions that have taken place involving the AUKUS partners and including— (i) a description of programs authorized under the AUKUS agreement; (ii) an identification of the AUKUS entities involved; (iii) a list of all exports and transfers that would be subject to the requirements of paragraph (1), (2), or (3) of section 3(d) of the Arms Export Control Act ( 22 U.S.C. 2753(d) ), except for marketing or brokering activities, temporary imports, commodity jurisdiction determinations, or amendments to existing marketing or brokering licenses; and (iv) a valuation of the reduction in Department licensing review times eliminated, including review times reduced across the interagency. (6) Resources for the task force \n(A) Registration and other fees \nSection 45 of the State Department Basic Authorities Act of 1956 ( 22 U.S.C. 2717 ) is amended— (i) in the matter preceding paragraph (1)— (I) in the first sentence, by striking 100 percent of the registration fees collected by the Office of Defense Trade Controls of the Department of State and inserting 100 percent of the defense trade control registration fees collected by the Department of State ; and (II) in the second sentence, by inserting management, licensing, compliance, or policy activities in the defense trade controls function, including after incurred for ; (ii) in paragraph (1), by striking contract personnel to assist in ; (iii) in paragraph (2), by striking ; and and inserting a semicolon; (iv) in paragraph (3), by striking the period at the end and inserting a semicolon; and (v) by adding at the end the following new paragraphs: (4) the facilitation of defense trade policy development, implementation, and cooperation, including implementation of the trilateral security partnership between the United States, the United Kingdom, and Australia, review of commodity jurisdiction determinations, outreach to United States industry and foreign parties, and analysis of scientific and technological developments as they relate to the exercise of defense trade control authorities; and (5) contract personnel to assist in such activities.. (B) Use of Foreign Military Sales administrative funds \nNotwithstanding paragraph (3) of section 43(b) of the Arms Export Control Act ( 22 U.S.C. 2792(b)(3) ), with respect to sales under such Act for which a loan, grant, or guaranty is not provided by the United States, the President may authorize charges for administrative services calculated under section 21(e)(1)(A) of such Act ( 22 U.S.C. 2761(e)(1)(A) ) to include resources necessary to support the sustainment of the Task Force. (c) Sunset \nThe position of the Senior Advisor and the Task Force shall terminate on the date that is 7years after the date of the enactment of this Act. (d) Renewal \nThe Secretary of State may renew the position of the Senior Advisor for an additional period of 4 years, following notification to the appropriate congressional committees of the renewal.", "id": "H287CDF55D1D0445A8DBB2565425E1B6D", "header": "Establishment of Senior Advisor", "nested": [ { "text": "(a) Senior advisor for AUKUS \n(1) In general \nThe Secretary of State shall appoint, from among the leadership of the Department above the rank of Under Secretary, a senior advisor at the Department of State (in this section referred to as the Senior Advisor ), who shall concurrently oversee and coordinate the implementation of the AUKUS partnership announced September 15, 2021. The Senior Advisor shall report directly to the Secretary of State. (2) Use of existing authorization \nNo additional amounts are authorized to be appropriated to establish the senior advisor described in subsection (a). (3) Duties \nIt shall be the duty of the Senior Advisor to— (A) coordinate efforts to implement the AUKUS agreement across relevant bureaus, directorates, and offices of the Department of State; (B) represent the Department of State on matters relating to AUKUS in the interagency process; (C) engage with relevant governing bodies in the United Kingdom and Australia; and (D) issue guidance, including proposed regulations, to reduce barriers to defense collaboration, innovation, trade, and production with the Governments and industry partners of the United States, United Kingdom, and Australia.", "id": "H7B9A23C706C4494B97B0E56E8EFE25D1", "header": "Senior advisor for AUKUS", "nested": [], "links": [] }, { "text": "(b) AUKUS task force \n(1) Establishment \nThe Secretary of State shall establish a Task Force on AUKUS Governance (in this section referred to as the Task Force ), led by the Senior Advisor appointed pursuant to subsection (a). (2) Use of existing authorization \nNo additional amounts are authorized to be appropriated to establish the Task Force described in paragraph (1). (3) Personnel to support the senior advisor \nThe Secretary of State shall ensure that the Senior Advisor is adequately staffed through the assignment of existing Department employees and appointment of officials representing relevant bureaus. (4) Duties \nIt shall be the duty of the Task Force to— (A) meet at least once every 60 days to coordinate on issues pertaining to the successful implementation of the AUKUS agreement; (B) coordinate an ongoing working group among the interagency on the effectiveness of arms export regulations and laws relevant to implementation of the AUKUS agreement that may be joined by appropriate officials of the United Kingdom and Australia; (C) create and maintain a unified list of all defense-related transactions that have taken place under any agreement between the United States, Australia, and the United Kingdom; (D) create and maintain a list of vendors that commonly participate in defense-related trade between United States, Australia, and the United Kingdom; (E) coordinate the design and implementation of an established pathway for United States defense partners and treaty allies to obtain exemptions from the licensing and other approval requirements of section 38 of the Arms Export Control Act of 1976 ( 22 U.S.C. 2778 ) for exports and transfers of defense articles and defense services; (F) create a framework for gathering, maintaining, and exchanging information pertaining to companies, individuals, or entities engaged in compromising technology security in contravention to the AUKUS agreement; and (G) establish an AUKUS industry forum for industry stakeholders, including non-traditional defense contractors (as such term is defined in section 3014 of title 10, United States Code), that will be open for the participation of foreign industry involved in the AUKUS partnership. (5) Reports required \n(A) Quarterly reporting \nThe Senior Advisor shall submit to the appropriate congressional committees a report every 90 days that includes— (i) a detailed description of the work of the Senior Advisor and any meetings of the Task Force that have taken place since the preceding report was issued, including meetings conducted with AUKUS partners, industry representatives, or the interagency; (ii) a detailed description of any issues that representatives of the United Kingdom or Australia have brought to the attention of the United States that threaten the stated goals of the AUKUS agreement and any efforts within the Department to resolve these issues; (iii) any delays and the reasons for these delays to defense-related transactions between the United States, the United Kingdom, and Australia, reflecting government and industry input; (iv) detailed description of Department investigations into violations under section 38 of the Arms Export Controls Act ( 22 U.S.C. 2778 ) or related provisions that involve AUKUS partners or entities in the United States, the United Kingdom, and Australia; and (v) any violations of the Arms Export Control Act ( 22 U.S.C. 2751 et seq. ) or related regulations committed by United States persons with respect to transactions involving the United Kingdom or Australia. (B) Annual reporting \nThe Senior Advisor shall annually submit to the appropriate congressional committees a report listing the transactions that have taken place involving the AUKUS partners and including— (i) a description of programs authorized under the AUKUS agreement; (ii) an identification of the AUKUS entities involved; (iii) a list of all exports and transfers that would be subject to the requirements of paragraph (1), (2), or (3) of section 3(d) of the Arms Export Control Act ( 22 U.S.C. 2753(d) ), except for marketing or brokering activities, temporary imports, commodity jurisdiction determinations, or amendments to existing marketing or brokering licenses; and (iv) a valuation of the reduction in Department licensing review times eliminated, including review times reduced across the interagency. (6) Resources for the task force \n(A) Registration and other fees \nSection 45 of the State Department Basic Authorities Act of 1956 ( 22 U.S.C. 2717 ) is amended— (i) in the matter preceding paragraph (1)— (I) in the first sentence, by striking 100 percent of the registration fees collected by the Office of Defense Trade Controls of the Department of State and inserting 100 percent of the defense trade control registration fees collected by the Department of State ; and (II) in the second sentence, by inserting management, licensing, compliance, or policy activities in the defense trade controls function, including after incurred for ; (ii) in paragraph (1), by striking contract personnel to assist in ; (iii) in paragraph (2), by striking ; and and inserting a semicolon; (iv) in paragraph (3), by striking the period at the end and inserting a semicolon; and (v) by adding at the end the following new paragraphs: (4) the facilitation of defense trade policy development, implementation, and cooperation, including implementation of the trilateral security partnership between the United States, the United Kingdom, and Australia, review of commodity jurisdiction determinations, outreach to United States industry and foreign parties, and analysis of scientific and technological developments as they relate to the exercise of defense trade control authorities; and (5) contract personnel to assist in such activities.. (B) Use of Foreign Military Sales administrative funds \nNotwithstanding paragraph (3) of section 43(b) of the Arms Export Control Act ( 22 U.S.C. 2792(b)(3) ), with respect to sales under such Act for which a loan, grant, or guaranty is not provided by the United States, the President may authorize charges for administrative services calculated under section 21(e)(1)(A) of such Act ( 22 U.S.C. 2761(e)(1)(A) ) to include resources necessary to support the sustainment of the Task Force.", "id": "H10C8E5A7473D41929F1E2F2BB705F8BF", "header": "AUKUS task force", "nested": [], "links": [ { "text": "22 U.S.C. 2778", "legal-doc": "usc", "parsable-cite": "usc/22/2778" }, { "text": "22 U.S.C. 2778", "legal-doc": "usc", "parsable-cite": "usc/22/2778" }, { "text": "22 U.S.C. 2751 et seq.", "legal-doc": "usc", "parsable-cite": "usc/22/2751" }, { "text": "22 U.S.C. 2753(d)", "legal-doc": "usc", "parsable-cite": "usc/22/2753" }, { "text": "22 U.S.C. 2717", "legal-doc": "usc", "parsable-cite": "usc/22/2717" }, { "text": "22 U.S.C. 2792(b)(3)", "legal-doc": "usc", "parsable-cite": "usc/22/2792" }, { "text": "22 U.S.C. 2761(e)(1)(A)", "legal-doc": "usc", "parsable-cite": "usc/22/2761" } ] }, { "text": "(c) Sunset \nThe position of the Senior Advisor and the Task Force shall terminate on the date that is 7years after the date of the enactment of this Act.", "id": "H80DF0A167EEA430BB186D2040CC5B422", "header": "Sunset", "nested": [], "links": [] }, { "text": "(d) Renewal \nThe Secretary of State may renew the position of the Senior Advisor for an additional period of 4 years, following notification to the appropriate congressional committees of the renewal.", "id": "HD67E2565F37742239F36B8A58F3CE505", "header": "Renewal", "nested": [], "links": [] } ], "links": [ { "text": "22 U.S.C. 2778", "legal-doc": "usc", "parsable-cite": "usc/22/2778" }, { "text": "22 U.S.C. 2778", "legal-doc": "usc", "parsable-cite": "usc/22/2778" }, { "text": "22 U.S.C. 2751 et seq.", "legal-doc": "usc", "parsable-cite": "usc/22/2751" }, { "text": "22 U.S.C. 2753(d)", "legal-doc": "usc", "parsable-cite": "usc/22/2753" }, { "text": "22 U.S.C. 2717", "legal-doc": "usc", "parsable-cite": "usc/22/2717" }, { "text": "22 U.S.C. 2792(b)(3)", "legal-doc": "usc", "parsable-cite": "usc/22/2792" }, { "text": "22 U.S.C. 2761(e)(1)(A)", "legal-doc": "usc", "parsable-cite": "usc/22/2761" } ] }, { "text": "3. Modifications to Arms Export Control Act and other authorities \n(a) Expansion of authorities To control arms exports and imports \nSection 38 of the Arms Export Control Act of 1976 ( 22 U.S.C. 2778 ) is amended by adding at the end the following new subsection: (l) Exemption from licensing and approval requirements \n(1) In general \nSubject to paragraph (2) and notwithstanding any other provision of this section, the President, acting through the Secretary of State, may exempt from the licensing or other approval requirements of this section exports and transfers (including reexports, retransfers, temporary imports, and brokering activities) of defense items with respect to one or more countries. (2) Required standards of export controls \nThe Secretary of State may only exercise the authority under paragraph (1) after the Secretary submits to Congress a certification that the applicable country has implemented standards for a systems of export controls— (A) that satisfies the elements of subsection (j)(2)(A) with respect to defense items; and (B) that are at least comparable to those administered by the United States with respect to the provision of military training. (3) Additional exemption from certain certification requirements \nParagraphs (1) through (3) of section 3(d) shall not apply to transfers (including transfers of United States Government sales or grants, or commercial exports authorized under this Act) with respect to which the requirements of this section are exempted pursuant to paragraph (1). (4) Reporting required for exempted transfers \nThe Secretary of State shall require any person transferring a defense item between or among the United States and another country that would be subject to the licensing requirements of paragraphs (1) through (3) of section 3(d) but for the application of paragraph (3) of this subsection to report that transfer to the Secretary not later than 90 days after the transfer occurs.. (b) United states munitions list periodic review \n(1) In general \nThe Secretary of State, acting through authority delegated by the President to carry out periodic reviews of items on the United States Munitions List under section 38(f) of the Arms Export Control Act ( 22 U.S.C. 2778(f) ) and in coordination with the Secretary of Defense, the Secretary of Energy, the Secretary of Commerce, and the Director of the Office of Management and Budget, shall carry out such reviews not less frequently than every 3 years. (2) Scope \nThe periodic reviews described in paragraph (1) shall focus on matters including— (A) interagency resources to address current threats faced by the United States; (B) the evolving technological and economic landscape; (C) the widespread availability of certain technologies and items on the United States Munitions List; and (D) risks of misuse of United States-origin defense articles. (3) Consultation \nThe Department of State may consult with the Defense Trade Advisory Group and other interested parties, including nontraditional defense contractors, in conducting the periodic review described in paragraph (1).", "id": "H996B518B7AD64F55A4F28646582B68EB", "header": "Modifications to Arms Export Control Act and other authorities", "nested": [ { "text": "(a) Expansion of authorities To control arms exports and imports \nSection 38 of the Arms Export Control Act of 1976 ( 22 U.S.C. 2778 ) is amended by adding at the end the following new subsection: (l) Exemption from licensing and approval requirements \n(1) In general \nSubject to paragraph (2) and notwithstanding any other provision of this section, the President, acting through the Secretary of State, may exempt from the licensing or other approval requirements of this section exports and transfers (including reexports, retransfers, temporary imports, and brokering activities) of defense items with respect to one or more countries. (2) Required standards of export controls \nThe Secretary of State may only exercise the authority under paragraph (1) after the Secretary submits to Congress a certification that the applicable country has implemented standards for a systems of export controls— (A) that satisfies the elements of subsection (j)(2)(A) with respect to defense items; and (B) that are at least comparable to those administered by the United States with respect to the provision of military training. (3) Additional exemption from certain certification requirements \nParagraphs (1) through (3) of section 3(d) shall not apply to transfers (including transfers of United States Government sales or grants, or commercial exports authorized under this Act) with respect to which the requirements of this section are exempted pursuant to paragraph (1). (4) Reporting required for exempted transfers \nThe Secretary of State shall require any person transferring a defense item between or among the United States and another country that would be subject to the licensing requirements of paragraphs (1) through (3) of section 3(d) but for the application of paragraph (3) of this subsection to report that transfer to the Secretary not later than 90 days after the transfer occurs..", "id": "H28ADFC9C36A84F0F9F62691E09E2062F", "header": "Expansion of authorities To control arms exports and imports", "nested": [], "links": [ { "text": "22 U.S.C. 2778", "legal-doc": "usc", "parsable-cite": "usc/22/2778" } ] }, { "text": "(b) United states munitions list periodic review \n(1) In general \nThe Secretary of State, acting through authority delegated by the President to carry out periodic reviews of items on the United States Munitions List under section 38(f) of the Arms Export Control Act ( 22 U.S.C. 2778(f) ) and in coordination with the Secretary of Defense, the Secretary of Energy, the Secretary of Commerce, and the Director of the Office of Management and Budget, shall carry out such reviews not less frequently than every 3 years. (2) Scope \nThe periodic reviews described in paragraph (1) shall focus on matters including— (A) interagency resources to address current threats faced by the United States; (B) the evolving technological and economic landscape; (C) the widespread availability of certain technologies and items on the United States Munitions List; and (D) risks of misuse of United States-origin defense articles. (3) Consultation \nThe Department of State may consult with the Defense Trade Advisory Group and other interested parties, including nontraditional defense contractors, in conducting the periodic review described in paragraph (1).", "id": "H821BAEA776684A078DF34F9486FAE18B", "header": "United states munitions list periodic review", "nested": [], "links": [ { "text": "22 U.S.C. 2778(f)", "legal-doc": "usc", "parsable-cite": "usc/22/2778" } ] } ], "links": [ { "text": "22 U.S.C. 2778", "legal-doc": "usc", "parsable-cite": "usc/22/2778" }, { "text": "22 U.S.C. 2778(f)", "legal-doc": "usc", "parsable-cite": "usc/22/2778" } ] }, { "text": "4. Definitions \nIn this Act: (1) Appropriate congressional committees \nThe term appropriate congressional committees means— (A) the Committee on Foreign Affairs, Committee on the Armed Services, and Committee on Appropriations of the House of Representatives; and (B) the Committee on Foreign Relations, Committee on the Armed Services, and Committee on Appropriations of the Senate. (2) AUKUS agreement \nThe term AUKUS agreement means the trilateral security partnership between the United States, the United Kingdom, and Australia that was announced on September 15, 2021.", "id": "H140CC90A1AAB42A396513676430835D8", "header": "Definitions", "nested": [], "links": [] } ]
4
1. Short title This Act may be cited as the AUKUS Oversight and Accountability Act or the AOA Act. 2. Establishment of Senior Advisor (a) Senior advisor for AUKUS (1) In general The Secretary of State shall appoint, from among the leadership of the Department above the rank of Under Secretary, a senior advisor at the Department of State (in this section referred to as the Senior Advisor ), who shall concurrently oversee and coordinate the implementation of the AUKUS partnership announced September 15, 2021. The Senior Advisor shall report directly to the Secretary of State. (2) Use of existing authorization No additional amounts are authorized to be appropriated to establish the senior advisor described in subsection (a). (3) Duties It shall be the duty of the Senior Advisor to— (A) coordinate efforts to implement the AUKUS agreement across relevant bureaus, directorates, and offices of the Department of State; (B) represent the Department of State on matters relating to AUKUS in the interagency process; (C) engage with relevant governing bodies in the United Kingdom and Australia; and (D) issue guidance, including proposed regulations, to reduce barriers to defense collaboration, innovation, trade, and production with the Governments and industry partners of the United States, United Kingdom, and Australia. (b) AUKUS task force (1) Establishment The Secretary of State shall establish a Task Force on AUKUS Governance (in this section referred to as the Task Force ), led by the Senior Advisor appointed pursuant to subsection (a). (2) Use of existing authorization No additional amounts are authorized to be appropriated to establish the Task Force described in paragraph (1). (3) Personnel to support the senior advisor The Secretary of State shall ensure that the Senior Advisor is adequately staffed through the assignment of existing Department employees and appointment of officials representing relevant bureaus. (4) Duties It shall be the duty of the Task Force to— (A) meet at least once every 60 days to coordinate on issues pertaining to the successful implementation of the AUKUS agreement; (B) coordinate an ongoing working group among the interagency on the effectiveness of arms export regulations and laws relevant to implementation of the AUKUS agreement that may be joined by appropriate officials of the United Kingdom and Australia; (C) create and maintain a unified list of all defense-related transactions that have taken place under any agreement between the United States, Australia, and the United Kingdom; (D) create and maintain a list of vendors that commonly participate in defense-related trade between United States, Australia, and the United Kingdom; (E) coordinate the design and implementation of an established pathway for United States defense partners and treaty allies to obtain exemptions from the licensing and other approval requirements of section 38 of the Arms Export Control Act of 1976 ( 22 U.S.C. 2778 ) for exports and transfers of defense articles and defense services; (F) create a framework for gathering, maintaining, and exchanging information pertaining to companies, individuals, or entities engaged in compromising technology security in contravention to the AUKUS agreement; and (G) establish an AUKUS industry forum for industry stakeholders, including non-traditional defense contractors (as such term is defined in section 3014 of title 10, United States Code), that will be open for the participation of foreign industry involved in the AUKUS partnership. (5) Reports required (A) Quarterly reporting The Senior Advisor shall submit to the appropriate congressional committees a report every 90 days that includes— (i) a detailed description of the work of the Senior Advisor and any meetings of the Task Force that have taken place since the preceding report was issued, including meetings conducted with AUKUS partners, industry representatives, or the interagency; (ii) a detailed description of any issues that representatives of the United Kingdom or Australia have brought to the attention of the United States that threaten the stated goals of the AUKUS agreement and any efforts within the Department to resolve these issues; (iii) any delays and the reasons for these delays to defense-related transactions between the United States, the United Kingdom, and Australia, reflecting government and industry input; (iv) detailed description of Department investigations into violations under section 38 of the Arms Export Controls Act ( 22 U.S.C. 2778 ) or related provisions that involve AUKUS partners or entities in the United States, the United Kingdom, and Australia; and (v) any violations of the Arms Export Control Act ( 22 U.S.C. 2751 et seq. ) or related regulations committed by United States persons with respect to transactions involving the United Kingdom or Australia. (B) Annual reporting The Senior Advisor shall annually submit to the appropriate congressional committees a report listing the transactions that have taken place involving the AUKUS partners and including— (i) a description of programs authorized under the AUKUS agreement; (ii) an identification of the AUKUS entities involved; (iii) a list of all exports and transfers that would be subject to the requirements of paragraph (1), (2), or (3) of section 3(d) of the Arms Export Control Act ( 22 U.S.C. 2753(d) ), except for marketing or brokering activities, temporary imports, commodity jurisdiction determinations, or amendments to existing marketing or brokering licenses; and (iv) a valuation of the reduction in Department licensing review times eliminated, including review times reduced across the interagency. (6) Resources for the task force (A) Registration and other fees Section 45 of the State Department Basic Authorities Act of 1956 ( 22 U.S.C. 2717 ) is amended— (i) in the matter preceding paragraph (1)— (I) in the first sentence, by striking 100 percent of the registration fees collected by the Office of Defense Trade Controls of the Department of State and inserting 100 percent of the defense trade control registration fees collected by the Department of State ; and (II) in the second sentence, by inserting management, licensing, compliance, or policy activities in the defense trade controls function, including after incurred for ; (ii) in paragraph (1), by striking contract personnel to assist in ; (iii) in paragraph (2), by striking ; and and inserting a semicolon; (iv) in paragraph (3), by striking the period at the end and inserting a semicolon; and (v) by adding at the end the following new paragraphs: (4) the facilitation of defense trade policy development, implementation, and cooperation, including implementation of the trilateral security partnership between the United States, the United Kingdom, and Australia, review of commodity jurisdiction determinations, outreach to United States industry and foreign parties, and analysis of scientific and technological developments as they relate to the exercise of defense trade control authorities; and (5) contract personnel to assist in such activities.. (B) Use of Foreign Military Sales administrative funds Notwithstanding paragraph (3) of section 43(b) of the Arms Export Control Act ( 22 U.S.C. 2792(b)(3) ), with respect to sales under such Act for which a loan, grant, or guaranty is not provided by the United States, the President may authorize charges for administrative services calculated under section 21(e)(1)(A) of such Act ( 22 U.S.C. 2761(e)(1)(A) ) to include resources necessary to support the sustainment of the Task Force. (c) Sunset The position of the Senior Advisor and the Task Force shall terminate on the date that is 7years after the date of the enactment of this Act. (d) Renewal The Secretary of State may renew the position of the Senior Advisor for an additional period of 4 years, following notification to the appropriate congressional committees of the renewal. 3. Modifications to Arms Export Control Act and other authorities (a) Expansion of authorities To control arms exports and imports Section 38 of the Arms Export Control Act of 1976 ( 22 U.S.C. 2778 ) is amended by adding at the end the following new subsection: (l) Exemption from licensing and approval requirements (1) In general Subject to paragraph (2) and notwithstanding any other provision of this section, the President, acting through the Secretary of State, may exempt from the licensing or other approval requirements of this section exports and transfers (including reexports, retransfers, temporary imports, and brokering activities) of defense items with respect to one or more countries. (2) Required standards of export controls The Secretary of State may only exercise the authority under paragraph (1) after the Secretary submits to Congress a certification that the applicable country has implemented standards for a systems of export controls— (A) that satisfies the elements of subsection (j)(2)(A) with respect to defense items; and (B) that are at least comparable to those administered by the United States with respect to the provision of military training. (3) Additional exemption from certain certification requirements Paragraphs (1) through (3) of section 3(d) shall not apply to transfers (including transfers of United States Government sales or grants, or commercial exports authorized under this Act) with respect to which the requirements of this section are exempted pursuant to paragraph (1). (4) Reporting required for exempted transfers The Secretary of State shall require any person transferring a defense item between or among the United States and another country that would be subject to the licensing requirements of paragraphs (1) through (3) of section 3(d) but for the application of paragraph (3) of this subsection to report that transfer to the Secretary not later than 90 days after the transfer occurs.. (b) United states munitions list periodic review (1) In general The Secretary of State, acting through authority delegated by the President to carry out periodic reviews of items on the United States Munitions List under section 38(f) of the Arms Export Control Act ( 22 U.S.C. 2778(f) ) and in coordination with the Secretary of Defense, the Secretary of Energy, the Secretary of Commerce, and the Director of the Office of Management and Budget, shall carry out such reviews not less frequently than every 3 years. (2) Scope The periodic reviews described in paragraph (1) shall focus on matters including— (A) interagency resources to address current threats faced by the United States; (B) the evolving technological and economic landscape; (C) the widespread availability of certain technologies and items on the United States Munitions List; and (D) risks of misuse of United States-origin defense articles. (3) Consultation The Department of State may consult with the Defense Trade Advisory Group and other interested parties, including nontraditional defense contractors, in conducting the periodic review described in paragraph (1). 4. Definitions In this Act: (1) Appropriate congressional committees The term appropriate congressional committees means— (A) the Committee on Foreign Affairs, Committee on the Armed Services, and Committee on Appropriations of the House of Representatives; and (B) the Committee on Foreign Relations, Committee on the Armed Services, and Committee on Appropriations of the Senate. (2) AUKUS agreement The term AUKUS agreement means the trilateral security partnership between the United States, the United Kingdom, and Australia that was announced on September 15, 2021.
11,667
[ "Foreign Affairs Committee" ]
118hr5270ih
118
hr
5,270
ih
To amend title 10, United States Code, to permit the Secretary of Defense to carry out certain environmental restoration projects at facilities of the National Guard and the Air National Guard.
[ { "text": "1. Equivalent authority to carry out certain projects at facilities of the National Guard and the Air National Guard \n(a) Revision of definition \nParagraph (4) of section 2700 of title 10, United States Code, is amended— (1) by striking State-owned ; (2) by striking owned and operated by a State when such land is ; and (3) by striking even though such land is not under the jurisdiction of the Department of Defense and inserting: without regard to— (A) the owner or operator of the facility; or (B) whether the facility is under the jurisdiction of the Department of Defense or a military department.. (b) Inclusion under defense environmental restoration program \nSection 2701 of title 10, United States Code, is amended— (1) in paragraph (1) of subsection (a), by striking State-owned ; (2) in subparagraph (D) of subsection (c)(1), by striking State-owned ; and (3) in paragraph (1) of subsection (d) by inserting or at a National Guard facility after Secretary’s jurisdiction. (c) Environmental restoration accounts \nSection 2703(g)(1) of such title is amended by inserting , a National Guard facility, after Department of Defense. (d) Technical and conforming amendments \n(1) Repeal of provision \nSection 2707 of such title is amended by striking subsection (e). (2) Reference update \nSection 345(f)(1) of the National Defense Authorization Act for Fiscal Year 2022 ( Public Law 117–81 ; 135 Stat. 1646; 10 U.S.C. 2715 note) is amended by striking facility where military activities are conducted by the National Guard of a State pursuant to section 2707(e) of title 10, United States Code and inserting National Guard Facility, as such term is defined in section 2700 of title 10, United States Code.", "id": "HBE6C4B9DA9004E80AAF656DD886B1282", "header": "Equivalent authority to carry out certain projects at facilities of the National Guard and the Air National Guard", "nested": [ { "text": "(a) Revision of definition \nParagraph (4) of section 2700 of title 10, United States Code, is amended— (1) by striking State-owned ; (2) by striking owned and operated by a State when such land is ; and (3) by striking even though such land is not under the jurisdiction of the Department of Defense and inserting: without regard to— (A) the owner or operator of the facility; or (B) whether the facility is under the jurisdiction of the Department of Defense or a military department..", "id": "H396330AEFB0741E481BCF5EDCBC73BC2", "header": "Revision of definition", "nested": [], "links": [] }, { "text": "(b) Inclusion under defense environmental restoration program \nSection 2701 of title 10, United States Code, is amended— (1) in paragraph (1) of subsection (a), by striking State-owned ; (2) in subparagraph (D) of subsection (c)(1), by striking State-owned ; and (3) in paragraph (1) of subsection (d) by inserting or at a National Guard facility after Secretary’s jurisdiction.", "id": "HE35D98788D7C4998833AFF74D3D17B4A", "header": "Inclusion under defense environmental restoration program", "nested": [], "links": [] }, { "text": "(c) Environmental restoration accounts \nSection 2703(g)(1) of such title is amended by inserting , a National Guard facility, after Department of Defense.", "id": "H4D32F24EA0284C6B9BBC3FCB313C3B9F", "header": "Environmental restoration accounts", "nested": [], "links": [] }, { "text": "(d) Technical and conforming amendments \n(1) Repeal of provision \nSection 2707 of such title is amended by striking subsection (e). (2) Reference update \nSection 345(f)(1) of the National Defense Authorization Act for Fiscal Year 2022 ( Public Law 117–81 ; 135 Stat. 1646; 10 U.S.C. 2715 note) is amended by striking facility where military activities are conducted by the National Guard of a State pursuant to section 2707(e) of title 10, United States Code and inserting National Guard Facility, as such term is defined in section 2700 of title 10, United States Code.", "id": "H3CCDB9691B2F4986B0DD4C7AD31BCA66", "header": "Technical and conforming amendments", "nested": [], "links": [ { "text": "Public Law 117–81", "legal-doc": "public-law", "parsable-cite": "pl/117/81" }, { "text": "10 U.S.C. 2715", "legal-doc": "usc", "parsable-cite": "usc/10/2715" } ] } ], "links": [ { "text": "Public Law 117–81", "legal-doc": "public-law", "parsable-cite": "pl/117/81" }, { "text": "10 U.S.C. 2715", "legal-doc": "usc", "parsable-cite": "usc/10/2715" } ] } ]
1
1. Equivalent authority to carry out certain projects at facilities of the National Guard and the Air National Guard (a) Revision of definition Paragraph (4) of section 2700 of title 10, United States Code, is amended— (1) by striking State-owned ; (2) by striking owned and operated by a State when such land is ; and (3) by striking even though such land is not under the jurisdiction of the Department of Defense and inserting: without regard to— (A) the owner or operator of the facility; or (B) whether the facility is under the jurisdiction of the Department of Defense or a military department.. (b) Inclusion under defense environmental restoration program Section 2701 of title 10, United States Code, is amended— (1) in paragraph (1) of subsection (a), by striking State-owned ; (2) in subparagraph (D) of subsection (c)(1), by striking State-owned ; and (3) in paragraph (1) of subsection (d) by inserting or at a National Guard facility after Secretary’s jurisdiction. (c) Environmental restoration accounts Section 2703(g)(1) of such title is amended by inserting , a National Guard facility, after Department of Defense. (d) Technical and conforming amendments (1) Repeal of provision Section 2707 of such title is amended by striking subsection (e). (2) Reference update Section 345(f)(1) of the National Defense Authorization Act for Fiscal Year 2022 ( Public Law 117–81 ; 135 Stat. 1646; 10 U.S.C. 2715 note) is amended by striking facility where military activities are conducted by the National Guard of a State pursuant to section 2707(e) of title 10, United States Code and inserting National Guard Facility, as such term is defined in section 2700 of title 10, United States Code.
1,709
[ "Armed Services Committee" ]
118hr7972ih
118
hr
7,972
ih
To increase the supply of, and lower rents for, affordable housing and to assess calculations of area median income for purposes of Federal low-income housing assistance, and for other purposes.
[ { "text": "1. Short title \nThis Act may be cited as the Affordable Housing and Area Median Income Fairness Act of 2024.", "id": "H97E8D31229FA4BDEAEB9CCDEEF25DB72", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Urgent support for affordable housing infrastructure \n(a) Home Investment partnerships program \n(1) Authorization of appropriations \nThere is authorized to be appropriated to carry out title II of the Cranston-Gonzalez National Affordable Housing Act ( 42 U.S.C. 1721 et seq. ) $5,000,000,000 for each of fiscal years 2025 through 2034. (2) Limitation \nAny amounts appropriated pursuant to paragraph (1) shall be used only for assistance for any area within a jurisdiction for which the Secretary has applied a high housing cost adjustment. (b) Community development block grants \n(1) Authorization of appropriations \nThere is authorized to be appropriated for community development block grant assistance under section 106 of the Housing and Community Development Act of 1974 ( 42 U.S.C. 5306 ) $5,000,000,000 for each of fiscal years 2025 through 2034. (2) Limitation \nAny amounts appropriated pursuant to paragraph (1) shall be used only for assistance for any area within a jurisdiction for which the Secretary has applied a high housing cost adjustment. (c) Housing Trust Fund \n(1) Authorization of appropriations \nThere is authorized to be appropriated to the Housing Trust Fund established under section 1338(a) of the Federal Housing Enterprises Financial Safety and Soundness Act of 1992 ( 12 U.S.C. 4568(a) ) $5,000,000,000 for each of fiscal years 2025 through 2034. (2) Limitation \nAny amounts appropriated pursuant to paragraph (1) shall be used only for assistance for any area within a jurisdiction for which the Secretary has applied a high housing cost adjustment.", "id": "H1C9D292F92934CB1A358245C244234E4", "header": "Urgent support for affordable housing infrastructure", "nested": [ { "text": "(a) Home Investment partnerships program \n(1) Authorization of appropriations \nThere is authorized to be appropriated to carry out title II of the Cranston-Gonzalez National Affordable Housing Act ( 42 U.S.C. 1721 et seq. ) $5,000,000,000 for each of fiscal years 2025 through 2034. (2) Limitation \nAny amounts appropriated pursuant to paragraph (1) shall be used only for assistance for any area within a jurisdiction for which the Secretary has applied a high housing cost adjustment.", "id": "H51EEF27A22EB4987913161C96D4CD29C", "header": "Home Investment partnerships program", "nested": [], "links": [ { "text": "42 U.S.C. 1721 et seq.", "legal-doc": "usc", "parsable-cite": "usc/42/1721" } ] }, { "text": "(b) Community development block grants \n(1) Authorization of appropriations \nThere is authorized to be appropriated for community development block grant assistance under section 106 of the Housing and Community Development Act of 1974 ( 42 U.S.C. 5306 ) $5,000,000,000 for each of fiscal years 2025 through 2034. (2) Limitation \nAny amounts appropriated pursuant to paragraph (1) shall be used only for assistance for any area within a jurisdiction for which the Secretary has applied a high housing cost adjustment.", "id": "H42AEE74F62584C0FA2A22C6612BE7362", "header": " Community development block grants", "nested": [], "links": [ { "text": "42 U.S.C. 5306", "legal-doc": "usc", "parsable-cite": "usc/42/5306" } ] }, { "text": "(c) Housing Trust Fund \n(1) Authorization of appropriations \nThere is authorized to be appropriated to the Housing Trust Fund established under section 1338(a) of the Federal Housing Enterprises Financial Safety and Soundness Act of 1992 ( 12 U.S.C. 4568(a) ) $5,000,000,000 for each of fiscal years 2025 through 2034. (2) Limitation \nAny amounts appropriated pursuant to paragraph (1) shall be used only for assistance for any area within a jurisdiction for which the Secretary has applied a high housing cost adjustment.", "id": "HA57A49307B9140578D39B088554433EA", "header": " Housing Trust Fund", "nested": [], "links": [ { "text": "12 U.S.C. 4568(a)", "legal-doc": "usc", "parsable-cite": "usc/12/4568" } ] } ], "links": [ { "text": "42 U.S.C. 1721 et seq.", "legal-doc": "usc", "parsable-cite": "usc/42/1721" }, { "text": "42 U.S.C. 5306", "legal-doc": "usc", "parsable-cite": "usc/42/5306" }, { "text": "12 U.S.C. 4568(a)", "legal-doc": "usc", "parsable-cite": "usc/12/4568" } ] }, { "text": "3. Assessment regarding optimizing use of area median income to support affordable housing in urban areas \n(a) Assessment of alternative calculation methods \nNot later than 180 days after the date of the enactment of this Act, the Secretary shall commence an assessment of alternative methods for calculating area median income, and the use of alternative metrics, for programs administered by the Secretary that would make housing more affordable for low-income families residing in urban areas nationwide, which shall include analysis of the topics identified in subsection (b). (b) Report \nNot later than two years after the date of the enactment of this Act, the Secretary shall submit to the Committee on Financial Services of the House of Representatives and the Committee on Banking, Housing, and Urban Affairs of the Senate, and make publicly available, a report setting forth the results of the assessment conducted pursuant to subsection (a), which shall include— (1) a review and summarization of significant findings and recommendations from any related previous reports regarding area median income; (2) an assessment of the extent and impacts of the affordable housing crisis in urban areas nationwide, particularly within jurisdictions for which the Secretary has applied a high housing cost adjustment, including a comparison of rent burdens for very low-income households in jurisdictions with and without high housing cost adjustments; (3) an analysis and assessment of the effects that high housing cost adjustments have had on income limits and rent prices in jurisdictions for which the Secretary has applied such an adjustment, including any effects on maximum rents allowed under sections 42 and 142 of the Internal Revenue Code of 1986 for tax-subsidized units; (4) an updated assessment of the potential impacts to affordable housing, particularly on income limits and rent prices, of calculating area median income on a ZIP Code level basis and using other localized methodologies; (5) a process through which State housing authorities may designate area median income jurisdictions within that State; (6) an assessment of alternative metrics to area median income for the purposes of setting income levels and related thresholds for affordable housing programs administered by the Secretary; (7) recommendations for how the Secretary could reform or eliminate use of area median income for the purposes of making housing more affordable for low-income and middle class families in urban areas; (8) any further recommendations for how the Secretary could use existing authorities to make housing more affordable for low-income and middle class families in urban areas, particularly for such families for which the Secretary has applied a high housing cost adjustment; and (9) an assessment of the impacts that Westchester and Rockland Counties in New York State have on the City of New York's area median income, related metrics, and affordable housing supply, including on income limits and maximum rent prices for affordable housing units within the jurisdiction of the City of New York. (c) Methodology \nNot later than 45 days after the date of the enactment of this Act, the Secretary shall submit a report to the Committee on Financial Services of the House of Representatives and the Committee on Banking, Housing, and Urban Affairs of the Senate describing the methodology that will be used to conduct the assessment under this section.", "id": "H6AC76A0F354F40DA852BDB8684D09214", "header": "Assessment regarding optimizing use of area median income to support affordable housing in urban areas", "nested": [ { "text": "(a) Assessment of alternative calculation methods \nNot later than 180 days after the date of the enactment of this Act, the Secretary shall commence an assessment of alternative methods for calculating area median income, and the use of alternative metrics, for programs administered by the Secretary that would make housing more affordable for low-income families residing in urban areas nationwide, which shall include analysis of the topics identified in subsection (b).", "id": "H81D55B24E7684BAA8E97797F9E79A709", "header": "Assessment of alternative calculation methods", "nested": [], "links": [] }, { "text": "(b) Report \nNot later than two years after the date of the enactment of this Act, the Secretary shall submit to the Committee on Financial Services of the House of Representatives and the Committee on Banking, Housing, and Urban Affairs of the Senate, and make publicly available, a report setting forth the results of the assessment conducted pursuant to subsection (a), which shall include— (1) a review and summarization of significant findings and recommendations from any related previous reports regarding area median income; (2) an assessment of the extent and impacts of the affordable housing crisis in urban areas nationwide, particularly within jurisdictions for which the Secretary has applied a high housing cost adjustment, including a comparison of rent burdens for very low-income households in jurisdictions with and without high housing cost adjustments; (3) an analysis and assessment of the effects that high housing cost adjustments have had on income limits and rent prices in jurisdictions for which the Secretary has applied such an adjustment, including any effects on maximum rents allowed under sections 42 and 142 of the Internal Revenue Code of 1986 for tax-subsidized units; (4) an updated assessment of the potential impacts to affordable housing, particularly on income limits and rent prices, of calculating area median income on a ZIP Code level basis and using other localized methodologies; (5) a process through which State housing authorities may designate area median income jurisdictions within that State; (6) an assessment of alternative metrics to area median income for the purposes of setting income levels and related thresholds for affordable housing programs administered by the Secretary; (7) recommendations for how the Secretary could reform or eliminate use of area median income for the purposes of making housing more affordable for low-income and middle class families in urban areas; (8) any further recommendations for how the Secretary could use existing authorities to make housing more affordable for low-income and middle class families in urban areas, particularly for such families for which the Secretary has applied a high housing cost adjustment; and (9) an assessment of the impacts that Westchester and Rockland Counties in New York State have on the City of New York's area median income, related metrics, and affordable housing supply, including on income limits and maximum rent prices for affordable housing units within the jurisdiction of the City of New York.", "id": "HE01F9878F921484D96D8F65BEAA1A34D", "header": "Report", "nested": [], "links": [] }, { "text": "(c) Methodology \nNot later than 45 days after the date of the enactment of this Act, the Secretary shall submit a report to the Committee on Financial Services of the House of Representatives and the Committee on Banking, Housing, and Urban Affairs of the Senate describing the methodology that will be used to conduct the assessment under this section.", "id": "H190DA203AFE9451C8E22CFDCA7ACFEB1", "header": "Methodology", "nested": [], "links": [] } ], "links": [] }, { "text": "4. Definitions \nFor purposes of this Act, the following definitions shall apply: (1) Area median income \nThe term area median income means median income for an area, as such term is used in section 3(b) of the United States Housing Act of 1937 ( 42 U.S.C. 1437a(b) ), median family income, and any other substantively similar metric that the Secretary uses to refer to the median income level for a given area or jurisdiction for purposes of any program administered by the Secretary. (2) High housing cost adjustment \nThe term high housing cost adjustment means an adjustment for high housing costs or high construction costs, or any substantively similar adjustment that the Secretary may use to increase income limits for areas where the cost of housing is abnormally high compared to the median income for such area, for purposes of any program administered by the Secretary. (3) Secretary \nThe term Secretary means the Secretary of Housing and Urban Development.", "id": "H20861E51A1EB4EB9AE16215DE3192109", "header": "Definitions", "nested": [], "links": [ { "text": "42 U.S.C. 1437a(b)", "legal-doc": "usc", "parsable-cite": "usc/42/1437a" } ] } ]
4
1. Short title This Act may be cited as the Affordable Housing and Area Median Income Fairness Act of 2024. 2. Urgent support for affordable housing infrastructure (a) Home Investment partnerships program (1) Authorization of appropriations There is authorized to be appropriated to carry out title II of the Cranston-Gonzalez National Affordable Housing Act ( 42 U.S.C. 1721 et seq. ) $5,000,000,000 for each of fiscal years 2025 through 2034. (2) Limitation Any amounts appropriated pursuant to paragraph (1) shall be used only for assistance for any area within a jurisdiction for which the Secretary has applied a high housing cost adjustment. (b) Community development block grants (1) Authorization of appropriations There is authorized to be appropriated for community development block grant assistance under section 106 of the Housing and Community Development Act of 1974 ( 42 U.S.C. 5306 ) $5,000,000,000 for each of fiscal years 2025 through 2034. (2) Limitation Any amounts appropriated pursuant to paragraph (1) shall be used only for assistance for any area within a jurisdiction for which the Secretary has applied a high housing cost adjustment. (c) Housing Trust Fund (1) Authorization of appropriations There is authorized to be appropriated to the Housing Trust Fund established under section 1338(a) of the Federal Housing Enterprises Financial Safety and Soundness Act of 1992 ( 12 U.S.C. 4568(a) ) $5,000,000,000 for each of fiscal years 2025 through 2034. (2) Limitation Any amounts appropriated pursuant to paragraph (1) shall be used only for assistance for any area within a jurisdiction for which the Secretary has applied a high housing cost adjustment. 3. Assessment regarding optimizing use of area median income to support affordable housing in urban areas (a) Assessment of alternative calculation methods Not later than 180 days after the date of the enactment of this Act, the Secretary shall commence an assessment of alternative methods for calculating area median income, and the use of alternative metrics, for programs administered by the Secretary that would make housing more affordable for low-income families residing in urban areas nationwide, which shall include analysis of the topics identified in subsection (b). (b) Report Not later than two years after the date of the enactment of this Act, the Secretary shall submit to the Committee on Financial Services of the House of Representatives and the Committee on Banking, Housing, and Urban Affairs of the Senate, and make publicly available, a report setting forth the results of the assessment conducted pursuant to subsection (a), which shall include— (1) a review and summarization of significant findings and recommendations from any related previous reports regarding area median income; (2) an assessment of the extent and impacts of the affordable housing crisis in urban areas nationwide, particularly within jurisdictions for which the Secretary has applied a high housing cost adjustment, including a comparison of rent burdens for very low-income households in jurisdictions with and without high housing cost adjustments; (3) an analysis and assessment of the effects that high housing cost adjustments have had on income limits and rent prices in jurisdictions for which the Secretary has applied such an adjustment, including any effects on maximum rents allowed under sections 42 and 142 of the Internal Revenue Code of 1986 for tax-subsidized units; (4) an updated assessment of the potential impacts to affordable housing, particularly on income limits and rent prices, of calculating area median income on a ZIP Code level basis and using other localized methodologies; (5) a process through which State housing authorities may designate area median income jurisdictions within that State; (6) an assessment of alternative metrics to area median income for the purposes of setting income levels and related thresholds for affordable housing programs administered by the Secretary; (7) recommendations for how the Secretary could reform or eliminate use of area median income for the purposes of making housing more affordable for low-income and middle class families in urban areas; (8) any further recommendations for how the Secretary could use existing authorities to make housing more affordable for low-income and middle class families in urban areas, particularly for such families for which the Secretary has applied a high housing cost adjustment; and (9) an assessment of the impacts that Westchester and Rockland Counties in New York State have on the City of New York's area median income, related metrics, and affordable housing supply, including on income limits and maximum rent prices for affordable housing units within the jurisdiction of the City of New York. (c) Methodology Not later than 45 days after the date of the enactment of this Act, the Secretary shall submit a report to the Committee on Financial Services of the House of Representatives and the Committee on Banking, Housing, and Urban Affairs of the Senate describing the methodology that will be used to conduct the assessment under this section. 4. Definitions For purposes of this Act, the following definitions shall apply: (1) Area median income The term area median income means median income for an area, as such term is used in section 3(b) of the United States Housing Act of 1937 ( 42 U.S.C. 1437a(b) ), median family income, and any other substantively similar metric that the Secretary uses to refer to the median income level for a given area or jurisdiction for purposes of any program administered by the Secretary. (2) High housing cost adjustment The term high housing cost adjustment means an adjustment for high housing costs or high construction costs, or any substantively similar adjustment that the Secretary may use to increase income limits for areas where the cost of housing is abnormally high compared to the median income for such area, for purposes of any program administered by the Secretary. (3) Secretary The term Secretary means the Secretary of Housing and Urban Development.
6,131
[ "Financial Services Committee" ]
118hr6842ih
118
hr
6,842
ih
To amend chapter 131 of title 5, United States Code, and the STOCK Act to require certain senior officials to report payments received from the Federal Government, to improve the filing and disclosure of financial disclosures by Members of Congress, congressional staff, very senior employees, and others, and to ban stock trading for certain senior Government officials, and for other purposes.
[ { "text": "1. Short title \nThis Act may be cited as the STOCK Act 2.0.", "id": "H3592F99CDCC84292BF05896103891800", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Reporting of applications for, or receipt of, payments from Federal Government \n(a) In general \nSection 13103 of title 5, United States Code, is amended by adding at the end the following: (i) Reporting of applications for, or receipt of, payments from Federal Government \n(1) Definitions \nIn this subsection: (A) Covered payment \n(i) In general \nThe term covered payment means a payment of money or any other item of value made, or promised to be made, by the Federal Government. (ii) Inclusions \nThe term covered payment includes— (I) a loan agreement, contract, or grant made, or promised to be made, by the Federal Government; and (II) such other types of payment of money or items of value as the Secretary of the Treasury, in consultation with the Director of the Office of Government Ethics, may establish, by regulation. (iii) Exclusions \nThe term covered payment does not include— (I) any salary or compensation for service performed as, or reimbursement of personal outlay by, an officer or employee of the Federal Government; or (II) any tax refund (including a refundable tax credit). (B) Covered person \nThe term covered person means— (i) an individual described in any of paragraphs (1) through (13) of section 13105(l); or (ii) a spouse or dependent child of an individual described in clause (i). (C) Dependent child \nThe term dependent child means, with respect to any individual described in subparagraph (B)(i), any individual who is— (i) under the age of 19; and (ii) a dependent of the individual described in subparagraph (B)(i) within the meaning of section 152 of the Internal Revenue Code of 1986. (2) Reporting requirement \nNot later than 30 days after the date of receipt of a notice of any application for, or receipt of, a covered payment by a covered person (including any business owned and controlled by the covered person), but in no case later than 45 days after the date on which the covered payment is made or promised to be made, the covered person shall submit to the applicable supervising ethics office a report describing the covered payment. (3) Fine for failure to report \nNotwithstanding section 13106(d), a covered person shall be assessed a fine, pursuant to regulations issued by the applicable supervising ethics office, of $5000 in each case in which the covered person fails to file a report required under this subsection.. (b) Report contents \nSection 13104 of title 5, United States Code, is amended by adding at the end the following: (j) Payments from Federal Government \nEach report filed pursuant to subsection (i) of section 13103 shall include— (1) an identification of each type of payment or item of value applied for, or received, from the Federal Government; (2) (A) the name of each recipient of each payment or item of value identified under paragraph (1); and (B) the relationship of each recipient named under subparagraph (A) to the person filing the report; (3) a description of the date on which, as applicable— (A) an application for a payment or other item of value was submitted to the Federal Government; and (B) the payment or item of value was received from the Federal Government; and (4) a description of the amount of each applicable payment or item of value.. (c) Technical and conforming amendments \n(1) Persons required to file \nSection 13103(f) of title 5, United States Code, is amended— (A) in paragraph (9), by striking as defined in section 13101 of this title ; (B) in paragraph (10), by striking as defined in section 13101 of this title ; (C) in paragraph (11), by striking as defined in section 13101 of this title ; and (D) in paragraph (12), by striking as defined in section 13101 of this title. (2) Contents of reports \nSection 13104(a) of title 5, United States Code, is amended in the matter preceding paragraph (1), by striking section 13103(d) and (e) and inserting subsection (d) or (e) of section 13103. (d) Effective date \nThe amendments made by this section shall apply to relevant applications submitted to, and payments made or promised to be made by, the Federal Government on or after the date that is 90 days after the date of enactment of this Act.", "id": "H608D465BCD744C958328D99382418368", "header": "Reporting of applications for, or receipt of, payments from Federal Government", "nested": [ { "text": "(a) In general \nSection 13103 of title 5, United States Code, is amended by adding at the end the following: (i) Reporting of applications for, or receipt of, payments from Federal Government \n(1) Definitions \nIn this subsection: (A) Covered payment \n(i) In general \nThe term covered payment means a payment of money or any other item of value made, or promised to be made, by the Federal Government. (ii) Inclusions \nThe term covered payment includes— (I) a loan agreement, contract, or grant made, or promised to be made, by the Federal Government; and (II) such other types of payment of money or items of value as the Secretary of the Treasury, in consultation with the Director of the Office of Government Ethics, may establish, by regulation. (iii) Exclusions \nThe term covered payment does not include— (I) any salary or compensation for service performed as, or reimbursement of personal outlay by, an officer or employee of the Federal Government; or (II) any tax refund (including a refundable tax credit). (B) Covered person \nThe term covered person means— (i) an individual described in any of paragraphs (1) through (13) of section 13105(l); or (ii) a spouse or dependent child of an individual described in clause (i). (C) Dependent child \nThe term dependent child means, with respect to any individual described in subparagraph (B)(i), any individual who is— (i) under the age of 19; and (ii) a dependent of the individual described in subparagraph (B)(i) within the meaning of section 152 of the Internal Revenue Code of 1986. (2) Reporting requirement \nNot later than 30 days after the date of receipt of a notice of any application for, or receipt of, a covered payment by a covered person (including any business owned and controlled by the covered person), but in no case later than 45 days after the date on which the covered payment is made or promised to be made, the covered person shall submit to the applicable supervising ethics office a report describing the covered payment. (3) Fine for failure to report \nNotwithstanding section 13106(d), a covered person shall be assessed a fine, pursuant to regulations issued by the applicable supervising ethics office, of $5000 in each case in which the covered person fails to file a report required under this subsection..", "id": "H0693239993AA48638A4869A9C0AD80DC", "header": "In general", "nested": [], "links": [ { "text": "section 152", "legal-doc": "usc", "parsable-cite": "usc/26/152" } ] }, { "text": "(b) Report contents \nSection 13104 of title 5, United States Code, is amended by adding at the end the following: (j) Payments from Federal Government \nEach report filed pursuant to subsection (i) of section 13103 shall include— (1) an identification of each type of payment or item of value applied for, or received, from the Federal Government; (2) (A) the name of each recipient of each payment or item of value identified under paragraph (1); and (B) the relationship of each recipient named under subparagraph (A) to the person filing the report; (3) a description of the date on which, as applicable— (A) an application for a payment or other item of value was submitted to the Federal Government; and (B) the payment or item of value was received from the Federal Government; and (4) a description of the amount of each applicable payment or item of value..", "id": "HB92E4493EDE7432EB8393E2B63678384", "header": "Report contents", "nested": [], "links": [] }, { "text": "(c) Technical and conforming amendments \n(1) Persons required to file \nSection 13103(f) of title 5, United States Code, is amended— (A) in paragraph (9), by striking as defined in section 13101 of this title ; (B) in paragraph (10), by striking as defined in section 13101 of this title ; (C) in paragraph (11), by striking as defined in section 13101 of this title ; and (D) in paragraph (12), by striking as defined in section 13101 of this title. (2) Contents of reports \nSection 13104(a) of title 5, United States Code, is amended in the matter preceding paragraph (1), by striking section 13103(d) and (e) and inserting subsection (d) or (e) of section 13103.", "id": "H04F7F4C8E4E54694B9B8C474999323FC", "header": "Technical and conforming amendments", "nested": [], "links": [] }, { "text": "(d) Effective date \nThe amendments made by this section shall apply to relevant applications submitted to, and payments made or promised to be made by, the Federal Government on or after the date that is 90 days after the date of enactment of this Act.", "id": "H4298F17E181344B4B32574CAB9943178", "header": "Effective date", "nested": [], "links": [] } ], "links": [ { "text": "section 152", "legal-doc": "usc", "parsable-cite": "usc/26/152" } ] }, { "text": "3. Inclusion of Federal Reserve officials \n(a) In general \nNotwithstanding any other provision of law, each provision of law described in subsection (b) shall apply to a president, vice president, or director of a Federal Reserve bank. (b) Description of provisions of law \nThe provisions of law referred to in subsection (a) are— (1) subchapter I of chapter 131 of title 5, United States Code; (2) the STOCK Act ( Public Law 112–105 ; 126 Stat. 291; 126 Stat. 1310; 127 Stat. 438; 132 Stat. 4167); and (3) subsections (h) and (i) of section 21A of the Securities Exchange Act of 1934 ( 15 U.S.C. 78u–1 ). (c) Supervising ethics office \nFor purposes of this section and the provisions of law described in subsection (b), the supervising ethics office for a president of a Federal Reserve bank, vice president of a Federal Reserve bank, or director of a Federal Reserve bank shall be the Inspector General of the Board of Governors of the Federal Reserve System and the Bureau of Consumer Financial Protection.", "id": "H7A7A07987A9D4948A8AE8EA807052C97", "header": "Inclusion of Federal Reserve officials", "nested": [ { "text": "(a) In general \nNotwithstanding any other provision of law, each provision of law described in subsection (b) shall apply to a president, vice president, or director of a Federal Reserve bank.", "id": "HF1670707E059471EB1C211D862612BC5", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Description of provisions of law \nThe provisions of law referred to in subsection (a) are— (1) subchapter I of chapter 131 of title 5, United States Code; (2) the STOCK Act ( Public Law 112–105 ; 126 Stat. 291; 126 Stat. 1310; 127 Stat. 438; 132 Stat. 4167); and (3) subsections (h) and (i) of section 21A of the Securities Exchange Act of 1934 ( 15 U.S.C. 78u–1 ).", "id": "H5936307DBBA74A419AB488E05D3B0B01", "header": "Description of provisions of law", "nested": [], "links": [ { "text": "chapter 131", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/5/131" }, { "text": "Public Law 112–105", "legal-doc": "public-law", "parsable-cite": "pl/112/105" }, { "text": "15 U.S.C. 78u–1", "legal-doc": "usc", "parsable-cite": "usc/15/78u-1" } ] }, { "text": "(c) Supervising ethics office \nFor purposes of this section and the provisions of law described in subsection (b), the supervising ethics office for a president of a Federal Reserve bank, vice president of a Federal Reserve bank, or director of a Federal Reserve bank shall be the Inspector General of the Board of Governors of the Federal Reserve System and the Bureau of Consumer Financial Protection.", "id": "H4CAC156307594B4195038FA274F61970", "header": "Supervising ethics office", "nested": [], "links": [] } ], "links": [ { "text": "chapter 131", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/5/131" }, { "text": "Public Law 112–105", "legal-doc": "public-law", "parsable-cite": "pl/112/105" }, { "text": "15 U.S.C. 78u–1", "legal-doc": "usc", "parsable-cite": "usc/15/78u-1" } ] }, { "text": "4. Penalty for noncompliance \n(a) In general \nSection 13106(a)(2)(B)(II) of title 5, United States Code, is amended by striking fined under title 18 and inserting fined $1000 in each case in which the individual fails to file a transaction report required under this Act. (b) Rules, regulations, guidance, and documents \nNot later than 1 year after the date of enactment of this Act, each supervising ethics office (as defined in section 2 of the STOCK Act ( 5 U.S.C. 13101 note))(including the Administrative Office of the United States Courts, as applicable) shall amend the rules, regulations, guidance, documents, papers, and other records of the supervising ethics office in accordance with the amendment made by this section.", "id": "HE24B7622382D4EB08C076E25CEB0573A", "header": "Penalty for noncompliance", "nested": [ { "text": "(a) In general \nSection 13106(a)(2)(B)(II) of title 5, United States Code, is amended by striking fined under title 18 and inserting fined $1000 in each case in which the individual fails to file a transaction report required under this Act.", "id": "HBCF1F481DDFB4D43BB0FCCAFFC7C3E0F", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Rules, regulations, guidance, and documents \nNot later than 1 year after the date of enactment of this Act, each supervising ethics office (as defined in section 2 of the STOCK Act ( 5 U.S.C. 13101 note))(including the Administrative Office of the United States Courts, as applicable) shall amend the rules, regulations, guidance, documents, papers, and other records of the supervising ethics office in accordance with the amendment made by this section.", "id": "H29CD23DC73A345BC8B37463F2907E747", "header": "Rules, regulations, guidance, and documents", "nested": [], "links": [ { "text": "5 U.S.C. 13101", "legal-doc": "usc", "parsable-cite": "usc/5/13101" } ] } ], "links": [ { "text": "5 U.S.C. 13101", "legal-doc": "usc", "parsable-cite": "usc/5/13101" } ] }, { "text": "5. Banning conflicted interests \n(a) In general \n(1) Banning conflicted interests \nChapter 131 of title 5, United States Code, is amended by adding at the end the following: IV Banning conflicted interests \n13161. Definitions \nIn this subchapter: (1) Commodity \nThe term commodity has the meaning given the term in section 1a of the Commodity Exchange Act ( 7 U.S.C. 1a ). (2) Covered financial interest \n(A) In general \nThe term covered financial interest means— (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 future; (III) a commodity (as defined in section 1a of the Commodity Exchange Act ( 7 U.S.C. 1a )); or (IV) cryptocurrency, such as a coin or token— (aa) received in connection with an initial coin offering; or (bb) issued or distributed using distributed ledger or blockchain technology; and (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 \nThe term covered financial interest does not include— (i) an investment fund registered as an investment company under section 3 of the Investment Company Act of 1940 ( 15 U.S.C. 80a–3 ) that is diversified as defined in section 2640.102 of title 5, Code of Federal Regulations; (ii) compensation from the primary occupation of the spouse of an individual described in subparagraphs (A) through (G) of paragraph (3), or any security that is issued or paid by an operating business that is the primary employer of such a spouse that is issued or paid to such a spouse; or (iii) a United States Treasury bill, note, or bond. (3) Covered individual \nThe term covered individual means— (A) a Member of Congress (as defined in section 13101); (B) the President; (C) the Vice President; (D) the Chief Justice of the United States; (E) an Associate Justice of the Supreme Court; (F) a member of the Board of Governors of the Federal Reserve System; (G) a president or vice president of a Federal Reserve bank; or (H) the spouse or dependent child of an individual described in subparagraphs (A) through (G). (4) Dependent child \nThe term dependent child means any individual who is— (A) under the age of 19; and (B) a dependent of an individual described in subparagraphs (A) through (G) of paragraph (3) within the meaning of section 152 of the Internal Revenue Code of 1986. (5) Future \nThe term future means— (A) a security future (as defined in section 3(a) of Securities Exchange Act of 1934 ( 15 U.S.C. 78c(a) )); and (B) any other contract for the sale of a commodity for future delivery. (6) Supervising ethics office \nThe term supervising ethics office , with respect to a covered individual, has the meaning given the term in section 13101 with respect to that covered individual. 13162. Prohibitions \n(a) Transactions \nExcept as provided in section 13163, no covered individual may— (1) hold, purchase, sell, or conduct any type of transaction with respect to a covered financial interest; or (2) enter into a transaction that creates a net short position in any security. (b) Positions \nA covered individual may not serve as an officer or member of any board of any for-profit association, corporation, or other entity. (c) Cooling-Off period \nAny individual subject to the restrictions contained in subsection (a) who, within 180 days after such individual ceases to be a covered individual, engages in any of the actions under such subsection, shall be in violation of this subchapter. 13163. Divestiture \n(a) Covered financial interests acquired prior to Federal service or enactment of STOCK ACT 2.0 \nWith respect to any covered financial interest held by a covered individual, the covered individual shall sell the covered financial interest during the applicable 120-day period beginning on the later of— (1) the date on which an individual becomes a covered individual; and (2) the date of enactment of STOCK Act 2.0. (b) Covered financial interests acquired through inheritance after the applicable period \n(1) In general \nA covered individual who inherits a covered financial interest after the conclusion of the applicable 120-day period described in subsection (a) shall sell the covered financial interest during the 120-day period beginning on the date on which the covered financial interest is inherited. (2) Extensions \nA covered individual may request, and the supervising ethics office may grant, 1 or more reasonable extensions of the period described under paragraph (1), subject to the conditions that— (A) the total period of time covered by all extensions granted for the covered financial interest shall not exceed 150 days; and (B) the period covered by a single extension shall be not longer than 45 days. 13164. Certificate of compliance \nEach covered individual shall submit to the supervising ethics office a written certification that such covered individual has achieved compliance with the requirements of this subchapter. 13165. Publication \nEach supervising ethics office shall make publicly available on a website of such office the following: (1) Within 30 days of receipt, each request for an extension under section 13163(b)(2). (2) The outcome of the decision to grant or deny each such request within 30 days of such decision. 13166. Enforcement \nA covered individual who knowingly fails to comply with this subchapter shall be assessed a fine by the supervising ethics office of not less than 10 percent of the value of the covered financial interest that was purchased, sold, or held, or the security in which a net short position was created, in violation of this title, as applicable. 13167. Applicability \nThis subchapter applies to a covered financial interest held in any trust with respect to which the covered individual is a beneficial owner, regardless of whether the trust is a qualified blind trust.. (2) Clerical amendment \nThe table of sections for chapter 131 of title 5, United States Code, is amended by adding at the end the following: Subchapter IV—Banning Conflicted Interests Sec. 13161. Definitions. Sec. 13162. Prohibitions. Sec. 13163. Divestiture. Sec. 13164. Certificate of compliance. Sec. 13165. Publication. Sec. 13166. Enforcement. Sec. 13167. Applicability.. (b) Certificate of divestiture \nSubparagraph (B) of section 1043(b)(2) of title 26, United States Code, is amended to read as follows: (B) that has been issued by— (i) the President or the Director of the Office of Government Ethics, in the case of executive branch officers or employees or the spouse or dependent child of a member of the Board of Governors of the Federal Reserve System, (ii) the Director of the Office of Government Ethics, in the case of the President, Vice President, or the spouse or dependent child of the President or Vice President, (iii) the Judicial Conference of the United States (or its designee), in the case of judicial officers or the spouse or dependent child of the Chief Justice or the Associate Justice, (iv) the applicable congressional ethics committee, in the case of Members of Congress or the spouse or dependent child of a Member of Congress, or (v) the Inspector General of the Board of Governors of the Federal Reserve System and the Bureau of Consumer Financial Protection, in the case of a president of a Federal Reserve bank, vice president of a Federal Reserve bank, or the spouse or dependent child of the president or vice president of a Federal Reserve Bank, and. (c) Conforming amendments \n(1) Authority and functions \nSection 13122(f)(2)(B) of title 5, United States Code, is amended— (A) by striking Subject to clause (iv) of this subparagraph, before each place it appears and inserting Before ; and (B) by striking clause (iv). (2) Lobbying Disclosure Act of 1995 \nSection 3(4)(D) of the Lobbying Disclosure Act of 1995 ( 2 U.S.C. 1602(4)(D) ) is amended by striking legislative branch employee serving in a position described under section 13101(13) of title 5, United States Code and inserting officer or employee of Congress (as defined in section 13101 of title 5, United States Code). (3) STOCK Act \nSection 2 of the STOCK Act ( 5 U.S.C. 13101 note) is amended— (A) in paragraph (2)(B), by striking (11) ; (B) in paragraph (4), by striking (10) ; (C) in paragraph (5), by striking (9) ; and (D) in paragraph (6), by striking (18). (4) Securities Exchange Act of 1934 \nSection 21A of the Securities Exchange Act of 1934 ( 15 U.S.C. 78u–1 ) is amended— (A) in subsection (g)(2)(B)(ii), by striking (11) ; and (B) in subsection (h)(2)— (i) in subparagraph (B), by striking (9) ; and (ii) in subparagraph (C), by striking (10).", "id": "H46999C8AC1DA41B3B8A0A905EC688113", "header": "Banning conflicted interests", "nested": [ { "text": "(a) In general \n(1) Banning conflicted interests \nChapter 131 of title 5, United States Code, is amended by adding at the end the following: IV Banning conflicted interests \n13161. Definitions \nIn this subchapter: (1) Commodity \nThe term commodity has the meaning given the term in section 1a of the Commodity Exchange Act ( 7 U.S.C. 1a ). (2) Covered financial interest \n(A) In general \nThe term covered financial interest means— (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 future; (III) a commodity (as defined in section 1a of the Commodity Exchange Act ( 7 U.S.C. 1a )); or (IV) cryptocurrency, such as a coin or token— (aa) received in connection with an initial coin offering; or (bb) issued or distributed using distributed ledger or blockchain technology; and (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 \nThe term covered financial interest does not include— (i) an investment fund registered as an investment company under section 3 of the Investment Company Act of 1940 ( 15 U.S.C. 80a–3 ) that is diversified as defined in section 2640.102 of title 5, Code of Federal Regulations; (ii) compensation from the primary occupation of the spouse of an individual described in subparagraphs (A) through (G) of paragraph (3), or any security that is issued or paid by an operating business that is the primary employer of such a spouse that is issued or paid to such a spouse; or (iii) a United States Treasury bill, note, or bond. (3) Covered individual \nThe term covered individual means— (A) a Member of Congress (as defined in section 13101); (B) the President; (C) the Vice President; (D) the Chief Justice of the United States; (E) an Associate Justice of the Supreme Court; (F) a member of the Board of Governors of the Federal Reserve System; (G) a president or vice president of a Federal Reserve bank; or (H) the spouse or dependent child of an individual described in subparagraphs (A) through (G). (4) Dependent child \nThe term dependent child means any individual who is— (A) under the age of 19; and (B) a dependent of an individual described in subparagraphs (A) through (G) of paragraph (3) within the meaning of section 152 of the Internal Revenue Code of 1986. (5) Future \nThe term future means— (A) a security future (as defined in section 3(a) of Securities Exchange Act of 1934 ( 15 U.S.C. 78c(a) )); and (B) any other contract for the sale of a commodity for future delivery. (6) Supervising ethics office \nThe term supervising ethics office , with respect to a covered individual, has the meaning given the term in section 13101 with respect to that covered individual. 13162. Prohibitions \n(a) Transactions \nExcept as provided in section 13163, no covered individual may— (1) hold, purchase, sell, or conduct any type of transaction with respect to a covered financial interest; or (2) enter into a transaction that creates a net short position in any security. (b) Positions \nA covered individual may not serve as an officer or member of any board of any for-profit association, corporation, or other entity. (c) Cooling-Off period \nAny individual subject to the restrictions contained in subsection (a) who, within 180 days after such individual ceases to be a covered individual, engages in any of the actions under such subsection, shall be in violation of this subchapter. 13163. Divestiture \n(a) Covered financial interests acquired prior to Federal service or enactment of STOCK ACT 2.0 \nWith respect to any covered financial interest held by a covered individual, the covered individual shall sell the covered financial interest during the applicable 120-day period beginning on the later of— (1) the date on which an individual becomes a covered individual; and (2) the date of enactment of STOCK Act 2.0. (b) Covered financial interests acquired through inheritance after the applicable period \n(1) In general \nA covered individual who inherits a covered financial interest after the conclusion of the applicable 120-day period described in subsection (a) shall sell the covered financial interest during the 120-day period beginning on the date on which the covered financial interest is inherited. (2) Extensions \nA covered individual may request, and the supervising ethics office may grant, 1 or more reasonable extensions of the period described under paragraph (1), subject to the conditions that— (A) the total period of time covered by all extensions granted for the covered financial interest shall not exceed 150 days; and (B) the period covered by a single extension shall be not longer than 45 days. 13164. Certificate of compliance \nEach covered individual shall submit to the supervising ethics office a written certification that such covered individual has achieved compliance with the requirements of this subchapter. 13165. Publication \nEach supervising ethics office shall make publicly available on a website of such office the following: (1) Within 30 days of receipt, each request for an extension under section 13163(b)(2). (2) The outcome of the decision to grant or deny each such request within 30 days of such decision. 13166. Enforcement \nA covered individual who knowingly fails to comply with this subchapter shall be assessed a fine by the supervising ethics office of not less than 10 percent of the value of the covered financial interest that was purchased, sold, or held, or the security in which a net short position was created, in violation of this title, as applicable. 13167. Applicability \nThis subchapter applies to a covered financial interest held in any trust with respect to which the covered individual is a beneficial owner, regardless of whether the trust is a qualified blind trust.. (2) Clerical amendment \nThe table of sections for chapter 131 of title 5, United States Code, is amended by adding at the end the following: Subchapter IV—Banning Conflicted Interests Sec. 13161. Definitions. Sec. 13162. Prohibitions. Sec. 13163. Divestiture. Sec. 13164. Certificate of compliance. Sec. 13165. Publication. Sec. 13166. Enforcement. Sec. 13167. Applicability..", "id": "H7DD33EA3A2F9456DBA9D1B6AB731F97D", "header": "In general", "nested": [], "links": [ { "text": "Chapter 131", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/5/131" }, { "text": "7 U.S.C. 1a", "legal-doc": "usc", "parsable-cite": "usc/7/1a" }, { "text": "15 U.S.C. 78c(a)", "legal-doc": "usc", "parsable-cite": "usc/15/78c" }, { "text": "7 U.S.C. 1a", "legal-doc": "usc", "parsable-cite": "usc/7/1a" }, { "text": "15 U.S.C. 80a–3", "legal-doc": "usc", "parsable-cite": "usc/15/80a-3" }, { "text": "section 152", "legal-doc": "usc", "parsable-cite": "usc/26/152" }, { "text": "15 U.S.C. 78c(a)", "legal-doc": "usc", "parsable-cite": "usc/15/78c" }, { "text": "chapter 131", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/5/131" } ] }, { "text": "(b) Certificate of divestiture \nSubparagraph (B) of section 1043(b)(2) of title 26, United States Code, is amended to read as follows: (B) that has been issued by— (i) the President or the Director of the Office of Government Ethics, in the case of executive branch officers or employees or the spouse or dependent child of a member of the Board of Governors of the Federal Reserve System, (ii) the Director of the Office of Government Ethics, in the case of the President, Vice President, or the spouse or dependent child of the President or Vice President, (iii) the Judicial Conference of the United States (or its designee), in the case of judicial officers or the spouse or dependent child of the Chief Justice or the Associate Justice, (iv) the applicable congressional ethics committee, in the case of Members of Congress or the spouse or dependent child of a Member of Congress, or (v) the Inspector General of the Board of Governors of the Federal Reserve System and the Bureau of Consumer Financial Protection, in the case of a president of a Federal Reserve bank, vice president of a Federal Reserve bank, or the spouse or dependent child of the president or vice president of a Federal Reserve Bank, and.", "id": "HF93BDE74E3CF478FA960FD86170BCCA9", "header": "Certificate of divestiture", "nested": [], "links": [] }, { "text": "(c) Conforming amendments \n(1) Authority and functions \nSection 13122(f)(2)(B) of title 5, United States Code, is amended— (A) by striking Subject to clause (iv) of this subparagraph, before each place it appears and inserting Before ; and (B) by striking clause (iv). (2) Lobbying Disclosure Act of 1995 \nSection 3(4)(D) of the Lobbying Disclosure Act of 1995 ( 2 U.S.C. 1602(4)(D) ) is amended by striking legislative branch employee serving in a position described under section 13101(13) of title 5, United States Code and inserting officer or employee of Congress (as defined in section 13101 of title 5, United States Code). (3) STOCK Act \nSection 2 of the STOCK Act ( 5 U.S.C. 13101 note) is amended— (A) in paragraph (2)(B), by striking (11) ; (B) in paragraph (4), by striking (10) ; (C) in paragraph (5), by striking (9) ; and (D) in paragraph (6), by striking (18). (4) Securities Exchange Act of 1934 \nSection 21A of the Securities Exchange Act of 1934 ( 15 U.S.C. 78u–1 ) is amended— (A) in subsection (g)(2)(B)(ii), by striking (11) ; and (B) in subsection (h)(2)— (i) in subparagraph (B), by striking (9) ; and (ii) in subparagraph (C), by striking (10).", "id": "H83C3E28E433641C4AA23C7BC816EE308", "header": "Conforming amendments", "nested": [], "links": [ { "text": "2 U.S.C. 1602(4)(D)", "legal-doc": "usc", "parsable-cite": "usc/2/1602" }, { "text": "5 U.S.C. 13101", "legal-doc": "usc", "parsable-cite": "usc/5/13101" }, { "text": "15 U.S.C. 78u–1", "legal-doc": "usc", "parsable-cite": "usc/15/78u-1" } ] } ], "links": [ { "text": "Chapter 131", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/5/131" }, { "text": "7 U.S.C. 1a", "legal-doc": "usc", "parsable-cite": "usc/7/1a" }, { "text": "15 U.S.C. 78c(a)", "legal-doc": "usc", "parsable-cite": "usc/15/78c" }, { "text": "7 U.S.C. 1a", "legal-doc": "usc", "parsable-cite": "usc/7/1a" }, { "text": "15 U.S.C. 80a–3", "legal-doc": "usc", "parsable-cite": "usc/15/80a-3" }, { "text": "section 152", "legal-doc": "usc", "parsable-cite": "usc/26/152" }, { "text": "15 U.S.C. 78c(a)", "legal-doc": "usc", "parsable-cite": "usc/15/78c" }, { "text": "chapter 131", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/5/131" }, { "text": "2 U.S.C. 1602(4)(D)", "legal-doc": "usc", "parsable-cite": "usc/2/1602" }, { "text": "5 U.S.C. 13101", "legal-doc": "usc", "parsable-cite": "usc/5/13101" }, { "text": "15 U.S.C. 78u–1", "legal-doc": "usc", "parsable-cite": "usc/15/78u-1" } ] }, { "text": "13161. Definitions \nIn this subchapter: (1) Commodity \nThe term commodity has the meaning given the term in section 1a of the Commodity Exchange Act ( 7 U.S.C. 1a ). (2) Covered financial interest \n(A) In general \nThe term covered financial interest means— (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 future; (III) a commodity (as defined in section 1a of the Commodity Exchange Act ( 7 U.S.C. 1a )); or (IV) cryptocurrency, such as a coin or token— (aa) received in connection with an initial coin offering; or (bb) issued or distributed using distributed ledger or blockchain technology; and (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 \nThe term covered financial interest does not include— (i) an investment fund registered as an investment company under section 3 of the Investment Company Act of 1940 ( 15 U.S.C. 80a–3 ) that is diversified as defined in section 2640.102 of title 5, Code of Federal Regulations; (ii) compensation from the primary occupation of the spouse of an individual described in subparagraphs (A) through (G) of paragraph (3), or any security that is issued or paid by an operating business that is the primary employer of such a spouse that is issued or paid to such a spouse; or (iii) a United States Treasury bill, note, or bond. (3) Covered individual \nThe term covered individual means— (A) a Member of Congress (as defined in section 13101); (B) the President; (C) the Vice President; (D) the Chief Justice of the United States; (E) an Associate Justice of the Supreme Court; (F) a member of the Board of Governors of the Federal Reserve System; (G) a president or vice president of a Federal Reserve bank; or (H) the spouse or dependent child of an individual described in subparagraphs (A) through (G). (4) Dependent child \nThe term dependent child means any individual who is— (A) under the age of 19; and (B) a dependent of an individual described in subparagraphs (A) through (G) of paragraph (3) within the meaning of section 152 of the Internal Revenue Code of 1986. (5) Future \nThe term future means— (A) a security future (as defined in section 3(a) of Securities Exchange Act of 1934 ( 15 U.S.C. 78c(a) )); and (B) any other contract for the sale of a commodity for future delivery. (6) Supervising ethics office \nThe term supervising ethics office , with respect to a covered individual, has the meaning given the term in section 13101 with respect to that covered individual.", "id": "HF8E1D4B8AEFB43308DEE53D1D4A7E403", "header": "Definitions", "nested": [], "links": [ { "text": "7 U.S.C. 1a", "legal-doc": "usc", "parsable-cite": "usc/7/1a" }, { "text": "15 U.S.C. 78c(a)", "legal-doc": "usc", "parsable-cite": "usc/15/78c" }, { "text": "7 U.S.C. 1a", "legal-doc": "usc", "parsable-cite": "usc/7/1a" }, { "text": "15 U.S.C. 80a–3", "legal-doc": "usc", "parsable-cite": "usc/15/80a-3" }, { "text": "section 152", "legal-doc": "usc", "parsable-cite": "usc/26/152" }, { "text": "15 U.S.C. 78c(a)", "legal-doc": "usc", "parsable-cite": "usc/15/78c" } ] }, { "text": "13162. Prohibitions \n(a) Transactions \nExcept as provided in section 13163, no covered individual may— (1) hold, purchase, sell, or conduct any type of transaction with respect to a covered financial interest; or (2) enter into a transaction that creates a net short position in any security. (b) Positions \nA covered individual may not serve as an officer or member of any board of any for-profit association, corporation, or other entity. (c) Cooling-Off period \nAny individual subject to the restrictions contained in subsection (a) who, within 180 days after such individual ceases to be a covered individual, engages in any of the actions under such subsection, shall be in violation of this subchapter.", "id": "HD22858EE0235415C8BBF1B800AE7AD03", "header": "Prohibitions", "nested": [ { "text": "(a) Transactions \nExcept as provided in section 13163, no covered individual may— (1) hold, purchase, sell, or conduct any type of transaction with respect to a covered financial interest; or (2) enter into a transaction that creates a net short position in any security.", "id": "HEB73ECE8FFE64DD8A67C6016FE061361", "header": "Transactions", "nested": [], "links": [] }, { "text": "(b) Positions \nA covered individual may not serve as an officer or member of any board of any for-profit association, corporation, or other entity.", "id": "HA5EB9EBC723D4E8388070570E5B5A029", "header": "Positions", "nested": [], "links": [] }, { "text": "(c) Cooling-Off period \nAny individual subject to the restrictions contained in subsection (a) who, within 180 days after such individual ceases to be a covered individual, engages in any of the actions under such subsection, shall be in violation of this subchapter.", "id": "HB8B98F93B75F4385884BC2DDC1FEE774", "header": "Cooling-Off period", "nested": [], "links": [] } ], "links": [] }, { "text": "13163. Divestiture \n(a) Covered financial interests acquired prior to Federal service or enactment of STOCK ACT 2.0 \nWith respect to any covered financial interest held by a covered individual, the covered individual shall sell the covered financial interest during the applicable 120-day period beginning on the later of— (1) the date on which an individual becomes a covered individual; and (2) the date of enactment of STOCK Act 2.0. (b) Covered financial interests acquired through inheritance after the applicable period \n(1) In general \nA covered individual who inherits a covered financial interest after the conclusion of the applicable 120-day period described in subsection (a) shall sell the covered financial interest during the 120-day period beginning on the date on which the covered financial interest is inherited. (2) Extensions \nA covered individual may request, and the supervising ethics office may grant, 1 or more reasonable extensions of the period described under paragraph (1), subject to the conditions that— (A) the total period of time covered by all extensions granted for the covered financial interest shall not exceed 150 days; and (B) the period covered by a single extension shall be not longer than 45 days.", "id": "H1C13E34289E74B6B914ABAC7C4335171", "header": "Divestiture", "nested": [ { "text": "(a) Covered financial interests acquired prior to Federal service or enactment of STOCK ACT 2.0 \nWith respect to any covered financial interest held by a covered individual, the covered individual shall sell the covered financial interest during the applicable 120-day period beginning on the later of— (1) the date on which an individual becomes a covered individual; and (2) the date of enactment of STOCK Act 2.0.", "id": "H413428EC1EF347E6B126F450352A4A7D", "header": "Covered financial interests acquired prior to Federal service or enactment of STOCK ACT 2.0", "nested": [], "links": [] }, { "text": "(b) Covered financial interests acquired through inheritance after the applicable period \n(1) In general \nA covered individual who inherits a covered financial interest after the conclusion of the applicable 120-day period described in subsection (a) shall sell the covered financial interest during the 120-day period beginning on the date on which the covered financial interest is inherited. (2) Extensions \nA covered individual may request, and the supervising ethics office may grant, 1 or more reasonable extensions of the period described under paragraph (1), subject to the conditions that— (A) the total period of time covered by all extensions granted for the covered financial interest shall not exceed 150 days; and (B) the period covered by a single extension shall be not longer than 45 days.", "id": "HDED33ACD39DC4BDEAEB5BF59EF22E0BF", "header": "Covered financial interests acquired through inheritance after the applicable period", "nested": [], "links": [] } ], "links": [] }, { "text": "13164. Certificate of compliance \nEach covered individual shall submit to the supervising ethics office a written certification that such covered individual has achieved compliance with the requirements of this subchapter.", "id": "H7F4D6EA44FCE4247A329EAEC688A8DDD", "header": "Certificate of compliance", "nested": [], "links": [] }, { "text": "13165. Publication \nEach supervising ethics office shall make publicly available on a website of such office the following: (1) Within 30 days of receipt, each request for an extension under section 13163(b)(2). (2) The outcome of the decision to grant or deny each such request within 30 days of such decision.", "id": "H57977D5BABA545D28791B92F3BCD64BA", "header": "Publication", "nested": [], "links": [] }, { "text": "13166. Enforcement \nA covered individual who knowingly fails to comply with this subchapter shall be assessed a fine by the supervising ethics office of not less than 10 percent of the value of the covered financial interest that was purchased, sold, or held, or the security in which a net short position was created, in violation of this title, as applicable.", "id": "H6034B973132B4A509186FD75A52A84F1", "header": "Enforcement", "nested": [], "links": [] }, { "text": "13167. Applicability \nThis subchapter applies to a covered financial interest held in any trust with respect to which the covered individual is a beneficial owner, regardless of whether the trust is a qualified blind trust.", "id": "H3CF90F5A51364F828C70EA6561486A4A", "header": "Applicability", "nested": [], "links": [] }, { "text": "6. Electronic filing and online public availability of financial disclosure forms \n(a) Members of Congress and congressional staff \nSection 8(b)(1) of the STOCK Act ( 5 U.S.C. 13107 note) is amended— (1) in the matter preceding subparagraph (A), by inserting , pursuant to chapter 131 of title 5, United States Code, through the applicable database maintained on the official website of the Senate or House of Representatives after enable ; (2) in subparagraph (A), by striking reports received by them pursuant to section 13105(h)(1)(A) of title 5, United States Code, and and inserting each report received under section 13105(h)(1)(A) of title 5, United States Code; and ; and (3) by striking subparagraph (B) and the undesignated matter following that subparagraph and inserting the following: (B) public access— (i) to each— (I) financial disclosure report filed by a Member of Congress or a candidate for Congress; (II) transaction disclosure report filed by a Member of Congress or a candidate for Congress pursuant to section 13105(l) of title 5, United States Code; and (III) notice of extension, amendment, or blind trust, with respect to a report described in subclause (I) or (II), pursuant to chapter 131 of title 5, United States Code; and (ii) in a manner that— (I) allows the public to search, sort, and download data contained in the reports described in subclause (I) or (II) of clause (i) by criteria required to be reported, including by filer name, asset, transaction type, ticker symbol, notification date, amount of transaction, and date of transaction; (II) allows access through an application programming interface; and (III) is fully compliant with— (aa) section 508 of the Rehabilitation Act of 1973 ( 29 U.S.C. 794d ); and (bb) the most recent Web Content Accessibility Guidelines (or successor guidelines).. (b) Very senior executive branch employees \nSection 11(b)(1) of the STOCK Act ( Public Law 112–105 ; 126 Stat. 299) is amended— (1) in the matter preceding subparagraph (A), by inserting , pursuant to chapter 131 of title 5, United States Code, through databases maintained on the official website of the Office of Government Ethics after enable ; and (2) by striking subparagraph (B) and the undesignated matter following that subparagraph and inserting the following: (B) public access— (i) to each— (I) financial disclosure report filed by the President, Vice President, or an officer occupying a position listed in section 5312 or 5313 of title 5, United States Code, having been nominated by the President and confirmed by the Senate to that position; (II) transaction disclosure report filed by an individual described in subclause (I) pursuant to section 13105(l) of title 5, United States Code; and (III) notice of extension, amendment, or blind trust, with respect to a report described in subclause (I) or (II), pursuant to chapter 131 of title 5, United States Code; and (ii) in a manner that— (I) allows the public to search, sort, and download data contained in the reports described in subclause (I) or (II) of clause (i) by criteria required to be reported, including by filer name, asset, transaction type, ticker symbol, notification date, amount of transaction, and date of transaction; (II) allows access through an application programming interface; and (III) is fully compliant with— (aa) section 508 of the Rehabilitation Act of 1973 ( 29 U.S.C. 794d ); and (bb) the most recent Web Content Accessibility Guidelines (or successor guidelines).. (c) Judicial officers \nSection 9 of the STOCK Act ( Public Law 112–105 ; 126 Stat. 297) is amended by adding at the end the following: (c) Judicial officers \n(1) In general \nSubject to paragraph (6), not later than 1 year after the date of enactment of this subsection, the Administrative Office of the United States Courts shall develop a system to enable, pursuant to chapter 131 of title 5, United States Code, through a database maintained on the official website of the Administrative Office of the United States Courts— (A) electronic filing of reports received from judicial officers pursuant to that chapter; and (B) public access— (i) to each— (I) financial disclosure report filed by a judicial officer; (II) transaction disclosure report filed by a judicial officer pursuant to section 13105(l) of title 5, United States Code; and (III) notice of extension, amendment, or blind trust, with respect to a report described in subclause (I) or (II), pursuant to chapter 131 of title 5, United States Code; and (ii) in a manner that— (I) allows the public to search, sort, and download data contained in a report described in clause (i) by criteria required to be reported, including by filer name, asset, transaction type, ticker symbol, notification date, amount of transaction, and date of transaction; (II) allows access through an application programming interface; and (III) is fully compliant with— (aa) section 508 of the Rehabilitation Act of 1973 ( 29 U.S.C. 794d ); and (bb) the most recent Web Content Accessibility Guidelines (or successor guidelines). (2) Login \nFor purposes of filings under paragraph (1)(B), section 13107(b)(2) of title 5, United States Code, shall not apply. (3) Public availability \nThe electronic availability of filings under paragraph (1)(B) on the official website of the Administrative Office of the United States Courts shall be deemed to meet the public availability requirement under section 13107(b)(1) of title 5, United States Code. (4) Filers covered \nEach judicial officer who is required under chapter 131 of title 5, United States Code, to file a financial disclosure report with a supervising ethics office shall be able to file that report electronically using the applicable system developed under this subsection. (5) Extensions \nEach notice of an extension for a financial disclosure covered by this subsection shall be made available electronically under paragraph (1)(B), together with any related disclosure. (6) Additional time \nThe requirements of this subsection may be implemented after the date described in paragraph (1) if the Administrative Office of the United States Courts identifies in writing to the relevant congressional committees the additional time needed for that implementation.. (d) Officers of Federal Reserve banks \nSection 9 of the STOCK Act ( Public Law 112–105 ; 126 Stat. 297) (as amended by subsection (c)) is amended by adding at the end the following: (d) Officers of Federal Reserve banks \n(1) Definitions \nIn this subsection: (A) Covered person \nThe term covered person means— (i) a president of a Federal Reserve bank; (ii) a vice president of a Federal Reserve bank; (iii) a director of a Federal Reserve bank; or (iv) the spouse or dependent child of an individual described in clause (i), (ii), or (iii). (B) Dependent child \nThe term dependent child means any individual who is— (i) under the age of 19; and (ii) a dependent of an individual described in clause (i), (ii), or (iii) of subparagraph (A) within the meaning of section 152 of the Internal Revenue Code of 1986. (C) Supervising ethics office \nThe term supervising ethics office means the Inspector General of the Board of Governors of the Federal Reserve System and the Bureau of Consumer Financial Protection. (2) Electronic filing and online public availability of financial disclosure forms \n(A) In general \nSubject to subparagraph (F), not later than 1 year after the date of enactment of this subsection, the supervising ethics office shall develop a system to enable, consistent with chapter 131 of title 5, United States Code, through a database maintained on the official website of the supervising ethics office— (i) electronic filing of reports received from covered persons; and (ii) public access— (I) to each— (aa) financial disclosure report filed by a covered person; (bb) transaction disclosure report filed by a covered person; and (cc) notice of extension, amendment, or blind trust, with respect to a report described in item (aa) or (bb); and (II) in a manner that— (aa) allows the public to search, sort, and download data contained in a report described in subclause (I) by criteria required to be reported, including by filer name, asset, transaction type, ticker symbol, notification date, amount of transaction, and date of transaction; (bb) allows access through an application programming interface; and (cc) is fully compliant with— (AA) section 508 of the Rehabilitation Act of 1973 ( 29 U.S.C. 794d ); and (BB) the most recent Web Content Accessibility Guidelines (or successor guidelines). (B) Login \nFor purposes of filings under subparagraph (A)(ii), section 13107(b)(2) of title 5, United States Code, shall not apply. (C) Public availability \nThe electronic availability of filings under subparagraph (A)(ii) on the official website of a supervising ethics office shall be deemed to meet the public availability requirement under section 13107(b)(1) of title 5, United States Code. (D) Filers covered \nThe supervising ethics office shall ensure that each covered person files a financial disclosure report electronically using the applicable system developed under this paragraph. (E) Extensions \nEach notice of an extension for a financial disclosure covered by this paragraph shall be made available electronically under subparagraph (A)(ii), together with any related disclosure. (F) Additional time \nThe requirements of this paragraph may be implemented after the date described in subparagraph (A) if a supervising ethics office identifies in writing to the relevant congressional committees the additional time needed for that implementation.. (e) Applicability \nThe amendments made by this section shall apply on and after the date that is 18 months after the date of enactment of this Act.", "id": "HFD72D117428C4A60B5C94695C7E4742B", "header": "Electronic filing and online public availability of financial disclosure forms", "nested": [ { "text": "(a) Members of Congress and congressional staff \nSection 8(b)(1) of the STOCK Act ( 5 U.S.C. 13107 note) is amended— (1) in the matter preceding subparagraph (A), by inserting , pursuant to chapter 131 of title 5, United States Code, through the applicable database maintained on the official website of the Senate or House of Representatives after enable ; (2) in subparagraph (A), by striking reports received by them pursuant to section 13105(h)(1)(A) of title 5, United States Code, and and inserting each report received under section 13105(h)(1)(A) of title 5, United States Code; and ; and (3) by striking subparagraph (B) and the undesignated matter following that subparagraph and inserting the following: (B) public access— (i) to each— (I) financial disclosure report filed by a Member of Congress or a candidate for Congress; (II) transaction disclosure report filed by a Member of Congress or a candidate for Congress pursuant to section 13105(l) of title 5, United States Code; and (III) notice of extension, amendment, or blind trust, with respect to a report described in subclause (I) or (II), pursuant to chapter 131 of title 5, United States Code; and (ii) in a manner that— (I) allows the public to search, sort, and download data contained in the reports described in subclause (I) or (II) of clause (i) by criteria required to be reported, including by filer name, asset, transaction type, ticker symbol, notification date, amount of transaction, and date of transaction; (II) allows access through an application programming interface; and (III) is fully compliant with— (aa) section 508 of the Rehabilitation Act of 1973 ( 29 U.S.C. 794d ); and (bb) the most recent Web Content Accessibility Guidelines (or successor guidelines)..", "id": "HF641BC3D2DC9403D81A7398EAC6B512D", "header": "Members of Congress and congressional staff", "nested": [], "links": [ { "text": "5 U.S.C. 13107", "legal-doc": "usc", "parsable-cite": "usc/5/13107" }, { "text": "chapter 131", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/5/131" }, { "text": "chapter 131", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/5/131" }, { "text": "29 U.S.C. 794d", "legal-doc": "usc", "parsable-cite": "usc/29/794d" } ] }, { "text": "(b) Very senior executive branch employees \nSection 11(b)(1) of the STOCK Act ( Public Law 112–105 ; 126 Stat. 299) is amended— (1) in the matter preceding subparagraph (A), by inserting , pursuant to chapter 131 of title 5, United States Code, through databases maintained on the official website of the Office of Government Ethics after enable ; and (2) by striking subparagraph (B) and the undesignated matter following that subparagraph and inserting the following: (B) public access— (i) to each— (I) financial disclosure report filed by the President, Vice President, or an officer occupying a position listed in section 5312 or 5313 of title 5, United States Code, having been nominated by the President and confirmed by the Senate to that position; (II) transaction disclosure report filed by an individual described in subclause (I) pursuant to section 13105(l) of title 5, United States Code; and (III) notice of extension, amendment, or blind trust, with respect to a report described in subclause (I) or (II), pursuant to chapter 131 of title 5, United States Code; and (ii) in a manner that— (I) allows the public to search, sort, and download data contained in the reports described in subclause (I) or (II) of clause (i) by criteria required to be reported, including by filer name, asset, transaction type, ticker symbol, notification date, amount of transaction, and date of transaction; (II) allows access through an application programming interface; and (III) is fully compliant with— (aa) section 508 of the Rehabilitation Act of 1973 ( 29 U.S.C. 794d ); and (bb) the most recent Web Content Accessibility Guidelines (or successor guidelines)..", "id": "H10C51814125E49D389F770B7D2B02ADC", "header": "Very senior executive branch employees", "nested": [], "links": [ { "text": "Public Law 112–105", "legal-doc": "public-law", "parsable-cite": "pl/112/105" }, { "text": "chapter 131", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/5/131" }, { "text": "chapter 131", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/5/131" }, { "text": "29 U.S.C. 794d", "legal-doc": "usc", "parsable-cite": "usc/29/794d" } ] }, { "text": "(c) Judicial officers \nSection 9 of the STOCK Act ( Public Law 112–105 ; 126 Stat. 297) is amended by adding at the end the following: (c) Judicial officers \n(1) In general \nSubject to paragraph (6), not later than 1 year after the date of enactment of this subsection, the Administrative Office of the United States Courts shall develop a system to enable, pursuant to chapter 131 of title 5, United States Code, through a database maintained on the official website of the Administrative Office of the United States Courts— (A) electronic filing of reports received from judicial officers pursuant to that chapter; and (B) public access— (i) to each— (I) financial disclosure report filed by a judicial officer; (II) transaction disclosure report filed by a judicial officer pursuant to section 13105(l) of title 5, United States Code; and (III) notice of extension, amendment, or blind trust, with respect to a report described in subclause (I) or (II), pursuant to chapter 131 of title 5, United States Code; and (ii) in a manner that— (I) allows the public to search, sort, and download data contained in a report described in clause (i) by criteria required to be reported, including by filer name, asset, transaction type, ticker symbol, notification date, amount of transaction, and date of transaction; (II) allows access through an application programming interface; and (III) is fully compliant with— (aa) section 508 of the Rehabilitation Act of 1973 ( 29 U.S.C. 794d ); and (bb) the most recent Web Content Accessibility Guidelines (or successor guidelines). (2) Login \nFor purposes of filings under paragraph (1)(B), section 13107(b)(2) of title 5, United States Code, shall not apply. (3) Public availability \nThe electronic availability of filings under paragraph (1)(B) on the official website of the Administrative Office of the United States Courts shall be deemed to meet the public availability requirement under section 13107(b)(1) of title 5, United States Code. (4) Filers covered \nEach judicial officer who is required under chapter 131 of title 5, United States Code, to file a financial disclosure report with a supervising ethics office shall be able to file that report electronically using the applicable system developed under this subsection. (5) Extensions \nEach notice of an extension for a financial disclosure covered by this subsection shall be made available electronically under paragraph (1)(B), together with any related disclosure. (6) Additional time \nThe requirements of this subsection may be implemented after the date described in paragraph (1) if the Administrative Office of the United States Courts identifies in writing to the relevant congressional committees the additional time needed for that implementation..", "id": "H1230E2A8DA3B4876A18BDF4D430261A2", "header": "Judicial officers", "nested": [], "links": [ { "text": "Public Law 112–105", "legal-doc": "public-law", "parsable-cite": "pl/112/105" }, { "text": "chapter 131", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/5/131" }, { "text": "chapter 131", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/5/131" }, { "text": "29 U.S.C. 794d", "legal-doc": "usc", "parsable-cite": "usc/29/794d" }, { "text": "chapter 131", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/5/131" } ] }, { "text": "(d) Officers of Federal Reserve banks \nSection 9 of the STOCK Act ( Public Law 112–105 ; 126 Stat. 297) (as amended by subsection (c)) is amended by adding at the end the following: (d) Officers of Federal Reserve banks \n(1) Definitions \nIn this subsection: (A) Covered person \nThe term covered person means— (i) a president of a Federal Reserve bank; (ii) a vice president of a Federal Reserve bank; (iii) a director of a Federal Reserve bank; or (iv) the spouse or dependent child of an individual described in clause (i), (ii), or (iii). (B) Dependent child \nThe term dependent child means any individual who is— (i) under the age of 19; and (ii) a dependent of an individual described in clause (i), (ii), or (iii) of subparagraph (A) within the meaning of section 152 of the Internal Revenue Code of 1986. (C) Supervising ethics office \nThe term supervising ethics office means the Inspector General of the Board of Governors of the Federal Reserve System and the Bureau of Consumer Financial Protection. (2) Electronic filing and online public availability of financial disclosure forms \n(A) In general \nSubject to subparagraph (F), not later than 1 year after the date of enactment of this subsection, the supervising ethics office shall develop a system to enable, consistent with chapter 131 of title 5, United States Code, through a database maintained on the official website of the supervising ethics office— (i) electronic filing of reports received from covered persons; and (ii) public access— (I) to each— (aa) financial disclosure report filed by a covered person; (bb) transaction disclosure report filed by a covered person; and (cc) notice of extension, amendment, or blind trust, with respect to a report described in item (aa) or (bb); and (II) in a manner that— (aa) allows the public to search, sort, and download data contained in a report described in subclause (I) by criteria required to be reported, including by filer name, asset, transaction type, ticker symbol, notification date, amount of transaction, and date of transaction; (bb) allows access through an application programming interface; and (cc) is fully compliant with— (AA) section 508 of the Rehabilitation Act of 1973 ( 29 U.S.C. 794d ); and (BB) the most recent Web Content Accessibility Guidelines (or successor guidelines). (B) Login \nFor purposes of filings under subparagraph (A)(ii), section 13107(b)(2) of title 5, United States Code, shall not apply. (C) Public availability \nThe electronic availability of filings under subparagraph (A)(ii) on the official website of a supervising ethics office shall be deemed to meet the public availability requirement under section 13107(b)(1) of title 5, United States Code. (D) Filers covered \nThe supervising ethics office shall ensure that each covered person files a financial disclosure report electronically using the applicable system developed under this paragraph. (E) Extensions \nEach notice of an extension for a financial disclosure covered by this paragraph shall be made available electronically under subparagraph (A)(ii), together with any related disclosure. (F) Additional time \nThe requirements of this paragraph may be implemented after the date described in subparagraph (A) if a supervising ethics office identifies in writing to the relevant congressional committees the additional time needed for that implementation..", "id": "HC3D694198F46418CB4CA93510DE12C6C", "header": "Officers of Federal Reserve banks", "nested": [], "links": [ { "text": "Public Law 112–105", "legal-doc": "public-law", "parsable-cite": "pl/112/105" }, { "text": "section 152", "legal-doc": "usc", "parsable-cite": "usc/26/152" }, { "text": "chapter 131", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/5/131" }, { "text": "29 U.S.C. 794d", "legal-doc": "usc", "parsable-cite": "usc/29/794d" } ] }, { "text": "(e) Applicability \nThe amendments made by this section shall apply on and after the date that is 18 months after the date of enactment of this Act.", "id": "H5B1311394B3E411891964536214B14C3", "header": "Applicability", "nested": [], "links": [] } ], "links": [ { "text": "5 U.S.C. 13107", "legal-doc": "usc", "parsable-cite": "usc/5/13107" }, { "text": "chapter 131", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/5/131" }, { "text": "chapter 131", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/5/131" }, { "text": "29 U.S.C. 794d", "legal-doc": "usc", "parsable-cite": "usc/29/794d" }, { "text": "Public Law 112–105", "legal-doc": "public-law", "parsable-cite": "pl/112/105" }, { "text": "chapter 131", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/5/131" }, { "text": "chapter 131", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/5/131" }, { "text": "29 U.S.C. 794d", "legal-doc": "usc", "parsable-cite": "usc/29/794d" }, { "text": "Public Law 112–105", "legal-doc": "public-law", "parsable-cite": "pl/112/105" }, { "text": "chapter 131", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/5/131" }, { "text": "chapter 131", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/5/131" }, { "text": "29 U.S.C. 794d", "legal-doc": "usc", "parsable-cite": "usc/29/794d" }, { "text": "chapter 131", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/5/131" }, { "text": "Public Law 112–105", "legal-doc": "public-law", "parsable-cite": "pl/112/105" }, { "text": "section 152", "legal-doc": "usc", "parsable-cite": "usc/26/152" }, { "text": "chapter 131", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/5/131" }, { "text": "29 U.S.C. 794d", "legal-doc": "usc", "parsable-cite": "usc/29/794d" } ] } ]
13
1. Short title This Act may be cited as the STOCK Act 2.0. 2. Reporting of applications for, or receipt of, payments from Federal Government (a) In general Section 13103 of title 5, United States Code, is amended by adding at the end the following: (i) Reporting of applications for, or receipt of, payments from Federal Government (1) Definitions In this subsection: (A) Covered payment (i) In general The term covered payment means a payment of money or any other item of value made, or promised to be made, by the Federal Government. (ii) Inclusions The term covered payment includes— (I) a loan agreement, contract, or grant made, or promised to be made, by the Federal Government; and (II) such other types of payment of money or items of value as the Secretary of the Treasury, in consultation with the Director of the Office of Government Ethics, may establish, by regulation. (iii) Exclusions The term covered payment does not include— (I) any salary or compensation for service performed as, or reimbursement of personal outlay by, an officer or employee of the Federal Government; or (II) any tax refund (including a refundable tax credit). (B) Covered person The term covered person means— (i) an individual described in any of paragraphs (1) through (13) of section 13105(l); or (ii) a spouse or dependent child of an individual described in clause (i). (C) Dependent child The term dependent child means, with respect to any individual described in subparagraph (B)(i), any individual who is— (i) under the age of 19; and (ii) a dependent of the individual described in subparagraph (B)(i) within the meaning of section 152 of the Internal Revenue Code of 1986. (2) Reporting requirement Not later than 30 days after the date of receipt of a notice of any application for, or receipt of, a covered payment by a covered person (including any business owned and controlled by the covered person), but in no case later than 45 days after the date on which the covered payment is made or promised to be made, the covered person shall submit to the applicable supervising ethics office a report describing the covered payment. (3) Fine for failure to report Notwithstanding section 13106(d), a covered person shall be assessed a fine, pursuant to regulations issued by the applicable supervising ethics office, of $5000 in each case in which the covered person fails to file a report required under this subsection.. (b) Report contents Section 13104 of title 5, United States Code, is amended by adding at the end the following: (j) Payments from Federal Government Each report filed pursuant to subsection (i) of section 13103 shall include— (1) an identification of each type of payment or item of value applied for, or received, from the Federal Government; (2) (A) the name of each recipient of each payment or item of value identified under paragraph (1); and (B) the relationship of each recipient named under subparagraph (A) to the person filing the report; (3) a description of the date on which, as applicable— (A) an application for a payment or other item of value was submitted to the Federal Government; and (B) the payment or item of value was received from the Federal Government; and (4) a description of the amount of each applicable payment or item of value.. (c) Technical and conforming amendments (1) Persons required to file Section 13103(f) of title 5, United States Code, is amended— (A) in paragraph (9), by striking as defined in section 13101 of this title ; (B) in paragraph (10), by striking as defined in section 13101 of this title ; (C) in paragraph (11), by striking as defined in section 13101 of this title ; and (D) in paragraph (12), by striking as defined in section 13101 of this title. (2) Contents of reports Section 13104(a) of title 5, United States Code, is amended in the matter preceding paragraph (1), by striking section 13103(d) and (e) and inserting subsection (d) or (e) of section 13103. (d) Effective date The amendments made by this section shall apply to relevant applications submitted to, and payments made or promised to be made by, the Federal Government on or after the date that is 90 days after the date of enactment of this Act. 3. Inclusion of Federal Reserve officials (a) In general Notwithstanding any other provision of law, each provision of law described in subsection (b) shall apply to a president, vice president, or director of a Federal Reserve bank. (b) Description of provisions of law The provisions of law referred to in subsection (a) are— (1) subchapter I of chapter 131 of title 5, United States Code; (2) the STOCK Act ( Public Law 112–105 ; 126 Stat. 291; 126 Stat. 1310; 127 Stat. 438; 132 Stat. 4167); and (3) subsections (h) and (i) of section 21A of the Securities Exchange Act of 1934 ( 15 U.S.C. 78u–1 ). (c) Supervising ethics office For purposes of this section and the provisions of law described in subsection (b), the supervising ethics office for a president of a Federal Reserve bank, vice president of a Federal Reserve bank, or director of a Federal Reserve bank shall be the Inspector General of the Board of Governors of the Federal Reserve System and the Bureau of Consumer Financial Protection. 4. Penalty for noncompliance (a) In general Section 13106(a)(2)(B)(II) of title 5, United States Code, is amended by striking fined under title 18 and inserting fined $1000 in each case in which the individual fails to file a transaction report required under this Act. (b) Rules, regulations, guidance, and documents Not later than 1 year after the date of enactment of this Act, each supervising ethics office (as defined in section 2 of the STOCK Act ( 5 U.S.C. 13101 note))(including the Administrative Office of the United States Courts, as applicable) shall amend the rules, regulations, guidance, documents, papers, and other records of the supervising ethics office in accordance with the amendment made by this section. 5. Banning conflicted interests (a) In general (1) Banning conflicted interests Chapter 131 of title 5, United States Code, is amended by adding at the end the following: IV Banning conflicted interests 13161. Definitions In this subchapter: (1) Commodity The term commodity has the meaning given the term in section 1a of the Commodity Exchange Act ( 7 U.S.C. 1a ). (2) Covered financial interest (A) In general The term covered financial interest means— (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 future; (III) a commodity (as defined in section 1a of the Commodity Exchange Act ( 7 U.S.C. 1a )); or (IV) cryptocurrency, such as a coin or token— (aa) received in connection with an initial coin offering; or (bb) issued or distributed using distributed ledger or blockchain technology; and (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 interest does not include— (i) an investment fund registered as an investment company under section 3 of the Investment Company Act of 1940 ( 15 U.S.C. 80a–3 ) that is diversified as defined in section 2640.102 of title 5, Code of Federal Regulations; (ii) compensation from the primary occupation of the spouse of an individual described in subparagraphs (A) through (G) of paragraph (3), or any security that is issued or paid by an operating business that is the primary employer of such a spouse that is issued or paid to such a spouse; or (iii) a United States Treasury bill, note, or bond. (3) Covered individual The term covered individual means— (A) a Member of Congress (as defined in section 13101); (B) the President; (C) the Vice President; (D) the Chief Justice of the United States; (E) an Associate Justice of the Supreme Court; (F) a member of the Board of Governors of the Federal Reserve System; (G) a president or vice president of a Federal Reserve bank; or (H) the spouse or dependent child of an individual described in subparagraphs (A) through (G). (4) Dependent child The term dependent child means any individual who is— (A) under the age of 19; and (B) a dependent of an individual described in subparagraphs (A) through (G) of paragraph (3) within the meaning of section 152 of the Internal Revenue Code of 1986. (5) Future The term future means— (A) a security future (as defined in section 3(a) of Securities Exchange Act of 1934 ( 15 U.S.C. 78c(a) )); and (B) any other contract for the sale of a commodity for future delivery. (6) Supervising ethics office The term supervising ethics office , with respect to a covered individual, has the meaning given the term in section 13101 with respect to that covered individual. 13162. Prohibitions (a) Transactions Except as provided in section 13163, no covered individual may— (1) hold, purchase, sell, or conduct any type of transaction with respect to a covered financial interest; or (2) enter into a transaction that creates a net short position in any security. (b) Positions A covered individual may not serve as an officer or member of any board of any for-profit association, corporation, or other entity. (c) Cooling-Off period Any individual subject to the restrictions contained in subsection (a) who, within 180 days after such individual ceases to be a covered individual, engages in any of the actions under such subsection, shall be in violation of this subchapter. 13163. Divestiture (a) Covered financial interests acquired prior to Federal service or enactment of STOCK ACT 2.0 With respect to any covered financial interest held by a covered individual, the covered individual shall sell the covered financial interest during the applicable 120-day period beginning on the later of— (1) the date on which an individual becomes a covered individual; and (2) the date of enactment of STOCK Act 2.0. (b) Covered financial interests acquired through inheritance after the applicable period (1) In general A covered individual who inherits a covered financial interest after the conclusion of the applicable 120-day period described in subsection (a) shall sell the covered financial interest during the 120-day period beginning on the date on which the covered financial interest is inherited. (2) Extensions A covered individual may request, and the supervising ethics office may grant, 1 or more reasonable extensions of the period described under paragraph (1), subject to the conditions that— (A) the total period of time covered by all extensions granted for the covered financial interest shall not exceed 150 days; and (B) the period covered by a single extension shall be not longer than 45 days. 13164. Certificate of compliance Each covered individual shall submit to the supervising ethics office a written certification that such covered individual has achieved compliance with the requirements of this subchapter. 13165. Publication Each supervising ethics office shall make publicly available on a website of such office the following: (1) Within 30 days of receipt, each request for an extension under section 13163(b)(2). (2) The outcome of the decision to grant or deny each such request within 30 days of such decision. 13166. Enforcement A covered individual who knowingly fails to comply with this subchapter shall be assessed a fine by the supervising ethics office of not less than 10 percent of the value of the covered financial interest that was purchased, sold, or held, or the security in which a net short position was created, in violation of this title, as applicable. 13167. Applicability This subchapter applies to a covered financial interest held in any trust with respect to which the covered individual is a beneficial owner, regardless of whether the trust is a qualified blind trust.. (2) Clerical amendment The table of sections for chapter 131 of title 5, United States Code, is amended by adding at the end the following: Subchapter IV—Banning Conflicted Interests Sec. 13161. Definitions. Sec. 13162. Prohibitions. Sec. 13163. Divestiture. Sec. 13164. Certificate of compliance. Sec. 13165. Publication. Sec. 13166. Enforcement. Sec. 13167. Applicability.. (b) Certificate of divestiture Subparagraph (B) of section 1043(b)(2) of title 26, United States Code, is amended to read as follows: (B) that has been issued by— (i) the President or the Director of the Office of Government Ethics, in the case of executive branch officers or employees or the spouse or dependent child of a member of the Board of Governors of the Federal Reserve System, (ii) the Director of the Office of Government Ethics, in the case of the President, Vice President, or the spouse or dependent child of the President or Vice President, (iii) the Judicial Conference of the United States (or its designee), in the case of judicial officers or the spouse or dependent child of the Chief Justice or the Associate Justice, (iv) the applicable congressional ethics committee, in the case of Members of Congress or the spouse or dependent child of a Member of Congress, or (v) the Inspector General of the Board of Governors of the Federal Reserve System and the Bureau of Consumer Financial Protection, in the case of a president of a Federal Reserve bank, vice president of a Federal Reserve bank, or the spouse or dependent child of the president or vice president of a Federal Reserve Bank, and. (c) Conforming amendments (1) Authority and functions Section 13122(f)(2)(B) of title 5, United States Code, is amended— (A) by striking Subject to clause (iv) of this subparagraph, before each place it appears and inserting Before ; and (B) by striking clause (iv). (2) Lobbying Disclosure Act of 1995 Section 3(4)(D) of the Lobbying Disclosure Act of 1995 ( 2 U.S.C. 1602(4)(D) ) is amended by striking legislative branch employee serving in a position described under section 13101(13) of title 5, United States Code and inserting officer or employee of Congress (as defined in section 13101 of title 5, United States Code). (3) STOCK Act Section 2 of the STOCK Act ( 5 U.S.C. 13101 note) is amended— (A) in paragraph (2)(B), by striking (11) ; (B) in paragraph (4), by striking (10) ; (C) in paragraph (5), by striking (9) ; and (D) in paragraph (6), by striking (18). (4) Securities Exchange Act of 1934 Section 21A of the Securities Exchange Act of 1934 ( 15 U.S.C. 78u–1 ) is amended— (A) in subsection (g)(2)(B)(ii), by striking (11) ; and (B) in subsection (h)(2)— (i) in subparagraph (B), by striking (9) ; and (ii) in subparagraph (C), by striking (10). 13161. Definitions In this subchapter: (1) Commodity The term commodity has the meaning given the term in section 1a of the Commodity Exchange Act ( 7 U.S.C. 1a ). (2) Covered financial interest (A) In general The term covered financial interest means— (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 future; (III) a commodity (as defined in section 1a of the Commodity Exchange Act ( 7 U.S.C. 1a )); or (IV) cryptocurrency, such as a coin or token— (aa) received in connection with an initial coin offering; or (bb) issued or distributed using distributed ledger or blockchain technology; and (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 interest does not include— (i) an investment fund registered as an investment company under section 3 of the Investment Company Act of 1940 ( 15 U.S.C. 80a–3 ) that is diversified as defined in section 2640.102 of title 5, Code of Federal Regulations; (ii) compensation from the primary occupation of the spouse of an individual described in subparagraphs (A) through (G) of paragraph (3), or any security that is issued or paid by an operating business that is the primary employer of such a spouse that is issued or paid to such a spouse; or (iii) a United States Treasury bill, note, or bond. (3) Covered individual The term covered individual means— (A) a Member of Congress (as defined in section 13101); (B) the President; (C) the Vice President; (D) the Chief Justice of the United States; (E) an Associate Justice of the Supreme Court; (F) a member of the Board of Governors of the Federal Reserve System; (G) a president or vice president of a Federal Reserve bank; or (H) the spouse or dependent child of an individual described in subparagraphs (A) through (G). (4) Dependent child The term dependent child means any individual who is— (A) under the age of 19; and (B) a dependent of an individual described in subparagraphs (A) through (G) of paragraph (3) within the meaning of section 152 of the Internal Revenue Code of 1986. (5) Future The term future means— (A) a security future (as defined in section 3(a) of Securities Exchange Act of 1934 ( 15 U.S.C. 78c(a) )); and (B) any other contract for the sale of a commodity for future delivery. (6) Supervising ethics office The term supervising ethics office , with respect to a covered individual, has the meaning given the term in section 13101 with respect to that covered individual. 13162. Prohibitions (a) Transactions Except as provided in section 13163, no covered individual may— (1) hold, purchase, sell, or conduct any type of transaction with respect to a covered financial interest; or (2) enter into a transaction that creates a net short position in any security. (b) Positions A covered individual may not serve as an officer or member of any board of any for-profit association, corporation, or other entity. (c) Cooling-Off period Any individual subject to the restrictions contained in subsection (a) who, within 180 days after such individual ceases to be a covered individual, engages in any of the actions under such subsection, shall be in violation of this subchapter. 13163. Divestiture (a) Covered financial interests acquired prior to Federal service or enactment of STOCK ACT 2.0 With respect to any covered financial interest held by a covered individual, the covered individual shall sell the covered financial interest during the applicable 120-day period beginning on the later of— (1) the date on which an individual becomes a covered individual; and (2) the date of enactment of STOCK Act 2.0. (b) Covered financial interests acquired through inheritance after the applicable period (1) In general A covered individual who inherits a covered financial interest after the conclusion of the applicable 120-day period described in subsection (a) shall sell the covered financial interest during the 120-day period beginning on the date on which the covered financial interest is inherited. (2) Extensions A covered individual may request, and the supervising ethics office may grant, 1 or more reasonable extensions of the period described under paragraph (1), subject to the conditions that— (A) the total period of time covered by all extensions granted for the covered financial interest shall not exceed 150 days; and (B) the period covered by a single extension shall be not longer than 45 days. 13164. Certificate of compliance Each covered individual shall submit to the supervising ethics office a written certification that such covered individual has achieved compliance with the requirements of this subchapter. 13165. Publication Each supervising ethics office shall make publicly available on a website of such office the following: (1) Within 30 days of receipt, each request for an extension under section 13163(b)(2). (2) The outcome of the decision to grant or deny each such request within 30 days of such decision. 13166. Enforcement A covered individual who knowingly fails to comply with this subchapter shall be assessed a fine by the supervising ethics office of not less than 10 percent of the value of the covered financial interest that was purchased, sold, or held, or the security in which a net short position was created, in violation of this title, as applicable. 13167. Applicability This subchapter applies to a covered financial interest held in any trust with respect to which the covered individual is a beneficial owner, regardless of whether the trust is a qualified blind trust. 6. Electronic filing and online public availability of financial disclosure forms (a) Members of Congress and congressional staff Section 8(b)(1) of the STOCK Act ( 5 U.S.C. 13107 note) is amended— (1) in the matter preceding subparagraph (A), by inserting , pursuant to chapter 131 of title 5, United States Code, through the applicable database maintained on the official website of the Senate or House of Representatives after enable ; (2) in subparagraph (A), by striking reports received by them pursuant to section 13105(h)(1)(A) of title 5, United States Code, and and inserting each report received under section 13105(h)(1)(A) of title 5, United States Code; and ; and (3) by striking subparagraph (B) and the undesignated matter following that subparagraph and inserting the following: (B) public access— (i) to each— (I) financial disclosure report filed by a Member of Congress or a candidate for Congress; (II) transaction disclosure report filed by a Member of Congress or a candidate for Congress pursuant to section 13105(l) of title 5, United States Code; and (III) notice of extension, amendment, or blind trust, with respect to a report described in subclause (I) or (II), pursuant to chapter 131 of title 5, United States Code; and (ii) in a manner that— (I) allows the public to search, sort, and download data contained in the reports described in subclause (I) or (II) of clause (i) by criteria required to be reported, including by filer name, asset, transaction type, ticker symbol, notification date, amount of transaction, and date of transaction; (II) allows access through an application programming interface; and (III) is fully compliant with— (aa) section 508 of the Rehabilitation Act of 1973 ( 29 U.S.C. 794d ); and (bb) the most recent Web Content Accessibility Guidelines (or successor guidelines).. (b) Very senior executive branch employees Section 11(b)(1) of the STOCK Act ( Public Law 112–105 ; 126 Stat. 299) is amended— (1) in the matter preceding subparagraph (A), by inserting , pursuant to chapter 131 of title 5, United States Code, through databases maintained on the official website of the Office of Government Ethics after enable ; and (2) by striking subparagraph (B) and the undesignated matter following that subparagraph and inserting the following: (B) public access— (i) to each— (I) financial disclosure report filed by the President, Vice President, or an officer occupying a position listed in section 5312 or 5313 of title 5, United States Code, having been nominated by the President and confirmed by the Senate to that position; (II) transaction disclosure report filed by an individual described in subclause (I) pursuant to section 13105(l) of title 5, United States Code; and (III) notice of extension, amendment, or blind trust, with respect to a report described in subclause (I) or (II), pursuant to chapter 131 of title 5, United States Code; and (ii) in a manner that— (I) allows the public to search, sort, and download data contained in the reports described in subclause (I) or (II) of clause (i) by criteria required to be reported, including by filer name, asset, transaction type, ticker symbol, notification date, amount of transaction, and date of transaction; (II) allows access through an application programming interface; and (III) is fully compliant with— (aa) section 508 of the Rehabilitation Act of 1973 ( 29 U.S.C. 794d ); and (bb) the most recent Web Content Accessibility Guidelines (or successor guidelines).. (c) Judicial officers Section 9 of the STOCK Act ( Public Law 112–105 ; 126 Stat. 297) is amended by adding at the end the following: (c) Judicial officers (1) In general Subject to paragraph (6), not later than 1 year after the date of enactment of this subsection, the Administrative Office of the United States Courts shall develop a system to enable, pursuant to chapter 131 of title 5, United States Code, through a database maintained on the official website of the Administrative Office of the United States Courts— (A) electronic filing of reports received from judicial officers pursuant to that chapter; and (B) public access— (i) to each— (I) financial disclosure report filed by a judicial officer; (II) transaction disclosure report filed by a judicial officer pursuant to section 13105(l) of title 5, United States Code; and (III) notice of extension, amendment, or blind trust, with respect to a report described in subclause (I) or (II), pursuant to chapter 131 of title 5, United States Code; and (ii) in a manner that— (I) allows the public to search, sort, and download data contained in a report described in clause (i) by criteria required to be reported, including by filer name, asset, transaction type, ticker symbol, notification date, amount of transaction, and date of transaction; (II) allows access through an application programming interface; and (III) is fully compliant with— (aa) section 508 of the Rehabilitation Act of 1973 ( 29 U.S.C. 794d ); and (bb) the most recent Web Content Accessibility Guidelines (or successor guidelines). (2) Login For purposes of filings under paragraph (1)(B), section 13107(b)(2) of title 5, United States Code, shall not apply. (3) Public availability The electronic availability of filings under paragraph (1)(B) on the official website of the Administrative Office of the United States Courts shall be deemed to meet the public availability requirement under section 13107(b)(1) of title 5, United States Code. (4) Filers covered Each judicial officer who is required under chapter 131 of title 5, United States Code, to file a financial disclosure report with a supervising ethics office shall be able to file that report electronically using the applicable system developed under this subsection. (5) Extensions Each notice of an extension for a financial disclosure covered by this subsection shall be made available electronically under paragraph (1)(B), together with any related disclosure. (6) Additional time The requirements of this subsection may be implemented after the date described in paragraph (1) if the Administrative Office of the United States Courts identifies in writing to the relevant congressional committees the additional time needed for that implementation.. (d) Officers of Federal Reserve banks Section 9 of the STOCK Act ( Public Law 112–105 ; 126 Stat. 297) (as amended by subsection (c)) is amended by adding at the end the following: (d) Officers of Federal Reserve banks (1) Definitions In this subsection: (A) Covered person The term covered person means— (i) a president of a Federal Reserve bank; (ii) a vice president of a Federal Reserve bank; (iii) a director of a Federal Reserve bank; or (iv) the spouse or dependent child of an individual described in clause (i), (ii), or (iii). (B) Dependent child The term dependent child means any individual who is— (i) under the age of 19; and (ii) a dependent of an individual described in clause (i), (ii), or (iii) of subparagraph (A) within the meaning of section 152 of the Internal Revenue Code of 1986. (C) Supervising ethics office The term supervising ethics office means the Inspector General of the Board of Governors of the Federal Reserve System and the Bureau of Consumer Financial Protection. (2) Electronic filing and online public availability of financial disclosure forms (A) In general Subject to subparagraph (F), not later than 1 year after the date of enactment of this subsection, the supervising ethics office shall develop a system to enable, consistent with chapter 131 of title 5, United States Code, through a database maintained on the official website of the supervising ethics office— (i) electronic filing of reports received from covered persons; and (ii) public access— (I) to each— (aa) financial disclosure report filed by a covered person; (bb) transaction disclosure report filed by a covered person; and (cc) notice of extension, amendment, or blind trust, with respect to a report described in item (aa) or (bb); and (II) in a manner that— (aa) allows the public to search, sort, and download data contained in a report described in subclause (I) by criteria required to be reported, including by filer name, asset, transaction type, ticker symbol, notification date, amount of transaction, and date of transaction; (bb) allows access through an application programming interface; and (cc) is fully compliant with— (AA) section 508 of the Rehabilitation Act of 1973 ( 29 U.S.C. 794d ); and (BB) the most recent Web Content Accessibility Guidelines (or successor guidelines). (B) Login For purposes of filings under subparagraph (A)(ii), section 13107(b)(2) of title 5, United States Code, shall not apply. (C) Public availability The electronic availability of filings under subparagraph (A)(ii) on the official website of a supervising ethics office shall be deemed to meet the public availability requirement under section 13107(b)(1) of title 5, United States Code. (D) Filers covered The supervising ethics office shall ensure that each covered person files a financial disclosure report electronically using the applicable system developed under this paragraph. (E) Extensions Each notice of an extension for a financial disclosure covered by this paragraph shall be made available electronically under subparagraph (A)(ii), together with any related disclosure. (F) Additional time The requirements of this paragraph may be implemented after the date described in subparagraph (A) if a supervising ethics office identifies in writing to the relevant congressional committees the additional time needed for that implementation.. (e) Applicability The amendments made by this section shall apply on and after the date that is 18 months after the date of enactment of this Act.
30,257
[ "Judiciary Committee", "Committee on House Administration", "Oversight and Accountability Committee" ]
118hr4391ih
118
hr
4,391
ih
To amend the Internal Revenue Code of 1986 to treat certain assisted reproduction expenses as medical expenses of the taxpayer.
[ { "text": "1. Short title \nThis Act may be cited as the Equal Access to Reproductive Care Act.", "id": "HF265C49901954C78AA5985098214B3E6", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Treatment of certain assisted reproduction expenses as medical expenses of the taxpayer \n(a) In general \nSection 213(d) of the Internal Revenue Code of 1986 is amended by adding at the end the following new paragraph: (12) Assisted reproduction expenses \n(A) In general \nThe term medical care includes assisted reproduction. (B) Assisted reproduction defined \nThe term assisted reproduction means any methods, treatments, procedures, and services for the purpose of effectuating a pregnancy and carrying it to term, including gamete and embryo donation, intrauterine insemination, in vitro fertilization, intracervical insemination, traditional reproductive surrogacy, and gestational reproductive surrogacy. (C) Coverage of surrogacy, etc \nAssisted reproduction shall be treated as medical care of the taxpayer or the taxpayer’s spouse or dependent to the extent that the taxpayer or the taxpayer’s spouse or dependent, respectively, intends to take legal custody or responsibility for any children born as a result of such assisted reproduction. (D) Coordination with certain other rules related to transportation, insurance, etc \nAssisted reproduction shall be treated as medical care referred to in paragraph (1)(A).. (b) Effective date \nThe amendment made by this section shall apply to taxable years beginning after the date of the enactment of this Act.", "id": "H9364B139EEEA4210A88A33FCC0EAAE89", "header": "Treatment of certain assisted reproduction expenses as medical expenses of the taxpayer", "nested": [ { "text": "(a) In general \nSection 213(d) of the Internal Revenue Code of 1986 is amended by adding at the end the following new paragraph: (12) Assisted reproduction expenses \n(A) In general \nThe term medical care includes assisted reproduction. (B) Assisted reproduction defined \nThe term assisted reproduction means any methods, treatments, procedures, and services for the purpose of effectuating a pregnancy and carrying it to term, including gamete and embryo donation, intrauterine insemination, in vitro fertilization, intracervical insemination, traditional reproductive surrogacy, and gestational reproductive surrogacy. (C) Coverage of surrogacy, etc \nAssisted reproduction shall be treated as medical care of the taxpayer or the taxpayer’s spouse or dependent to the extent that the taxpayer or the taxpayer’s spouse or dependent, respectively, intends to take legal custody or responsibility for any children born as a result of such assisted reproduction. (D) Coordination with certain other rules related to transportation, insurance, etc \nAssisted reproduction shall be treated as medical care referred to in paragraph (1)(A)..", "id": "H03CC5F2612D2440CA9478A2915620F36", "header": "In general", "nested": [], "links": [ { "text": "Section 213(d)", "legal-doc": "usc", "parsable-cite": "usc/26/213" } ] }, { "text": "(b) Effective date \nThe amendment made by this section shall apply to taxable years beginning after the date of the enactment of this Act.", "id": "HD345634893D74791B5B0E1D321ABEC04", "header": "Effective date", "nested": [], "links": [] } ], "links": [ { "text": "Section 213(d)", "legal-doc": "usc", "parsable-cite": "usc/26/213" } ] } ]
2
1. Short title This Act may be cited as the Equal Access to Reproductive Care Act. 2. Treatment of certain assisted reproduction expenses as medical expenses of the taxpayer (a) In general Section 213(d) of the Internal Revenue Code of 1986 is amended by adding at the end the following new paragraph: (12) Assisted reproduction expenses (A) In general The term medical care includes assisted reproduction. (B) Assisted reproduction defined The term assisted reproduction means any methods, treatments, procedures, and services for the purpose of effectuating a pregnancy and carrying it to term, including gamete and embryo donation, intrauterine insemination, in vitro fertilization, intracervical insemination, traditional reproductive surrogacy, and gestational reproductive surrogacy. (C) Coverage of surrogacy, etc Assisted reproduction shall be treated as medical care of the taxpayer or the taxpayer’s spouse or dependent to the extent that the taxpayer or the taxpayer’s spouse or dependent, respectively, intends to take legal custody or responsibility for any children born as a result of such assisted reproduction. (D) Coordination with certain other rules related to transportation, insurance, etc Assisted reproduction shall be treated as medical care referred to in paragraph (1)(A).. (b) Effective date The amendment made by this section shall apply to taxable years beginning after the date of the enactment of this Act.
1,447
[ "Ways and Means Committee" ]
118hr6736ih
118
hr
6,736
ih
To provide a retroactive effective date for the promotions of senior officers of the Armed Forces whose military promotions were delayed as a result of the suspension of Senate confirmation of such promotions.
[ { "text": "1. Short title \nThis Act may be cited as the Military Personnel Confirmation Restoration Act of 2023.", "id": "HE5B4130A4C5042AB957C25622098C58C", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Sense of Congress \nCongress holds the men and women who defend the United States in the highest esteem.", "id": "H454563E4D2324304BB5DFF4DFB7882FC", "header": "Sense of Congress", "nested": [], "links": [] }, { "text": "3. Retroactive effective date of promotions of senior officers of Armed Forces that were delayed as a result of suspension of Senate confirmation \n(a) In general \nIn the case of an individual confirmed, during the period beginning on December 5, 2023, and ending on December 31, 2023, to a grade or rank in the Armed Forces associated with pay grade O–7 or higher and whose confirmation was delayed as a result of the suspension of the provision of advice and consent by the Senate to appointments to such grades and ranks that began in February 2023— (1) the Secretary of Defense shall provide the individual, retroactive to the date described in subsection (b)— (A) pay and allowances at the rates or in the amounts payable for the pay grade associated with the appointment of the individual; and (B) the benefits to which an individual in the grade or rank associated with the appointment is entitled; and (2) the date described in subsection (b) shall be the date used for determining the seniority of the individual in the grade or rank associated with the appointment. (b) Date described \nThe date described in this subsection is, with respect to an individual described in subsection (a), the date that is the later of— (1) the date that is 30 days after the date on which the nomination of the individual was placed on the Executive Calendar of the Senate; or (2) the date on which the individual would have been appointed but for the suspension of the provision of advice and consent described in subsection (a), as determined by the Secretary concerned (as defined in section 101 of title 10, United States Code).", "id": "H7D71AD5EBD4D4B5F8ED5829C6E486492", "header": "Retroactive effective date of promotions of senior officers of Armed Forces that were delayed as a result of suspension of Senate confirmation", "nested": [ { "text": "(a) In general \nIn the case of an individual confirmed, during the period beginning on December 5, 2023, and ending on December 31, 2023, to a grade or rank in the Armed Forces associated with pay grade O–7 or higher and whose confirmation was delayed as a result of the suspension of the provision of advice and consent by the Senate to appointments to such grades and ranks that began in February 2023— (1) the Secretary of Defense shall provide the individual, retroactive to the date described in subsection (b)— (A) pay and allowances at the rates or in the amounts payable for the pay grade associated with the appointment of the individual; and (B) the benefits to which an individual in the grade or rank associated with the appointment is entitled; and (2) the date described in subsection (b) shall be the date used for determining the seniority of the individual in the grade or rank associated with the appointment.", "id": "H8C34A49A6C484C1D95C23CBA8262588E", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Date described \nThe date described in this subsection is, with respect to an individual described in subsection (a), the date that is the later of— (1) the date that is 30 days after the date on which the nomination of the individual was placed on the Executive Calendar of the Senate; or (2) the date on which the individual would have been appointed but for the suspension of the provision of advice and consent described in subsection (a), as determined by the Secretary concerned (as defined in section 101 of title 10, United States Code).", "id": "H3FAB018ED7CF4C04AA9B433EEA1A0A8D", "header": "Date described", "nested": [], "links": [] } ], "links": [] } ]
3
1. Short title This Act may be cited as the Military Personnel Confirmation Restoration Act of 2023. 2. Sense of Congress Congress holds the men and women who defend the United States in the highest esteem. 3. Retroactive effective date of promotions of senior officers of Armed Forces that were delayed as a result of suspension of Senate confirmation (a) In general In the case of an individual confirmed, during the period beginning on December 5, 2023, and ending on December 31, 2023, to a grade or rank in the Armed Forces associated with pay grade O–7 or higher and whose confirmation was delayed as a result of the suspension of the provision of advice and consent by the Senate to appointments to such grades and ranks that began in February 2023— (1) the Secretary of Defense shall provide the individual, retroactive to the date described in subsection (b)— (A) pay and allowances at the rates or in the amounts payable for the pay grade associated with the appointment of the individual; and (B) the benefits to which an individual in the grade or rank associated with the appointment is entitled; and (2) the date described in subsection (b) shall be the date used for determining the seniority of the individual in the grade or rank associated with the appointment. (b) Date described The date described in this subsection is, with respect to an individual described in subsection (a), the date that is the later of— (1) the date that is 30 days after the date on which the nomination of the individual was placed on the Executive Calendar of the Senate; or (2) the date on which the individual would have been appointed but for the suspension of the provision of advice and consent described in subsection (a), as determined by the Secretary concerned (as defined in section 101 of title 10, United States Code).
1,832
[ "Armed Services Committee" ]
118hr4263ih
118
hr
4,263
ih
To amend the Federal Food, Drug, and Cosmetic Act to require the label of a drug intended for human use to identify each ingredient in such drug that is, or is derived directly or indirectly from, a major food allergen or a gluten-containing grain, and for other purposes.
[ { "text": "1. Short title \nThis Act may be cited as the Allergen Disclosure In Non-food Articles Act or the ADINA Act.", "id": "HCD725D74D6594DBBB06D30EE2C590720", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Labeling of drugs with an ingredient that is a major food allergen or is made from a gluten-containing grain \n(a) Misbranding \nSection 502 of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 352 ) is amended by adding at the end the following: (hh) If it is a drug— (1) that is intended for human use; (2) that contains an ingredient that is, or is derived directly or indirectly from— (A) a major food allergen; or (B) a gluten-containing grain (including wheat, barley, rye, and their crossbred hybrids); and (3) whose label fails— (A) to state that the drug contains such an ingredient; and (B) to identify each such ingredient and, as applicable, the type of gluten-containing grain.. (b) Applicability \nSection 502(hh) of the Federal Food, Drug, and Cosmetic Act, as added by subsection (a), shall apply beginning on the earlier of— (1) a date to be determined by the Secretary of Health and Human Services; or (2) the date that is 2 years after the date of the enactment of this Act.", "id": "HD1923E1AA9B8412E84C56E6367A532C5", "header": "Labeling of drugs with an ingredient that is a major food allergen or is made from a gluten-containing grain", "nested": [ { "text": "(a) Misbranding \nSection 502 of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 352 ) is amended by adding at the end the following: (hh) If it is a drug— (1) that is intended for human use; (2) that contains an ingredient that is, or is derived directly or indirectly from— (A) a major food allergen; or (B) a gluten-containing grain (including wheat, barley, rye, and their crossbred hybrids); and (3) whose label fails— (A) to state that the drug contains such an ingredient; and (B) to identify each such ingredient and, as applicable, the type of gluten-containing grain..", "id": "HB9E6A0B58FF044BA8270A3829CA633CE", "header": "Misbranding", "nested": [], "links": [ { "text": "21 U.S.C. 352", "legal-doc": "usc", "parsable-cite": "usc/21/352" } ] }, { "text": "(b) Applicability \nSection 502(hh) of the Federal Food, Drug, and Cosmetic Act, as added by subsection (a), shall apply beginning on the earlier of— (1) a date to be determined by the Secretary of Health and Human Services; or (2) the date that is 2 years after the date of the enactment of this Act.", "id": "H9F331F351A54444CBC7D04B938877BBA", "header": "Applicability", "nested": [], "links": [] } ], "links": [ { "text": "21 U.S.C. 352", "legal-doc": "usc", "parsable-cite": "usc/21/352" } ] } ]
2
1. Short title This Act may be cited as the Allergen Disclosure In Non-food Articles Act or the ADINA Act. 2. Labeling of drugs with an ingredient that is a major food allergen or is made from a gluten-containing grain (a) Misbranding Section 502 of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 352 ) is amended by adding at the end the following: (hh) If it is a drug— (1) that is intended for human use; (2) that contains an ingredient that is, or is derived directly or indirectly from— (A) a major food allergen; or (B) a gluten-containing grain (including wheat, barley, rye, and their crossbred hybrids); and (3) whose label fails— (A) to state that the drug contains such an ingredient; and (B) to identify each such ingredient and, as applicable, the type of gluten-containing grain.. (b) Applicability Section 502(hh) of the Federal Food, Drug, and Cosmetic Act, as added by subsection (a), shall apply beginning on the earlier of— (1) a date to be determined by the Secretary of Health and Human Services; or (2) the date that is 2 years after the date of the enactment of this Act.
1,104
[ "Energy and Commerce Committee" ]
118hr2781ih
118
hr
2,781
ih
To provide for the withdrawal of the United States from the United Nations Framework Convention on Climate Change, and for other purposes.
[ { "text": "1. Withdrawal of the United States from the United Nations Framework Convention on Climate Change \nThe President shall— (1) not later than 5 days after the date of the enactment of this Act, provide written notification to the Depository of the United Nations Framework Convention on Climate Change, done at Rio de Janeiro, June 3–14, 1992, of the withdrawal of the United States from the Convention effective on the date that it is 1 year after the date of receipt by the Depository of such notification of withdrawal in accordance with Article 25 of the Convention; and (2) on the effective date described in this section, withdraw the United States from the United Nations Framework Convention on Climate Change.", "id": "HB232FE7ABEA54DE5B10C6AF8B878C5B3", "header": "Withdrawal of the United States from the United Nations Framework Convention on Climate Change", "nested": [], "links": [] }, { "text": "2. Limitation on use of funds \nNo funds authorized or appropriated by any Act may be used to support, directly or indirectly, any efforts on the part of any United States Government official to take steps to carry out the obligations of the United States under the United Nations Framework Convention on Climate Change on or after the effective date described in section 1.", "id": "HDB9E274C4E4E4289A39EA2E0F56160FF", "header": "Limitation on use of funds", "nested": [], "links": [] } ]
2
1. Withdrawal of the United States from the United Nations Framework Convention on Climate Change The President shall— (1) not later than 5 days after the date of the enactment of this Act, provide written notification to the Depository of the United Nations Framework Convention on Climate Change, done at Rio de Janeiro, June 3–14, 1992, of the withdrawal of the United States from the Convention effective on the date that it is 1 year after the date of receipt by the Depository of such notification of withdrawal in accordance with Article 25 of the Convention; and (2) on the effective date described in this section, withdraw the United States from the United Nations Framework Convention on Climate Change. 2. Limitation on use of funds No funds authorized or appropriated by any Act may be used to support, directly or indirectly, any efforts on the part of any United States Government official to take steps to carry out the obligations of the United States under the United Nations Framework Convention on Climate Change on or after the effective date described in section 1.
1,089
[ "Foreign Affairs Committee" ]
118hr596ih
118
hr
596
ih
To amend the Anti-Border Corruption Act of 2010 to authorize certain polygraph waiver authority, and for other purposes.
[ { "text": "1. Short title \nThis Act may be cited as the Anti-Border Corruption Improvement Act.", "id": "H19313B401ED64AD988890C1AF615C39D", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Hiring flexibility \nSection 3 of the Anti-Border Corruption Act of 2010 ( Public Law 111–376 ; 6 U.S.C. 221 ) is amended by striking subsection (b) and inserting the following new subsections: (b) Waiver authority \nThe Commissioner of U.S. Customs and Border Protection may waive the application of subsection (a)(1) in the following circumstances: (1) In the case of a current, full-time law enforcement officer employed by a State or local law enforcement agency, if such officer— (A) has served as a law enforcement officer for not fewer than three years with no break in service; (B) is authorized by law to engage in or supervise the prevention, detection, investigation, or prosecution of, or the incarceration of any person for, any violation of law, and has statutory powers for arrest or apprehension; (C) is not currently under investigation, has not been found to have engaged in criminal activity or serious misconduct, has not resigned from a law enforcement officer position under investigation or in lieu of termination, and has not been dismissed from a law enforcement officer position; and (D) has, within the past ten years, successfully completed a polygraph examination, described in subsection (c), as a condition of employment with such officer’s current law enforcement agency. (2) In the case of a current, full-time law enforcement officer employed by a Federal law enforcement agency, if such officer— (A) has served as a law enforcement officer for not fewer than three years with no break in service; (B) has authority to make arrests, conduct investigations, conduct searches, make seizures, carry firearms, and serve orders, warrants, and other processes; (C) is not currently under investigation, has not been found to have engaged in criminal activity or serious misconduct, has not resigned from a law enforcement officer position under investigation or in lieu of termination, and has not been dismissed from a law enforcement officer position; and (D) holds a current background investigation to the level required for service as a law enforcement officer with U.S. Customs and Border Protection. (3) In the case of an individual who is a member of the Armed Forces (or a reserve component thereof) or a veteran, if such individual— (A) has served in the Armed Forces for not fewer than three years; (B) holds, or has held within the past five years, a Secret, Top Secret, or Top Secret/Sensitive Compartmented Information clearance; (C) holds or has undergone and passed a background investigation to the level required for service as a law enforcement officer with U.S. Customs and Border Protection; (D) received, or is eligible to receive, an honorable discharge from service in the Armed Forces and has not engaged in criminal activity or committed a serious military or civil offense under the Uniform Code of Military Justice; and (E) was not granted any waivers to obtain the clearance referred to subparagraph (B). (c) Certain polygraph examination \nA polygraph examination described in this subsection is a polygraph examination that satisfies requirements established by the Secretary of Homeland Security, in consultation with the Director of National Intelligence..", "id": "HDA40B2F1214C4A62A4C62BB24A5568FD", "header": "Hiring flexibility", "nested": [], "links": [ { "text": "Public Law 111–376", "legal-doc": "public-law", "parsable-cite": "pl/111/376" }, { "text": "6 U.S.C. 221", "legal-doc": "usc", "parsable-cite": "usc/6/221" } ] }, { "text": "3. Supplemental commissioner authority and definitions \n(a) Supplemental commissioner authority \nSection 4 of the Anti-Border Corruption Act of 2010 ( Public Law 111–376 ) is amended to read as follows: 4. Supplemental commissioner authority \n(a) Non-Exemption \nAn individual who receives a waiver under subsection (b) of section 3 shall not be exempt from other hiring requirements relating to suitability for employment and eligibility to hold a national security designated position, as determined by the Commissioner of U.S. Customs and Border Protection. (b) Background investigations \nAny individual who receives a waiver under subsection (b) of section 3 who holds a current background investigation may be subject to further background investigation to the level required for service as a law enforcement officer with U.S. Customs and Border Protection. (c) Continuous evaluation \nAny individual who receives a waiver under subsection (b) of section 3 shall not be exempt from any requirement relating to continuous evaluation established by the Commissioner of U.S. Customs and Border Protection. (d) Administration of polygraph examination \nThe Commissioner of U.S. Customs and Border Protection is authorized to administer a polygraph examination to an applicant or employee who is eligible for or receives a waiver under subsection (b) of section 3 if information is discovered prior to the completion of a background investigation that results in a determination that a polygraph examination is necessary to make a final determination regarding suitability for employment or continued employment, as the case may be.. (b) Report \nThe Anti-Border Corruption Act of 2010 is amended by adding at the end the following new section: 5. Reporting \nNot later than one year after the date of the enactment of this section and every year for the next four years thereafter, the Commissioner of U.S. Customs and Border Protection shall provide the Committee on Homeland Security of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate information on the number, disaggregated with respect to each of paragraphs (1), (2), and (3) of subsection (b) of section 3, of waivers requested, granted, and denied, and the reasons for any such denial, and the final outcome of the application for employment at issue. Such information shall also include the number of instances a polygraph examination was administered under the conditions described in subsection (d) of section 4, the result of such examination, and the final outcome of the application for employment at issue.. (c) Definitions \nThe Anti-Border Corruption Act of 2010, as amended by subsection (b) of this section, is further amended by adding at the end the following new section: 6. Definitions \nIn this Act: (1) Law enforcement officer \nThe term law enforcement officer has the meaning given such term in sections 8331(20) and 8401(17) of title 5, United States Code. (2) Veteran \nThe term veteran has the meaning given such term in section 101(2) of title 38, United States Code. (3) Serious military or civil offense \nThe term serious military or civil offense means an offense for which— (A) a member of the Armed Forces may be discharged or separated from service in the Armed Forces; and (B) a punitive discharge is, or would be, authorized for the same or a closely related offense under the Manual for Court-Martial, as pursuant to Army Regulation 635–200 chapter 14–12..", "id": "H12AEC5479E8C41D2B03B2BBC978459D1", "header": "Supplemental commissioner authority and definitions", "nested": [ { "text": "(a) Supplemental commissioner authority \nSection 4 of the Anti-Border Corruption Act of 2010 ( Public Law 111–376 ) is amended to read as follows: 4. Supplemental commissioner authority \n(a) Non-Exemption \nAn individual who receives a waiver under subsection (b) of section 3 shall not be exempt from other hiring requirements relating to suitability for employment and eligibility to hold a national security designated position, as determined by the Commissioner of U.S. Customs and Border Protection. (b) Background investigations \nAny individual who receives a waiver under subsection (b) of section 3 who holds a current background investigation may be subject to further background investigation to the level required for service as a law enforcement officer with U.S. Customs and Border Protection. (c) Continuous evaluation \nAny individual who receives a waiver under subsection (b) of section 3 shall not be exempt from any requirement relating to continuous evaluation established by the Commissioner of U.S. Customs and Border Protection. (d) Administration of polygraph examination \nThe Commissioner of U.S. Customs and Border Protection is authorized to administer a polygraph examination to an applicant or employee who is eligible for or receives a waiver under subsection (b) of section 3 if information is discovered prior to the completion of a background investigation that results in a determination that a polygraph examination is necessary to make a final determination regarding suitability for employment or continued employment, as the case may be..", "id": "H9864A51CFD454D07A31F376CB2E37C8E", "header": "Supplemental commissioner authority", "nested": [], "links": [ { "text": "Public Law 111–376", "legal-doc": "public-law", "parsable-cite": "pl/111/376" } ] }, { "text": "(b) Report \nThe Anti-Border Corruption Act of 2010 is amended by adding at the end the following new section: 5. Reporting \nNot later than one year after the date of the enactment of this section and every year for the next four years thereafter, the Commissioner of U.S. Customs and Border Protection shall provide the Committee on Homeland Security of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate information on the number, disaggregated with respect to each of paragraphs (1), (2), and (3) of subsection (b) of section 3, of waivers requested, granted, and denied, and the reasons for any such denial, and the final outcome of the application for employment at issue. Such information shall also include the number of instances a polygraph examination was administered under the conditions described in subsection (d) of section 4, the result of such examination, and the final outcome of the application for employment at issue..", "id": "H2AC0ED07036849C4AC4DEB8145D9167E", "header": "Report", "nested": [], "links": [] }, { "text": "(c) Definitions \nThe Anti-Border Corruption Act of 2010, as amended by subsection (b) of this section, is further amended by adding at the end the following new section: 6. Definitions \nIn this Act: (1) Law enforcement officer \nThe term law enforcement officer has the meaning given such term in sections 8331(20) and 8401(17) of title 5, United States Code. (2) Veteran \nThe term veteran has the meaning given such term in section 101(2) of title 38, United States Code. (3) Serious military or civil offense \nThe term serious military or civil offense means an offense for which— (A) a member of the Armed Forces may be discharged or separated from service in the Armed Forces; and (B) a punitive discharge is, or would be, authorized for the same or a closely related offense under the Manual for Court-Martial, as pursuant to Army Regulation 635–200 chapter 14–12..", "id": "HA207A00BABA34AB89FD4E39AA641F485", "header": "Definitions", "nested": [], "links": [] } ], "links": [ { "text": "Public Law 111–376", "legal-doc": "public-law", "parsable-cite": "pl/111/376" } ] }, { "text": "4. Supplemental commissioner authority \n(a) Non-Exemption \nAn individual who receives a waiver under subsection (b) of section 3 shall not be exempt from other hiring requirements relating to suitability for employment and eligibility to hold a national security designated position, as determined by the Commissioner of U.S. Customs and Border Protection. (b) Background investigations \nAny individual who receives a waiver under subsection (b) of section 3 who holds a current background investigation may be subject to further background investigation to the level required for service as a law enforcement officer with U.S. Customs and Border Protection. (c) Continuous evaluation \nAny individual who receives a waiver under subsection (b) of section 3 shall not be exempt from any requirement relating to continuous evaluation established by the Commissioner of U.S. Customs and Border Protection. (d) Administration of polygraph examination \nThe Commissioner of U.S. Customs and Border Protection is authorized to administer a polygraph examination to an applicant or employee who is eligible for or receives a waiver under subsection (b) of section 3 if information is discovered prior to the completion of a background investigation that results in a determination that a polygraph examination is necessary to make a final determination regarding suitability for employment or continued employment, as the case may be.", "id": "HBB4BDCAE145740409B708E694E5E77C1", "header": "Supplemental commissioner authority", "nested": [ { "text": "(a) Non-Exemption \nAn individual who receives a waiver under subsection (b) of section 3 shall not be exempt from other hiring requirements relating to suitability for employment and eligibility to hold a national security designated position, as determined by the Commissioner of U.S. Customs and Border Protection.", "id": "HAB84C84F88E84DBD9B7C741064FDD36F", "header": "Non-Exemption", "nested": [], "links": [] }, { "text": "(b) Background investigations \nAny individual who receives a waiver under subsection (b) of section 3 who holds a current background investigation may be subject to further background investigation to the level required for service as a law enforcement officer with U.S. Customs and Border Protection.", "id": "H624A8D4A3A52458FA41D62AD5AE6DE4C", "header": "Background investigations", "nested": [], "links": [] }, { "text": "(c) Continuous evaluation \nAny individual who receives a waiver under subsection (b) of section 3 shall not be exempt from any requirement relating to continuous evaluation established by the Commissioner of U.S. Customs and Border Protection.", "id": "HCB04D600D9EC407CB6E1DD0182E7A1CE", "header": "Continuous evaluation", "nested": [], "links": [] }, { "text": "(d) Administration of polygraph examination \nThe Commissioner of U.S. Customs and Border Protection is authorized to administer a polygraph examination to an applicant or employee who is eligible for or receives a waiver under subsection (b) of section 3 if information is discovered prior to the completion of a background investigation that results in a determination that a polygraph examination is necessary to make a final determination regarding suitability for employment or continued employment, as the case may be.", "id": "H2667A2F7806B4AA2A0F8D896646CFB0E", "header": "Administration of polygraph examination", "nested": [], "links": [] } ], "links": [] }, { "text": "5. Reporting \nNot later than one year after the date of the enactment of this section and every year for the next four years thereafter, the Commissioner of U.S. Customs and Border Protection shall provide the Committee on Homeland Security of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate information on the number, disaggregated with respect to each of paragraphs (1), (2), and (3) of subsection (b) of section 3, of waivers requested, granted, and denied, and the reasons for any such denial, and the final outcome of the application for employment at issue. Such information shall also include the number of instances a polygraph examination was administered under the conditions described in subsection (d) of section 4, the result of such examination, and the final outcome of the application for employment at issue.", "id": "H64618AF6D3C44C3E89C10CAD7E00F2F3", "header": "Reporting", "nested": [], "links": [] }, { "text": "6. Definitions \nIn this Act: (1) Law enforcement officer \nThe term law enforcement officer has the meaning given such term in sections 8331(20) and 8401(17) of title 5, United States Code. (2) Veteran \nThe term veteran has the meaning given such term in section 101(2) of title 38, United States Code. (3) Serious military or civil offense \nThe term serious military or civil offense means an offense for which— (A) a member of the Armed Forces may be discharged or separated from service in the Armed Forces; and (B) a punitive discharge is, or would be, authorized for the same or a closely related offense under the Manual for Court-Martial, as pursuant to Army Regulation 635–200 chapter 14–12.", "id": "HC712B922DCD44A6ABF28B4E683E90CB3", "header": "Definitions", "nested": [], "links": [] }, { "text": "4. Technical and conforming amendment \nParagraph (15) of section 411(c) of the Homeland Security Act of 2002 ( 6 U.S.C. 211(c) ) is amended by striking section 3(1) and inserting section 3.", "id": "H4F3FF815B0CE42E48F112C5912F26356", "header": "Technical and conforming amendment", "nested": [], "links": [ { "text": "6 U.S.C. 211(c)", "legal-doc": "usc", "parsable-cite": "usc/6/211" } ] } ]
7
1. Short title This Act may be cited as the Anti-Border Corruption Improvement Act. 2. Hiring flexibility Section 3 of the Anti-Border Corruption Act of 2010 ( Public Law 111–376 ; 6 U.S.C. 221 ) is amended by striking subsection (b) and inserting the following new subsections: (b) Waiver authority The Commissioner of U.S. Customs and Border Protection may waive the application of subsection (a)(1) in the following circumstances: (1) In the case of a current, full-time law enforcement officer employed by a State or local law enforcement agency, if such officer— (A) has served as a law enforcement officer for not fewer than three years with no break in service; (B) is authorized by law to engage in or supervise the prevention, detection, investigation, or prosecution of, or the incarceration of any person for, any violation of law, and has statutory powers for arrest or apprehension; (C) is not currently under investigation, has not been found to have engaged in criminal activity or serious misconduct, has not resigned from a law enforcement officer position under investigation or in lieu of termination, and has not been dismissed from a law enforcement officer position; and (D) has, within the past ten years, successfully completed a polygraph examination, described in subsection (c), as a condition of employment with such officer’s current law enforcement agency. (2) In the case of a current, full-time law enforcement officer employed by a Federal law enforcement agency, if such officer— (A) has served as a law enforcement officer for not fewer than three years with no break in service; (B) has authority to make arrests, conduct investigations, conduct searches, make seizures, carry firearms, and serve orders, warrants, and other processes; (C) is not currently under investigation, has not been found to have engaged in criminal activity or serious misconduct, has not resigned from a law enforcement officer position under investigation or in lieu of termination, and has not been dismissed from a law enforcement officer position; and (D) holds a current background investigation to the level required for service as a law enforcement officer with U.S. Customs and Border Protection. (3) In the case of an individual who is a member of the Armed Forces (or a reserve component thereof) or a veteran, if such individual— (A) has served in the Armed Forces for not fewer than three years; (B) holds, or has held within the past five years, a Secret, Top Secret, or Top Secret/Sensitive Compartmented Information clearance; (C) holds or has undergone and passed a background investigation to the level required for service as a law enforcement officer with U.S. Customs and Border Protection; (D) received, or is eligible to receive, an honorable discharge from service in the Armed Forces and has not engaged in criminal activity or committed a serious military or civil offense under the Uniform Code of Military Justice; and (E) was not granted any waivers to obtain the clearance referred to subparagraph (B). (c) Certain polygraph examination A polygraph examination described in this subsection is a polygraph examination that satisfies requirements established by the Secretary of Homeland Security, in consultation with the Director of National Intelligence.. 3. Supplemental commissioner authority and definitions (a) Supplemental commissioner authority Section 4 of the Anti-Border Corruption Act of 2010 ( Public Law 111–376 ) is amended to read as follows: 4. Supplemental commissioner authority (a) Non-Exemption An individual who receives a waiver under subsection (b) of section 3 shall not be exempt from other hiring requirements relating to suitability for employment and eligibility to hold a national security designated position, as determined by the Commissioner of U.S. Customs and Border Protection. (b) Background investigations Any individual who receives a waiver under subsection (b) of section 3 who holds a current background investigation may be subject to further background investigation to the level required for service as a law enforcement officer with U.S. Customs and Border Protection. (c) Continuous evaluation Any individual who receives a waiver under subsection (b) of section 3 shall not be exempt from any requirement relating to continuous evaluation established by the Commissioner of U.S. Customs and Border Protection. (d) Administration of polygraph examination The Commissioner of U.S. Customs and Border Protection is authorized to administer a polygraph examination to an applicant or employee who is eligible for or receives a waiver under subsection (b) of section 3 if information is discovered prior to the completion of a background investigation that results in a determination that a polygraph examination is necessary to make a final determination regarding suitability for employment or continued employment, as the case may be.. (b) Report The Anti-Border Corruption Act of 2010 is amended by adding at the end the following new section: 5. Reporting Not later than one year after the date of the enactment of this section and every year for the next four years thereafter, the Commissioner of U.S. Customs and Border Protection shall provide the Committee on Homeland Security of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate information on the number, disaggregated with respect to each of paragraphs (1), (2), and (3) of subsection (b) of section 3, of waivers requested, granted, and denied, and the reasons for any such denial, and the final outcome of the application for employment at issue. Such information shall also include the number of instances a polygraph examination was administered under the conditions described in subsection (d) of section 4, the result of such examination, and the final outcome of the application for employment at issue.. (c) Definitions The Anti-Border Corruption Act of 2010, as amended by subsection (b) of this section, is further amended by adding at the end the following new section: 6. Definitions In this Act: (1) Law enforcement officer The term law enforcement officer has the meaning given such term in sections 8331(20) and 8401(17) of title 5, United States Code. (2) Veteran The term veteran has the meaning given such term in section 101(2) of title 38, United States Code. (3) Serious military or civil offense The term serious military or civil offense means an offense for which— (A) a member of the Armed Forces may be discharged or separated from service in the Armed Forces; and (B) a punitive discharge is, or would be, authorized for the same or a closely related offense under the Manual for Court-Martial, as pursuant to Army Regulation 635–200 chapter 14–12.. 4. Supplemental commissioner authority (a) Non-Exemption An individual who receives a waiver under subsection (b) of section 3 shall not be exempt from other hiring requirements relating to suitability for employment and eligibility to hold a national security designated position, as determined by the Commissioner of U.S. Customs and Border Protection. (b) Background investigations Any individual who receives a waiver under subsection (b) of section 3 who holds a current background investigation may be subject to further background investigation to the level required for service as a law enforcement officer with U.S. Customs and Border Protection. (c) Continuous evaluation Any individual who receives a waiver under subsection (b) of section 3 shall not be exempt from any requirement relating to continuous evaluation established by the Commissioner of U.S. Customs and Border Protection. (d) Administration of polygraph examination The Commissioner of U.S. Customs and Border Protection is authorized to administer a polygraph examination to an applicant or employee who is eligible for or receives a waiver under subsection (b) of section 3 if information is discovered prior to the completion of a background investigation that results in a determination that a polygraph examination is necessary to make a final determination regarding suitability for employment or continued employment, as the case may be. 5. Reporting Not later than one year after the date of the enactment of this section and every year for the next four years thereafter, the Commissioner of U.S. Customs and Border Protection shall provide the Committee on Homeland Security of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate information on the number, disaggregated with respect to each of paragraphs (1), (2), and (3) of subsection (b) of section 3, of waivers requested, granted, and denied, and the reasons for any such denial, and the final outcome of the application for employment at issue. Such information shall also include the number of instances a polygraph examination was administered under the conditions described in subsection (d) of section 4, the result of such examination, and the final outcome of the application for employment at issue. 6. Definitions In this Act: (1) Law enforcement officer The term law enforcement officer has the meaning given such term in sections 8331(20) and 8401(17) of title 5, United States Code. (2) Veteran The term veteran has the meaning given such term in section 101(2) of title 38, United States Code. (3) Serious military or civil offense The term serious military or civil offense means an offense for which— (A) a member of the Armed Forces may be discharged or separated from service in the Armed Forces; and (B) a punitive discharge is, or would be, authorized for the same or a closely related offense under the Manual for Court-Martial, as pursuant to Army Regulation 635–200 chapter 14–12. 4. Technical and conforming amendment Paragraph (15) of section 411(c) of the Homeland Security Act of 2002 ( 6 U.S.C. 211(c) ) is amended by striking section 3(1) and inserting section 3.
10,000
[ "Homeland Security Committee" ]
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118
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To divert Federal funding away from supporting the presence of police in schools and toward evidence-based and trauma informed services that address the needs of marginalized students and improve academic outcomes, and for other purposes.
[ { "text": "1. Short title \nThis Act may be cited as the Counseling Not Criminalization in Schools Act.", "id": "H8CD9A008446A4E02B0E6B006F7BE55B3", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Findings \nCongress finds the following: (1) Over the last 50 years, our Nation’s schools have become sites for increased criminalization and surveillance of young people, particularly Black, Native American, and Latino students, immigrant students, students with disabilities, LGBTQI+ students, students experiencing homelessness, students involved in the foster care system, and other historically marginalized students. (2) Despite significant decreases in the rate of serious crimes and violence on school campuses over the past 20 years, improving upon already low rates, 55 percent of high school students, 38 percent of middle school students, and 18 percent of elementary school students attended a school with a police officer during the 2017–2018 school year. (3) Since 1999, the Federal Government has invested more than $1,000,000,000 to subsidize the placement of police in schools, resulting in more than 50,000 law enforcement officers patrolling the halls of elementary and secondary public schools across the Nation. (4) A growing body of research has not found any evidence that police stationed on school campuses make schools safer, and the presence of police has been shown to increase the likelihood that children will be arrested. (5) Research has shown that schools with a designated law enforcement officer on duty arrested students at 5 times the rate of comparable schools without such an officer. (6) When police are present in schools, students of color face an increased risk of being assaulted by police. Student-recorded videos of police violence in schools regularly circulate through news channels, articles, and social media, exposing violence perpetrated by police within schoolhouse gates. Between 2011 and 2021, news reports detailed at least 285 police assaults of students. (7) Black, Native American, and Latino students are more likely than their White peers to attend schools with police officers on campus and are more likely to be referred to law enforcement or arrested while in school. (8) Black students represent 31 percent of all school-related arrests, despite making up only 15 percent of all public school students. Native American and Pacific Islander and Native Hawaiian students are more than twice as likely to be arrested as White students. (9) Students with disabilities are more likely than their peers without disabilities to be referred to law enforcement or arrested. Students of color with disabilities are more likely to be referred to law enforcement than either their White peers with disabilities, or their peers of color without disabilities. (10) Students with disabilities are also disproportionately restrained and secluded in schools. Of the 74,813 students who were physically or mechanically restrained during the 2017–2018 school year, 78 percent received special education services. Of the 27,499 students who were secluded during the 2017–2018 school year, 77 percent received special education services. According to a 2020 Government Accountability Office report, 70 percent of school districts report zero incidents of restraint and seclusion, but only 30 of the Nation’s 17,000 school districts are required to verify the number of incidents of restraint and seclusion, likely resulting in a significant undercount of these harmful practices. (11) According to the Department of Education, while Black girls comprise only 16 percent of girls in elementary and secondary schools, they make up 42 percent of girls receiving the most severe forms of school discipline and severe punishment, such as corporal punishment, and represent 34 percent of girls arrested on campus. In the 2017–2018 school year, Black girls were 4 times more likely than White girls to be suspended or expelled. Black girls were also 3 times more likely to be referred to law enforcement and over 3 times more likely to be arrested in school. (12) Research shows that these racial disparities in discipline rates are not a result of differences in student behavior, but instead reflect the ways in which students of color face more punitive discipline than their White peers for similar behavior. (13) Students who are LGBTQI+ often have intersecting marginalized identities and experience exclusionary discipline at disproportionate rates that make it more likely they will interact with the juvenile justice system than their non-LGBTQI+ peers. A survey of juvenile justice facilities found 40 percent of girls and 20 percent of all detained youth identified as LGBTQI+, and the overwhelming majority (85 percent) of LGBTQI+ detained youth were youth of color. (14) Students who are suspended or expelled are nearly 3 times more likely to be in contact with the juvenile justice system the following year. (15) According to the Federal Bureau of Investigation, more than 30,000 children under the age of 10 were arrested since 2013. On school campuses, more than 290,000 students were referred to law enforcement. The United States spends $240 daily, on average, per youth detained in juvenile facilities. (16) While schools should be sanctuaries for all students, reports have shown instances where police in schools collect tips and disciplinary information from teachers and school administrators and share it with U.S. Immigration and Customs Enforcement agents to build deportation cases against students and their families. (17) School hardening, including the presence of law enforcement officers on campus, causes students to experience higher levels of fear, perpetuates the school to prison pipeline, and undermines the ability of schools and educators to build learning environments based on mutual trust, respect, and safety. (18) Ninety percent of students are in public schools where the number of counselors, social workers, nurses, and psychologists do not meet recommended professional standards. Professional standards recommend at least 1 counselor and 1 social worker for every 250 students and at least 1 nurse and 1 psychologist for every 750 students and every 700 students, respectively. (19) 1,700,000 students attend schools with police but not 1 counselor. (20) 3,000,000 students attend schools with police but not 1 school nurse. (21) 6,000,000 students attend schools with police but not 1 school psychologist. (22) 10,000,000 students attend schools with police but not 1 social worker.", "id": "H36F34F49282B4293B16E4CE7BB51205A", "header": "Findings", "nested": [], "links": [] }, { "text": "3. Purpose \nIt is the purpose of this Act to— (1) address the needs of marginalized students, ensure schools are welcoming for students, and improve academic outcomes by eliminating Federal funding for maintaining the presence of covered law enforcement officers in schools and establishing a continuum of care and positive schoolwide systems of services that are evidence-based, inclusive, racially and gender responsive, and trauma informed; and (2) support local educational agencies that choose to terminate their contracts with local law enforcement agencies or, where applicable, dissolve or disband district-based police departments, and invest resources in personnel and services that create safe and inclusive schools for all students based on community engagement and deliberative consultation.", "id": "HDEAC997F36DE4FC3B5DEEDC2C76CFEFE", "header": "Purpose", "nested": [], "links": [] }, { "text": "4. Definitions \nIn this Act: (1) ESEA terms \nThe terms elementary school , evidence-based , local educational agency , parent , professional development , school leader , secondary school , Secretary , and specialized instructional support personnel have the meaning given those terms in section 8101 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7801 ). (2) Covered program \nThe term covered program means— (A) all the operations of an elementary school, a secondary school, or a local educational agency; or (B) a program that serves children who receive services for which financial assistance is provided in accordance with the Head Start Act ( 42 U.S.C. 9831 et seq. ). (3) Credible messenger \nThe term credible messenger means any individual who serves as a mentor, is from the same communities in which the students and families they serve live, and whose lived experiences serve as a credential in their work to provide guidance, empowerment, support, and encouragement to students and their families with whom the credible messenger has shared or similar experiences. Shared experiences include being a person of color, being directly impacted or having involvement in the legal system, having involvement in the child welfare system, being directly impacted by exclusionary school discipline and policing in schools, having experienced housing instability, having a disability, or identifying as LGBTQI+. (4) Positive behavioral interventions and supports \nThe term positive behavioral interventions and supports means— (A) a schoolwide, systematic approach that embeds evidence-based practices and data-driven decision making to improve school climate and culture in order to achieve improved academic and social outcomes and increase learning for all students (including students with the most complex and intensive behavioral needs); and (B) encompasses a range of systemic and individualized positive strategies to teach and reinforce school-expected behaviors, while discouraging and diminishing undesirable behaviors. (5) Covered law enforcement officer \nThe term covered law enforcement officer — (A) means any person who— (i) is a State, Tribal, or local law enforcement officer (as defined in section 1204 of the Omnibus Crime Control and Safe Streets Act of 1968 ( 34 U.S.C. 10284 )); and (ii) is assigned by the employing law enforcement agency to a covered program, who is contracting with a covered program, or who is employed by a covered program; and (B) includes an individual referred to as a school resource officer if that individual meets the definition in subparagraph (A). (6) Trauma-informed services \nThe term trauma-informed services means a service delivery approach that— (A) recognizes and responds to the impacts of trauma with evidence-based supports and intervention; (B) emphasizes physical, psychological, and emotional safety for both providers of services and survivors of trauma; and (C) creates opportunities for survivors of trauma to rebuild a sense of healing and empowerment.", "id": "H281EC23068FB4073AD712EE8BD72718A", "header": "Definitions", "nested": [], "links": [ { "text": "20 U.S.C. 7801", "legal-doc": "usc", "parsable-cite": "usc/20/7801" }, { "text": "42 U.S.C. 9831 et seq.", "legal-doc": "usc", "parsable-cite": "usc/42/9831" }, { "text": "34 U.S.C. 10284", "legal-doc": "usc", "parsable-cite": "usc/34/10284" } ] }, { "text": "5. Prohibition of Federal funds for police in schools \n(a) Federal funds prohibition \nNotwithstanding the Omnibus Crime Control and Safe Streets Act of 1968 ( 34 U.S.C. 10101 et seq. ), including subpart 1 of part E of title I of that Act ( 34 U.S.C. 10151 et seq. ) (relating to the Edward Byrne Memorial Justice Assistance Grant Program) and part Q of title I of that Act ( 34 U.S.C. 13081 et seq. ) (relating to the Cops on the Beat grant program), or any other provision of law, no Federal funds may be appropriated or used for hiring, maintaining, or training covered law enforcement officers in any capacity. (b) COPS grant program \nSection 1701 of title I of the Omnibus Crime Control and Safe Streets Act of 1968 ( 34 U.S.C. 10381 ) is amended— (1) in subsection (b)— (A) by striking paragraph (12); (B) by redesignating paragraphs (13) through (23) as paragraphs (12) through (22), respectively; and (C) in paragraph (21), as so redesignated, by striking through (21) and inserting through (20) ; and (2) by adding at the end the following: (n) Prohibition on use of funds for covered law enforcement officers \nA recipient of a grant under this part may not use the grant funds for covered law enforcement officers (as defined in section 4 of the Counseling Not Criminalization in Schools Act )..", "id": "HCB799D4CC94E495BB8B98E61FF5C4991", "header": "Prohibition of Federal funds for police in schools", "nested": [ { "text": "(a) Federal funds prohibition \nNotwithstanding the Omnibus Crime Control and Safe Streets Act of 1968 ( 34 U.S.C. 10101 et seq. ), including subpart 1 of part E of title I of that Act ( 34 U.S.C. 10151 et seq. ) (relating to the Edward Byrne Memorial Justice Assistance Grant Program) and part Q of title I of that Act ( 34 U.S.C. 13081 et seq. ) (relating to the Cops on the Beat grant program), or any other provision of law, no Federal funds may be appropriated or used for hiring, maintaining, or training covered law enforcement officers in any capacity.", "id": "HEA0F799980A34C24B5B14B9FAA8FABA7", "header": "Federal funds prohibition", "nested": [], "links": [ { "text": "34 U.S.C. 10101 et seq.", "legal-doc": "usc", "parsable-cite": "usc/34/10101" }, { "text": "34 U.S.C. 10151 et seq.", "legal-doc": "usc", "parsable-cite": "usc/34/10151" }, { "text": "34 U.S.C. 13081 et seq.", "legal-doc": "usc", "parsable-cite": "usc/34/13081" } ] }, { "text": "(b) COPS grant program \nSection 1701 of title I of the Omnibus Crime Control and Safe Streets Act of 1968 ( 34 U.S.C. 10381 ) is amended— (1) in subsection (b)— (A) by striking paragraph (12); (B) by redesignating paragraphs (13) through (23) as paragraphs (12) through (22), respectively; and (C) in paragraph (21), as so redesignated, by striking through (21) and inserting through (20) ; and (2) by adding at the end the following: (n) Prohibition on use of funds for covered law enforcement officers \nA recipient of a grant under this part may not use the grant funds for covered law enforcement officers (as defined in section 4 of the Counseling Not Criminalization in Schools Act )..", "id": "HB69C8BE6EB6A4196949D22FFA4556FC5", "header": "COPS grant program", "nested": [], "links": [ { "text": "34 U.S.C. 10381", "legal-doc": "usc", "parsable-cite": "usc/34/10381" } ] } ], "links": [ { "text": "34 U.S.C. 10101 et seq.", "legal-doc": "usc", "parsable-cite": "usc/34/10101" }, { "text": "34 U.S.C. 10151 et seq.", "legal-doc": "usc", "parsable-cite": "usc/34/10151" }, { "text": "34 U.S.C. 13081 et seq.", "legal-doc": "usc", "parsable-cite": "usc/34/13081" }, { "text": "34 U.S.C. 10381", "legal-doc": "usc", "parsable-cite": "usc/34/10381" } ] }, { "text": "6. Supporting local educational agencies in transitioning away from police in schools \n(a) Grant program established \nThe Secretary of Education shall award grants, on a competitive and rolling basis, to local educational agencies to enable those local educational agencies— (1) to replace covered law enforcement officers in elementary and secondary schools with personnel and services that support mental health and trauma-informed services; and (2) to reform school safety and disciplinary policies so they reflect evidence-based practices that do not rely on the criminal justice system and provide the necessary staff training and support to implement such policies. (b) Application \nA local educational agency desiring a grant under this section shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require, including an assurance that— (1) the local educational agency will not have covered law enforcement officers stationed on school campuses, including by terminating any existing contract with local law enforcement or, where applicable, dissolving school district-based police departments, at least 30 days prior to the entity receiving funds under this section; and (2) the local educational agency will not establish any new contract with law enforcement or create its own school police department for the duration of the grant. (c) Priority \nIn awarding grants under this section, the Secretary shall give priority to— (1) local educational agencies that terminated their contract with local law enforcement or dissolved their school district-based police department prior to submitting an application and provide assurances that the local educational agency will not create or restart a contract with State or local law enforcement, create or reinstate a school district police department, or create or restart a program of other law enforcement or armed school personnel during the duration of the grant; (2) local educational agencies with a larger share of students who are economically disadvantaged, in the event that funds are insufficient to award grants to all eligible applicants; and (3) local educational agencies that— (A) identify the uses of funds in subsection (d) based on meaningful community engagement; and (B) establish ongoing stakeholder oversight, guidance, and coordination of the proposed activities or policies with a broad group of stakeholders, including any groups of students, as well as their families, who have been disproportionately arrested, suspended, or expelled, to ensure proposed activities and policies mitigate disparities in the use of exclusionary discipline and promote a positive school culture. (d) Uses of funds \n(1) Required use \nA local educational agency receiving funds under this section shall use such grant funds to hire, maintain, or train school counselors, school psychologists, nurses, social workers, credible messengers, community health workers and trauma-informed personnel, dedicated staff specifically trained in deescalation and violence interruption practices, staff trained in anti-bias practices, doctoral level specialists in behavior planning and intervention, or other specialists or individuals with expertise in school climate and behavior. (2) Permitted uses \nIn addition to the required use described in paragraph (1), a local educational agency receiving funds under this section may also use grant funds to carry out 1 or more of the following: (A) Implementing schoolwide positive behavioral interventions and supports, restorative justice programs and interventions, mediators, social and emotional learning programs, or other evidence-based trauma-informed services. (B) Providing ongoing professional development to teachers, teacher assistants, school leaders, counselors, specialized instructional support personnel, credible messengers, and mental health professionals that— (i) fosters safe, inclusive, and stable learning environments that support the social, emotional, mental, and academic well-being of students and prevent and mitigate the effects of trauma, including through social and emotional learning; (ii) improves school capacity to identify, refer, and provide services to students in need of trauma support services; (iii) reflects the best practices for trauma-informed identification, referral, and support developed by the Interagency Task Force on Trauma-Informed Care; (iv) reduces the number of students with disabilities experiencing school discipline for their disability-related behavior through specific training on the identification, development, and implementation of Behavior Intervention Plans (BIPs); and (v) reduces the number of Black, Latino, Native American, and LGBTQI+ students who are subjected to punitive discipline practices rather than trauma-informed services and supports. (e) Prohibition \nNo portion of any grant funds awarded under this section may be used for— (1) the development, establishment, implementation, or enforcement of punitive school discipline policies, including the commission, contracting of, or agreements with, law enforcement that support the presence of police in schools, including formal or informal partnerships or data and information sharing agreements with the Department of Justice or Secretary of Homeland Security, including U. S. Immigration and Customs Enforcement or U. S. Customs and Border Protection; (2) the purchase, maintenance, or installation of surveillance equipment or programs, including metal detectors, surveillance cameras, facial recognition technology, or software programs that monitor or mine the social media use or technology use of students; or (3) arming teachers, principals, school leaders, or other school personnel. (f) Grant amounts \nThe amount of grant funds received under this section by a local educational agency shall be based on the number of students enrolled in the local educational agency. (g) Reporting \n(1) In General \nEach local educational agency receiving a grant under this section shall prepare and submit an annual report to the Secretary containing the information described in paragraph (2). Such report shall be made publicly available. (2) Contents \nSubject to paragraph (3), the report described in paragraph (1) shall include information about— (A) how the grant funds were used; (B) the number and percentage of students who were arrested by or referred to law enforcement officers in the previous year compared to the number and percentage arrested or referred during the term of the grant; (C) in the aggregate, the reasons for those arrests; (D) demographic data of students arrested or referred to law enforcement officers, disaggregated and cross-tabulated by race, ethnicity, age, gender, status as a child with a disability, and whether the student is eligible for a free or reduced price lunch under the Richard B. Russell National School Lunch Act ( 42 U.S.C. 1751 et seq. ); (E) the number of metal detectors and surveillance cameras used by each school served by the local educational agency, as well as policies governing the use of these devices; (F) whether facial recognition technology is used by the local educational agency, and if so, the policies governing the use of such technology; and (G) whether software programs that monitor or mine the social media use or technology use of students or the families of students are used by, or at the direction of, the local educational agency, and if so, the contract with the provider of those software programs as well as the policies governing the use of such programs. (3) Personally identifiable information \nCollection or disaggregation of information shall not be required under subparagraphs (B) through (D) of paragraph (2) to the extent that such collection or disaggregation would reveal personally identifiable information about an individual student or otherwise violate privacy laws. (h) Supplement not supplant \nA local educational agency shall use Federal funds received under this section only to supplement the funds that would, in the absence of such Federal funds, be made available from State and local sources for the activities described in subsection (d), and not to supplant such funds (i) Authorization of appropriations \nThere are authorized to be appropriated to carry out this section $5,000,000,000.", "id": "H763C74DBEDEE4E89AAD994D4ECFA82D1", "header": "Supporting local educational agencies in transitioning away from police in schools", "nested": [ { "text": "(a) Grant program established \nThe Secretary of Education shall award grants, on a competitive and rolling basis, to local educational agencies to enable those local educational agencies— (1) to replace covered law enforcement officers in elementary and secondary schools with personnel and services that support mental health and trauma-informed services; and (2) to reform school safety and disciplinary policies so they reflect evidence-based practices that do not rely on the criminal justice system and provide the necessary staff training and support to implement such policies.", "id": "H37105ED9D1C8446390AF76CEE8C34408", "header": "Grant program established", "nested": [], "links": [] }, { "text": "(b) Application \nA local educational agency desiring a grant under this section shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require, including an assurance that— (1) the local educational agency will not have covered law enforcement officers stationed on school campuses, including by terminating any existing contract with local law enforcement or, where applicable, dissolving school district-based police departments, at least 30 days prior to the entity receiving funds under this section; and (2) the local educational agency will not establish any new contract with law enforcement or create its own school police department for the duration of the grant.", "id": "H5CA6FB3EFAC046A58D42D5A6BBFD4B9A", "header": "Application", "nested": [], "links": [] }, { "text": "(c) Priority \nIn awarding grants under this section, the Secretary shall give priority to— (1) local educational agencies that terminated their contract with local law enforcement or dissolved their school district-based police department prior to submitting an application and provide assurances that the local educational agency will not create or restart a contract with State or local law enforcement, create or reinstate a school district police department, or create or restart a program of other law enforcement or armed school personnel during the duration of the grant; (2) local educational agencies with a larger share of students who are economically disadvantaged, in the event that funds are insufficient to award grants to all eligible applicants; and (3) local educational agencies that— (A) identify the uses of funds in subsection (d) based on meaningful community engagement; and (B) establish ongoing stakeholder oversight, guidance, and coordination of the proposed activities or policies with a broad group of stakeholders, including any groups of students, as well as their families, who have been disproportionately arrested, suspended, or expelled, to ensure proposed activities and policies mitigate disparities in the use of exclusionary discipline and promote a positive school culture.", "id": "H4AFA4EAE21214F56B36D7F370A9B65E4", "header": "Priority", "nested": [], "links": [] }, { "text": "(d) Uses of funds \n(1) Required use \nA local educational agency receiving funds under this section shall use such grant funds to hire, maintain, or train school counselors, school psychologists, nurses, social workers, credible messengers, community health workers and trauma-informed personnel, dedicated staff specifically trained in deescalation and violence interruption practices, staff trained in anti-bias practices, doctoral level specialists in behavior planning and intervention, or other specialists or individuals with expertise in school climate and behavior. (2) Permitted uses \nIn addition to the required use described in paragraph (1), a local educational agency receiving funds under this section may also use grant funds to carry out 1 or more of the following: (A) Implementing schoolwide positive behavioral interventions and supports, restorative justice programs and interventions, mediators, social and emotional learning programs, or other evidence-based trauma-informed services. (B) Providing ongoing professional development to teachers, teacher assistants, school leaders, counselors, specialized instructional support personnel, credible messengers, and mental health professionals that— (i) fosters safe, inclusive, and stable learning environments that support the social, emotional, mental, and academic well-being of students and prevent and mitigate the effects of trauma, including through social and emotional learning; (ii) improves school capacity to identify, refer, and provide services to students in need of trauma support services; (iii) reflects the best practices for trauma-informed identification, referral, and support developed by the Interagency Task Force on Trauma-Informed Care; (iv) reduces the number of students with disabilities experiencing school discipline for their disability-related behavior through specific training on the identification, development, and implementation of Behavior Intervention Plans (BIPs); and (v) reduces the number of Black, Latino, Native American, and LGBTQI+ students who are subjected to punitive discipline practices rather than trauma-informed services and supports.", "id": "HAF3FE5098D964232B588D731CAF4D453", "header": "Uses of funds", "nested": [], "links": [] }, { "text": "(e) Prohibition \nNo portion of any grant funds awarded under this section may be used for— (1) the development, establishment, implementation, or enforcement of punitive school discipline policies, including the commission, contracting of, or agreements with, law enforcement that support the presence of police in schools, including formal or informal partnerships or data and information sharing agreements with the Department of Justice or Secretary of Homeland Security, including U. S. Immigration and Customs Enforcement or U. S. Customs and Border Protection; (2) the purchase, maintenance, or installation of surveillance equipment or programs, including metal detectors, surveillance cameras, facial recognition technology, or software programs that monitor or mine the social media use or technology use of students; or (3) arming teachers, principals, school leaders, or other school personnel.", "id": "HD9697834F0164C45981E9AAA46D8C2B9", "header": "Prohibition", "nested": [], "links": [] }, { "text": "(f) Grant amounts \nThe amount of grant funds received under this section by a local educational agency shall be based on the number of students enrolled in the local educational agency.", "id": "H45E79C594F9645DBB886D513C230085F", "header": "Grant amounts", "nested": [], "links": [] }, { "text": "(g) Reporting \n(1) In General \nEach local educational agency receiving a grant under this section shall prepare and submit an annual report to the Secretary containing the information described in paragraph (2). Such report shall be made publicly available. (2) Contents \nSubject to paragraph (3), the report described in paragraph (1) shall include information about— (A) how the grant funds were used; (B) the number and percentage of students who were arrested by or referred to law enforcement officers in the previous year compared to the number and percentage arrested or referred during the term of the grant; (C) in the aggregate, the reasons for those arrests; (D) demographic data of students arrested or referred to law enforcement officers, disaggregated and cross-tabulated by race, ethnicity, age, gender, status as a child with a disability, and whether the student is eligible for a free or reduced price lunch under the Richard B. Russell National School Lunch Act ( 42 U.S.C. 1751 et seq. ); (E) the number of metal detectors and surveillance cameras used by each school served by the local educational agency, as well as policies governing the use of these devices; (F) whether facial recognition technology is used by the local educational agency, and if so, the policies governing the use of such technology; and (G) whether software programs that monitor or mine the social media use or technology use of students or the families of students are used by, or at the direction of, the local educational agency, and if so, the contract with the provider of those software programs as well as the policies governing the use of such programs. (3) Personally identifiable information \nCollection or disaggregation of information shall not be required under subparagraphs (B) through (D) of paragraph (2) to the extent that such collection or disaggregation would reveal personally identifiable information about an individual student or otherwise violate privacy laws.", "id": "HE6D952C4A702412DB52E8CB1F97E1550", "header": "Reporting", "nested": [], "links": [ { "text": "42 U.S.C. 1751 et seq.", "legal-doc": "usc", "parsable-cite": "usc/42/1751" } ] }, { "text": "(h) Supplement not supplant \nA local educational agency shall use Federal funds received under this section only to supplement the funds that would, in the absence of such Federal funds, be made available from State and local sources for the activities described in subsection (d), and not to supplant such funds", "id": "HC884FDC8D7DC4703A5162FB00A2B2B9B", "header": "Supplement not supplant", "nested": [], "links": [] }, { "text": "(i) Authorization of appropriations \nThere are authorized to be appropriated to carry out this section $5,000,000,000.", "id": "H7E1E24A15E974A4CB44A50BE6E6771F7", "header": "Authorization of appropriations", "nested": [], "links": [] } ], "links": [ { "text": "42 U.S.C. 1751 et seq.", "legal-doc": "usc", "parsable-cite": "usc/42/1751" } ] } ]
6
1. Short title This Act may be cited as the Counseling Not Criminalization in Schools Act. 2. Findings Congress finds the following: (1) Over the last 50 years, our Nation’s schools have become sites for increased criminalization and surveillance of young people, particularly Black, Native American, and Latino students, immigrant students, students with disabilities, LGBTQI+ students, students experiencing homelessness, students involved in the foster care system, and other historically marginalized students. (2) Despite significant decreases in the rate of serious crimes and violence on school campuses over the past 20 years, improving upon already low rates, 55 percent of high school students, 38 percent of middle school students, and 18 percent of elementary school students attended a school with a police officer during the 2017–2018 school year. (3) Since 1999, the Federal Government has invested more than $1,000,000,000 to subsidize the placement of police in schools, resulting in more than 50,000 law enforcement officers patrolling the halls of elementary and secondary public schools across the Nation. (4) A growing body of research has not found any evidence that police stationed on school campuses make schools safer, and the presence of police has been shown to increase the likelihood that children will be arrested. (5) Research has shown that schools with a designated law enforcement officer on duty arrested students at 5 times the rate of comparable schools without such an officer. (6) When police are present in schools, students of color face an increased risk of being assaulted by police. Student-recorded videos of police violence in schools regularly circulate through news channels, articles, and social media, exposing violence perpetrated by police within schoolhouse gates. Between 2011 and 2021, news reports detailed at least 285 police assaults of students. (7) Black, Native American, and Latino students are more likely than their White peers to attend schools with police officers on campus and are more likely to be referred to law enforcement or arrested while in school. (8) Black students represent 31 percent of all school-related arrests, despite making up only 15 percent of all public school students. Native American and Pacific Islander and Native Hawaiian students are more than twice as likely to be arrested as White students. (9) Students with disabilities are more likely than their peers without disabilities to be referred to law enforcement or arrested. Students of color with disabilities are more likely to be referred to law enforcement than either their White peers with disabilities, or their peers of color without disabilities. (10) Students with disabilities are also disproportionately restrained and secluded in schools. Of the 74,813 students who were physically or mechanically restrained during the 2017–2018 school year, 78 percent received special education services. Of the 27,499 students who were secluded during the 2017–2018 school year, 77 percent received special education services. According to a 2020 Government Accountability Office report, 70 percent of school districts report zero incidents of restraint and seclusion, but only 30 of the Nation’s 17,000 school districts are required to verify the number of incidents of restraint and seclusion, likely resulting in a significant undercount of these harmful practices. (11) According to the Department of Education, while Black girls comprise only 16 percent of girls in elementary and secondary schools, they make up 42 percent of girls receiving the most severe forms of school discipline and severe punishment, such as corporal punishment, and represent 34 percent of girls arrested on campus. In the 2017–2018 school year, Black girls were 4 times more likely than White girls to be suspended or expelled. Black girls were also 3 times more likely to be referred to law enforcement and over 3 times more likely to be arrested in school. (12) Research shows that these racial disparities in discipline rates are not a result of differences in student behavior, but instead reflect the ways in which students of color face more punitive discipline than their White peers for similar behavior. (13) Students who are LGBTQI+ often have intersecting marginalized identities and experience exclusionary discipline at disproportionate rates that make it more likely they will interact with the juvenile justice system than their non-LGBTQI+ peers. A survey of juvenile justice facilities found 40 percent of girls and 20 percent of all detained youth identified as LGBTQI+, and the overwhelming majority (85 percent) of LGBTQI+ detained youth were youth of color. (14) Students who are suspended or expelled are nearly 3 times more likely to be in contact with the juvenile justice system the following year. (15) According to the Federal Bureau of Investigation, more than 30,000 children under the age of 10 were arrested since 2013. On school campuses, more than 290,000 students were referred to law enforcement. The United States spends $240 daily, on average, per youth detained in juvenile facilities. (16) While schools should be sanctuaries for all students, reports have shown instances where police in schools collect tips and disciplinary information from teachers and school administrators and share it with U.S. Immigration and Customs Enforcement agents to build deportation cases against students and their families. (17) School hardening, including the presence of law enforcement officers on campus, causes students to experience higher levels of fear, perpetuates the school to prison pipeline, and undermines the ability of schools and educators to build learning environments based on mutual trust, respect, and safety. (18) Ninety percent of students are in public schools where the number of counselors, social workers, nurses, and psychologists do not meet recommended professional standards. Professional standards recommend at least 1 counselor and 1 social worker for every 250 students and at least 1 nurse and 1 psychologist for every 750 students and every 700 students, respectively. (19) 1,700,000 students attend schools with police but not 1 counselor. (20) 3,000,000 students attend schools with police but not 1 school nurse. (21) 6,000,000 students attend schools with police but not 1 school psychologist. (22) 10,000,000 students attend schools with police but not 1 social worker. 3. Purpose It is the purpose of this Act to— (1) address the needs of marginalized students, ensure schools are welcoming for students, and improve academic outcomes by eliminating Federal funding for maintaining the presence of covered law enforcement officers in schools and establishing a continuum of care and positive schoolwide systems of services that are evidence-based, inclusive, racially and gender responsive, and trauma informed; and (2) support local educational agencies that choose to terminate their contracts with local law enforcement agencies or, where applicable, dissolve or disband district-based police departments, and invest resources in personnel and services that create safe and inclusive schools for all students based on community engagement and deliberative consultation. 4. Definitions In this Act: (1) ESEA terms The terms elementary school , evidence-based , local educational agency , parent , professional development , school leader , secondary school , Secretary , and specialized instructional support personnel have the meaning given those terms in section 8101 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7801 ). (2) Covered program The term covered program means— (A) all the operations of an elementary school, a secondary school, or a local educational agency; or (B) a program that serves children who receive services for which financial assistance is provided in accordance with the Head Start Act ( 42 U.S.C. 9831 et seq. ). (3) Credible messenger The term credible messenger means any individual who serves as a mentor, is from the same communities in which the students and families they serve live, and whose lived experiences serve as a credential in their work to provide guidance, empowerment, support, and encouragement to students and their families with whom the credible messenger has shared or similar experiences. Shared experiences include being a person of color, being directly impacted or having involvement in the legal system, having involvement in the child welfare system, being directly impacted by exclusionary school discipline and policing in schools, having experienced housing instability, having a disability, or identifying as LGBTQI+. (4) Positive behavioral interventions and supports The term positive behavioral interventions and supports means— (A) a schoolwide, systematic approach that embeds evidence-based practices and data-driven decision making to improve school climate and culture in order to achieve improved academic and social outcomes and increase learning for all students (including students with the most complex and intensive behavioral needs); and (B) encompasses a range of systemic and individualized positive strategies to teach and reinforce school-expected behaviors, while discouraging and diminishing undesirable behaviors. (5) Covered law enforcement officer The term covered law enforcement officer — (A) means any person who— (i) is a State, Tribal, or local law enforcement officer (as defined in section 1204 of the Omnibus Crime Control and Safe Streets Act of 1968 ( 34 U.S.C. 10284 )); and (ii) is assigned by the employing law enforcement agency to a covered program, who is contracting with a covered program, or who is employed by a covered program; and (B) includes an individual referred to as a school resource officer if that individual meets the definition in subparagraph (A). (6) Trauma-informed services The term trauma-informed services means a service delivery approach that— (A) recognizes and responds to the impacts of trauma with evidence-based supports and intervention; (B) emphasizes physical, psychological, and emotional safety for both providers of services and survivors of trauma; and (C) creates opportunities for survivors of trauma to rebuild a sense of healing and empowerment. 5. Prohibition of Federal funds for police in schools (a) Federal funds prohibition Notwithstanding the Omnibus Crime Control and Safe Streets Act of 1968 ( 34 U.S.C. 10101 et seq. ), including subpart 1 of part E of title I of that Act ( 34 U.S.C. 10151 et seq. ) (relating to the Edward Byrne Memorial Justice Assistance Grant Program) and part Q of title I of that Act ( 34 U.S.C. 13081 et seq. ) (relating to the Cops on the Beat grant program), or any other provision of law, no Federal funds may be appropriated or used for hiring, maintaining, or training covered law enforcement officers in any capacity. (b) COPS grant program Section 1701 of title I of the Omnibus Crime Control and Safe Streets Act of 1968 ( 34 U.S.C. 10381 ) is amended— (1) in subsection (b)— (A) by striking paragraph (12); (B) by redesignating paragraphs (13) through (23) as paragraphs (12) through (22), respectively; and (C) in paragraph (21), as so redesignated, by striking through (21) and inserting through (20) ; and (2) by adding at the end the following: (n) Prohibition on use of funds for covered law enforcement officers A recipient of a grant under this part may not use the grant funds for covered law enforcement officers (as defined in section 4 of the Counseling Not Criminalization in Schools Act ).. 6. Supporting local educational agencies in transitioning away from police in schools (a) Grant program established The Secretary of Education shall award grants, on a competitive and rolling basis, to local educational agencies to enable those local educational agencies— (1) to replace covered law enforcement officers in elementary and secondary schools with personnel and services that support mental health and trauma-informed services; and (2) to reform school safety and disciplinary policies so they reflect evidence-based practices that do not rely on the criminal justice system and provide the necessary staff training and support to implement such policies. (b) Application A local educational agency desiring a grant under this section shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require, including an assurance that— (1) the local educational agency will not have covered law enforcement officers stationed on school campuses, including by terminating any existing contract with local law enforcement or, where applicable, dissolving school district-based police departments, at least 30 days prior to the entity receiving funds under this section; and (2) the local educational agency will not establish any new contract with law enforcement or create its own school police department for the duration of the grant. (c) Priority In awarding grants under this section, the Secretary shall give priority to— (1) local educational agencies that terminated their contract with local law enforcement or dissolved their school district-based police department prior to submitting an application and provide assurances that the local educational agency will not create or restart a contract with State or local law enforcement, create or reinstate a school district police department, or create or restart a program of other law enforcement or armed school personnel during the duration of the grant; (2) local educational agencies with a larger share of students who are economically disadvantaged, in the event that funds are insufficient to award grants to all eligible applicants; and (3) local educational agencies that— (A) identify the uses of funds in subsection (d) based on meaningful community engagement; and (B) establish ongoing stakeholder oversight, guidance, and coordination of the proposed activities or policies with a broad group of stakeholders, including any groups of students, as well as their families, who have been disproportionately arrested, suspended, or expelled, to ensure proposed activities and policies mitigate disparities in the use of exclusionary discipline and promote a positive school culture. (d) Uses of funds (1) Required use A local educational agency receiving funds under this section shall use such grant funds to hire, maintain, or train school counselors, school psychologists, nurses, social workers, credible messengers, community health workers and trauma-informed personnel, dedicated staff specifically trained in deescalation and violence interruption practices, staff trained in anti-bias practices, doctoral level specialists in behavior planning and intervention, or other specialists or individuals with expertise in school climate and behavior. (2) Permitted uses In addition to the required use described in paragraph (1), a local educational agency receiving funds under this section may also use grant funds to carry out 1 or more of the following: (A) Implementing schoolwide positive behavioral interventions and supports, restorative justice programs and interventions, mediators, social and emotional learning programs, or other evidence-based trauma-informed services. (B) Providing ongoing professional development to teachers, teacher assistants, school leaders, counselors, specialized instructional support personnel, credible messengers, and mental health professionals that— (i) fosters safe, inclusive, and stable learning environments that support the social, emotional, mental, and academic well-being of students and prevent and mitigate the effects of trauma, including through social and emotional learning; (ii) improves school capacity to identify, refer, and provide services to students in need of trauma support services; (iii) reflects the best practices for trauma-informed identification, referral, and support developed by the Interagency Task Force on Trauma-Informed Care; (iv) reduces the number of students with disabilities experiencing school discipline for their disability-related behavior through specific training on the identification, development, and implementation of Behavior Intervention Plans (BIPs); and (v) reduces the number of Black, Latino, Native American, and LGBTQI+ students who are subjected to punitive discipline practices rather than trauma-informed services and supports. (e) Prohibition No portion of any grant funds awarded under this section may be used for— (1) the development, establishment, implementation, or enforcement of punitive school discipline policies, including the commission, contracting of, or agreements with, law enforcement that support the presence of police in schools, including formal or informal partnerships or data and information sharing agreements with the Department of Justice or Secretary of Homeland Security, including U. S. Immigration and Customs Enforcement or U. S. Customs and Border Protection; (2) the purchase, maintenance, or installation of surveillance equipment or programs, including metal detectors, surveillance cameras, facial recognition technology, or software programs that monitor or mine the social media use or technology use of students; or (3) arming teachers, principals, school leaders, or other school personnel. (f) Grant amounts The amount of grant funds received under this section by a local educational agency shall be based on the number of students enrolled in the local educational agency. (g) Reporting (1) In General Each local educational agency receiving a grant under this section shall prepare and submit an annual report to the Secretary containing the information described in paragraph (2). Such report shall be made publicly available. (2) Contents Subject to paragraph (3), the report described in paragraph (1) shall include information about— (A) how the grant funds were used; (B) the number and percentage of students who were arrested by or referred to law enforcement officers in the previous year compared to the number and percentage arrested or referred during the term of the grant; (C) in the aggregate, the reasons for those arrests; (D) demographic data of students arrested or referred to law enforcement officers, disaggregated and cross-tabulated by race, ethnicity, age, gender, status as a child with a disability, and whether the student is eligible for a free or reduced price lunch under the Richard B. Russell National School Lunch Act ( 42 U.S.C. 1751 et seq. ); (E) the number of metal detectors and surveillance cameras used by each school served by the local educational agency, as well as policies governing the use of these devices; (F) whether facial recognition technology is used by the local educational agency, and if so, the policies governing the use of such technology; and (G) whether software programs that monitor or mine the social media use or technology use of students or the families of students are used by, or at the direction of, the local educational agency, and if so, the contract with the provider of those software programs as well as the policies governing the use of such programs. (3) Personally identifiable information Collection or disaggregation of information shall not be required under subparagraphs (B) through (D) of paragraph (2) to the extent that such collection or disaggregation would reveal personally identifiable information about an individual student or otherwise violate privacy laws. (h) Supplement not supplant A local educational agency shall use Federal funds received under this section only to supplement the funds that would, in the absence of such Federal funds, be made available from State and local sources for the activities described in subsection (d), and not to supplant such funds (i) Authorization of appropriations There are authorized to be appropriated to carry out this section $5,000,000,000.
20,028
[ "Judiciary Committee", "Education and the Workforce Committee" ]
118hr7076ih
118
hr
7,076
ih
To promote innovative practices for soil health through USDA conservation programs, and for other purposes.
[ { "text": "1. Short title \nThis Act may be cited as the Innovative Practices for Soil Health Act of 2024.", "id": "H672100E5AE2D4A0C84185504C571B9A7", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Environmental quality incentives program \n(a) Definitions \nSection 1240A of the Food Security Act of 1985 ( 16 U.S.C. 3839aa–1 ) is amended— (1) in paragraph (6)(B)— (A) in clause (v), by striking and at the end; (B) by redesignating clause (vi) as clause (vii); and (C) by inserting after clause (v) the following: (vi) greenhouse gas emissions reduction planning; and ; (2) in paragraph (7), in the matter preceding subparagraph (A), by striking natural resource concern or problem and inserting resource concern ; (3) by redesignating paragraphs (9) and (10) as paragraphs (10) and (11), respectively; and (4) by inserting after paragraph (8) the following: (9) Resource concern \nThe term resource concern means a natural resource condition of the soil, water, air, plant, animal, or energy resource base that impairs the sustainability or intended uses of the resource.. (b) On-Farm conservation innovation trials \nSection 1240H(c)(1)(B)(i) of the Food Security Act of 1985 ( 16 U.S.C. 3839aa–8(c)(1)(B)(i) ) is amended— (1) in subclause (II), by inserting on-farm nutrient recycling, after plans, ; (2) in subclause (VI), by striking and at the end; and (3) by adding at the end the following: (VII) perennial production systems, including agroforestry and perennial forages and grain crops; and.", "id": "HE5E02B5B432F4B6CAF69C36F0DDDC88F", "header": "Environmental quality incentives program", "nested": [ { "text": "(a) Definitions \nSection 1240A of the Food Security Act of 1985 ( 16 U.S.C. 3839aa–1 ) is amended— (1) in paragraph (6)(B)— (A) in clause (v), by striking and at the end; (B) by redesignating clause (vi) as clause (vii); and (C) by inserting after clause (v) the following: (vi) greenhouse gas emissions reduction planning; and ; (2) in paragraph (7), in the matter preceding subparagraph (A), by striking natural resource concern or problem and inserting resource concern ; (3) by redesignating paragraphs (9) and (10) as paragraphs (10) and (11), respectively; and (4) by inserting after paragraph (8) the following: (9) Resource concern \nThe term resource concern means a natural resource condition of the soil, water, air, plant, animal, or energy resource base that impairs the sustainability or intended uses of the resource..", "id": "H20F5FF8C2FB2464899CB1A5B9B2E1CB4", "header": "Definitions", "nested": [], "links": [ { "text": "16 U.S.C. 3839aa–1", "legal-doc": "usc", "parsable-cite": "usc/16/3839aa-1" } ] }, { "text": "(b) On-Farm conservation innovation trials \nSection 1240H(c)(1)(B)(i) of the Food Security Act of 1985 ( 16 U.S.C. 3839aa–8(c)(1)(B)(i) ) is amended— (1) in subclause (II), by inserting on-farm nutrient recycling, after plans, ; (2) in subclause (VI), by striking and at the end; and (3) by adding at the end the following: (VII) perennial production systems, including agroforestry and perennial forages and grain crops; and.", "id": "H5430881CDF33476AAEB4BC3158F1AD88", "header": "On-Farm conservation innovation trials", "nested": [], "links": [ { "text": "16 U.S.C. 3839aa–8(c)(1)(B)(i)", "legal-doc": "usc", "parsable-cite": "usc/16/3839aa-8" } ] } ], "links": [ { "text": "16 U.S.C. 3839aa–1", "legal-doc": "usc", "parsable-cite": "usc/16/3839aa-1" }, { "text": "16 U.S.C. 3839aa–8(c)(1)(B)(i)", "legal-doc": "usc", "parsable-cite": "usc/16/3839aa-8" } ] }, { "text": "3. Conservation stewardship program \n(a) Definitions \nSection 1240I of the Food Security Act of 1985 ( 16 U.S.C. 3839aa–21 ) is amended— (1) in paragraph (2)— (A) in subparagraph (A), by inserting enhancements, after practices, ; and (B) in subparagraph (B)(v), by inserting and climate change before the period at the end; (2) in paragraph (3)(C), by inserting maintained, actively after implemented, ; (3) in paragraph (5), in the matter preceding subparagraph (A), by striking natural resource concern or problem and inserting resource concern ; (4) by redesignating paragraph (7) as paragraph (8); and (5) by inserting after paragraph (6) the following: (7) Resource concern \nThe term resource concern means a natural resource condition of the soil, water, air, plant, animal, or energy resource base that impairs the sustainability or intended uses of the resource.. (b) Conservation Stewardship Program \nSection 1240J(a) of the Food Security Act of 1985 ( 16 U.S.C. 3839aa–22(a) ) is amended by striking paragraphs (1) and (2) and inserting the following: (1) by maintaining, actively managing, and, where practicable, improving existing conservation activities; and (2) by undertaking additional conservation activities.. (c) Stewardship contracts \n(1) Submission of contract offers \nSection 1240K(a)(2)(B) of the Food Security Act of 1985 ( 16 U.S.C. 3839aa–23(a)(2)(B) ) is amended by striking improving, maintaining, and managing and inserting maintaining, actively managing, and, where practicable, improving. (2) Evaluation of contract offers \nSection 1240K(b) of the Food Security Act of 1985 ( 16 U.S.C. 3839aa–23(b) ) is amended— (A) in paragraph (1)(A), by striking clause (iii) and inserting the following: (iii) other criteria consistent with an equal weighting of the factors described in clauses (i) and (ii), as determined by the Secretary, including criteria the Secretary determines are necessary to ensure that— (I) the program effectively targets improvements to soil health, increases in carbon sequestration, and reductions in greenhouse gas emissions; and (II) other national, State, and local priority resource concerns are effectively addressed. ; and (B) by striking paragraph (3). (3) Contract renewal \nSection 1240K(e) of the Food Security Act of 1985 ( 16 U.S.C. 3839aa–23(e) ) is amended to read as follows: (e) Contract Renewal \n(1) In general \nThe Secretary may provide the producer an opportunity to renew an existing contract in the first half of the fifth year of the contract period if the producer— (A) demonstrates compliance with the terms of the existing contract; (B) agrees to adopt and continue to integrate new or improved conservation activities across the entire agricultural operation, demonstrating continued improvement during the additional 5-year period, as determined by the Secretary; and (C) agrees, by the end of the contract period, to meet the stewardship threshold of at least 2 additional priority resource concerns on the agricultural operation, if applicable. (2) Ranking and payments \nIn determining whether to accept an application for contract renewal under this subsection, and when calculating payments for those renewed contracts, the Secretary shall consider the full conservation benefits across the entire applicable agricultural operation, including— (A) the number of priority resource concerns with respect to which the producer is expected to meet or exceed the stewardship threshold by the end of the contract period; and (B) the active management and maintenance of ongoing conservation activities, including— (i) the conservation activities adopted during a prior contract period; and (ii) the new or improved conservation activities to be adopted if a contract is renewed.. (d) Duties of the Secretary \n(1) Conservation stewardship payments \nSection 1240L(c) of the Food Security Act of 1985 ( 16 U.S.C. 3839aa–24(c) ) is amended— (A) in paragraph (1)— (i) in subparagraph (A), by inserting on 1 or more types of eligible land covered by the contract after activities ; and (ii) in subparagraph (B), by striking improving, maintaining, and managing and inserting maintaining, actively managing, and improving ; and (B) in paragraph (2)— (i) by striking subparagraph (B) and inserting the following: (B) Income forgone by the producer, including amounts that reflect— (i) increased economic risk; and (ii) loss in revenue due to— (I) production changes; (II) anticipated reductions in yield; (III) transitioning to an organic, resource-conserving cropping or grazing, or perennial production system; or (IV) acreage converted to conservation uses. ; and (ii) in subparagraph (E), by inserting , actively managed, and, where applicable, improved after maintained. (2) Supplemental payments \nSection 1240L(d) of the Food Security Act of 1985 ( 16 U.S.C. 3839aa–24(d) ) is amended— (A) in the subsection heading, by inserting , perennial production systems, after rotations ; (B) in paragraph (1)— (i) by redesignating subparagraph (C) as subparagraph (D); and (ii) by inserting after subparagraph (B) the following: (C) Perennial production system \nThe term perennial production system means— (i) the use of cropland for agroforestry, including alley cropping, silvopasture, and related production practices, as determined by the Secretary; (ii) the use of woodland for agroforestry, including forest farming, multistory cropping, and related production practices, as determined by the Secretary; and (iii) the use of cropland for perennial forages or perennial grain crops. ; (C) in paragraph (2)— (i) in subparagraph (A), by striking or at the end; (ii) in subparagraph (B), by striking the period at the end and inserting ; or ; and (iii) by adding at the end the following: (C) a perennial production system. ; and (D) in paragraph (3), by striking or advanced grazing management and inserting , advanced grazing management, or a perennial production system. (3) Soil health \nSection 1240L(k) of the Food Security Act of 1985 ( 16 U.S.C. 3839aa–24(k) ) is amended by striking the period at the end and inserting the following: , including by— (1) conducting outreach to encourage the use of contracts to improve soil health and sequester carbon in the soil; and (2) offering payments for soil testing to provide producers and the Secretary with information on the soil health and carbon sequestration impacts of conservation activities..", "id": "H2E72FFE309BE4D1DB7A287D41383F4EC", "header": "Conservation stewardship program", "nested": [ { "text": "(a) Definitions \nSection 1240I of the Food Security Act of 1985 ( 16 U.S.C. 3839aa–21 ) is amended— (1) in paragraph (2)— (A) in subparagraph (A), by inserting enhancements, after practices, ; and (B) in subparagraph (B)(v), by inserting and climate change before the period at the end; (2) in paragraph (3)(C), by inserting maintained, actively after implemented, ; (3) in paragraph (5), in the matter preceding subparagraph (A), by striking natural resource concern or problem and inserting resource concern ; (4) by redesignating paragraph (7) as paragraph (8); and (5) by inserting after paragraph (6) the following: (7) Resource concern \nThe term resource concern means a natural resource condition of the soil, water, air, plant, animal, or energy resource base that impairs the sustainability or intended uses of the resource..", "id": "HA8527D47C13E4E318C5493E194BDFF28", "header": "Definitions", "nested": [], "links": [ { "text": "16 U.S.C. 3839aa–21", "legal-doc": "usc", "parsable-cite": "usc/16/3839aa-21" } ] }, { "text": "(b) Conservation Stewardship Program \nSection 1240J(a) of the Food Security Act of 1985 ( 16 U.S.C. 3839aa–22(a) ) is amended by striking paragraphs (1) and (2) and inserting the following: (1) by maintaining, actively managing, and, where practicable, improving existing conservation activities; and (2) by undertaking additional conservation activities..", "id": "H00726343ED1D484380748A4783C2AA21", "header": "Conservation Stewardship Program", "nested": [], "links": [ { "text": "16 U.S.C. 3839aa–22(a)", "legal-doc": "usc", "parsable-cite": "usc/16/3839aa-22" } ] }, { "text": "(c) Stewardship contracts \n(1) Submission of contract offers \nSection 1240K(a)(2)(B) of the Food Security Act of 1985 ( 16 U.S.C. 3839aa–23(a)(2)(B) ) is amended by striking improving, maintaining, and managing and inserting maintaining, actively managing, and, where practicable, improving. (2) Evaluation of contract offers \nSection 1240K(b) of the Food Security Act of 1985 ( 16 U.S.C. 3839aa–23(b) ) is amended— (A) in paragraph (1)(A), by striking clause (iii) and inserting the following: (iii) other criteria consistent with an equal weighting of the factors described in clauses (i) and (ii), as determined by the Secretary, including criteria the Secretary determines are necessary to ensure that— (I) the program effectively targets improvements to soil health, increases in carbon sequestration, and reductions in greenhouse gas emissions; and (II) other national, State, and local priority resource concerns are effectively addressed. ; and (B) by striking paragraph (3). (3) Contract renewal \nSection 1240K(e) of the Food Security Act of 1985 ( 16 U.S.C. 3839aa–23(e) ) is amended to read as follows: (e) Contract Renewal \n(1) In general \nThe Secretary may provide the producer an opportunity to renew an existing contract in the first half of the fifth year of the contract period if the producer— (A) demonstrates compliance with the terms of the existing contract; (B) agrees to adopt and continue to integrate new or improved conservation activities across the entire agricultural operation, demonstrating continued improvement during the additional 5-year period, as determined by the Secretary; and (C) agrees, by the end of the contract period, to meet the stewardship threshold of at least 2 additional priority resource concerns on the agricultural operation, if applicable. (2) Ranking and payments \nIn determining whether to accept an application for contract renewal under this subsection, and when calculating payments for those renewed contracts, the Secretary shall consider the full conservation benefits across the entire applicable agricultural operation, including— (A) the number of priority resource concerns with respect to which the producer is expected to meet or exceed the stewardship threshold by the end of the contract period; and (B) the active management and maintenance of ongoing conservation activities, including— (i) the conservation activities adopted during a prior contract period; and (ii) the new or improved conservation activities to be adopted if a contract is renewed..", "id": "H2692E2377DA947F7AF1BB0E781318932", "header": "Stewardship contracts", "nested": [], "links": [ { "text": "16 U.S.C. 3839aa–23(a)(2)(B)", "legal-doc": "usc", "parsable-cite": "usc/16/3839aa-23" }, { "text": "16 U.S.C. 3839aa–23(b)", "legal-doc": "usc", "parsable-cite": "usc/16/3839aa-23" }, { "text": "16 U.S.C. 3839aa–23(e)", "legal-doc": "usc", "parsable-cite": "usc/16/3839aa-23" } ] }, { "text": "(d) Duties of the Secretary \n(1) Conservation stewardship payments \nSection 1240L(c) of the Food Security Act of 1985 ( 16 U.S.C. 3839aa–24(c) ) is amended— (A) in paragraph (1)— (i) in subparagraph (A), by inserting on 1 or more types of eligible land covered by the contract after activities ; and (ii) in subparagraph (B), by striking improving, maintaining, and managing and inserting maintaining, actively managing, and improving ; and (B) in paragraph (2)— (i) by striking subparagraph (B) and inserting the following: (B) Income forgone by the producer, including amounts that reflect— (i) increased economic risk; and (ii) loss in revenue due to— (I) production changes; (II) anticipated reductions in yield; (III) transitioning to an organic, resource-conserving cropping or grazing, or perennial production system; or (IV) acreage converted to conservation uses. ; and (ii) in subparagraph (E), by inserting , actively managed, and, where applicable, improved after maintained. (2) Supplemental payments \nSection 1240L(d) of the Food Security Act of 1985 ( 16 U.S.C. 3839aa–24(d) ) is amended— (A) in the subsection heading, by inserting , perennial production systems, after rotations ; (B) in paragraph (1)— (i) by redesignating subparagraph (C) as subparagraph (D); and (ii) by inserting after subparagraph (B) the following: (C) Perennial production system \nThe term perennial production system means— (i) the use of cropland for agroforestry, including alley cropping, silvopasture, and related production practices, as determined by the Secretary; (ii) the use of woodland for agroforestry, including forest farming, multistory cropping, and related production practices, as determined by the Secretary; and (iii) the use of cropland for perennial forages or perennial grain crops. ; (C) in paragraph (2)— (i) in subparagraph (A), by striking or at the end; (ii) in subparagraph (B), by striking the period at the end and inserting ; or ; and (iii) by adding at the end the following: (C) a perennial production system. ; and (D) in paragraph (3), by striking or advanced grazing management and inserting , advanced grazing management, or a perennial production system. (3) Soil health \nSection 1240L(k) of the Food Security Act of 1985 ( 16 U.S.C. 3839aa–24(k) ) is amended by striking the period at the end and inserting the following: , including by— (1) conducting outreach to encourage the use of contracts to improve soil health and sequester carbon in the soil; and (2) offering payments for soil testing to provide producers and the Secretary with information on the soil health and carbon sequestration impacts of conservation activities..", "id": "HADCD935A050440EE8B36EC30136FFA5B", "header": "Duties of the Secretary", "nested": [], "links": [ { "text": "16 U.S.C. 3839aa–24(c)", "legal-doc": "usc", "parsable-cite": "usc/16/3839aa-24" }, { "text": "16 U.S.C. 3839aa–24(d)", "legal-doc": "usc", "parsable-cite": "usc/16/3839aa-24" }, { "text": "16 U.S.C. 3839aa–24(k)", "legal-doc": "usc", "parsable-cite": "usc/16/3839aa-24" } ] } ], "links": [ { "text": "16 U.S.C. 3839aa–21", "legal-doc": "usc", "parsable-cite": "usc/16/3839aa-21" }, { "text": "16 U.S.C. 3839aa–22(a)", "legal-doc": "usc", "parsable-cite": "usc/16/3839aa-22" }, { "text": "16 U.S.C. 3839aa–23(a)(2)(B)", "legal-doc": "usc", "parsable-cite": "usc/16/3839aa-23" }, { "text": "16 U.S.C. 3839aa–23(b)", "legal-doc": "usc", "parsable-cite": "usc/16/3839aa-23" }, { "text": "16 U.S.C. 3839aa–23(e)", "legal-doc": "usc", "parsable-cite": "usc/16/3839aa-23" }, { "text": "16 U.S.C. 3839aa–24(c)", "legal-doc": "usc", "parsable-cite": "usc/16/3839aa-24" }, { "text": "16 U.S.C. 3839aa–24(d)", "legal-doc": "usc", "parsable-cite": "usc/16/3839aa-24" }, { "text": "16 U.S.C. 3839aa–24(k)", "legal-doc": "usc", "parsable-cite": "usc/16/3839aa-24" } ] }, { "text": "4. Funding and administration \nSection 1242 of the Food Security Act of 1985 ( 16 U.S.C. 3842 ) is amended— (1) in subsection (a)(2)— (A) by inserting an individual, before a commercial entity ; (B) by striking State or local and inserting State, local, or Tribal ; and (C) by striking nutrient management planning, and inserting soil health planning, greenhouse gas emissions reduction planning, nutrient management planning, integrated pest management planning, agroforestry planning, organic transition planning, ; (2) in subsection (e)— (A) in paragraph (3)(A)— (i) by inserting individuals, before commercial entities, ; and (ii) by striking State or local and inserting State, local, or Tribal ; and (B) in paragraph (5), by inserting or organic after sustainability ; and (3) in subsection (i)— (A) in the subsection heading, by inserting perennial agriculture system, after organic, ; and (B) in paragraph (2), by inserting a perennial agriculture system, after production, each place it appears.", "id": "HA0D5AF7D2008481CA870F77199E079D3", "header": "Funding and administration", "nested": [], "links": [ { "text": "16 U.S.C. 3842", "legal-doc": "usc", "parsable-cite": "usc/16/3842" } ] }, { "text": "5. National and regional agroforestry centers \nSection 1243 of the Food, Agriculture, Conservation, and Trade Act of 1990 ( 16 U.S.C. 1642 note; Public Law 101–624 ) is amended— (1) by striking the section heading and inserting National and regional agroforestry centers ; (2) by redesignating subsections (b), (c), and (d) as subsections (c), (d), and (e), respectively; (3) by striking subsection (a) and inserting the following: (a) Definition of agroforestry \nIn this section, the term agroforestry means a management system that intentionally integrates trees and shrubs into crop and animal farming systems to build more profitable and weather-resilient farms, ranches, and communities, address natural resource concerns and conservation needs, and establish productive and sustainable land use practices, including— (1) riparian forest buffers; (2) alley cropping; (3) silvopasture; (4) forest farming and multistory cropping; and (5) windbreaks, shelterbelts, hedgerows, field borders, and living snow fences. (b) National and Regional Agroforestry Centers \n(1) In general \nThe Secretary of Agriculture (referred to in this section as the Secretary )— (A) shall establish at the Forestry Sciences Laboratory of the Forest Service, in Lincoln, Nebraska, a National Agroforestry Research, Development, and Demonstration Center; and (B) acting through the Chief of the Forest Service and in cooperation with the Natural Resources Conservation Service, shall establish not fewer than 3 additional regional agroforestry centers at other locations, as determined by the Secretary. (2) National and Regional Directors \nThe Secretary, acting through the Chief of the Forest Service, in coordination with the Natural Resources Conservation Service, shall appoint a National Director and Regional Directors to manage and coordinate the program established under subsection (c). ; (4) in subsection (c) (as so redesignated)— (A) in the matter preceding paragraph (1)— (i) by striking Center and inserting Centers established under subparagraphs (A) and (B) of subsection (b)(1) (referred to in this section as the Centers ) ; and (ii) by inserting and organizations after nonprofit foundations ; (B) in paragraph (1)— (i) by striking on semiarid lands that and inserting that build soil health and ; and (ii) by inserting , including agroforestry systems on semiarid land and other fragile agroecosystems where woody perennial plant communities can enhance carbon sequestration and reduce greenhouse gas emissions before the semicolon; (C) in paragraph (3), by striking forestry products for commercial sale from semiarid land and inserting agroforestry products for commercial sale ; (D) in paragraph (4)— (i) by striking in semiarid regions ; and (ii) by striking the Great Plains region and inserting particular regions ; (E) in paragraph (5), by inserting technical assistance and before technology ; (F) by striking paragraph (6) and inserting the following: (6) develop improved silvopasture, alley cropping, forest farming, multistory cropping, riparian buffer, windbreak and shelterbelt, and other perennial production and conservation systems and technologies to improve soil health, carbon sequestration, drought preparedness, soil and water conservation, environmental quality, and biological diversity; ; (G) in paragraph (7), by striking on semiarid lands ; (H) in paragraph (8), by striking on semiarid lands worldwide and inserting worldwide, including on semiarid land ; and (I) in paragraph (9)— (i) by striking on semiarid lands ; and (ii) by inserting and climate change after pollution ; (5) in subsection (d) (as so redesignated)— (A) in the matter preceding paragraph (1), by striking Center and inserting Centers ; (B) in paragraph (1), by striking and at the end; (C) in paragraph (2), by striking the period at the end and inserting ; and ; and (D) by adding at the end the following: (3) facilitate agroforestry adoption by disseminating comprehensive information on Federal, State, local, and Tribal programs that provide support for agroforestry. ; and (6) by amending subsection (e) (as so redesignated) to read as follows: (e) Grants \nThe Secretary may establish regional grant programs at each of the Centers to support agroforestry projects, including demonstration farms..", "id": "H930808667E02475C9CE08765767F24BC", "header": "National and regional agroforestry centers", "nested": [], "links": [ { "text": "16 U.S.C. 1642", "legal-doc": "usc", "parsable-cite": "usc/16/1642" }, { "text": "Public Law 101–624", "legal-doc": "public-law", "parsable-cite": "pl/101/624" } ] } ]
5
1. Short title This Act may be cited as the Innovative Practices for Soil Health Act of 2024. 2. Environmental quality incentives program (a) Definitions Section 1240A of the Food Security Act of 1985 ( 16 U.S.C. 3839aa–1 ) is amended— (1) in paragraph (6)(B)— (A) in clause (v), by striking and at the end; (B) by redesignating clause (vi) as clause (vii); and (C) by inserting after clause (v) the following: (vi) greenhouse gas emissions reduction planning; and ; (2) in paragraph (7), in the matter preceding subparagraph (A), by striking natural resource concern or problem and inserting resource concern ; (3) by redesignating paragraphs (9) and (10) as paragraphs (10) and (11), respectively; and (4) by inserting after paragraph (8) the following: (9) Resource concern The term resource concern means a natural resource condition of the soil, water, air, plant, animal, or energy resource base that impairs the sustainability or intended uses of the resource.. (b) On-Farm conservation innovation trials Section 1240H(c)(1)(B)(i) of the Food Security Act of 1985 ( 16 U.S.C. 3839aa–8(c)(1)(B)(i) ) is amended— (1) in subclause (II), by inserting on-farm nutrient recycling, after plans, ; (2) in subclause (VI), by striking and at the end; and (3) by adding at the end the following: (VII) perennial production systems, including agroforestry and perennial forages and grain crops; and. 3. Conservation stewardship program (a) Definitions Section 1240I of the Food Security Act of 1985 ( 16 U.S.C. 3839aa–21 ) is amended— (1) in paragraph (2)— (A) in subparagraph (A), by inserting enhancements, after practices, ; and (B) in subparagraph (B)(v), by inserting and climate change before the period at the end; (2) in paragraph (3)(C), by inserting maintained, actively after implemented, ; (3) in paragraph (5), in the matter preceding subparagraph (A), by striking natural resource concern or problem and inserting resource concern ; (4) by redesignating paragraph (7) as paragraph (8); and (5) by inserting after paragraph (6) the following: (7) Resource concern The term resource concern means a natural resource condition of the soil, water, air, plant, animal, or energy resource base that impairs the sustainability or intended uses of the resource.. (b) Conservation Stewardship Program Section 1240J(a) of the Food Security Act of 1985 ( 16 U.S.C. 3839aa–22(a) ) is amended by striking paragraphs (1) and (2) and inserting the following: (1) by maintaining, actively managing, and, where practicable, improving existing conservation activities; and (2) by undertaking additional conservation activities.. (c) Stewardship contracts (1) Submission of contract offers Section 1240K(a)(2)(B) of the Food Security Act of 1985 ( 16 U.S.C. 3839aa–23(a)(2)(B) ) is amended by striking improving, maintaining, and managing and inserting maintaining, actively managing, and, where practicable, improving. (2) Evaluation of contract offers Section 1240K(b) of the Food Security Act of 1985 ( 16 U.S.C. 3839aa–23(b) ) is amended— (A) in paragraph (1)(A), by striking clause (iii) and inserting the following: (iii) other criteria consistent with an equal weighting of the factors described in clauses (i) and (ii), as determined by the Secretary, including criteria the Secretary determines are necessary to ensure that— (I) the program effectively targets improvements to soil health, increases in carbon sequestration, and reductions in greenhouse gas emissions; and (II) other national, State, and local priority resource concerns are effectively addressed. ; and (B) by striking paragraph (3). (3) Contract renewal Section 1240K(e) of the Food Security Act of 1985 ( 16 U.S.C. 3839aa–23(e) ) is amended to read as follows: (e) Contract Renewal (1) In general The Secretary may provide the producer an opportunity to renew an existing contract in the first half of the fifth year of the contract period if the producer— (A) demonstrates compliance with the terms of the existing contract; (B) agrees to adopt and continue to integrate new or improved conservation activities across the entire agricultural operation, demonstrating continued improvement during the additional 5-year period, as determined by the Secretary; and (C) agrees, by the end of the contract period, to meet the stewardship threshold of at least 2 additional priority resource concerns on the agricultural operation, if applicable. (2) Ranking and payments In determining whether to accept an application for contract renewal under this subsection, and when calculating payments for those renewed contracts, the Secretary shall consider the full conservation benefits across the entire applicable agricultural operation, including— (A) the number of priority resource concerns with respect to which the producer is expected to meet or exceed the stewardship threshold by the end of the contract period; and (B) the active management and maintenance of ongoing conservation activities, including— (i) the conservation activities adopted during a prior contract period; and (ii) the new or improved conservation activities to be adopted if a contract is renewed.. (d) Duties of the Secretary (1) Conservation stewardship payments Section 1240L(c) of the Food Security Act of 1985 ( 16 U.S.C. 3839aa–24(c) ) is amended— (A) in paragraph (1)— (i) in subparagraph (A), by inserting on 1 or more types of eligible land covered by the contract after activities ; and (ii) in subparagraph (B), by striking improving, maintaining, and managing and inserting maintaining, actively managing, and improving ; and (B) in paragraph (2)— (i) by striking subparagraph (B) and inserting the following: (B) Income forgone by the producer, including amounts that reflect— (i) increased economic risk; and (ii) loss in revenue due to— (I) production changes; (II) anticipated reductions in yield; (III) transitioning to an organic, resource-conserving cropping or grazing, or perennial production system; or (IV) acreage converted to conservation uses. ; and (ii) in subparagraph (E), by inserting , actively managed, and, where applicable, improved after maintained. (2) Supplemental payments Section 1240L(d) of the Food Security Act of 1985 ( 16 U.S.C. 3839aa–24(d) ) is amended— (A) in the subsection heading, by inserting , perennial production systems, after rotations ; (B) in paragraph (1)— (i) by redesignating subparagraph (C) as subparagraph (D); and (ii) by inserting after subparagraph (B) the following: (C) Perennial production system The term perennial production system means— (i) the use of cropland for agroforestry, including alley cropping, silvopasture, and related production practices, as determined by the Secretary; (ii) the use of woodland for agroforestry, including forest farming, multistory cropping, and related production practices, as determined by the Secretary; and (iii) the use of cropland for perennial forages or perennial grain crops. ; (C) in paragraph (2)— (i) in subparagraph (A), by striking or at the end; (ii) in subparagraph (B), by striking the period at the end and inserting ; or ; and (iii) by adding at the end the following: (C) a perennial production system. ; and (D) in paragraph (3), by striking or advanced grazing management and inserting , advanced grazing management, or a perennial production system. (3) Soil health Section 1240L(k) of the Food Security Act of 1985 ( 16 U.S.C. 3839aa–24(k) ) is amended by striking the period at the end and inserting the following: , including by— (1) conducting outreach to encourage the use of contracts to improve soil health and sequester carbon in the soil; and (2) offering payments for soil testing to provide producers and the Secretary with information on the soil health and carbon sequestration impacts of conservation activities.. 4. Funding and administration Section 1242 of the Food Security Act of 1985 ( 16 U.S.C. 3842 ) is amended— (1) in subsection (a)(2)— (A) by inserting an individual, before a commercial entity ; (B) by striking State or local and inserting State, local, or Tribal ; and (C) by striking nutrient management planning, and inserting soil health planning, greenhouse gas emissions reduction planning, nutrient management planning, integrated pest management planning, agroforestry planning, organic transition planning, ; (2) in subsection (e)— (A) in paragraph (3)(A)— (i) by inserting individuals, before commercial entities, ; and (ii) by striking State or local and inserting State, local, or Tribal ; and (B) in paragraph (5), by inserting or organic after sustainability ; and (3) in subsection (i)— (A) in the subsection heading, by inserting perennial agriculture system, after organic, ; and (B) in paragraph (2), by inserting a perennial agriculture system, after production, each place it appears. 5. National and regional agroforestry centers Section 1243 of the Food, Agriculture, Conservation, and Trade Act of 1990 ( 16 U.S.C. 1642 note; Public Law 101–624 ) is amended— (1) by striking the section heading and inserting National and regional agroforestry centers ; (2) by redesignating subsections (b), (c), and (d) as subsections (c), (d), and (e), respectively; (3) by striking subsection (a) and inserting the following: (a) Definition of agroforestry In this section, the term agroforestry means a management system that intentionally integrates trees and shrubs into crop and animal farming systems to build more profitable and weather-resilient farms, ranches, and communities, address natural resource concerns and conservation needs, and establish productive and sustainable land use practices, including— (1) riparian forest buffers; (2) alley cropping; (3) silvopasture; (4) forest farming and multistory cropping; and (5) windbreaks, shelterbelts, hedgerows, field borders, and living snow fences. (b) National and Regional Agroforestry Centers (1) In general The Secretary of Agriculture (referred to in this section as the Secretary )— (A) shall establish at the Forestry Sciences Laboratory of the Forest Service, in Lincoln, Nebraska, a National Agroforestry Research, Development, and Demonstration Center; and (B) acting through the Chief of the Forest Service and in cooperation with the Natural Resources Conservation Service, shall establish not fewer than 3 additional regional agroforestry centers at other locations, as determined by the Secretary. (2) National and Regional Directors The Secretary, acting through the Chief of the Forest Service, in coordination with the Natural Resources Conservation Service, shall appoint a National Director and Regional Directors to manage and coordinate the program established under subsection (c). ; (4) in subsection (c) (as so redesignated)— (A) in the matter preceding paragraph (1)— (i) by striking Center and inserting Centers established under subparagraphs (A) and (B) of subsection (b)(1) (referred to in this section as the Centers ) ; and (ii) by inserting and organizations after nonprofit foundations ; (B) in paragraph (1)— (i) by striking on semiarid lands that and inserting that build soil health and ; and (ii) by inserting , including agroforestry systems on semiarid land and other fragile agroecosystems where woody perennial plant communities can enhance carbon sequestration and reduce greenhouse gas emissions before the semicolon; (C) in paragraph (3), by striking forestry products for commercial sale from semiarid land and inserting agroforestry products for commercial sale ; (D) in paragraph (4)— (i) by striking in semiarid regions ; and (ii) by striking the Great Plains region and inserting particular regions ; (E) in paragraph (5), by inserting technical assistance and before technology ; (F) by striking paragraph (6) and inserting the following: (6) develop improved silvopasture, alley cropping, forest farming, multistory cropping, riparian buffer, windbreak and shelterbelt, and other perennial production and conservation systems and technologies to improve soil health, carbon sequestration, drought preparedness, soil and water conservation, environmental quality, and biological diversity; ; (G) in paragraph (7), by striking on semiarid lands ; (H) in paragraph (8), by striking on semiarid lands worldwide and inserting worldwide, including on semiarid land ; and (I) in paragraph (9)— (i) by striking on semiarid lands ; and (ii) by inserting and climate change after pollution ; (5) in subsection (d) (as so redesignated)— (A) in the matter preceding paragraph (1), by striking Center and inserting Centers ; (B) in paragraph (1), by striking and at the end; (C) in paragraph (2), by striking the period at the end and inserting ; and ; and (D) by adding at the end the following: (3) facilitate agroforestry adoption by disseminating comprehensive information on Federal, State, local, and Tribal programs that provide support for agroforestry. ; and (6) by amending subsection (e) (as so redesignated) to read as follows: (e) Grants The Secretary may establish regional grant programs at each of the Centers to support agroforestry projects, including demonstration farms..
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To protect against seasonal and pandemic influenza, and for other purposes.
[ { "text": "1. Short title \nThis Act may be cited as the Protecting America from Seasonal and Pandemic Influenza Act of 2023.", "id": "HB49A147564C743FE81C220D7E75F66EE", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Findings \nThe Congress finds the following: (1) Influenza occurs seasonally each year, and throughout history has caused devastating pandemics. The 1918 influenza pandemic killed an estimated 675,000 Americans. (2) In an average season, influenza results in 12,000 to 52,000 deaths in the United States, including over 100 pediatric deaths. Additionally, influenza causes hundreds of thousands of hospitalizations and millions of illnesses. (3) The Council of Economic Advisors issued a report in 2019 estimating that seasonal influenza costs the United States approximately $361,000,000,000 per year, and that an influenza pandemic has the potential to cause up to $3,790,000,000,000 in losses. This report was issued prior to the COVID–19 pandemic, which will cost the United States an estimated $16,000,000,000,000. (4) Most funding for pandemic influenza preparedness up until fiscal year 2018 was derived from supplemental appropriations that dated back to the 2009 H1N1 pandemic. (5) Centers for Disease Control and Prevention (in this preamble referred to as the CDC ) studies of influenza hospitalization rates by race and ethnicity during 10 influenza seasons from 2009 to 2019 showed that people from racial and ethnic minority groups are at higher risk for being hospitalized with influenza. (6) The COVID–19 pandemic response has been built on the pandemic influenza response ecosystem. (7) Strategies that increase seasonal influenza vaccination rates will also improve pandemic readiness. (8) The National Influenza Vaccine Modernization Strategy of 2020–2030 of the Department of Health and Human Services should be implemented as quickly as possible to ensure the Nation’s vaccine enterprise is highly responsive, flexible, scalable, and effective at reducing the impact of seasonal and pandemic influenza viruses. (9) Influenza surveillance has been improved significantly over the last several years by deploying next-generation gene sequencing tools to analyze circulating influenza viruses. The technology allows the CDC to study more influenza viruses faster and in more detail, and to monitor genetic changes in influenza viruses to better understand and improve the effectiveness of influenza vaccines. (10) Influenza diagnosis and surveillance has improved significantly over the last several years by advances in influenza testing. Timely infection control and prevention strategies would be significantly bolstered by accurate and readily accessible at-home diagnostic tests. Rapid diagnostics can improve access for underserved populations and allow for better antibiotic stewardship. (11) Vaccine hesitancy in the United States has reached a tipping point where it is adversely affecting public health. Misinformation is widely available on social media, and traditional sources of information on the value and efficacy of vaccines are not trusted by many Americans, especially those who are vaccine hesitant. (12) Support for vaccine communication, outreach, and administration across public health and health care settings is critical to drive demand of influenza vaccines, treatments, and medical countermeasures and ensure equitable uptake of these innovations.", "id": "HDD7E32B3775F48599DF470BED24B0A49", "header": "Findings", "nested": [], "links": [] }, { "text": "3. Strengthening and diversifying influenza vaccine, therapeutics, and diagnostics development, manufacturing, and supply chain \n(a) Timely delivery of first doses of finished influenza vaccine \n(1) National goal \nIt is a national goal for the United States, not later than 3 years after the date of enactment of this Act, to have the capacity to deliver first doses of finished influenza vaccine within 12 weeks of emergence of an influenza strain with pandemic potential. (2) Plan \nNot later than 6 months after the date of enactment of this Act, the Secretary of Health and Human Services, the Assistant Secretary for Preparedness and Response, and the Director of the Biomedical Advanced Research and Development Authority shall publish a plan to achieve the goal specified in paragraph (1). (b) Universal influenza vaccine \n(1) National goal \nIt is a national goal for the United States, not later than 10 years after the date of enactment of this Act, to have developed a universal influenza vaccine. (2) Plan \n(A) Publication \nNot later than 1 year after the date of enactment of this Act, the Secretary of Health and Human Services, the Director of the National Institutes of Health, and the Director of the Biomedical Advanced Research and Development Authority shall publish a plan to achieve the goal specified in paragraph (1) in partnership with vaccine manufacturers. (B) Interim support \nThe plan under subparagraph (A) shall include provisions, as necessary to achieve such goal, for support over the period of 5 years following the publication of such plan of the following: (i) Incremental vaccine efficacy improvements. (ii) The research workforce. (c) Strengthening the vaccine supply chain \n(1) Public-private partnerships \n(A) In general \nThe Secretary of Health and Human Services shall— (i) establish public-private partnerships to strengthen the domestic vaccine supply chain; and (ii) evaluate the capabilities, capacity, and utilization of such partnerships, including by assessing and testing relevant logistical and interoperable technology with stakeholders in the supply chain. (B) Domestic vaccine supply chain \nFor purposes of this paragraph, the term domestic vaccine supply chain includes the full domestic supply chain, including— (i) production of ingredients and manufacturing and distribution of finished vaccines; (ii) fill-finish capacity; and (iii) the supply chain of ancillary supplies such as needles and syringes. (2) Evaluation of using DPA \nThe Secretary of Health and Human Services, in coordination with the Administrator of the Federal Emergency Management Agency and the Secretary of Defense, shall— (A) evaluate the use of the Defense Production Act of 1950 ( 50 U.S.C. 4501 et seq. ) for COVID–19 pandemic response; (B) not later than 1 year after the date of enactment of this Act, complete such evaluation and submit a report to the Congress on the results of such evaluation; and (C) include in such report— (i) recommendations on using the Defense Production Act of 1950 ( 50 U.S.C. 4501 et seq. ) for building domestic capacity to respond to an influenza pandemic; and (ii) input from external stakeholders. (d) National Influenza Vaccine Modernization Strategy \nThe Secretary of Health and Human Services shall— (1) implement the portions of the National Influenza Vaccine Modernization Strategy 2020–2030 that are within the authority of the Department of Health and Human Services to carry out (under other applicable provisions of law); and (2) by June 15 each calendar year through 2030, submit to the Congress a report on such implementation. (e) Assistant Secretary for Preparedness and Response \nSection 2811 of the Public Health Service Act ( 42 U.S.C. 300hh–10 ) is amended— (1) in subsection (b)— (A) in paragraph (3), by inserting , including the pandemic influenza medical countermeasures program under paragraphs (2)(E) and (4)(H) of section 319L(c) after qualified pandemic or epidemic products (as defined in section 319F–3) ; and (B) in paragraph (7), by inserting , including through the pandemic influenza medical countermeasures program under paragraphs (2)(E) and (4)(H) of section 319L(c) after for each such threat ; and (2) in subsection (d)(2)— (A) in subparagraph (J), by striking and at the end; (B) by redesignating subparagraph (K) as subparagraph (L); and (C) by inserting after subparagraph (J) the following: (K) evaluate progress with respect to implementing the National Influenza Vaccine Modernization Strategy, issued in June 2020, or any successor strategy; and. (f) Biomedical advanced research and development authority \n(1) Preparedness activities \nSection 319L(c) of the Public Health Service Act (42 U.S.C. 247d–7e(c)) is amended— (A) in paragraph (2)— (i) in subparagraph (C), by striking and at the end; (ii) in subparagraph (D), by striking the period at the end and inserting ; and ; and (iii) by adding at the end of the following: (E) supporting pandemic influenza countermeasure preparedness. ; and (B) in paragraph (4), by adding at the end of the following: (H) Pandemic influenza medical countermeasures program \nIn carrying out paragraph (2)(E), the Secretary shall establish and implement a program that— (i) supports research and development activities for qualified pandemic or epidemic products (as defined in section 319F–3), including by— (I) developing innovative technologies to enhance rapid response to pandemic influenza threats; (II) developing influenza vaccines with potential universal vaccination capability; (III) developing enhanced influenza vaccines with longer lasting broad spectrum protective immunity against a wider range of antigenically divergent influenza strains; (IV) developing alternative vaccine delivery approaches; (V) developing novel small- and large-molecule novel influenza antivirals, monoclonal antibodies, and other products that provide better influenza treatment and prevention; (VI) developing innovative technologies to enhance rapid diagnosis of influenza; and (VII) implementing the National Influenza Vaccine Modernization Strategy, issued in June 2020, or any successor strategy; (ii) ensures readiness to respond to qualified pandemic and epidemic threats, including by— (I) supporting development and manufacturing of influenza virus seeds, clinical trial lots, and stockpiles of novel influenza strains; (II) supporting the stockpile of influenza antivirals through diversifying and replenishing the existing stockpile of influenza antivirals; (III) supporting manufacturing and fill-finish rapid response infrastructure; (IV) supporting the stockpile of influenza testing equipment and supplies; and (V) testing and evaluating pandemic threat rapid response capabilities through regular preparedness drills with key public and private sector partners that examine the range of activities (including production and clinical testing of influenza diagnostics, vaccines, and therapeutics) required to effectively respond to novel threats; and (iii) builds, sustains, and replenishes qualified pandemic and epidemic stockpiles of bulk antigen and adjuvant material, including by— (I) annually testing the potency and shelflife potential of all existing pandemic and epidemic stockpiles held by the Department of Health and Human Services; and (II) developing, and disseminating to key public and private sector partners, a life cycle management plan.. (g) Authorization of appropriations \nSection 319L(d) of the Public Health Service Act (42 U.S.C. 247d–7e(d)) is amended by adding at the end the following: (3) Pandemic influenza \nTo carry out this section and section 2811 with respect to pandemic influenza, in addition to amounts authorized to be appropriated by paragraph (2) and any amounts authorized to be appropriated by section 2811, there is authorized to be appropriated $335,000,000 for each of the fiscal years 2024 through 2028, to remain available until expended..", "id": "H58562FB2FC444A9497058B56F51D2833", "header": "Strengthening and diversifying influenza vaccine, therapeutics, and diagnostics development, manufacturing, and supply chain", "nested": [ { "text": "(a) Timely delivery of first doses of finished influenza vaccine \n(1) National goal \nIt is a national goal for the United States, not later than 3 years after the date of enactment of this Act, to have the capacity to deliver first doses of finished influenza vaccine within 12 weeks of emergence of an influenza strain with pandemic potential. (2) Plan \nNot later than 6 months after the date of enactment of this Act, the Secretary of Health and Human Services, the Assistant Secretary for Preparedness and Response, and the Director of the Biomedical Advanced Research and Development Authority shall publish a plan to achieve the goal specified in paragraph (1).", "id": "H6F49C3874EF44F91BAFE72E1516104CC", "header": "Timely delivery of first doses of finished influenza vaccine", "nested": [], "links": [] }, { "text": "(b) Universal influenza vaccine \n(1) National goal \nIt is a national goal for the United States, not later than 10 years after the date of enactment of this Act, to have developed a universal influenza vaccine. (2) Plan \n(A) Publication \nNot later than 1 year after the date of enactment of this Act, the Secretary of Health and Human Services, the Director of the National Institutes of Health, and the Director of the Biomedical Advanced Research and Development Authority shall publish a plan to achieve the goal specified in paragraph (1) in partnership with vaccine manufacturers. (B) Interim support \nThe plan under subparagraph (A) shall include provisions, as necessary to achieve such goal, for support over the period of 5 years following the publication of such plan of the following: (i) Incremental vaccine efficacy improvements. (ii) The research workforce.", "id": "HB54E431C5CC8443A8D22D01BC191FDE0", "header": "Universal influenza vaccine", "nested": [], "links": [] }, { "text": "(c) Strengthening the vaccine supply chain \n(1) Public-private partnerships \n(A) In general \nThe Secretary of Health and Human Services shall— (i) establish public-private partnerships to strengthen the domestic vaccine supply chain; and (ii) evaluate the capabilities, capacity, and utilization of such partnerships, including by assessing and testing relevant logistical and interoperable technology with stakeholders in the supply chain. (B) Domestic vaccine supply chain \nFor purposes of this paragraph, the term domestic vaccine supply chain includes the full domestic supply chain, including— (i) production of ingredients and manufacturing and distribution of finished vaccines; (ii) fill-finish capacity; and (iii) the supply chain of ancillary supplies such as needles and syringes. (2) Evaluation of using DPA \nThe Secretary of Health and Human Services, in coordination with the Administrator of the Federal Emergency Management Agency and the Secretary of Defense, shall— (A) evaluate the use of the Defense Production Act of 1950 ( 50 U.S.C. 4501 et seq. ) for COVID–19 pandemic response; (B) not later than 1 year after the date of enactment of this Act, complete such evaluation and submit a report to the Congress on the results of such evaluation; and (C) include in such report— (i) recommendations on using the Defense Production Act of 1950 ( 50 U.S.C. 4501 et seq. ) for building domestic capacity to respond to an influenza pandemic; and (ii) input from external stakeholders.", "id": "H36BBB04EEE504CB1A4F36A3FCBE9AE4C", "header": "Strengthening the vaccine supply chain", "nested": [], "links": [ { "text": "50 U.S.C. 4501 et seq.", "legal-doc": "usc", "parsable-cite": "usc/50/4501" }, { "text": "50 U.S.C. 4501 et seq.", "legal-doc": "usc", "parsable-cite": "usc/50/4501" } ] }, { "text": "(d) National Influenza Vaccine Modernization Strategy \nThe Secretary of Health and Human Services shall— (1) implement the portions of the National Influenza Vaccine Modernization Strategy 2020–2030 that are within the authority of the Department of Health and Human Services to carry out (under other applicable provisions of law); and (2) by June 15 each calendar year through 2030, submit to the Congress a report on such implementation.", "id": "H3F2BEA531D8D47F0BFB9F61156D3FA9D", "header": "National Influenza Vaccine Modernization Strategy", "nested": [], "links": [] }, { "text": "(e) Assistant Secretary for Preparedness and Response \nSection 2811 of the Public Health Service Act ( 42 U.S.C. 300hh–10 ) is amended— (1) in subsection (b)— (A) in paragraph (3), by inserting , including the pandemic influenza medical countermeasures program under paragraphs (2)(E) and (4)(H) of section 319L(c) after qualified pandemic or epidemic products (as defined in section 319F–3) ; and (B) in paragraph (7), by inserting , including through the pandemic influenza medical countermeasures program under paragraphs (2)(E) and (4)(H) of section 319L(c) after for each such threat ; and (2) in subsection (d)(2)— (A) in subparagraph (J), by striking and at the end; (B) by redesignating subparagraph (K) as subparagraph (L); and (C) by inserting after subparagraph (J) the following: (K) evaluate progress with respect to implementing the National Influenza Vaccine Modernization Strategy, issued in June 2020, or any successor strategy; and.", "id": "H2CC21B6030AD46328EE24F39095366D4", "header": "Assistant Secretary for Preparedness and Response", "nested": [], "links": [ { "text": "42 U.S.C. 300hh–10", "legal-doc": "usc", "parsable-cite": "usc/42/300hh-10" } ] }, { "text": "(f) Biomedical advanced research and development authority \n(1) Preparedness activities \nSection 319L(c) of the Public Health Service Act (42 U.S.C. 247d–7e(c)) is amended— (A) in paragraph (2)— (i) in subparagraph (C), by striking and at the end; (ii) in subparagraph (D), by striking the period at the end and inserting ; and ; and (iii) by adding at the end of the following: (E) supporting pandemic influenza countermeasure preparedness. ; and (B) in paragraph (4), by adding at the end of the following: (H) Pandemic influenza medical countermeasures program \nIn carrying out paragraph (2)(E), the Secretary shall establish and implement a program that— (i) supports research and development activities for qualified pandemic or epidemic products (as defined in section 319F–3), including by— (I) developing innovative technologies to enhance rapid response to pandemic influenza threats; (II) developing influenza vaccines with potential universal vaccination capability; (III) developing enhanced influenza vaccines with longer lasting broad spectrum protective immunity against a wider range of antigenically divergent influenza strains; (IV) developing alternative vaccine delivery approaches; (V) developing novel small- and large-molecule novel influenza antivirals, monoclonal antibodies, and other products that provide better influenza treatment and prevention; (VI) developing innovative technologies to enhance rapid diagnosis of influenza; and (VII) implementing the National Influenza Vaccine Modernization Strategy, issued in June 2020, or any successor strategy; (ii) ensures readiness to respond to qualified pandemic and epidemic threats, including by— (I) supporting development and manufacturing of influenza virus seeds, clinical trial lots, and stockpiles of novel influenza strains; (II) supporting the stockpile of influenza antivirals through diversifying and replenishing the existing stockpile of influenza antivirals; (III) supporting manufacturing and fill-finish rapid response infrastructure; (IV) supporting the stockpile of influenza testing equipment and supplies; and (V) testing and evaluating pandemic threat rapid response capabilities through regular preparedness drills with key public and private sector partners that examine the range of activities (including production and clinical testing of influenza diagnostics, vaccines, and therapeutics) required to effectively respond to novel threats; and (iii) builds, sustains, and replenishes qualified pandemic and epidemic stockpiles of bulk antigen and adjuvant material, including by— (I) annually testing the potency and shelflife potential of all existing pandemic and epidemic stockpiles held by the Department of Health and Human Services; and (II) developing, and disseminating to key public and private sector partners, a life cycle management plan..", "id": "H902D2A53214648A2B69E4D5F2B1D5AAE", "header": "Biomedical advanced research and development authority", "nested": [], "links": [] }, { "text": "(g) Authorization of appropriations \nSection 319L(d) of the Public Health Service Act (42 U.S.C. 247d–7e(d)) is amended by adding at the end the following: (3) Pandemic influenza \nTo carry out this section and section 2811 with respect to pandemic influenza, in addition to amounts authorized to be appropriated by paragraph (2) and any amounts authorized to be appropriated by section 2811, there is authorized to be appropriated $335,000,000 for each of the fiscal years 2024 through 2028, to remain available until expended..", "id": "HCB7586C9A5BC4401ADD6990FFDC1B3CF", "header": "Authorization of appropriations", "nested": [], "links": [] } ], "links": [ { "text": "50 U.S.C. 4501 et seq.", "legal-doc": "usc", "parsable-cite": "usc/50/4501" }, { "text": "50 U.S.C. 4501 et seq.", "legal-doc": "usc", "parsable-cite": "usc/50/4501" }, { "text": "42 U.S.C. 300hh–10", "legal-doc": "usc", "parsable-cite": "usc/42/300hh-10" } ] }, { "text": "4. Promoting innovative approaches and use of new technologies to detect, prevent, and respond to influenza \n(a) Sense of Congress \nIt is the sense of Congress that the Centers for Disease Control and Prevention should support interoperable immunization information systems that enable bidirectional data exchange among States, localities, and community immunization providers. (b) Prioritizing influenza, influenza combination, and pathogen agnostic tools \n(1) NIH \nThe Director of the National Institutes of Health may conduct or support basic research prioritizing the development of— (A) agnostic tools to detect influenza and other pathogens; and (B) technologies that automate sample preparation for such tools. (2) BARDA \nThe Director of the Biomedical Advanced Research and Development Authority may conduct or support advanced development of novel sequencing modalities prioritizing tools described in paragraph (1)(A) and technologies described in paragraph (1)(B). (c) Development of point-of-Care and self-Testing diagnostics \nThe Director of the Biomedical Advanced Research and Development Authority, in collaboration with the Director of the Centers for Disease Control and Prevention, the Director of the National Institutes of Health, and the Commissioner of Food and Drugs, may conduct or support development of rapid, accurate, easily accessible, self-administrable diagnostic tests that are readable at the point of care or at home. (d) Incorporating diagnostics supply chain resiliency into influenza pandemic planning \nThe Assistant Secretary for Preparedness and Response, in collaboration with the Commissioner of Food and Drugs, the Director of the Centers for Disease Control and Prevention, the Secretary of Commerce, and the Secretary of Transportation, shall— (1) incorporate diagnostics supply chain resiliency into influenza pandemic planning that supports a health care system that tests to treat and bolsters testing and vaccine delivery supply chains; and (2) not later than 1 year after the date of enactment of this Act, publish a plan for rapidly expanding public and private diagnostic testing capacity (including at clinical laboratories, at public health department laboratories, and by means of self-testing) in an influenza pandemic, including addressing transportation infrastructure, the need for sterilization, and sourcing critical raw materials, components, and parts. (e) Scaling up prophylactic influenza antibody products that address gaps in coverage \nThe Director of the Biomedical Advanced Research and Development Authority may conduct or support preventive approaches, including those still in preclinical and clinical stages, to rapidly scale up preexposure prophylactic influenza antibody products that address influenza infection. (f) Modernizing potency assays \nThe Commissioner of Food and Drugs shall work with vaccine manufacturers to modernize potency assays across a variety of manufacturing technologies so as to reduce by 6 weeks the period required to first evaluate new vaccine candidates during a pandemic. (g) Improved influenza therapeutics \nThe Director of the Biomedical Advanced Research and Development Authority may conduct or support improved influenza therapeutics that— (1) are more broadly protective; and (2) meet the needs of high-risk and high-exposure patients.", "id": "H5DE2540018CD416EA774F662A3582097", "header": "Promoting innovative approaches and use of new technologies to detect, prevent, and respond to influenza", "nested": [ { "text": "(a) Sense of Congress \nIt is the sense of Congress that the Centers for Disease Control and Prevention should support interoperable immunization information systems that enable bidirectional data exchange among States, localities, and community immunization providers.", "id": "H20F94E3ACD414416B6FD4C3E340D1B04", "header": "Sense of Congress", "nested": [], "links": [] }, { "text": "(b) Prioritizing influenza, influenza combination, and pathogen agnostic tools \n(1) NIH \nThe Director of the National Institutes of Health may conduct or support basic research prioritizing the development of— (A) agnostic tools to detect influenza and other pathogens; and (B) technologies that automate sample preparation for such tools. (2) BARDA \nThe Director of the Biomedical Advanced Research and Development Authority may conduct or support advanced development of novel sequencing modalities prioritizing tools described in paragraph (1)(A) and technologies described in paragraph (1)(B).", "id": "HDFC1903A9A93499E8BA730A384A47921", "header": "Prioritizing influenza, influenza combination, and pathogen agnostic tools", "nested": [], "links": [] }, { "text": "(c) Development of point-of-Care and self-Testing diagnostics \nThe Director of the Biomedical Advanced Research and Development Authority, in collaboration with the Director of the Centers for Disease Control and Prevention, the Director of the National Institutes of Health, and the Commissioner of Food and Drugs, may conduct or support development of rapid, accurate, easily accessible, self-administrable diagnostic tests that are readable at the point of care or at home.", "id": "H22EEDD08BD1C499DAEAC672BE9467B29", "header": "Development of point-of-Care and self-Testing diagnostics", "nested": [], "links": [] }, { "text": "(d) Incorporating diagnostics supply chain resiliency into influenza pandemic planning \nThe Assistant Secretary for Preparedness and Response, in collaboration with the Commissioner of Food and Drugs, the Director of the Centers for Disease Control and Prevention, the Secretary of Commerce, and the Secretary of Transportation, shall— (1) incorporate diagnostics supply chain resiliency into influenza pandemic planning that supports a health care system that tests to treat and bolsters testing and vaccine delivery supply chains; and (2) not later than 1 year after the date of enactment of this Act, publish a plan for rapidly expanding public and private diagnostic testing capacity (including at clinical laboratories, at public health department laboratories, and by means of self-testing) in an influenza pandemic, including addressing transportation infrastructure, the need for sterilization, and sourcing critical raw materials, components, and parts.", "id": "H96BF524F3A9E4593B0865D2434F26801", "header": "Incorporating diagnostics supply chain resiliency into influenza pandemic planning", "nested": [], "links": [] }, { "text": "(e) Scaling up prophylactic influenza antibody products that address gaps in coverage \nThe Director of the Biomedical Advanced Research and Development Authority may conduct or support preventive approaches, including those still in preclinical and clinical stages, to rapidly scale up preexposure prophylactic influenza antibody products that address influenza infection.", "id": "H42705CA671A94567B443F351369C30B3", "header": "Scaling up prophylactic influenza antibody products that address gaps in coverage", "nested": [], "links": [] }, { "text": "(f) Modernizing potency assays \nThe Commissioner of Food and Drugs shall work with vaccine manufacturers to modernize potency assays across a variety of manufacturing technologies so as to reduce by 6 weeks the period required to first evaluate new vaccine candidates during a pandemic.", "id": "H8A84D221C7294D07AFAF95B4F5A611D7", "header": "Modernizing potency assays", "nested": [], "links": [] }, { "text": "(g) Improved influenza therapeutics \nThe Director of the Biomedical Advanced Research and Development Authority may conduct or support improved influenza therapeutics that— (1) are more broadly protective; and (2) meet the needs of high-risk and high-exposure patients.", "id": "HA9E6F0AB0BD8418380FCA1AB8EF63B39", "header": "Improved influenza therapeutics", "nested": [], "links": [] } ], "links": [] }, { "text": "5. Increasing influenza vaccine, therapeutics, and testing access and coverage across all populations \n(a) Annual report on public communication strategy \nThe Director of the Centers for Disease Control and Prevention shall submit an annual report to the Congress on the public communication strategy of the Centers to increase public confidence in the safety and effectiveness of vaccines. (b) Sense of Congress \nIt is the sense of Congress that the National Institutes of Health, the Director of the Centers for Disease Control and Prevention, the Secretary of Defense, the Secretary of Veterans Affairs, the Administrator of the Centers for Medicare & Medicaid Services, and the Commissioner of Food and Drugs should support research using large data sets from multiple sources of health data to further support and evaluate vaccine safety and effectiveness over multiple influenza seasons. (c) Addressing misinformation and disinformation \n(1) In general \nThe Secretary of Health and Human Services shall create partnerships to address misinformation and disinformation with respect to influenza vaccines. (2) Requirements \nThe partnerships under paragraph (1) shall— (A) build on lessons learned from COVID–19; and (B) allow for dissemination of best practices and lessons learned between partnering organizations. (3) Members \nThe members of the partnerships under paragraph (1) shall include representatives of organizations with experience working with vulnerable populations, including— (A) individuals with chronic health conditions; (B) older Americans; (C) parents of young children; (D) pregnant people; (E) Tribal communities; and (F) racial and ethnic minorities. (4) Conferring with partnering organizations \nThe Secretary of Health and Human Services shall confer with organizations represented in partnerships under paragraph (1)— (A) in advance of each seasonal influenza season, on messaging and communications; and (B) at the end of each seasonal influenza season, on best practices and lessons learned. (5) Report to Congress \nNot later than one year after the date of enactment of this Act, the Secretary of Health and Human Services shall report to the Congress on the partnerships created, and activities conducted, under this section. (d) Communications public-Private partnership \n(1) In general \nNot later than six months after the date of enactment of this Act, the Secretary of Health and Human Services shall implement a targeted demonstration project that provides for the establishment of a communications public-private partnership initiative for increasing vaccine confidence. (2) Requirements \nThe demonstration project under paragraph (1) shall— (A) be implemented through an independent, nongovernmental, nonprofit entity; (B) focus on individuals with chronic illness or other comorbidities who tend to have worse clinical outcomes from influenza (such as individuals with heart disease or diabetes, and racial and ethnic minorities); (C) support behavioral research around sources of vaccine hesitancy; and (D) develop and implement a targeted, multimodal communications campaign, using internet platforms, television, and nontraditional targeted social media and community outreach in an effort to reach individuals who may be especially vaccine hesitant. (3) Report \nNot later than six months after completion of the demonstration project under paragraph (1), the Secretary of Health and Human Services shall— (A) prepare a report on the demonstration project, including an evaluation of the project’s methods, findings, and results; and (B) make such report publicly available on the website of the Department of Health and Human Services. (e) Incorporating health equity into seasonal and pandemic influenza planning and response \nThe Director of the Centers for Disease Control and Prevention and the Assistant Secretary for Preparedness and Response shall— (1) incorporate health equity into the seasonal and pandemic influenza planning and response programs overseen by such officials; and (2) in so doing— (A) emphasize the inclusion of all populations; and (B) include strategies to reach communities of color, communities with lower socioeconomic status, seniors, and individuals with disabilities, including addressing barriers to vaccinations, therapeutics, and diagnostics in the point-of-care and at-home self-testing settings. (f) Expanding access to influenza treatment and adopting lessons learned from COVID–19 Federal Retail Pharmacy Program \n(1) Report \nNot later than 6 months after the date of enactment of this Act, the Secretary of Health and Human Services shall submit a report to the Congress on lessons learned from the COVID–19 Federal Retail Pharmacy Program, including aspects of the program that could be applied with respect to multianalyte tests that target COVID–19 as well as influenza and other upper respiratory viruses. (2) Demonstration project \n(A) In general \nNot later than one year after the date of enactment of this Act, the Secretary of Health and Human Services shall initiate an influenza test-to-treat demonstration project that builds on the test-to-treat model employed for COVID–19. (B) Length; locations \nThis demonstration project under subparagraph (A) shall run for the length of one seasonal influenza season and be based in one or more of the following locations: (i) Facilities that serve vulnerable populations, such as populations who are in long-term care facilities, are 65 years of age or older, may have other medical conditions, and will be in unavoidable close contact with others. (ii) Federal health care facilities that serve at-risk and vulnerable communities, such as Indian Health Service clinics, Federally qualified health centers (as defined in section 1861(aa) of the Social Security Act ( 42 U.S.C. 1395x(aa) )), and facilities of the Department of Veterans Affairs. (iii) Existing COVID–19 test-to-treat sites at retail pharmacies, potentially in specific geographic areas with historically high mortality from influenza. (iv) Other appropriate locations identified by the Secretary of Health and Human Services, in consultation with external stakeholder organizations, to test the operational feasibility and impact of influenza test-to-treat programs. (3) Report \nNot later than six months after completion of the demonstration project, the Secretary of Health and Human Services shall— (A) prepare a report on the demonstration project under paragraph (1), including an evaluation of the project’s methods, findings, and results; and (B) make such report publicly available on the website of the Department of Health and Human Services. (g) Creating administration pathways \nThe Secretary of Health and Human Services may award grants to States to create administration pathways for pharmacy personnel to administer influenza vaccines, tests, and therapeutics, in order to increase vaccination, testing, and relevant treatment as needed for adults and children. (h) Strategic National Stockpile \nThe Secretary of Health and Human Services shall incorporate into the Strategic National Stockpile under section 319F–2 of the Public Health Service Act ( 42 U.S.C. 247d–6b ) products needed to respond to pandemic influenza, including through— (1) dynamic management of antivirals; (2) vendor-managed inventory of testing equipment and supplies; (3) replenishment of aging antivirals, testing equipment, supplies, and other products; and (4) diversification of stockpiled products. (i) Monitoring and distributing influenza antiviral supplies \nThe Secretary of Health and Human Services shall— (1) monitor influenza antiviral supplies throughout the country and publicly report challenges in availability in any region, State, county, or metropolitan area; and (2) establish a process, to be used in the case of a pandemic or during times when influenza antiviral supply availability is challenged, to ensure rapid and effective distribution of products to areas of urgent need in close coordination with manufacturers, distributors, and State and local health officials. (j) Plan for ensuring access to appropriate influenza therapeutics, preexposure prophylaxis, and diagnostics \n(1) In general \nNot later than 1 year after the date of enactment of this Act, the Secretary of Health and Human Services shall publish a plan for ensuring access to appropriate influenza therapeutics, preexposure prophylaxis influenza antibody products, and influenza diagnostics, including during times when availability is challenged in certain regions or localities, for— (A) high-risk patients, such as nursing home and pediatric patients; (B) high-exposure patients, such as first responders and health care workers; and (C) low-income individuals, individuals covered by Medicaid, uninsured individuals, Tribal communities, and other underserved populations. (2) Communications efforts \nThe plan required by paragraph (1) shall include communications efforts to educate the public about the benefits of early use of influenza diagnostics, therapeutics, and preexposure prophylaxis products. (k) GAO review on transferring COVID–19 technologies \n(1) In general \nNot later than six months after the date of enactment of this Act, the Comptroller General of the United States shall conduct a review of the technology and systems utilized by the Centers for Disease Control and Prevention, the Administration for Strategic Preparedness and Response, Operation Warp Speed, the Countermeasure Acceleration Group, H–CORE, and other current and historical departments and agencies involved in the COVID–19 response for surveillance and tracking of COVID–19 cases, treatments, and vaccines, with particular focus on— (A) disease surveillance; (B) vaccine surveillance; and (C) vaccine effectiveness. (2) Scope \nThe review under paragraph (1) shall include— (A) assessment of which technology and systems can be applied to, or can be altered to apply to, influenza and other infectious diseases; and (B) formulation of recommendations for applying and altering technologies and systems as described in subparagraph (A). (3) Report by HHS to Congress \nNot later than 30 days after completion of the review required by paragraph (1), the Secretary of Health and Human Services shall submit a report to the Congress on the timeline and actions necessary to implement the recommendations formulated under paragraph (2)(B).", "id": "H84F90EC317AD47E7A4BC2B081902131D", "header": "Increasing influenza vaccine, therapeutics, and testing access and coverage across all populations", "nested": [ { "text": "(a) Annual report on public communication strategy \nThe Director of the Centers for Disease Control and Prevention shall submit an annual report to the Congress on the public communication strategy of the Centers to increase public confidence in the safety and effectiveness of vaccines.", "id": "HD5EA1C49489841C5B1A9941CA8542455", "header": "Annual report on public communication strategy", "nested": [], "links": [] }, { "text": "(b) Sense of Congress \nIt is the sense of Congress that the National Institutes of Health, the Director of the Centers for Disease Control and Prevention, the Secretary of Defense, the Secretary of Veterans Affairs, the Administrator of the Centers for Medicare & Medicaid Services, and the Commissioner of Food and Drugs should support research using large data sets from multiple sources of health data to further support and evaluate vaccine safety and effectiveness over multiple influenza seasons.", "id": "H39DFD4CA6DF44DE49A08F4AC76E4B5FE", "header": "Sense of Congress", "nested": [], "links": [] }, { "text": "(c) Addressing misinformation and disinformation \n(1) In general \nThe Secretary of Health and Human Services shall create partnerships to address misinformation and disinformation with respect to influenza vaccines. (2) Requirements \nThe partnerships under paragraph (1) shall— (A) build on lessons learned from COVID–19; and (B) allow for dissemination of best practices and lessons learned between partnering organizations. (3) Members \nThe members of the partnerships under paragraph (1) shall include representatives of organizations with experience working with vulnerable populations, including— (A) individuals with chronic health conditions; (B) older Americans; (C) parents of young children; (D) pregnant people; (E) Tribal communities; and (F) racial and ethnic minorities. (4) Conferring with partnering organizations \nThe Secretary of Health and Human Services shall confer with organizations represented in partnerships under paragraph (1)— (A) in advance of each seasonal influenza season, on messaging and communications; and (B) at the end of each seasonal influenza season, on best practices and lessons learned. (5) Report to Congress \nNot later than one year after the date of enactment of this Act, the Secretary of Health and Human Services shall report to the Congress on the partnerships created, and activities conducted, under this section.", "id": "HF632B59F4ADF428E8A833B2A072AE0C9", "header": "Addressing misinformation and disinformation", "nested": [], "links": [] }, { "text": "(d) Communications public-Private partnership \n(1) In general \nNot later than six months after the date of enactment of this Act, the Secretary of Health and Human Services shall implement a targeted demonstration project that provides for the establishment of a communications public-private partnership initiative for increasing vaccine confidence. (2) Requirements \nThe demonstration project under paragraph (1) shall— (A) be implemented through an independent, nongovernmental, nonprofit entity; (B) focus on individuals with chronic illness or other comorbidities who tend to have worse clinical outcomes from influenza (such as individuals with heart disease or diabetes, and racial and ethnic minorities); (C) support behavioral research around sources of vaccine hesitancy; and (D) develop and implement a targeted, multimodal communications campaign, using internet platforms, television, and nontraditional targeted social media and community outreach in an effort to reach individuals who may be especially vaccine hesitant. (3) Report \nNot later than six months after completion of the demonstration project under paragraph (1), the Secretary of Health and Human Services shall— (A) prepare a report on the demonstration project, including an evaluation of the project’s methods, findings, and results; and (B) make such report publicly available on the website of the Department of Health and Human Services.", "id": "H8230352D442C4427BFE5FF10FB63DE17", "header": "Communications public-Private partnership", "nested": [], "links": [] }, { "text": "(e) Incorporating health equity into seasonal and pandemic influenza planning and response \nThe Director of the Centers for Disease Control and Prevention and the Assistant Secretary for Preparedness and Response shall— (1) incorporate health equity into the seasonal and pandemic influenza planning and response programs overseen by such officials; and (2) in so doing— (A) emphasize the inclusion of all populations; and (B) include strategies to reach communities of color, communities with lower socioeconomic status, seniors, and individuals with disabilities, including addressing barriers to vaccinations, therapeutics, and diagnostics in the point-of-care and at-home self-testing settings.", "id": "HDFDBE48E647A43FCAFC54672644C189A", "header": "Incorporating health equity into seasonal and pandemic influenza planning and response", "nested": [], "links": [] }, { "text": "(f) Expanding access to influenza treatment and adopting lessons learned from COVID–19 Federal Retail Pharmacy Program \n(1) Report \nNot later than 6 months after the date of enactment of this Act, the Secretary of Health and Human Services shall submit a report to the Congress on lessons learned from the COVID–19 Federal Retail Pharmacy Program, including aspects of the program that could be applied with respect to multianalyte tests that target COVID–19 as well as influenza and other upper respiratory viruses. (2) Demonstration project \n(A) In general \nNot later than one year after the date of enactment of this Act, the Secretary of Health and Human Services shall initiate an influenza test-to-treat demonstration project that builds on the test-to-treat model employed for COVID–19. (B) Length; locations \nThis demonstration project under subparagraph (A) shall run for the length of one seasonal influenza season and be based in one or more of the following locations: (i) Facilities that serve vulnerable populations, such as populations who are in long-term care facilities, are 65 years of age or older, may have other medical conditions, and will be in unavoidable close contact with others. (ii) Federal health care facilities that serve at-risk and vulnerable communities, such as Indian Health Service clinics, Federally qualified health centers (as defined in section 1861(aa) of the Social Security Act ( 42 U.S.C. 1395x(aa) )), and facilities of the Department of Veterans Affairs. (iii) Existing COVID–19 test-to-treat sites at retail pharmacies, potentially in specific geographic areas with historically high mortality from influenza. (iv) Other appropriate locations identified by the Secretary of Health and Human Services, in consultation with external stakeholder organizations, to test the operational feasibility and impact of influenza test-to-treat programs. (3) Report \nNot later than six months after completion of the demonstration project, the Secretary of Health and Human Services shall— (A) prepare a report on the demonstration project under paragraph (1), including an evaluation of the project’s methods, findings, and results; and (B) make such report publicly available on the website of the Department of Health and Human Services.", "id": "HDBF4D656C79544419F536797BCFB1FB5", "header": "Expanding access to influenza treatment and adopting lessons learned from COVID–19 Federal Retail Pharmacy Program", "nested": [], "links": [ { "text": "42 U.S.C. 1395x(aa)", "legal-doc": "usc", "parsable-cite": "usc/42/1395x" } ] }, { "text": "(g) Creating administration pathways \nThe Secretary of Health and Human Services may award grants to States to create administration pathways for pharmacy personnel to administer influenza vaccines, tests, and therapeutics, in order to increase vaccination, testing, and relevant treatment as needed for adults and children.", "id": "H0ED6191EDEA84047B381E3299ED302B7", "header": "Creating administration pathways", "nested": [], "links": [] }, { "text": "(h) Strategic National Stockpile \nThe Secretary of Health and Human Services shall incorporate into the Strategic National Stockpile under section 319F–2 of the Public Health Service Act ( 42 U.S.C. 247d–6b ) products needed to respond to pandemic influenza, including through— (1) dynamic management of antivirals; (2) vendor-managed inventory of testing equipment and supplies; (3) replenishment of aging antivirals, testing equipment, supplies, and other products; and (4) diversification of stockpiled products.", "id": "HBA663A1E342241FFBC10D38D98703696", "header": "Strategic National Stockpile", "nested": [], "links": [ { "text": "42 U.S.C. 247d–6b", "legal-doc": "usc", "parsable-cite": "usc/42/247d-6b" } ] }, { "text": "(i) Monitoring and distributing influenza antiviral supplies \nThe Secretary of Health and Human Services shall— (1) monitor influenza antiviral supplies throughout the country and publicly report challenges in availability in any region, State, county, or metropolitan area; and (2) establish a process, to be used in the case of a pandemic or during times when influenza antiviral supply availability is challenged, to ensure rapid and effective distribution of products to areas of urgent need in close coordination with manufacturers, distributors, and State and local health officials.", "id": "H13ED43E27D8B4ED381D7AF6472533182", "header": "Monitoring and distributing influenza antiviral supplies", "nested": [], "links": [] }, { "text": "(j) Plan for ensuring access to appropriate influenza therapeutics, preexposure prophylaxis, and diagnostics \n(1) In general \nNot later than 1 year after the date of enactment of this Act, the Secretary of Health and Human Services shall publish a plan for ensuring access to appropriate influenza therapeutics, preexposure prophylaxis influenza antibody products, and influenza diagnostics, including during times when availability is challenged in certain regions or localities, for— (A) high-risk patients, such as nursing home and pediatric patients; (B) high-exposure patients, such as first responders and health care workers; and (C) low-income individuals, individuals covered by Medicaid, uninsured individuals, Tribal communities, and other underserved populations. (2) Communications efforts \nThe plan required by paragraph (1) shall include communications efforts to educate the public about the benefits of early use of influenza diagnostics, therapeutics, and preexposure prophylaxis products.", "id": "HDDE501B23791443E86B41CAF3895E49C", "header": "Plan for ensuring access to appropriate influenza therapeutics, preexposure prophylaxis, and diagnostics", "nested": [], "links": [] }, { "text": "(k) GAO review on transferring COVID–19 technologies \n(1) In general \nNot later than six months after the date of enactment of this Act, the Comptroller General of the United States shall conduct a review of the technology and systems utilized by the Centers for Disease Control and Prevention, the Administration for Strategic Preparedness and Response, Operation Warp Speed, the Countermeasure Acceleration Group, H–CORE, and other current and historical departments and agencies involved in the COVID–19 response for surveillance and tracking of COVID–19 cases, treatments, and vaccines, with particular focus on— (A) disease surveillance; (B) vaccine surveillance; and (C) vaccine effectiveness. (2) Scope \nThe review under paragraph (1) shall include— (A) assessment of which technology and systems can be applied to, or can be altered to apply to, influenza and other infectious diseases; and (B) formulation of recommendations for applying and altering technologies and systems as described in subparagraph (A). (3) Report by HHS to Congress \nNot later than 30 days after completion of the review required by paragraph (1), the Secretary of Health and Human Services shall submit a report to the Congress on the timeline and actions necessary to implement the recommendations formulated under paragraph (2)(B).", "id": "H1C8A6D6DF7964544A8FEAE7678C258CA", "header": "GAO review on transferring COVID–19 technologies", "nested": [], "links": [] } ], "links": [ { "text": "42 U.S.C. 1395x(aa)", "legal-doc": "usc", "parsable-cite": "usc/42/1395x" }, { "text": "42 U.S.C. 247d–6b", "legal-doc": "usc", "parsable-cite": "usc/42/247d-6b" } ] }, { "text": "6. Authorizing sustainable funding for the influenza ecosystem \n(a) Influenza Planning and Response Program \nThere is authorized to be appropriated $231,000,000 for fiscal year 2024 and each subsequent fiscal year for programs and activities of the Centers for Disease Control and Prevention relating to influenza planning and response. (b) Strategic National Stockpile \nThere is authorized to be appropriated $965,000,000 for fiscal year 2024 and each subsequent fiscal year for the Strategic National Stockpile under section 319F–2 of the Public Health Service Act ( 42 U.S.C. 247d–6b ). (c) Hospital Preparedness Program \nThere is authorized to be appropriated $305,000,000 for fiscal year 2024 and each subsequent fiscal year for Hospital Preparedness Program of the Assistant Secretary for Preparedness and Response. (d) Universal Flu Vaccine Research \nThere is authorized to be appropriated $270,000,000 for fiscal year 2024 and each subsequent fiscal year for research of the National Institutes of Health to develop a universal flu vaccine. (e) Immunization Program \nThere is authorized to be appropriated $682,000,000 for fiscal year 2024 and each subsequent fiscal year for the immunization program of the Centers for Disease Control and Prevention under section 317 of the Public Health Service Act ( 42 U.S.C. 247b ). (f) Public Health Emergency Preparedness Program \nThere is authorized to be appropriated $735,000,000 for fiscal year 2024 and each subsequent fiscal year for the Public Health Emergency Preparedness Program of the Centers for Disease Control and Prevention. (g) Infectious Disease Rapid Response Reserve Fund \nThere is authorized to be appropriated $35,000,000 for fiscal year 2024 and each subsequent fiscal year for the Infectious Disease Rapid Response Reserve Fund of the Centers for Disease Control and Prevention. (h) Data Modernization Initiative \nThere is authorized to be appropriated $175,000,000 for fiscal year 2024 and each subsequent fiscal year for the Public Health Data Modernization Initiative of the Centers for Disease Control and Prevention. (i) Health defense operations budget matters \n(1) Designation \nSection 251(b)(2) of the Balanced Budget and Emergency Deficit Control Act of 1985 ( 2 U.S.C. 901(b)(2) ) is amended by adding at the end the following: (H) Health defense operations \n(i) If, for any fiscal year, appropriations for discretionary accounts are enacted that the Congress designates in statute on an account-by-account basis as being for health defense operations, then the adjustment for that fiscal year shall be the total of such appropriations for that fiscal year. (ii) Any report or explanatory statement accompanying an appropriations Act that contains an account with amounts that are designated as being for health defense operations pursuant to clause (i) shall specify each program, project, or activity that will be funded by such amounts, and a specific dollar amount provided for each such program, project, or activity.. (2) Professional bypass budget \nTitle IV of the Public Health Service Act ( 42 U.S.C. 281 et seq. ) is amended by inserting after section 402B the following: 402C. Health defense operations professional bypass budget \n(a) In general \nFor fiscal year 2025 and each fiscal year thereafter, the Director of the Centers for Disease Control and Prevention, the Director of the National Institutes of Health, and the Assistant Secretary for Preparedness and Response shall prepare and submit directly to the President for review and transmittal to Congress, after reasonable opportunity for comment, but without change, by the Secretary of Health and Human Services, an annual budget estimate (including an estimate of the number and type of personnel needs for the Institutes) for amounts to be designated as being for health defense operations pursuant to subparagraph (H) of section 251(b)(2) of the Balanced Budget and Emergency Deficit Control Act of 1985. (b) Programs, projects, and activities \nAny budget estimate submitted pursuant to subsection (a) by the Director shall include any program, project, or activity that received funds designated under such subparagraph (H) for the fiscal year during which such budget is submitted, except that the Director may modify the programs, projects, or activities contained in such budget estimate as circumstances warrant..", "id": "HBFF8305366CE44C0871D22A73A49D54D", "header": "Authorizing sustainable funding for the influenza ecosystem", "nested": [ { "text": "(a) Influenza Planning and Response Program \nThere is authorized to be appropriated $231,000,000 for fiscal year 2024 and each subsequent fiscal year for programs and activities of the Centers for Disease Control and Prevention relating to influenza planning and response.", "id": "HABCD062A399B4C34B2EB7BCA1AB01992", "header": "Influenza Planning and Response Program", "nested": [], "links": [] }, { "text": "(b) Strategic National Stockpile \nThere is authorized to be appropriated $965,000,000 for fiscal year 2024 and each subsequent fiscal year for the Strategic National Stockpile under section 319F–2 of the Public Health Service Act ( 42 U.S.C. 247d–6b ).", "id": "HF8607C1343BE4FBE85FC61173EBC6D4C", "header": "Strategic National Stockpile", "nested": [], "links": [ { "text": "42 U.S.C. 247d–6b", "legal-doc": "usc", "parsable-cite": "usc/42/247d-6b" } ] }, { "text": "(c) Hospital Preparedness Program \nThere is authorized to be appropriated $305,000,000 for fiscal year 2024 and each subsequent fiscal year for Hospital Preparedness Program of the Assistant Secretary for Preparedness and Response.", "id": "HAFC0EC689620451AA61FE6F4F52B47E3", "header": "Hospital Preparedness Program", "nested": [], "links": [] }, { "text": "(d) Universal Flu Vaccine Research \nThere is authorized to be appropriated $270,000,000 for fiscal year 2024 and each subsequent fiscal year for research of the National Institutes of Health to develop a universal flu vaccine.", "id": "H50CA25188C5349EBAE2CCE7C9C55CD80", "header": "Universal Flu Vaccine Research", "nested": [], "links": [] }, { "text": "(e) Immunization Program \nThere is authorized to be appropriated $682,000,000 for fiscal year 2024 and each subsequent fiscal year for the immunization program of the Centers for Disease Control and Prevention under section 317 of the Public Health Service Act ( 42 U.S.C. 247b ).", "id": "HA884DF6B8A184ED38C9A230284151F8B", "header": "Immunization Program", "nested": [], "links": [ { "text": "42 U.S.C. 247b", "legal-doc": "usc", "parsable-cite": "usc/42/247b" } ] }, { "text": "(f) Public Health Emergency Preparedness Program \nThere is authorized to be appropriated $735,000,000 for fiscal year 2024 and each subsequent fiscal year for the Public Health Emergency Preparedness Program of the Centers for Disease Control and Prevention.", "id": "HD11FC70CBB984A649289973469564856", "header": "Public Health Emergency Preparedness Program", "nested": [], "links": [] }, { "text": "(g) Infectious Disease Rapid Response Reserve Fund \nThere is authorized to be appropriated $35,000,000 for fiscal year 2024 and each subsequent fiscal year for the Infectious Disease Rapid Response Reserve Fund of the Centers for Disease Control and Prevention.", "id": "H582FA90D43394174A1D048AB43930E5B", "header": "Infectious Disease Rapid Response Reserve Fund", "nested": [], "links": [] }, { "text": "(h) Data Modernization Initiative \nThere is authorized to be appropriated $175,000,000 for fiscal year 2024 and each subsequent fiscal year for the Public Health Data Modernization Initiative of the Centers for Disease Control and Prevention.", "id": "HC5EBCA824D1A4471AA5E3D8FF4DFFE9D", "header": "Data Modernization Initiative", "nested": [], "links": [] }, { "text": "(i) Health defense operations budget matters \n(1) Designation \nSection 251(b)(2) of the Balanced Budget and Emergency Deficit Control Act of 1985 ( 2 U.S.C. 901(b)(2) ) is amended by adding at the end the following: (H) Health defense operations \n(i) If, for any fiscal year, appropriations for discretionary accounts are enacted that the Congress designates in statute on an account-by-account basis as being for health defense operations, then the adjustment for that fiscal year shall be the total of such appropriations for that fiscal year. (ii) Any report or explanatory statement accompanying an appropriations Act that contains an account with amounts that are designated as being for health defense operations pursuant to clause (i) shall specify each program, project, or activity that will be funded by such amounts, and a specific dollar amount provided for each such program, project, or activity.. (2) Professional bypass budget \nTitle IV of the Public Health Service Act ( 42 U.S.C. 281 et seq. ) is amended by inserting after section 402B the following: 402C. Health defense operations professional bypass budget \n(a) In general \nFor fiscal year 2025 and each fiscal year thereafter, the Director of the Centers for Disease Control and Prevention, the Director of the National Institutes of Health, and the Assistant Secretary for Preparedness and Response shall prepare and submit directly to the President for review and transmittal to Congress, after reasonable opportunity for comment, but without change, by the Secretary of Health and Human Services, an annual budget estimate (including an estimate of the number and type of personnel needs for the Institutes) for amounts to be designated as being for health defense operations pursuant to subparagraph (H) of section 251(b)(2) of the Balanced Budget and Emergency Deficit Control Act of 1985. (b) Programs, projects, and activities \nAny budget estimate submitted pursuant to subsection (a) by the Director shall include any program, project, or activity that received funds designated under such subparagraph (H) for the fiscal year during which such budget is submitted, except that the Director may modify the programs, projects, or activities contained in such budget estimate as circumstances warrant..", "id": "H6075AEA8306B484A89D087787966C755", "header": "Health defense operations budget matters", "nested": [], "links": [ { "text": "2 U.S.C. 901(b)(2)", "legal-doc": "usc", "parsable-cite": "usc/2/901" }, { "text": "42 U.S.C. 281 et seq.", "legal-doc": "usc", "parsable-cite": "usc/42/281" } ] } ], "links": [ { "text": "42 U.S.C. 247d–6b", "legal-doc": "usc", "parsable-cite": "usc/42/247d-6b" }, { "text": "42 U.S.C. 247b", "legal-doc": "usc", "parsable-cite": "usc/42/247b" }, { "text": "2 U.S.C. 901(b)(2)", "legal-doc": "usc", "parsable-cite": "usc/2/901" }, { "text": "42 U.S.C. 281 et seq.", "legal-doc": "usc", "parsable-cite": "usc/42/281" } ] }, { "text": "402C. Health defense operations professional bypass budget \n(a) In general \nFor fiscal year 2025 and each fiscal year thereafter, the Director of the Centers for Disease Control and Prevention, the Director of the National Institutes of Health, and the Assistant Secretary for Preparedness and Response shall prepare and submit directly to the President for review and transmittal to Congress, after reasonable opportunity for comment, but without change, by the Secretary of Health and Human Services, an annual budget estimate (including an estimate of the number and type of personnel needs for the Institutes) for amounts to be designated as being for health defense operations pursuant to subparagraph (H) of section 251(b)(2) of the Balanced Budget and Emergency Deficit Control Act of 1985. (b) Programs, projects, and activities \nAny budget estimate submitted pursuant to subsection (a) by the Director shall include any program, project, or activity that received funds designated under such subparagraph (H) for the fiscal year during which such budget is submitted, except that the Director may modify the programs, projects, or activities contained in such budget estimate as circumstances warrant.", "id": "H4AA0B16CBF3246689F8FDA7F1853E0AF", "header": "Health defense operations professional bypass budget", "nested": [ { "text": "(a) In general \nFor fiscal year 2025 and each fiscal year thereafter, the Director of the Centers for Disease Control and Prevention, the Director of the National Institutes of Health, and the Assistant Secretary for Preparedness and Response shall prepare and submit directly to the President for review and transmittal to Congress, after reasonable opportunity for comment, but without change, by the Secretary of Health and Human Services, an annual budget estimate (including an estimate of the number and type of personnel needs for the Institutes) for amounts to be designated as being for health defense operations pursuant to subparagraph (H) of section 251(b)(2) of the Balanced Budget and Emergency Deficit Control Act of 1985.", "id": "H3F67E48BFC854BA6AB7D4C8FCBE98B39", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Programs, projects, and activities \nAny budget estimate submitted pursuant to subsection (a) by the Director shall include any program, project, or activity that received funds designated under such subparagraph (H) for the fiscal year during which such budget is submitted, except that the Director may modify the programs, projects, or activities contained in such budget estimate as circumstances warrant.", "id": "HBC259DA218E547488E0CBC98117CC9D3", "header": "Programs, projects, and activities", "nested": [], "links": [] } ], "links": [] } ]
7
1. Short title This Act may be cited as the Protecting America from Seasonal and Pandemic Influenza Act of 2023. 2. Findings The Congress finds the following: (1) Influenza occurs seasonally each year, and throughout history has caused devastating pandemics. The 1918 influenza pandemic killed an estimated 675,000 Americans. (2) In an average season, influenza results in 12,000 to 52,000 deaths in the United States, including over 100 pediatric deaths. Additionally, influenza causes hundreds of thousands of hospitalizations and millions of illnesses. (3) The Council of Economic Advisors issued a report in 2019 estimating that seasonal influenza costs the United States approximately $361,000,000,000 per year, and that an influenza pandemic has the potential to cause up to $3,790,000,000,000 in losses. This report was issued prior to the COVID–19 pandemic, which will cost the United States an estimated $16,000,000,000,000. (4) Most funding for pandemic influenza preparedness up until fiscal year 2018 was derived from supplemental appropriations that dated back to the 2009 H1N1 pandemic. (5) Centers for Disease Control and Prevention (in this preamble referred to as the CDC ) studies of influenza hospitalization rates by race and ethnicity during 10 influenza seasons from 2009 to 2019 showed that people from racial and ethnic minority groups are at higher risk for being hospitalized with influenza. (6) The COVID–19 pandemic response has been built on the pandemic influenza response ecosystem. (7) Strategies that increase seasonal influenza vaccination rates will also improve pandemic readiness. (8) The National Influenza Vaccine Modernization Strategy of 2020–2030 of the Department of Health and Human Services should be implemented as quickly as possible to ensure the Nation’s vaccine enterprise is highly responsive, flexible, scalable, and effective at reducing the impact of seasonal and pandemic influenza viruses. (9) Influenza surveillance has been improved significantly over the last several years by deploying next-generation gene sequencing tools to analyze circulating influenza viruses. The technology allows the CDC to study more influenza viruses faster and in more detail, and to monitor genetic changes in influenza viruses to better understand and improve the effectiveness of influenza vaccines. (10) Influenza diagnosis and surveillance has improved significantly over the last several years by advances in influenza testing. Timely infection control and prevention strategies would be significantly bolstered by accurate and readily accessible at-home diagnostic tests. Rapid diagnostics can improve access for underserved populations and allow for better antibiotic stewardship. (11) Vaccine hesitancy in the United States has reached a tipping point where it is adversely affecting public health. Misinformation is widely available on social media, and traditional sources of information on the value and efficacy of vaccines are not trusted by many Americans, especially those who are vaccine hesitant. (12) Support for vaccine communication, outreach, and administration across public health and health care settings is critical to drive demand of influenza vaccines, treatments, and medical countermeasures and ensure equitable uptake of these innovations. 3. Strengthening and diversifying influenza vaccine, therapeutics, and diagnostics development, manufacturing, and supply chain (a) Timely delivery of first doses of finished influenza vaccine (1) National goal It is a national goal for the United States, not later than 3 years after the date of enactment of this Act, to have the capacity to deliver first doses of finished influenza vaccine within 12 weeks of emergence of an influenza strain with pandemic potential. (2) Plan Not later than 6 months after the date of enactment of this Act, the Secretary of Health and Human Services, the Assistant Secretary for Preparedness and Response, and the Director of the Biomedical Advanced Research and Development Authority shall publish a plan to achieve the goal specified in paragraph (1). (b) Universal influenza vaccine (1) National goal It is a national goal for the United States, not later than 10 years after the date of enactment of this Act, to have developed a universal influenza vaccine. (2) Plan (A) Publication Not later than 1 year after the date of enactment of this Act, the Secretary of Health and Human Services, the Director of the National Institutes of Health, and the Director of the Biomedical Advanced Research and Development Authority shall publish a plan to achieve the goal specified in paragraph (1) in partnership with vaccine manufacturers. (B) Interim support The plan under subparagraph (A) shall include provisions, as necessary to achieve such goal, for support over the period of 5 years following the publication of such plan of the following: (i) Incremental vaccine efficacy improvements. (ii) The research workforce. (c) Strengthening the vaccine supply chain (1) Public-private partnerships (A) In general The Secretary of Health and Human Services shall— (i) establish public-private partnerships to strengthen the domestic vaccine supply chain; and (ii) evaluate the capabilities, capacity, and utilization of such partnerships, including by assessing and testing relevant logistical and interoperable technology with stakeholders in the supply chain. (B) Domestic vaccine supply chain For purposes of this paragraph, the term domestic vaccine supply chain includes the full domestic supply chain, including— (i) production of ingredients and manufacturing and distribution of finished vaccines; (ii) fill-finish capacity; and (iii) the supply chain of ancillary supplies such as needles and syringes. (2) Evaluation of using DPA The Secretary of Health and Human Services, in coordination with the Administrator of the Federal Emergency Management Agency and the Secretary of Defense, shall— (A) evaluate the use of the Defense Production Act of 1950 ( 50 U.S.C. 4501 et seq. ) for COVID–19 pandemic response; (B) not later than 1 year after the date of enactment of this Act, complete such evaluation and submit a report to the Congress on the results of such evaluation; and (C) include in such report— (i) recommendations on using the Defense Production Act of 1950 ( 50 U.S.C. 4501 et seq. ) for building domestic capacity to respond to an influenza pandemic; and (ii) input from external stakeholders. (d) National Influenza Vaccine Modernization Strategy The Secretary of Health and Human Services shall— (1) implement the portions of the National Influenza Vaccine Modernization Strategy 2020–2030 that are within the authority of the Department of Health and Human Services to carry out (under other applicable provisions of law); and (2) by June 15 each calendar year through 2030, submit to the Congress a report on such implementation. (e) Assistant Secretary for Preparedness and Response Section 2811 of the Public Health Service Act ( 42 U.S.C. 300hh–10 ) is amended— (1) in subsection (b)— (A) in paragraph (3), by inserting , including the pandemic influenza medical countermeasures program under paragraphs (2)(E) and (4)(H) of section 319L(c) after qualified pandemic or epidemic products (as defined in section 319F–3) ; and (B) in paragraph (7), by inserting , including through the pandemic influenza medical countermeasures program under paragraphs (2)(E) and (4)(H) of section 319L(c) after for each such threat ; and (2) in subsection (d)(2)— (A) in subparagraph (J), by striking and at the end; (B) by redesignating subparagraph (K) as subparagraph (L); and (C) by inserting after subparagraph (J) the following: (K) evaluate progress with respect to implementing the National Influenza Vaccine Modernization Strategy, issued in June 2020, or any successor strategy; and. (f) Biomedical advanced research and development authority (1) Preparedness activities Section 319L(c) of the Public Health Service Act (42 U.S.C. 247d–7e(c)) is amended— (A) in paragraph (2)— (i) in subparagraph (C), by striking and at the end; (ii) in subparagraph (D), by striking the period at the end and inserting ; and ; and (iii) by adding at the end of the following: (E) supporting pandemic influenza countermeasure preparedness. ; and (B) in paragraph (4), by adding at the end of the following: (H) Pandemic influenza medical countermeasures program In carrying out paragraph (2)(E), the Secretary shall establish and implement a program that— (i) supports research and development activities for qualified pandemic or epidemic products (as defined in section 319F–3), including by— (I) developing innovative technologies to enhance rapid response to pandemic influenza threats; (II) developing influenza vaccines with potential universal vaccination capability; (III) developing enhanced influenza vaccines with longer lasting broad spectrum protective immunity against a wider range of antigenically divergent influenza strains; (IV) developing alternative vaccine delivery approaches; (V) developing novel small- and large-molecule novel influenza antivirals, monoclonal antibodies, and other products that provide better influenza treatment and prevention; (VI) developing innovative technologies to enhance rapid diagnosis of influenza; and (VII) implementing the National Influenza Vaccine Modernization Strategy, issued in June 2020, or any successor strategy; (ii) ensures readiness to respond to qualified pandemic and epidemic threats, including by— (I) supporting development and manufacturing of influenza virus seeds, clinical trial lots, and stockpiles of novel influenza strains; (II) supporting the stockpile of influenza antivirals through diversifying and replenishing the existing stockpile of influenza antivirals; (III) supporting manufacturing and fill-finish rapid response infrastructure; (IV) supporting the stockpile of influenza testing equipment and supplies; and (V) testing and evaluating pandemic threat rapid response capabilities through regular preparedness drills with key public and private sector partners that examine the range of activities (including production and clinical testing of influenza diagnostics, vaccines, and therapeutics) required to effectively respond to novel threats; and (iii) builds, sustains, and replenishes qualified pandemic and epidemic stockpiles of bulk antigen and adjuvant material, including by— (I) annually testing the potency and shelflife potential of all existing pandemic and epidemic stockpiles held by the Department of Health and Human Services; and (II) developing, and disseminating to key public and private sector partners, a life cycle management plan.. (g) Authorization of appropriations Section 319L(d) of the Public Health Service Act (42 U.S.C. 247d–7e(d)) is amended by adding at the end the following: (3) Pandemic influenza To carry out this section and section 2811 with respect to pandemic influenza, in addition to amounts authorized to be appropriated by paragraph (2) and any amounts authorized to be appropriated by section 2811, there is authorized to be appropriated $335,000,000 for each of the fiscal years 2024 through 2028, to remain available until expended.. 4. Promoting innovative approaches and use of new technologies to detect, prevent, and respond to influenza (a) Sense of Congress It is the sense of Congress that the Centers for Disease Control and Prevention should support interoperable immunization information systems that enable bidirectional data exchange among States, localities, and community immunization providers. (b) Prioritizing influenza, influenza combination, and pathogen agnostic tools (1) NIH The Director of the National Institutes of Health may conduct or support basic research prioritizing the development of— (A) agnostic tools to detect influenza and other pathogens; and (B) technologies that automate sample preparation for such tools. (2) BARDA The Director of the Biomedical Advanced Research and Development Authority may conduct or support advanced development of novel sequencing modalities prioritizing tools described in paragraph (1)(A) and technologies described in paragraph (1)(B). (c) Development of point-of-Care and self-Testing diagnostics The Director of the Biomedical Advanced Research and Development Authority, in collaboration with the Director of the Centers for Disease Control and Prevention, the Director of the National Institutes of Health, and the Commissioner of Food and Drugs, may conduct or support development of rapid, accurate, easily accessible, self-administrable diagnostic tests that are readable at the point of care or at home. (d) Incorporating diagnostics supply chain resiliency into influenza pandemic planning The Assistant Secretary for Preparedness and Response, in collaboration with the Commissioner of Food and Drugs, the Director of the Centers for Disease Control and Prevention, the Secretary of Commerce, and the Secretary of Transportation, shall— (1) incorporate diagnostics supply chain resiliency into influenza pandemic planning that supports a health care system that tests to treat and bolsters testing and vaccine delivery supply chains; and (2) not later than 1 year after the date of enactment of this Act, publish a plan for rapidly expanding public and private diagnostic testing capacity (including at clinical laboratories, at public health department laboratories, and by means of self-testing) in an influenza pandemic, including addressing transportation infrastructure, the need for sterilization, and sourcing critical raw materials, components, and parts. (e) Scaling up prophylactic influenza antibody products that address gaps in coverage The Director of the Biomedical Advanced Research and Development Authority may conduct or support preventive approaches, including those still in preclinical and clinical stages, to rapidly scale up preexposure prophylactic influenza antibody products that address influenza infection. (f) Modernizing potency assays The Commissioner of Food and Drugs shall work with vaccine manufacturers to modernize potency assays across a variety of manufacturing technologies so as to reduce by 6 weeks the period required to first evaluate new vaccine candidates during a pandemic. (g) Improved influenza therapeutics The Director of the Biomedical Advanced Research and Development Authority may conduct or support improved influenza therapeutics that— (1) are more broadly protective; and (2) meet the needs of high-risk and high-exposure patients. 5. Increasing influenza vaccine, therapeutics, and testing access and coverage across all populations (a) Annual report on public communication strategy The Director of the Centers for Disease Control and Prevention shall submit an annual report to the Congress on the public communication strategy of the Centers to increase public confidence in the safety and effectiveness of vaccines. (b) Sense of Congress It is the sense of Congress that the National Institutes of Health, the Director of the Centers for Disease Control and Prevention, the Secretary of Defense, the Secretary of Veterans Affairs, the Administrator of the Centers for Medicare & Medicaid Services, and the Commissioner of Food and Drugs should support research using large data sets from multiple sources of health data to further support and evaluate vaccine safety and effectiveness over multiple influenza seasons. (c) Addressing misinformation and disinformation (1) In general The Secretary of Health and Human Services shall create partnerships to address misinformation and disinformation with respect to influenza vaccines. (2) Requirements The partnerships under paragraph (1) shall— (A) build on lessons learned from COVID–19; and (B) allow for dissemination of best practices and lessons learned between partnering organizations. (3) Members The members of the partnerships under paragraph (1) shall include representatives of organizations with experience working with vulnerable populations, including— (A) individuals with chronic health conditions; (B) older Americans; (C) parents of young children; (D) pregnant people; (E) Tribal communities; and (F) racial and ethnic minorities. (4) Conferring with partnering organizations The Secretary of Health and Human Services shall confer with organizations represented in partnerships under paragraph (1)— (A) in advance of each seasonal influenza season, on messaging and communications; and (B) at the end of each seasonal influenza season, on best practices and lessons learned. (5) Report to Congress Not later than one year after the date of enactment of this Act, the Secretary of Health and Human Services shall report to the Congress on the partnerships created, and activities conducted, under this section. (d) Communications public-Private partnership (1) In general Not later than six months after the date of enactment of this Act, the Secretary of Health and Human Services shall implement a targeted demonstration project that provides for the establishment of a communications public-private partnership initiative for increasing vaccine confidence. (2) Requirements The demonstration project under paragraph (1) shall— (A) be implemented through an independent, nongovernmental, nonprofit entity; (B) focus on individuals with chronic illness or other comorbidities who tend to have worse clinical outcomes from influenza (such as individuals with heart disease or diabetes, and racial and ethnic minorities); (C) support behavioral research around sources of vaccine hesitancy; and (D) develop and implement a targeted, multimodal communications campaign, using internet platforms, television, and nontraditional targeted social media and community outreach in an effort to reach individuals who may be especially vaccine hesitant. (3) Report Not later than six months after completion of the demonstration project under paragraph (1), the Secretary of Health and Human Services shall— (A) prepare a report on the demonstration project, including an evaluation of the project’s methods, findings, and results; and (B) make such report publicly available on the website of the Department of Health and Human Services. (e) Incorporating health equity into seasonal and pandemic influenza planning and response The Director of the Centers for Disease Control and Prevention and the Assistant Secretary for Preparedness and Response shall— (1) incorporate health equity into the seasonal and pandemic influenza planning and response programs overseen by such officials; and (2) in so doing— (A) emphasize the inclusion of all populations; and (B) include strategies to reach communities of color, communities with lower socioeconomic status, seniors, and individuals with disabilities, including addressing barriers to vaccinations, therapeutics, and diagnostics in the point-of-care and at-home self-testing settings. (f) Expanding access to influenza treatment and adopting lessons learned from COVID–19 Federal Retail Pharmacy Program (1) Report Not later than 6 months after the date of enactment of this Act, the Secretary of Health and Human Services shall submit a report to the Congress on lessons learned from the COVID–19 Federal Retail Pharmacy Program, including aspects of the program that could be applied with respect to multianalyte tests that target COVID–19 as well as influenza and other upper respiratory viruses. (2) Demonstration project (A) In general Not later than one year after the date of enactment of this Act, the Secretary of Health and Human Services shall initiate an influenza test-to-treat demonstration project that builds on the test-to-treat model employed for COVID–19. (B) Length; locations This demonstration project under subparagraph (A) shall run for the length of one seasonal influenza season and be based in one or more of the following locations: (i) Facilities that serve vulnerable populations, such as populations who are in long-term care facilities, are 65 years of age or older, may have other medical conditions, and will be in unavoidable close contact with others. (ii) Federal health care facilities that serve at-risk and vulnerable communities, such as Indian Health Service clinics, Federally qualified health centers (as defined in section 1861(aa) of the Social Security Act ( 42 U.S.C. 1395x(aa) )), and facilities of the Department of Veterans Affairs. (iii) Existing COVID–19 test-to-treat sites at retail pharmacies, potentially in specific geographic areas with historically high mortality from influenza. (iv) Other appropriate locations identified by the Secretary of Health and Human Services, in consultation with external stakeholder organizations, to test the operational feasibility and impact of influenza test-to-treat programs. (3) Report Not later than six months after completion of the demonstration project, the Secretary of Health and Human Services shall— (A) prepare a report on the demonstration project under paragraph (1), including an evaluation of the project’s methods, findings, and results; and (B) make such report publicly available on the website of the Department of Health and Human Services. (g) Creating administration pathways The Secretary of Health and Human Services may award grants to States to create administration pathways for pharmacy personnel to administer influenza vaccines, tests, and therapeutics, in order to increase vaccination, testing, and relevant treatment as needed for adults and children. (h) Strategic National Stockpile The Secretary of Health and Human Services shall incorporate into the Strategic National Stockpile under section 319F–2 of the Public Health Service Act ( 42 U.S.C. 247d–6b ) products needed to respond to pandemic influenza, including through— (1) dynamic management of antivirals; (2) vendor-managed inventory of testing equipment and supplies; (3) replenishment of aging antivirals, testing equipment, supplies, and other products; and (4) diversification of stockpiled products. (i) Monitoring and distributing influenza antiviral supplies The Secretary of Health and Human Services shall— (1) monitor influenza antiviral supplies throughout the country and publicly report challenges in availability in any region, State, county, or metropolitan area; and (2) establish a process, to be used in the case of a pandemic or during times when influenza antiviral supply availability is challenged, to ensure rapid and effective distribution of products to areas of urgent need in close coordination with manufacturers, distributors, and State and local health officials. (j) Plan for ensuring access to appropriate influenza therapeutics, preexposure prophylaxis, and diagnostics (1) In general Not later than 1 year after the date of enactment of this Act, the Secretary of Health and Human Services shall publish a plan for ensuring access to appropriate influenza therapeutics, preexposure prophylaxis influenza antibody products, and influenza diagnostics, including during times when availability is challenged in certain regions or localities, for— (A) high-risk patients, such as nursing home and pediatric patients; (B) high-exposure patients, such as first responders and health care workers; and (C) low-income individuals, individuals covered by Medicaid, uninsured individuals, Tribal communities, and other underserved populations. (2) Communications efforts The plan required by paragraph (1) shall include communications efforts to educate the public about the benefits of early use of influenza diagnostics, therapeutics, and preexposure prophylaxis products. (k) GAO review on transferring COVID–19 technologies (1) In general Not later than six months after the date of enactment of this Act, the Comptroller General of the United States shall conduct a review of the technology and systems utilized by the Centers for Disease Control and Prevention, the Administration for Strategic Preparedness and Response, Operation Warp Speed, the Countermeasure Acceleration Group, H–CORE, and other current and historical departments and agencies involved in the COVID–19 response for surveillance and tracking of COVID–19 cases, treatments, and vaccines, with particular focus on— (A) disease surveillance; (B) vaccine surveillance; and (C) vaccine effectiveness. (2) Scope The review under paragraph (1) shall include— (A) assessment of which technology and systems can be applied to, or can be altered to apply to, influenza and other infectious diseases; and (B) formulation of recommendations for applying and altering technologies and systems as described in subparagraph (A). (3) Report by HHS to Congress Not later than 30 days after completion of the review required by paragraph (1), the Secretary of Health and Human Services shall submit a report to the Congress on the timeline and actions necessary to implement the recommendations formulated under paragraph (2)(B). 6. Authorizing sustainable funding for the influenza ecosystem (a) Influenza Planning and Response Program There is authorized to be appropriated $231,000,000 for fiscal year 2024 and each subsequent fiscal year for programs and activities of the Centers for Disease Control and Prevention relating to influenza planning and response. (b) Strategic National Stockpile There is authorized to be appropriated $965,000,000 for fiscal year 2024 and each subsequent fiscal year for the Strategic National Stockpile under section 319F–2 of the Public Health Service Act ( 42 U.S.C. 247d–6b ). (c) Hospital Preparedness Program There is authorized to be appropriated $305,000,000 for fiscal year 2024 and each subsequent fiscal year for Hospital Preparedness Program of the Assistant Secretary for Preparedness and Response. (d) Universal Flu Vaccine Research There is authorized to be appropriated $270,000,000 for fiscal year 2024 and each subsequent fiscal year for research of the National Institutes of Health to develop a universal flu vaccine. (e) Immunization Program There is authorized to be appropriated $682,000,000 for fiscal year 2024 and each subsequent fiscal year for the immunization program of the Centers for Disease Control and Prevention under section 317 of the Public Health Service Act ( 42 U.S.C. 247b ). (f) Public Health Emergency Preparedness Program There is authorized to be appropriated $735,000,000 for fiscal year 2024 and each subsequent fiscal year for the Public Health Emergency Preparedness Program of the Centers for Disease Control and Prevention. (g) Infectious Disease Rapid Response Reserve Fund There is authorized to be appropriated $35,000,000 for fiscal year 2024 and each subsequent fiscal year for the Infectious Disease Rapid Response Reserve Fund of the Centers for Disease Control and Prevention. (h) Data Modernization Initiative There is authorized to be appropriated $175,000,000 for fiscal year 2024 and each subsequent fiscal year for the Public Health Data Modernization Initiative of the Centers for Disease Control and Prevention. (i) Health defense operations budget matters (1) Designation Section 251(b)(2) of the Balanced Budget and Emergency Deficit Control Act of 1985 ( 2 U.S.C. 901(b)(2) ) is amended by adding at the end the following: (H) Health defense operations (i) If, for any fiscal year, appropriations for discretionary accounts are enacted that the Congress designates in statute on an account-by-account basis as being for health defense operations, then the adjustment for that fiscal year shall be the total of such appropriations for that fiscal year. (ii) Any report or explanatory statement accompanying an appropriations Act that contains an account with amounts that are designated as being for health defense operations pursuant to clause (i) shall specify each program, project, or activity that will be funded by such amounts, and a specific dollar amount provided for each such program, project, or activity.. (2) Professional bypass budget Title IV of the Public Health Service Act ( 42 U.S.C. 281 et seq. ) is amended by inserting after section 402B the following: 402C. Health defense operations professional bypass budget (a) In general For fiscal year 2025 and each fiscal year thereafter, the Director of the Centers for Disease Control and Prevention, the Director of the National Institutes of Health, and the Assistant Secretary for Preparedness and Response shall prepare and submit directly to the President for review and transmittal to Congress, after reasonable opportunity for comment, but without change, by the Secretary of Health and Human Services, an annual budget estimate (including an estimate of the number and type of personnel needs for the Institutes) for amounts to be designated as being for health defense operations pursuant to subparagraph (H) of section 251(b)(2) of the Balanced Budget and Emergency Deficit Control Act of 1985. (b) Programs, projects, and activities Any budget estimate submitted pursuant to subsection (a) by the Director shall include any program, project, or activity that received funds designated under such subparagraph (H) for the fiscal year during which such budget is submitted, except that the Director may modify the programs, projects, or activities contained in such budget estimate as circumstances warrant.. 402C. Health defense operations professional bypass budget (a) In general For fiscal year 2025 and each fiscal year thereafter, the Director of the Centers for Disease Control and Prevention, the Director of the National Institutes of Health, and the Assistant Secretary for Preparedness and Response shall prepare and submit directly to the President for review and transmittal to Congress, after reasonable opportunity for comment, but without change, by the Secretary of Health and Human Services, an annual budget estimate (including an estimate of the number and type of personnel needs for the Institutes) for amounts to be designated as being for health defense operations pursuant to subparagraph (H) of section 251(b)(2) of the Balanced Budget and Emergency Deficit Control Act of 1985. (b) Programs, projects, and activities Any budget estimate submitted pursuant to subsection (a) by the Director shall include any program, project, or activity that received funds designated under such subparagraph (H) for the fiscal year during which such budget is submitted, except that the Director may modify the programs, projects, or activities contained in such budget estimate as circumstances warrant.
30,602
[ "Energy and Commerce Committee", "Budget Committee", "Financial Services Committee" ]
118hr6984ih
118
hr
6,984
ih
To designate the Federal building located at 300 E. 3rd Street in North Platte, Nebraska, as the Virginia Smith Federal Building, and for other purposes.
[ { "text": "1. Virginia Smith Federal Building \n(a) Designation \nThe Federal building located at 300 E. 3rd Street in North Platte, Nebraska, shall be known and designated as the Virginia Smith Federal Building. (b) References \nAny reference in a law, map, regulation, document, paper, or other record of the United States to the Federal building referred to in subsection (a) shall be deemed to be a reference to the Virginia Smith Federal Building.", "id": "H7727EB6C3FC54378AA1BE693EB956AE2", "header": "Virginia Smith Federal Building", "nested": [ { "text": "(a) Designation \nThe Federal building located at 300 E. 3rd Street in North Platte, Nebraska, shall be known and designated as the Virginia Smith Federal Building.", "id": "HF137AE32FF414ED09DD5020D510DE3D3", "header": "Designation", "nested": [], "links": [] }, { "text": "(b) References \nAny reference in a law, map, regulation, document, paper, or other record of the United States to the Federal building referred to in subsection (a) shall be deemed to be a reference to the Virginia Smith Federal Building.", "id": "HD1690A5405AB41B0992466DC9A08FC20", "header": "References", "nested": [], "links": [] } ], "links": [] } ]
1
1. Virginia Smith Federal Building (a) Designation The Federal building located at 300 E. 3rd Street in North Platte, Nebraska, shall be known and designated as the Virginia Smith Federal Building. (b) References Any reference in a law, map, regulation, document, paper, or other record of the United States to the Federal building referred to in subsection (a) shall be deemed to be a reference to the Virginia Smith Federal Building.
438
[ "Transportation and Infrastructure Committee" ]
118hr1492ih
118
hr
1,492
ih
To require the Congressional Budget Office to make publicly available the fiscal and mathematical models, data, and other details of computations used in cost analysis and scoring.
[ { "text": "1. Short title \nThis Act may be cited as the CBO Show Your Work Act.", "id": "HE15E8E3801D94A538D68558F21A1D2B5", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Publication of Congressional Budget Office models \n(a) In general \nSection 402 of the Congressional Budget Act of 1974 ( 2 U.S.C. 653 ) is amended— (1) by striking The Director and inserting the following: (a) In general \nThe Director ; and (2) by adding at the end the following: (b) Publication of models and data \nThe Director of the Congressional Budget Office shall make available to Members of Congress and make publicly available on the website of the Congressional Budget Office— (1) each fiscal model, policy model, and data preparation routine used by the Congressional Budget Office in estimating the costs and other fiscal, social, or economic effects of legislation, including estimates prepared under subsection (a); (2) any update of a model or routine described in paragraph (1); (3) subject to paragraph (4), for each estimate of the costs and other fiscal effects of legislation, including estimates prepared under subsection (a), the data, programs, models, assumptions, and other details of the computations used by the Congressional Budget Office in preparing the estimate, in a manner sufficient to permit replication by individuals not employed by the Congressional Budget Office; and (4) for any data that is required not to be disclosed by the Congressional Budget Office— (A) a complete list of all data variables for such data; (B) descriptive statistics for all data variables for such data (including averages, standard deviations, number of observations, and correlations to other variables), to the extent that the descriptive statistics do not violate the rule against disclosure; (C) a reference to the statute requiring that the data not be disclosed; and (D) information regarding how to contact the individual or entity who has unrestricted access to the data.. (b) Effective date \nThe amendments made by subsection (a) shall apply on and after the date that is 6 months after the date of enactment of this Act.", "id": "HCBA71A99A399426DA079E0D2C6B696E4", "header": "Publication of Congressional Budget Office models", "nested": [ { "text": "(a) In general \nSection 402 of the Congressional Budget Act of 1974 ( 2 U.S.C. 653 ) is amended— (1) by striking The Director and inserting the following: (a) In general \nThe Director ; and (2) by adding at the end the following: (b) Publication of models and data \nThe Director of the Congressional Budget Office shall make available to Members of Congress and make publicly available on the website of the Congressional Budget Office— (1) each fiscal model, policy model, and data preparation routine used by the Congressional Budget Office in estimating the costs and other fiscal, social, or economic effects of legislation, including estimates prepared under subsection (a); (2) any update of a model or routine described in paragraph (1); (3) subject to paragraph (4), for each estimate of the costs and other fiscal effects of legislation, including estimates prepared under subsection (a), the data, programs, models, assumptions, and other details of the computations used by the Congressional Budget Office in preparing the estimate, in a manner sufficient to permit replication by individuals not employed by the Congressional Budget Office; and (4) for any data that is required not to be disclosed by the Congressional Budget Office— (A) a complete list of all data variables for such data; (B) descriptive statistics for all data variables for such data (including averages, standard deviations, number of observations, and correlations to other variables), to the extent that the descriptive statistics do not violate the rule against disclosure; (C) a reference to the statute requiring that the data not be disclosed; and (D) information regarding how to contact the individual or entity who has unrestricted access to the data..", "id": "H8E84C58F0C6F41D7974E4FC599E73FA5", "header": "In general", "nested": [], "links": [ { "text": "2 U.S.C. 653", "legal-doc": "usc", "parsable-cite": "usc/2/653" } ] }, { "text": "(b) Effective date \nThe amendments made by subsection (a) shall apply on and after the date that is 6 months after the date of enactment of this Act.", "id": "H86FF5A1DD5664AEFB4B6C7A750730DA9", "header": "Effective date", "nested": [], "links": [] } ], "links": [ { "text": "2 U.S.C. 653", "legal-doc": "usc", "parsable-cite": "usc/2/653" } ] } ]
2
1. Short title This Act may be cited as the CBO Show Your Work Act. 2. Publication of Congressional Budget Office models (a) In general Section 402 of the Congressional Budget Act of 1974 ( 2 U.S.C. 653 ) is amended— (1) by striking The Director and inserting the following: (a) In general The Director ; and (2) by adding at the end the following: (b) Publication of models and data The Director of the Congressional Budget Office shall make available to Members of Congress and make publicly available on the website of the Congressional Budget Office— (1) each fiscal model, policy model, and data preparation routine used by the Congressional Budget Office in estimating the costs and other fiscal, social, or economic effects of legislation, including estimates prepared under subsection (a); (2) any update of a model or routine described in paragraph (1); (3) subject to paragraph (4), for each estimate of the costs and other fiscal effects of legislation, including estimates prepared under subsection (a), the data, programs, models, assumptions, and other details of the computations used by the Congressional Budget Office in preparing the estimate, in a manner sufficient to permit replication by individuals not employed by the Congressional Budget Office; and (4) for any data that is required not to be disclosed by the Congressional Budget Office— (A) a complete list of all data variables for such data; (B) descriptive statistics for all data variables for such data (including averages, standard deviations, number of observations, and correlations to other variables), to the extent that the descriptive statistics do not violate the rule against disclosure; (C) a reference to the statute requiring that the data not be disclosed; and (D) information regarding how to contact the individual or entity who has unrestricted access to the data.. (b) Effective date The amendments made by subsection (a) shall apply on and after the date that is 6 months after the date of enactment of this Act.
2,019
[ "Budget Committee" ]
118hr1227ih
118
hr
1,227
ih
To modify the age requirement for the Student Incentive Payment Program of the State maritime academies.
[ { "text": "1. Short title \nThis Act may be cited as the Changing Age-Determined Eligibility To Student Incentive Payments Act or the CADETS Act.", "id": "H6D1A75F796684A5E8A4B79838724A95A", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Age requirement for the Student Incentive Payment Program of the State maritime academies \nSection 51509 of title 46, United States Code, is amended by adding at the end the following: (i) Age requirement \nThe Secretary may make an agreement under this section only with a qualified student who will meet the age requirement for enlistment in the Navy Reserve at the time of graduation from the academy..", "id": "H4BF8023A0CF243C5A5A09A8AE4C4CAAB", "header": "Age requirement for the Student Incentive Payment Program of the State maritime academies", "nested": [], "links": [] } ]
2
1. Short title This Act may be cited as the Changing Age-Determined Eligibility To Student Incentive Payments Act or the CADETS Act. 2. Age requirement for the Student Incentive Payment Program of the State maritime academies Section 51509 of title 46, United States Code, is amended by adding at the end the following: (i) Age requirement The Secretary may make an agreement under this section only with a qualified student who will meet the age requirement for enlistment in the Navy Reserve at the time of graduation from the academy..
541
[ "Armed Services Committee" ]
118hr5646ih
118
hr
5,646
ih
To amend the Higher Education Act of 1965 to require institutions of higher education to disclose hazing incidents, and for other purposes.
[ { "text": "1. Short title \nThis Act may be cited as the Stop Campus Hazing Act.", "id": "H245FDF5531DD478F95860AEF88199107", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Inclusion of hazing incidents in annual security reports \nSection 485(f)(1)(F) of the Higher Education Act of 1965 ( 20 U.S.C. 1092(f)(1)(F) ) is amended— (1) in clause (i)(IX), by striking and after the semicolon; (2) in clause (ii), by striking and after the semicolon; (3) in clause (iii), by striking the period at the end and inserting ; and ; and (4) by adding at the end the following: (iv) of hazing incidents that were reported to campus security authorities or local police agencies..", "id": "HF31B29815D5141E8A1BD29A0ABDD297E", "header": "Inclusion of hazing incidents in annual security reports", "nested": [], "links": [ { "text": "20 U.S.C. 1092(f)(1)(F)", "legal-doc": "usc", "parsable-cite": "usc/20/1092" } ] }, { "text": "3. Definition of hazing \nSection 485(f)(6)(A) of the Higher Education Act of 1965 ( 20 U.S.C. 1092(f)(6)(A) ) is amended— (1) by redesignating clauses (iii) through (v) as clauses (iv) through (vi), respectively; and (2) by inserting after clause (ii) the following: (iii) The term hazing means any intentional, knowing, or reckless act committed by a person, whether individually or in concert with other persons, against a student regardless of that student's willingness to participate, that— (I) was committed in connection with an initiation into, an affiliation with, or the maintenance of membership in, an organization (such as a club, society, association, athletic team, fraternity, sorority, or student government); and (II) causes or is likely to contribute to a substantial risk, above the reasonable risk encountered in the course of participation in the institution of higher education or the organization (such as the physical training necessary for participation in an athletic team), of physical injury, mental harm, or degradation..", "id": "HE9634CEFA79140389D9DA8303742D27C", "header": "Definition of hazing", "nested": [], "links": [ { "text": "20 U.S.C. 1092(f)(6)(A)", "legal-doc": "usc", "parsable-cite": "usc/20/1092" } ] }, { "text": "4. Recording of hazing incidents \nSection 485(f)(7) of the Higher Education Act of 1965 ( 20 U.S.C. 1092(f)(7) ) is amended by inserting after the second sentence the following: For hazing incidents, such statistics shall be compiled in accordance with the definition of that term in paragraph (6)(A)(iii)..", "id": "H601C93472B7D4A14B6BA042156E35CF7", "header": "Recording of hazing incidents", "nested": [], "links": [ { "text": "20 U.S.C. 1092(f)(7)", "legal-doc": "usc", "parsable-cite": "usc/20/1092" } ] }, { "text": "5. Hazing education and reporting \nSection 485(f) of the Higher Education Act of 1965 ( 20 U.S.C. 1092(f) ) is amended— (1) by redesignating paragraphs (9) through (18) as paragraphs (10) through (19), respectively; and (2) by inserting after paragraph (8) the following: (9) (A) Each institution of higher education participating in any program under this title, other than a foreign institution of higher education, shall develop and distribute as part of the report described in paragraph (1) a statement of policy regarding the following: (i) A comprehensive program to prevent hazing that shall— (I) be a campus-wide program for students, staff, faculty, and other campus stakeholders, such as alumni and families of students; (II) be a research-based program; (III) be designed and implemented in partnership with a broad coalition of campus stakeholders, including leadership of the institution, faculty, staff, students, alumni, and families of students; (IV) include information on hazing awareness, hazing prevention, the institution's policies on hazing, how to report hazing, and the process used to investigate hazing; and (V) include skill building for bystander intervention, information about ethical leadership, and the promotion of strategies for building group cohesion without hazing. (ii) The institution’s current campus policies relating to hazing, which shall include procedures that comply with the following: (I) The institution shall— (aa) collect information, beginning not later than 6 months after the date of enactment of the Stop Campus Hazing Act , with respect to hazing incidents and hazing prevention policies of the institution; (bb) prepare, in accordance with this clause, a report (which shall be referred to as the Campus Hazing Transparency Report ) containing the information required under this clause; (cc) make the Campus Hazing Transparency Report publicly available not later than 12 months after the date of enactment of the Stop Campus Hazing Act ; and (dd) update the Campus Hazing Transparency Report not less frequently than on January 15 and July 15 of each year, with, for each such update, each incident for which a formal finding has been issued, as described in subclause (II), during the period preceding such update that ends 15 days before the date of such update. (II) The Campus Hazing Transparency Report shall include each incident involving a student of the institution for which a formal finding of guilt, responsibility, or culpability is issued that either of the following was committed: (aa) A violation related to hazing— (AA) of the institution’s standards of conduct; or (BB) of Federal, State, or local law. (bb) When committed in connection with a violation reported under item (aa) and that threatened a student’s physical safety (including a violation involving the abuse or illegal use of alcohol or drugs), any violation of— (AA) the institution’s standards of conduct; or (BB) Federal, State, or local law. (III) The Campus Hazing Transparency Report shall include, for each formal finding under subclause (II), the following: (aa) The name of the organization with which the violation that resulted in a formal finding of guilt, responsibility, or culpability, was committed in connection. (bb) A general description of the violation that resulted in a formal finding of guilt, responsibility, or culpability, the charges, the findings of the institution, and the sanctions placed on the organization. (cc) The dates on which— (AA) the incident was alleged to have occurred; (BB) the violation that resulted in a formal finding of guilt, responsibility, or culpability was charged; (CC) the investigation was initiated; and (DD) the investigation ended with a finding that a violation occurred. (IV) The Campus Hazing Transparency Report shall not include any information that would reveal personally identifiable information about any individual student. (V) The institution shall provide, in a prominent location on the institution's public website, a link to the webpage that contains the Campus Hazing Transparency Report. Such webpage shall include— (aa) a statement notifying the public of the availability of information including findings or sanctions, except information protected under section 444 of the General Education Provisions Act (commonly known as the Family Educational Rights and Privacy Act of 1974 ); (bb) a description of how a member of the public may obtain such information; (cc) a statement that the institution is required to provide such information pursuant to this clause; (dd) a statement notifying the public of the availability of the statistics required to be made available under paragraph (1)(F); and (ee) information about the institution’s anti-hazing policy. (B) Each institution shall maintain each Campus Hazing Transparency Report on its website for a period of 7 academic years. (C) In the case of an allegation that a multi-institution organization was involved in a hazing incident, the requirements of this subsection shall apply only to the institution or institutions at which the persons involved in such allegation are enrolled or were formerly enrolled, including any student who was a victim in the alleged incident..", "id": "HD60B5007BBFD4B73A477D49CB765DBEE", "header": "Hazing education and reporting", "nested": [], "links": [ { "text": "20 U.S.C. 1092(f)", "legal-doc": "usc", "parsable-cite": "usc/20/1092" } ] }, { "text": "6. Rule of construction \nNothing in this Act, or an amendment made by this Act, shall be construed to alter legal standards regarding, or affect the rights (including remedies and procedures) available to individuals under the Constitution of the United States or other Federal laws that establish protections for freedom of speech or expression.", "id": "H962FDA4126EB42B9847DC627D930D173", "header": "Rule of construction", "nested": [], "links": [] } ]
6
1. Short title This Act may be cited as the Stop Campus Hazing Act. 2. Inclusion of hazing incidents in annual security reports Section 485(f)(1)(F) of the Higher Education Act of 1965 ( 20 U.S.C. 1092(f)(1)(F) ) is amended— (1) in clause (i)(IX), by striking and after the semicolon; (2) in clause (ii), by striking and after the semicolon; (3) in clause (iii), by striking the period at the end and inserting ; and ; and (4) by adding at the end the following: (iv) of hazing incidents that were reported to campus security authorities or local police agencies.. 3. Definition of hazing Section 485(f)(6)(A) of the Higher Education Act of 1965 ( 20 U.S.C. 1092(f)(6)(A) ) is amended— (1) by redesignating clauses (iii) through (v) as clauses (iv) through (vi), respectively; and (2) by inserting after clause (ii) the following: (iii) The term hazing means any intentional, knowing, or reckless act committed by a person, whether individually or in concert with other persons, against a student regardless of that student's willingness to participate, that— (I) was committed in connection with an initiation into, an affiliation with, or the maintenance of membership in, an organization (such as a club, society, association, athletic team, fraternity, sorority, or student government); and (II) causes or is likely to contribute to a substantial risk, above the reasonable risk encountered in the course of participation in the institution of higher education or the organization (such as the physical training necessary for participation in an athletic team), of physical injury, mental harm, or degradation.. 4. Recording of hazing incidents Section 485(f)(7) of the Higher Education Act of 1965 ( 20 U.S.C. 1092(f)(7) ) is amended by inserting after the second sentence the following: For hazing incidents, such statistics shall be compiled in accordance with the definition of that term in paragraph (6)(A)(iii).. 5. Hazing education and reporting Section 485(f) of the Higher Education Act of 1965 ( 20 U.S.C. 1092(f) ) is amended— (1) by redesignating paragraphs (9) through (18) as paragraphs (10) through (19), respectively; and (2) by inserting after paragraph (8) the following: (9) (A) Each institution of higher education participating in any program under this title, other than a foreign institution of higher education, shall develop and distribute as part of the report described in paragraph (1) a statement of policy regarding the following: (i) A comprehensive program to prevent hazing that shall— (I) be a campus-wide program for students, staff, faculty, and other campus stakeholders, such as alumni and families of students; (II) be a research-based program; (III) be designed and implemented in partnership with a broad coalition of campus stakeholders, including leadership of the institution, faculty, staff, students, alumni, and families of students; (IV) include information on hazing awareness, hazing prevention, the institution's policies on hazing, how to report hazing, and the process used to investigate hazing; and (V) include skill building for bystander intervention, information about ethical leadership, and the promotion of strategies for building group cohesion without hazing. (ii) The institution’s current campus policies relating to hazing, which shall include procedures that comply with the following: (I) The institution shall— (aa) collect information, beginning not later than 6 months after the date of enactment of the Stop Campus Hazing Act , with respect to hazing incidents and hazing prevention policies of the institution; (bb) prepare, in accordance with this clause, a report (which shall be referred to as the Campus Hazing Transparency Report ) containing the information required under this clause; (cc) make the Campus Hazing Transparency Report publicly available not later than 12 months after the date of enactment of the Stop Campus Hazing Act ; and (dd) update the Campus Hazing Transparency Report not less frequently than on January 15 and July 15 of each year, with, for each such update, each incident for which a formal finding has been issued, as described in subclause (II), during the period preceding such update that ends 15 days before the date of such update. (II) The Campus Hazing Transparency Report shall include each incident involving a student of the institution for which a formal finding of guilt, responsibility, or culpability is issued that either of the following was committed: (aa) A violation related to hazing— (AA) of the institution’s standards of conduct; or (BB) of Federal, State, or local law. (bb) When committed in connection with a violation reported under item (aa) and that threatened a student’s physical safety (including a violation involving the abuse or illegal use of alcohol or drugs), any violation of— (AA) the institution’s standards of conduct; or (BB) Federal, State, or local law. (III) The Campus Hazing Transparency Report shall include, for each formal finding under subclause (II), the following: (aa) The name of the organization with which the violation that resulted in a formal finding of guilt, responsibility, or culpability, was committed in connection. (bb) A general description of the violation that resulted in a formal finding of guilt, responsibility, or culpability, the charges, the findings of the institution, and the sanctions placed on the organization. (cc) The dates on which— (AA) the incident was alleged to have occurred; (BB) the violation that resulted in a formal finding of guilt, responsibility, or culpability was charged; (CC) the investigation was initiated; and (DD) the investigation ended with a finding that a violation occurred. (IV) The Campus Hazing Transparency Report shall not include any information that would reveal personally identifiable information about any individual student. (V) The institution shall provide, in a prominent location on the institution's public website, a link to the webpage that contains the Campus Hazing Transparency Report. Such webpage shall include— (aa) a statement notifying the public of the availability of information including findings or sanctions, except information protected under section 444 of the General Education Provisions Act (commonly known as the Family Educational Rights and Privacy Act of 1974 ); (bb) a description of how a member of the public may obtain such information; (cc) a statement that the institution is required to provide such information pursuant to this clause; (dd) a statement notifying the public of the availability of the statistics required to be made available under paragraph (1)(F); and (ee) information about the institution’s anti-hazing policy. (B) Each institution shall maintain each Campus Hazing Transparency Report on its website for a period of 7 academic years. (C) In the case of an allegation that a multi-institution organization was involved in a hazing incident, the requirements of this subsection shall apply only to the institution or institutions at which the persons involved in such allegation are enrolled or were formerly enrolled, including any student who was a victim in the alleged incident.. 6. Rule of construction Nothing in this Act, or an amendment made by this Act, shall be construed to alter legal standards regarding, or affect the rights (including remedies and procedures) available to individuals under the Constitution of the United States or other Federal laws that establish protections for freedom of speech or expression.
7,527
[ "Education and the Workforce Committee" ]
118hr1746ih
118
hr
1,746
ih
To amend title XVIII of the Social Security Act to establish requirements for the provision of certain high-cost durable medical equipment and laboratory testing, and for other purposes.
[ { "text": "1. Short title \nThis Act may be cited as the Preventing Medicare Telefraud Act.", "id": "HDD0F89EBB6594FB58480031291AB5637", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Requirement for provision of high-cost durable medical equipment and laboratory tests \n(a) High-Cost durable medical equipment \nSection 1834(a)(1)(E) of the Social Security Act ( 42 U.S.C. 1395m(a)(1)(E) ) is amended by adding at the end the following new clause: (vi) Standards for high-cost durable medical equipment \n(I) Limitation on payment for high-cost durable medical equipment \nPayment may not be made under this subsection for a high-cost durable medical equipment ordered by a physician or other practitioner described in clause (ii) via telehealth for an individual, unless such physician or practitioner furnished to such individual a service in-person at least once during the 6-month period prior to ordering such high-cost durable medical equipment. (II) High-cost durable medical equipment determination \nFor purposes of this clause, the Administrator of the Centers for Medicare & Medicaid Services shall define the term high-cost durable medical equipment and specify the durable medical equipment for which such definition shall apply. (vii) Audit of providers and practitioners furnishing a high volume of durable medical equipment via telehealth \n(I) Identification of providers \nBeginning 6 months after the effective date of this clause, Medicare administrative contractors shall conduct reviews on a schedule determined by the Secretary, of claims for durable medical equipment prescribed by a physician or other practitioner described in clause (ii) during the 12-month period preceding such review to identify physicians or other practitioners with respect to whom at least 90 percent of all durable medical equipment prescribed by such physician or practitioner during such period was prescribed pursuant to a telehealth visit. (II) Audit \nIn the case of a physician or practitioner identified under subclause (I), with respect to a period described in such subclause, the Medicare administrative contractors shall conduct audits of all claims for durable medical equipment prescribed by such physicians or practitioners to determine whether such claims comply with the requirements for coverage under this title.. (b) High-Cost laboratory tests \nSection 1834A(b) of the Social Security Act ( 42 U.S.C. 1395m–1(b) ) is amended by adding at the end the following new paragraph: (6) Requirement for high-cost laboratory tests \n(A) Limitation on payment for high-cost laboratory tests \nPayment may not be made under this subsection for a high-cost laboratory test ordered by a physician or practitioner via telehealth for an individual, unless such physician or practitioner furnished to such individual a service in-person at least once during the 6-month period prior to ordering such high-cost laboratory test. (B) High-cost laboratory test defined \nFor purposes of this paragraph, the Administrator for the Centers for Medicare & Medicaid Services shall define the term high-cost laboratory test and specify which laboratory tests such definition shall apply to. (7) Audit of laboratory testing ordered pursuant to telehealth visit \n(A) Identification of providers \nBeginning 6 months after the effective date of this paragraph, Medicare administrative contractors shall conduct periodic reviews on a schedule determined by the Secretary, of claims for laboratory tests prescribed by a physician or practitioner during the 12-month period preceding such review to identify physicians or other practitioners with respect to whom at least 90 percent of all laboratory tests prescribed by such physician or practitioner during such period was prescribed pursuant to a telehealth visit. (B) Audit \nIn the case of a physician or practitioner identified under subparagraph (A), with respect to a period described in such subparagraph, the Medicare administrative contractors shall conduct audits of all claims for laboratory tests prescribed by such physicians or practitioners during such period beginning to determine whether such claims comply with the requirements for coverage under this title.. (c) Effective date \nThe amendments made by this section shall take effect upon the termination of the emergency period described in section 1135(g)(1)(B) of the Social Security Act ( 42 U.S.C. 1320b–5(g)(1)(B) ).", "id": "HD903A5DEC23940B39BEF67BB7AB1A045", "header": "Requirement for provision of high-cost durable medical equipment and laboratory tests", "nested": [ { "text": "(a) High-Cost durable medical equipment \nSection 1834(a)(1)(E) of the Social Security Act ( 42 U.S.C. 1395m(a)(1)(E) ) is amended by adding at the end the following new clause: (vi) Standards for high-cost durable medical equipment \n(I) Limitation on payment for high-cost durable medical equipment \nPayment may not be made under this subsection for a high-cost durable medical equipment ordered by a physician or other practitioner described in clause (ii) via telehealth for an individual, unless such physician or practitioner furnished to such individual a service in-person at least once during the 6-month period prior to ordering such high-cost durable medical equipment. (II) High-cost durable medical equipment determination \nFor purposes of this clause, the Administrator of the Centers for Medicare & Medicaid Services shall define the term high-cost durable medical equipment and specify the durable medical equipment for which such definition shall apply. (vii) Audit of providers and practitioners furnishing a high volume of durable medical equipment via telehealth \n(I) Identification of providers \nBeginning 6 months after the effective date of this clause, Medicare administrative contractors shall conduct reviews on a schedule determined by the Secretary, of claims for durable medical equipment prescribed by a physician or other practitioner described in clause (ii) during the 12-month period preceding such review to identify physicians or other practitioners with respect to whom at least 90 percent of all durable medical equipment prescribed by such physician or practitioner during such period was prescribed pursuant to a telehealth visit. (II) Audit \nIn the case of a physician or practitioner identified under subclause (I), with respect to a period described in such subclause, the Medicare administrative contractors shall conduct audits of all claims for durable medical equipment prescribed by such physicians or practitioners to determine whether such claims comply with the requirements for coverage under this title..", "id": "H0B0E9DCD3B3043A5B5C2591D55B7B34E", "header": "High-Cost durable medical equipment", "nested": [], "links": [ { "text": "42 U.S.C. 1395m(a)(1)(E)", "legal-doc": "usc", "parsable-cite": "usc/42/1395m" } ] }, { "text": "(b) High-Cost laboratory tests \nSection 1834A(b) of the Social Security Act ( 42 U.S.C. 1395m–1(b) ) is amended by adding at the end the following new paragraph: (6) Requirement for high-cost laboratory tests \n(A) Limitation on payment for high-cost laboratory tests \nPayment may not be made under this subsection for a high-cost laboratory test ordered by a physician or practitioner via telehealth for an individual, unless such physician or practitioner furnished to such individual a service in-person at least once during the 6-month period prior to ordering such high-cost laboratory test. (B) High-cost laboratory test defined \nFor purposes of this paragraph, the Administrator for the Centers for Medicare & Medicaid Services shall define the term high-cost laboratory test and specify which laboratory tests such definition shall apply to. (7) Audit of laboratory testing ordered pursuant to telehealth visit \n(A) Identification of providers \nBeginning 6 months after the effective date of this paragraph, Medicare administrative contractors shall conduct periodic reviews on a schedule determined by the Secretary, of claims for laboratory tests prescribed by a physician or practitioner during the 12-month period preceding such review to identify physicians or other practitioners with respect to whom at least 90 percent of all laboratory tests prescribed by such physician or practitioner during such period was prescribed pursuant to a telehealth visit. (B) Audit \nIn the case of a physician or practitioner identified under subparagraph (A), with respect to a period described in such subparagraph, the Medicare administrative contractors shall conduct audits of all claims for laboratory tests prescribed by such physicians or practitioners during such period beginning to determine whether such claims comply with the requirements for coverage under this title..", "id": "H0B15FB237B8847698F6DF3678317BC61", "header": "High-Cost laboratory tests", "nested": [], "links": [ { "text": "42 U.S.C. 1395m–1(b)", "legal-doc": "usc", "parsable-cite": "usc/42/1395m-1" } ] }, { "text": "(c) Effective date \nThe amendments made by this section shall take effect upon the termination of the emergency period described in section 1135(g)(1)(B) of the Social Security Act ( 42 U.S.C. 1320b–5(g)(1)(B) ).", "id": "H6A10EB30F31B4F69ABE2C24875E05EDA", "header": "Effective date", "nested": [], "links": [ { "text": "42 U.S.C. 1320b–5(g)(1)(B)", "legal-doc": "usc", "parsable-cite": "usc/42/1320b-5" } ] } ], "links": [ { "text": "42 U.S.C. 1395m(a)(1)(E)", "legal-doc": "usc", "parsable-cite": "usc/42/1395m" }, { "text": "42 U.S.C. 1395m–1(b)", "legal-doc": "usc", "parsable-cite": "usc/42/1395m-1" }, { "text": "42 U.S.C. 1320b–5(g)(1)(B)", "legal-doc": "usc", "parsable-cite": "usc/42/1320b-5" } ] }, { "text": "3. Requirement to submit NPI number for separately billable telehealth services \n(a) Requirement To submit NPI number for separately billable telehealth services \nSection 1834(m) of the Social Security Act ( 42 U.S.C. 1395m(m) ) is amended by adding at the end the following new paragraph: (10) Requirement to submit NPI number for separately billable telehealth services \nPayment may not be made under this subsection for separately billable telehealth services furnished by a physician or practitioner unless such physician or practitioner submits a claim for payment under the national provider identification number assigned to such physician or practitioner.. (b) Effective date \nThe amendment made by this section shall take effect upon the termination of the emergency period described in section 1135(g)(1)(B) of the Social Security Act ( 42 U.S.C. 1320b–5(g)(1)(B) ).", "id": "HAD4807E10666497CA8259E953A94CD9F", "header": "Requirement to submit NPI number for separately billable telehealth services", "nested": [ { "text": "(a) Requirement To submit NPI number for separately billable telehealth services \nSection 1834(m) of the Social Security Act ( 42 U.S.C. 1395m(m) ) is amended by adding at the end the following new paragraph: (10) Requirement to submit NPI number for separately billable telehealth services \nPayment may not be made under this subsection for separately billable telehealth services furnished by a physician or practitioner unless such physician or practitioner submits a claim for payment under the national provider identification number assigned to such physician or practitioner..", "id": "H0A9DADF5737D4ACB8E58CACA94AEB984", "header": "Requirement To submit NPI number for separately billable telehealth services", "nested": [], "links": [ { "text": "42 U.S.C. 1395m(m)", "legal-doc": "usc", "parsable-cite": "usc/42/1395m" } ] }, { "text": "(b) Effective date \nThe amendment made by this section shall take effect upon the termination of the emergency period described in section 1135(g)(1)(B) of the Social Security Act ( 42 U.S.C. 1320b–5(g)(1)(B) ).", "id": "H56C5E07822924323B14F7FD966F80F4F", "header": "Effective date", "nested": [], "links": [ { "text": "42 U.S.C. 1320b–5(g)(1)(B)", "legal-doc": "usc", "parsable-cite": "usc/42/1320b-5" } ] } ], "links": [ { "text": "42 U.S.C. 1395m(m)", "legal-doc": "usc", "parsable-cite": "usc/42/1395m" }, { "text": "42 U.S.C. 1320b–5(g)(1)(B)", "legal-doc": "usc", "parsable-cite": "usc/42/1320b-5" } ] } ]
3
1. Short title This Act may be cited as the Preventing Medicare Telefraud Act. 2. Requirement for provision of high-cost durable medical equipment and laboratory tests (a) High-Cost durable medical equipment Section 1834(a)(1)(E) of the Social Security Act ( 42 U.S.C. 1395m(a)(1)(E) ) is amended by adding at the end the following new clause: (vi) Standards for high-cost durable medical equipment (I) Limitation on payment for high-cost durable medical equipment Payment may not be made under this subsection for a high-cost durable medical equipment ordered by a physician or other practitioner described in clause (ii) via telehealth for an individual, unless such physician or practitioner furnished to such individual a service in-person at least once during the 6-month period prior to ordering such high-cost durable medical equipment. (II) High-cost durable medical equipment determination For purposes of this clause, the Administrator of the Centers for Medicare & Medicaid Services shall define the term high-cost durable medical equipment and specify the durable medical equipment for which such definition shall apply. (vii) Audit of providers and practitioners furnishing a high volume of durable medical equipment via telehealth (I) Identification of providers Beginning 6 months after the effective date of this clause, Medicare administrative contractors shall conduct reviews on a schedule determined by the Secretary, of claims for durable medical equipment prescribed by a physician or other practitioner described in clause (ii) during the 12-month period preceding such review to identify physicians or other practitioners with respect to whom at least 90 percent of all durable medical equipment prescribed by such physician or practitioner during such period was prescribed pursuant to a telehealth visit. (II) Audit In the case of a physician or practitioner identified under subclause (I), with respect to a period described in such subclause, the Medicare administrative contractors shall conduct audits of all claims for durable medical equipment prescribed by such physicians or practitioners to determine whether such claims comply with the requirements for coverage under this title.. (b) High-Cost laboratory tests Section 1834A(b) of the Social Security Act ( 42 U.S.C. 1395m–1(b) ) is amended by adding at the end the following new paragraph: (6) Requirement for high-cost laboratory tests (A) Limitation on payment for high-cost laboratory tests Payment may not be made under this subsection for a high-cost laboratory test ordered by a physician or practitioner via telehealth for an individual, unless such physician or practitioner furnished to such individual a service in-person at least once during the 6-month period prior to ordering such high-cost laboratory test. (B) High-cost laboratory test defined For purposes of this paragraph, the Administrator for the Centers for Medicare & Medicaid Services shall define the term high-cost laboratory test and specify which laboratory tests such definition shall apply to. (7) Audit of laboratory testing ordered pursuant to telehealth visit (A) Identification of providers Beginning 6 months after the effective date of this paragraph, Medicare administrative contractors shall conduct periodic reviews on a schedule determined by the Secretary, of claims for laboratory tests prescribed by a physician or practitioner during the 12-month period preceding such review to identify physicians or other practitioners with respect to whom at least 90 percent of all laboratory tests prescribed by such physician or practitioner during such period was prescribed pursuant to a telehealth visit. (B) Audit In the case of a physician or practitioner identified under subparagraph (A), with respect to a period described in such subparagraph, the Medicare administrative contractors shall conduct audits of all claims for laboratory tests prescribed by such physicians or practitioners during such period beginning to determine whether such claims comply with the requirements for coverage under this title.. (c) Effective date The amendments made by this section shall take effect upon the termination of the emergency period described in section 1135(g)(1)(B) of the Social Security Act ( 42 U.S.C. 1320b–5(g)(1)(B) ). 3. Requirement to submit NPI number for separately billable telehealth services (a) Requirement To submit NPI number for separately billable telehealth services Section 1834(m) of the Social Security Act ( 42 U.S.C. 1395m(m) ) is amended by adding at the end the following new paragraph: (10) Requirement to submit NPI number for separately billable telehealth services Payment may not be made under this subsection for separately billable telehealth services furnished by a physician or practitioner unless such physician or practitioner submits a claim for payment under the national provider identification number assigned to such physician or practitioner.. (b) Effective date The amendment made by this section shall take effect upon the termination of the emergency period described in section 1135(g)(1)(B) of the Social Security Act ( 42 U.S.C. 1320b–5(g)(1)(B) ).
5,196
[ "Energy and Commerce Committee", "Ways and Means Committee" ]
118hr4973ih
118
hr
4,973
ih
To provide definitions of terms and services related to community-based gang intervention to ensure that funding for such intervention is utilized in a cost-effective manner and that community-based agencies are held accountable for providing holistic, integrated intervention services, and for other purposes.
[ { "text": "1. Short title \nThis Act may be cited as the Community-Based Gang Intervention Act.", "id": "HCD56A66574934F0C8A88522385A5D53A", "header": "Short title", "nested": [], "links": [] }, { "text": "101. Community-based gang intervention agencies \nThe Juvenile Justice and Delinquency Prevention Act of 1974 ( 34 U.S.C. 11101 et seq. ) is amended— (1) by redesignating title VI ( 34 U.S.C. 11321 et seq. ) as title VII; (2) by redesignating sections 601 and 602 ( 34 U.S.C. 11321 , 11322) as sections 701 and 702, respectively; and (3) by inserting after title V the following: VI COMMUNITY-BASED GANG INTERVENTION GRANTS \n601. Purpose \nThe purpose of this title is to offer holistic and comprehensive support for community-based gang intervention activities that focus on and engage active and former gang members, their close associates, and gang members in and returning from confinement. Gang-involved youth and their families require specialized intensive and comprehensive services that address the unique issues encountered by youth when they become involved with gangs. Community-based gang intervention involves proactive and reactive responses to gang activities on several levels, including— (1) the regional level, to promote and coordinate peace truces and cease-fires between groups; (2) the State and local level, including community and the juvenile halls, camps, Division of Juvenile Justice facilities, county jails, and State prisons; and (3) the neighborhood level, including with active gang members individually. 602. Support of community-based gang intervention agencies \n(a) Support of community-Based gang intervention agencies \nSubject to the availability of appropriations, the Administrator shall award grants to eligible entities to carry out the activities described in subsection (c). (b) Eligible entity \nFor the purposes of this section, an eligible entity means a community-based gang intervention agency that is a nonprofit organization with a history of and expertise in providing community-based gang intervention activities through a community-based gang intervention model. (c) Grant activities \nEach entity awarded a grant under this section shall carry out activities that promote public safety, with the specific objective of reducing and stopping gang-related and gang-motivated violence and crime, including the following activities: (1) Conduct street mediation by working with gang members and persons with influence over such member to defuse and de-escalate potential and actual violence between gang members and between rival gangs. (2) Develop local and regional truces by negotiating cease-fires or nonaggression agreements between rival gangs and neighborhoods. (3) Serve as conduits who facilitate dialogue and relationship between gangs and neighborhoods. (4) Provide services that respond to the high levels of anxiety and stress experienced by gang members due to traumatic events. (5) Provide 24-hour, 7-day-a-week crisis intervention services by responding to requests for violence prevention services made by gang members, the families of gang members, school officials, intervention workers, social service agencies, or law enforcement. (6) Provide targeted training and technical assistance to violence-plagued communities after a major gang-related incident. (7) Facilitate the development of a community response plan to gang-related activities, including training protocols, situational scene scenarios, and emergency response. (8) Establish relationships with community stakeholders to inform and engage them in quality-of-life activities that enhance intervention activities. (9) Serve as intervention representatives in communities by attending local meetings involving nonprofit organizations, schools, faith-based organizations, and other entities. (10) Develop conflict resolution skills and techniques to address and resolve community concerns related to gang activity in order to improve the quality of life within neighborhoods. (11) Work with schools to respond to gang-related issues and crises both in and outside of school. (12) Provide support services for youth and families affected by gang violence and other victims of gang violence (including any individual who is physically, emotionally, financially, or otherwise harmed by criminal activity, and those affected by harm done to or by a family member), which may include— (A) advocating for public sector and private sector assistance and services; (B) grief counseling; and (C) referrals to treatment and rehabilitation for cognitive, mental, emotional, physical, or financial injury, loss, or suffering. (13) Provide comprehensive mental health services to youth and families affected by gang violence or involvement, including— (A) integrated services comprised of individual, family, and group therapy modalities, and psychological education provided through youth and parent training programs; or (B) gang-responsive services including skills training, assessing and servicing youth with developmental disabilities, behavioral modification, and services to address substance use and abuse, anger management, emotional regulation, traumatic stress, family violence, depression, suicide, anxiety, and educational problems. (14) Provide public and private sector career job training, development, and placement, including— (A) job-finding and job-maintaining skills, including skills related to resume writing, interviewing, workplace decorum, interpersonal communication, and problem-solving; (B) information about legal rights in the workplace; or (C) financial literacy. (15) Assist with substance use and abuse treatment, domestic violence victims, and voluntary tattoo removal of markings on the body related to gang involvement. (d) Availability of victims assistance \nAn entity awarded a grant under this section that provides victim assistance under paragraph (13) of subsection (c) shall not discriminate in the provision of such assistance to an individual based on race, ethnicity, gender, sexual orientation, socioeconomic level, or criminal history. 603. Definitions \nIn this title: (1) Community \nNotwithstanding the definition of community based in section 103, the term community means a unit of local government or an Indian Tribe. (2) Community-based gang intervention agency \nThe term community-based gang intervention agency means a community-based organization, association, or other entity that— (A) promotes public safety, with the specific objective of reducing and stopping gang-related and gang-motivated violence and crime; and (B) has a history of, or training in, effectively working with gang-involved youth and their families. (3) Community-based gang intervention model \nThe term community-based gang intervention model means a holistic and comprehensive approach to reducing gang violence that uses the 2-prong approach of community-based intervention as defined in section 103 and an integrated approach of providing rehabilitative service delivery to gang-involved youth through trained specialists in community-gang intervention. (4) Gang \nThe term gang means a group of individuals— (A) organized by geography, culture, or activity; (B) that have a group name, and may have other identifying characteristics of the group such as colors and nicknames; and (C) who engage in the use of violence to defend the members or territory of the group. (5) Youth \nThe term youth means— (A) an individual who is 18 years of age or younger; or (B) in any State in which the maximum age at which the juvenile justice system of such State has jurisdiction over individuals exceeds 18 years of age, an individual who is such maximum age or younger..", "id": "H75DD7D295AFC422EAF29225E6643B8B8", "header": "Community-based gang intervention agencies", "nested": [], "links": [ { "text": "34 U.S.C. 11101 et seq.", "legal-doc": "usc", "parsable-cite": "usc/34/11101" }, { "text": "34 U.S.C. 11321 et seq.", "legal-doc": "usc", "parsable-cite": "usc/34/11321" }, { "text": "34 U.S.C. 11321", "legal-doc": "usc", "parsable-cite": "usc/34/11321" } ] }, { "text": "601. Purpose \nThe purpose of this title is to offer holistic and comprehensive support for community-based gang intervention activities that focus on and engage active and former gang members, their close associates, and gang members in and returning from confinement. Gang-involved youth and their families require specialized intensive and comprehensive services that address the unique issues encountered by youth when they become involved with gangs. Community-based gang intervention involves proactive and reactive responses to gang activities on several levels, including— (1) the regional level, to promote and coordinate peace truces and cease-fires between groups; (2) the State and local level, including community and the juvenile halls, camps, Division of Juvenile Justice facilities, county jails, and State prisons; and (3) the neighborhood level, including with active gang members individually.", "id": "H1BB77FAC3A26466E85A439ABE8F952B9", "header": "Purpose", "nested": [], "links": [] }, { "text": "602. Support of community-based gang intervention agencies \n(a) Support of community-Based gang intervention agencies \nSubject to the availability of appropriations, the Administrator shall award grants to eligible entities to carry out the activities described in subsection (c). (b) Eligible entity \nFor the purposes of this section, an eligible entity means a community-based gang intervention agency that is a nonprofit organization with a history of and expertise in providing community-based gang intervention activities through a community-based gang intervention model. (c) Grant activities \nEach entity awarded a grant under this section shall carry out activities that promote public safety, with the specific objective of reducing and stopping gang-related and gang-motivated violence and crime, including the following activities: (1) Conduct street mediation by working with gang members and persons with influence over such member to defuse and de-escalate potential and actual violence between gang members and between rival gangs. (2) Develop local and regional truces by negotiating cease-fires or nonaggression agreements between rival gangs and neighborhoods. (3) Serve as conduits who facilitate dialogue and relationship between gangs and neighborhoods. (4) Provide services that respond to the high levels of anxiety and stress experienced by gang members due to traumatic events. (5) Provide 24-hour, 7-day-a-week crisis intervention services by responding to requests for violence prevention services made by gang members, the families of gang members, school officials, intervention workers, social service agencies, or law enforcement. (6) Provide targeted training and technical assistance to violence-plagued communities after a major gang-related incident. (7) Facilitate the development of a community response plan to gang-related activities, including training protocols, situational scene scenarios, and emergency response. (8) Establish relationships with community stakeholders to inform and engage them in quality-of-life activities that enhance intervention activities. (9) Serve as intervention representatives in communities by attending local meetings involving nonprofit organizations, schools, faith-based organizations, and other entities. (10) Develop conflict resolution skills and techniques to address and resolve community concerns related to gang activity in order to improve the quality of life within neighborhoods. (11) Work with schools to respond to gang-related issues and crises both in and outside of school. (12) Provide support services for youth and families affected by gang violence and other victims of gang violence (including any individual who is physically, emotionally, financially, or otherwise harmed by criminal activity, and those affected by harm done to or by a family member), which may include— (A) advocating for public sector and private sector assistance and services; (B) grief counseling; and (C) referrals to treatment and rehabilitation for cognitive, mental, emotional, physical, or financial injury, loss, or suffering. (13) Provide comprehensive mental health services to youth and families affected by gang violence or involvement, including— (A) integrated services comprised of individual, family, and group therapy modalities, and psychological education provided through youth and parent training programs; or (B) gang-responsive services including skills training, assessing and servicing youth with developmental disabilities, behavioral modification, and services to address substance use and abuse, anger management, emotional regulation, traumatic stress, family violence, depression, suicide, anxiety, and educational problems. (14) Provide public and private sector career job training, development, and placement, including— (A) job-finding and job-maintaining skills, including skills related to resume writing, interviewing, workplace decorum, interpersonal communication, and problem-solving; (B) information about legal rights in the workplace; or (C) financial literacy. (15) Assist with substance use and abuse treatment, domestic violence victims, and voluntary tattoo removal of markings on the body related to gang involvement. (d) Availability of victims assistance \nAn entity awarded a grant under this section that provides victim assistance under paragraph (13) of subsection (c) shall not discriminate in the provision of such assistance to an individual based on race, ethnicity, gender, sexual orientation, socioeconomic level, or criminal history.", "id": "H455BE71AF98D448AB8390ACBF7456C4B", "header": "Support of community-based gang intervention agencies", "nested": [ { "text": "(a) Support of community-Based gang intervention agencies \nSubject to the availability of appropriations, the Administrator shall award grants to eligible entities to carry out the activities described in subsection (c).", "id": "H0CB5009F461442F1919558873F682DA4", "header": "Support of community-Based gang intervention agencies", "nested": [], "links": [] }, { "text": "(b) Eligible entity \nFor the purposes of this section, an eligible entity means a community-based gang intervention agency that is a nonprofit organization with a history of and expertise in providing community-based gang intervention activities through a community-based gang intervention model.", "id": "H0FD239A5B6A147A3A3BDA5F72579F405", "header": "Eligible entity", "nested": [], "links": [] }, { "text": "(c) Grant activities \nEach entity awarded a grant under this section shall carry out activities that promote public safety, with the specific objective of reducing and stopping gang-related and gang-motivated violence and crime, including the following activities: (1) Conduct street mediation by working with gang members and persons with influence over such member to defuse and de-escalate potential and actual violence between gang members and between rival gangs. (2) Develop local and regional truces by negotiating cease-fires or nonaggression agreements between rival gangs and neighborhoods. (3) Serve as conduits who facilitate dialogue and relationship between gangs and neighborhoods. (4) Provide services that respond to the high levels of anxiety and stress experienced by gang members due to traumatic events. (5) Provide 24-hour, 7-day-a-week crisis intervention services by responding to requests for violence prevention services made by gang members, the families of gang members, school officials, intervention workers, social service agencies, or law enforcement. (6) Provide targeted training and technical assistance to violence-plagued communities after a major gang-related incident. (7) Facilitate the development of a community response plan to gang-related activities, including training protocols, situational scene scenarios, and emergency response. (8) Establish relationships with community stakeholders to inform and engage them in quality-of-life activities that enhance intervention activities. (9) Serve as intervention representatives in communities by attending local meetings involving nonprofit organizations, schools, faith-based organizations, and other entities. (10) Develop conflict resolution skills and techniques to address and resolve community concerns related to gang activity in order to improve the quality of life within neighborhoods. (11) Work with schools to respond to gang-related issues and crises both in and outside of school. (12) Provide support services for youth and families affected by gang violence and other victims of gang violence (including any individual who is physically, emotionally, financially, or otherwise harmed by criminal activity, and those affected by harm done to or by a family member), which may include— (A) advocating for public sector and private sector assistance and services; (B) grief counseling; and (C) referrals to treatment and rehabilitation for cognitive, mental, emotional, physical, or financial injury, loss, or suffering. (13) Provide comprehensive mental health services to youth and families affected by gang violence or involvement, including— (A) integrated services comprised of individual, family, and group therapy modalities, and psychological education provided through youth and parent training programs; or (B) gang-responsive services including skills training, assessing and servicing youth with developmental disabilities, behavioral modification, and services to address substance use and abuse, anger management, emotional regulation, traumatic stress, family violence, depression, suicide, anxiety, and educational problems. (14) Provide public and private sector career job training, development, and placement, including— (A) job-finding and job-maintaining skills, including skills related to resume writing, interviewing, workplace decorum, interpersonal communication, and problem-solving; (B) information about legal rights in the workplace; or (C) financial literacy. (15) Assist with substance use and abuse treatment, domestic violence victims, and voluntary tattoo removal of markings on the body related to gang involvement.", "id": "H04F505CBC8194A69B0ED45B6C9DCE227", "header": "Grant activities", "nested": [], "links": [] }, { "text": "(d) Availability of victims assistance \nAn entity awarded a grant under this section that provides victim assistance under paragraph (13) of subsection (c) shall not discriminate in the provision of such assistance to an individual based on race, ethnicity, gender, sexual orientation, socioeconomic level, or criminal history.", "id": "HE50B8AABFBAF4DC497D44E79DB3A0124", "header": "Availability of victims assistance", "nested": [], "links": [] } ], "links": [] }, { "text": "603. Definitions \nIn this title: (1) Community \nNotwithstanding the definition of community based in section 103, the term community means a unit of local government or an Indian Tribe. (2) Community-based gang intervention agency \nThe term community-based gang intervention agency means a community-based organization, association, or other entity that— (A) promotes public safety, with the specific objective of reducing and stopping gang-related and gang-motivated violence and crime; and (B) has a history of, or training in, effectively working with gang-involved youth and their families. (3) Community-based gang intervention model \nThe term community-based gang intervention model means a holistic and comprehensive approach to reducing gang violence that uses the 2-prong approach of community-based intervention as defined in section 103 and an integrated approach of providing rehabilitative service delivery to gang-involved youth through trained specialists in community-gang intervention. (4) Gang \nThe term gang means a group of individuals— (A) organized by geography, culture, or activity; (B) that have a group name, and may have other identifying characteristics of the group such as colors and nicknames; and (C) who engage in the use of violence to defend the members or territory of the group. (5) Youth \nThe term youth means— (A) an individual who is 18 years of age or younger; or (B) in any State in which the maximum age at which the juvenile justice system of such State has jurisdiction over individuals exceeds 18 years of age, an individual who is such maximum age or younger.", "id": "H33D1E922AF174E168A8242B065A7239B", "header": "Definitions", "nested": [], "links": [] }, { "text": "201. Definition of community-based gang intervention \nSection 103 of the Juvenile Justice and Delinquency Prevention Act of 1974 ( 34 U.S.C. 11103 ) is amended— (1) in paragraph (1), by inserting except as provided in title VI, before the term ; (2) in paragraph (44)(C), by striking and after the semicolon; (3) in paragraph (45), by striking the period at the end and inserting ; and ; and (4) by adding at the end the following: (46) except when used as part of the term community-based gang intervention agency or community-based gang intervention model , the term community-based gang intervention means a 2-prong approach to reducing gang violence that— (A) provides specialized, gang-specific mediation and mitigation to stop or prevent violence by, within, and between gangs; and (B) provides the redirection of individual gang members and their families through proactive efforts that increase peace and safety for gang members, their families, and their communities..", "id": "HE6FF083601D3424B998D1A3D31A1887C", "header": "Definition of community-based gang intervention", "nested": [], "links": [ { "text": "34 U.S.C. 11103", "legal-doc": "usc", "parsable-cite": "usc/34/11103" } ] }, { "text": "202. Community-based gang intervention representative to State advisory boards \nSection 223(a)(3)(A)(ii) of the Juvenile Justice and Delinquency Prevention Act of 1974 ( 34 U.S.C. 11133(a)(3)(A)(ii) ) is amended— (1) in subclause (III), by inserting , or community-based gang intervention after delinquency prevention or treatment ; and (2) in subclause (IV), by inserting community-based gang intervention, after prevention and treatment,.", "id": "H0D8CDCB28B434BA283DEBA549BEE5721", "header": "Community-based gang intervention representative to State advisory boards", "nested": [], "links": [ { "text": "34 U.S.C. 11133(a)(3)(A)(ii)", "legal-doc": "usc", "parsable-cite": "usc/34/11133" } ] }, { "text": "203. Grants for delinquency prevention programs \nSection 504 of the Juvenile Justice and Delinquency Prevention Act of 1974 ( 34 U.S.C. 11313 ) is amended— (1) in subsection (a) by inserting after programs the following: , including community-based gang intervention and gang prevention activities, ; and (2) in subsection (e)(1)(B)(ii), by striking activities and inserting programs and community-based gang intervention.", "id": "HB1AF89B6910F45118899A62E91E28B59", "header": "Grants for delinquency prevention programs", "nested": [], "links": [ { "text": "34 U.S.C. 11313", "legal-doc": "usc", "parsable-cite": "usc/34/11313" } ] } ]
8
1. Short title This Act may be cited as the Community-Based Gang Intervention Act. 101. Community-based gang intervention agencies The Juvenile Justice and Delinquency Prevention Act of 1974 ( 34 U.S.C. 11101 et seq. ) is amended— (1) by redesignating title VI ( 34 U.S.C. 11321 et seq. ) as title VII; (2) by redesignating sections 601 and 602 ( 34 U.S.C. 11321 , 11322) as sections 701 and 702, respectively; and (3) by inserting after title V the following: VI COMMUNITY-BASED GANG INTERVENTION GRANTS 601. Purpose The purpose of this title is to offer holistic and comprehensive support for community-based gang intervention activities that focus on and engage active and former gang members, their close associates, and gang members in and returning from confinement. Gang-involved youth and their families require specialized intensive and comprehensive services that address the unique issues encountered by youth when they become involved with gangs. Community-based gang intervention involves proactive and reactive responses to gang activities on several levels, including— (1) the regional level, to promote and coordinate peace truces and cease-fires between groups; (2) the State and local level, including community and the juvenile halls, camps, Division of Juvenile Justice facilities, county jails, and State prisons; and (3) the neighborhood level, including with active gang members individually. 602. Support of community-based gang intervention agencies (a) Support of community-Based gang intervention agencies Subject to the availability of appropriations, the Administrator shall award grants to eligible entities to carry out the activities described in subsection (c). (b) Eligible entity For the purposes of this section, an eligible entity means a community-based gang intervention agency that is a nonprofit organization with a history of and expertise in providing community-based gang intervention activities through a community-based gang intervention model. (c) Grant activities Each entity awarded a grant under this section shall carry out activities that promote public safety, with the specific objective of reducing and stopping gang-related and gang-motivated violence and crime, including the following activities: (1) Conduct street mediation by working with gang members and persons with influence over such member to defuse and de-escalate potential and actual violence between gang members and between rival gangs. (2) Develop local and regional truces by negotiating cease-fires or nonaggression agreements between rival gangs and neighborhoods. (3) Serve as conduits who facilitate dialogue and relationship between gangs and neighborhoods. (4) Provide services that respond to the high levels of anxiety and stress experienced by gang members due to traumatic events. (5) Provide 24-hour, 7-day-a-week crisis intervention services by responding to requests for violence prevention services made by gang members, the families of gang members, school officials, intervention workers, social service agencies, or law enforcement. (6) Provide targeted training and technical assistance to violence-plagued communities after a major gang-related incident. (7) Facilitate the development of a community response plan to gang-related activities, including training protocols, situational scene scenarios, and emergency response. (8) Establish relationships with community stakeholders to inform and engage them in quality-of-life activities that enhance intervention activities. (9) Serve as intervention representatives in communities by attending local meetings involving nonprofit organizations, schools, faith-based organizations, and other entities. (10) Develop conflict resolution skills and techniques to address and resolve community concerns related to gang activity in order to improve the quality of life within neighborhoods. (11) Work with schools to respond to gang-related issues and crises both in and outside of school. (12) Provide support services for youth and families affected by gang violence and other victims of gang violence (including any individual who is physically, emotionally, financially, or otherwise harmed by criminal activity, and those affected by harm done to or by a family member), which may include— (A) advocating for public sector and private sector assistance and services; (B) grief counseling; and (C) referrals to treatment and rehabilitation for cognitive, mental, emotional, physical, or financial injury, loss, or suffering. (13) Provide comprehensive mental health services to youth and families affected by gang violence or involvement, including— (A) integrated services comprised of individual, family, and group therapy modalities, and psychological education provided through youth and parent training programs; or (B) gang-responsive services including skills training, assessing and servicing youth with developmental disabilities, behavioral modification, and services to address substance use and abuse, anger management, emotional regulation, traumatic stress, family violence, depression, suicide, anxiety, and educational problems. (14) Provide public and private sector career job training, development, and placement, including— (A) job-finding and job-maintaining skills, including skills related to resume writing, interviewing, workplace decorum, interpersonal communication, and problem-solving; (B) information about legal rights in the workplace; or (C) financial literacy. (15) Assist with substance use and abuse treatment, domestic violence victims, and voluntary tattoo removal of markings on the body related to gang involvement. (d) Availability of victims assistance An entity awarded a grant under this section that provides victim assistance under paragraph (13) of subsection (c) shall not discriminate in the provision of such assistance to an individual based on race, ethnicity, gender, sexual orientation, socioeconomic level, or criminal history. 603. Definitions In this title: (1) Community Notwithstanding the definition of community based in section 103, the term community means a unit of local government or an Indian Tribe. (2) Community-based gang intervention agency The term community-based gang intervention agency means a community-based organization, association, or other entity that— (A) promotes public safety, with the specific objective of reducing and stopping gang-related and gang-motivated violence and crime; and (B) has a history of, or training in, effectively working with gang-involved youth and their families. (3) Community-based gang intervention model The term community-based gang intervention model means a holistic and comprehensive approach to reducing gang violence that uses the 2-prong approach of community-based intervention as defined in section 103 and an integrated approach of providing rehabilitative service delivery to gang-involved youth through trained specialists in community-gang intervention. (4) Gang The term gang means a group of individuals— (A) organized by geography, culture, or activity; (B) that have a group name, and may have other identifying characteristics of the group such as colors and nicknames; and (C) who engage in the use of violence to defend the members or territory of the group. (5) Youth The term youth means— (A) an individual who is 18 years of age or younger; or (B) in any State in which the maximum age at which the juvenile justice system of such State has jurisdiction over individuals exceeds 18 years of age, an individual who is such maximum age or younger.. 601. Purpose The purpose of this title is to offer holistic and comprehensive support for community-based gang intervention activities that focus on and engage active and former gang members, their close associates, and gang members in and returning from confinement. Gang-involved youth and their families require specialized intensive and comprehensive services that address the unique issues encountered by youth when they become involved with gangs. Community-based gang intervention involves proactive and reactive responses to gang activities on several levels, including— (1) the regional level, to promote and coordinate peace truces and cease-fires between groups; (2) the State and local level, including community and the juvenile halls, camps, Division of Juvenile Justice facilities, county jails, and State prisons; and (3) the neighborhood level, including with active gang members individually. 602. Support of community-based gang intervention agencies (a) Support of community-Based gang intervention agencies Subject to the availability of appropriations, the Administrator shall award grants to eligible entities to carry out the activities described in subsection (c). (b) Eligible entity For the purposes of this section, an eligible entity means a community-based gang intervention agency that is a nonprofit organization with a history of and expertise in providing community-based gang intervention activities through a community-based gang intervention model. (c) Grant activities Each entity awarded a grant under this section shall carry out activities that promote public safety, with the specific objective of reducing and stopping gang-related and gang-motivated violence and crime, including the following activities: (1) Conduct street mediation by working with gang members and persons with influence over such member to defuse and de-escalate potential and actual violence between gang members and between rival gangs. (2) Develop local and regional truces by negotiating cease-fires or nonaggression agreements between rival gangs and neighborhoods. (3) Serve as conduits who facilitate dialogue and relationship between gangs and neighborhoods. (4) Provide services that respond to the high levels of anxiety and stress experienced by gang members due to traumatic events. (5) Provide 24-hour, 7-day-a-week crisis intervention services by responding to requests for violence prevention services made by gang members, the families of gang members, school officials, intervention workers, social service agencies, or law enforcement. (6) Provide targeted training and technical assistance to violence-plagued communities after a major gang-related incident. (7) Facilitate the development of a community response plan to gang-related activities, including training protocols, situational scene scenarios, and emergency response. (8) Establish relationships with community stakeholders to inform and engage them in quality-of-life activities that enhance intervention activities. (9) Serve as intervention representatives in communities by attending local meetings involving nonprofit organizations, schools, faith-based organizations, and other entities. (10) Develop conflict resolution skills and techniques to address and resolve community concerns related to gang activity in order to improve the quality of life within neighborhoods. (11) Work with schools to respond to gang-related issues and crises both in and outside of school. (12) Provide support services for youth and families affected by gang violence and other victims of gang violence (including any individual who is physically, emotionally, financially, or otherwise harmed by criminal activity, and those affected by harm done to or by a family member), which may include— (A) advocating for public sector and private sector assistance and services; (B) grief counseling; and (C) referrals to treatment and rehabilitation for cognitive, mental, emotional, physical, or financial injury, loss, or suffering. (13) Provide comprehensive mental health services to youth and families affected by gang violence or involvement, including— (A) integrated services comprised of individual, family, and group therapy modalities, and psychological education provided through youth and parent training programs; or (B) gang-responsive services including skills training, assessing and servicing youth with developmental disabilities, behavioral modification, and services to address substance use and abuse, anger management, emotional regulation, traumatic stress, family violence, depression, suicide, anxiety, and educational problems. (14) Provide public and private sector career job training, development, and placement, including— (A) job-finding and job-maintaining skills, including skills related to resume writing, interviewing, workplace decorum, interpersonal communication, and problem-solving; (B) information about legal rights in the workplace; or (C) financial literacy. (15) Assist with substance use and abuse treatment, domestic violence victims, and voluntary tattoo removal of markings on the body related to gang involvement. (d) Availability of victims assistance An entity awarded a grant under this section that provides victim assistance under paragraph (13) of subsection (c) shall not discriminate in the provision of such assistance to an individual based on race, ethnicity, gender, sexual orientation, socioeconomic level, or criminal history. 603. Definitions In this title: (1) Community Notwithstanding the definition of community based in section 103, the term community means a unit of local government or an Indian Tribe. (2) Community-based gang intervention agency The term community-based gang intervention agency means a community-based organization, association, or other entity that— (A) promotes public safety, with the specific objective of reducing and stopping gang-related and gang-motivated violence and crime; and (B) has a history of, or training in, effectively working with gang-involved youth and their families. (3) Community-based gang intervention model The term community-based gang intervention model means a holistic and comprehensive approach to reducing gang violence that uses the 2-prong approach of community-based intervention as defined in section 103 and an integrated approach of providing rehabilitative service delivery to gang-involved youth through trained specialists in community-gang intervention. (4) Gang The term gang means a group of individuals— (A) organized by geography, culture, or activity; (B) that have a group name, and may have other identifying characteristics of the group such as colors and nicknames; and (C) who engage in the use of violence to defend the members or territory of the group. (5) Youth The term youth means— (A) an individual who is 18 years of age or younger; or (B) in any State in which the maximum age at which the juvenile justice system of such State has jurisdiction over individuals exceeds 18 years of age, an individual who is such maximum age or younger. 201. Definition of community-based gang intervention Section 103 of the Juvenile Justice and Delinquency Prevention Act of 1974 ( 34 U.S.C. 11103 ) is amended— (1) in paragraph (1), by inserting except as provided in title VI, before the term ; (2) in paragraph (44)(C), by striking and after the semicolon; (3) in paragraph (45), by striking the period at the end and inserting ; and ; and (4) by adding at the end the following: (46) except when used as part of the term community-based gang intervention agency or community-based gang intervention model , the term community-based gang intervention means a 2-prong approach to reducing gang violence that— (A) provides specialized, gang-specific mediation and mitigation to stop or prevent violence by, within, and between gangs; and (B) provides the redirection of individual gang members and their families through proactive efforts that increase peace and safety for gang members, their families, and their communities.. 202. Community-based gang intervention representative to State advisory boards Section 223(a)(3)(A)(ii) of the Juvenile Justice and Delinquency Prevention Act of 1974 ( 34 U.S.C. 11133(a)(3)(A)(ii) ) is amended— (1) in subclause (III), by inserting , or community-based gang intervention after delinquency prevention or treatment ; and (2) in subclause (IV), by inserting community-based gang intervention, after prevention and treatment,. 203. Grants for delinquency prevention programs Section 504 of the Juvenile Justice and Delinquency Prevention Act of 1974 ( 34 U.S.C. 11313 ) is amended— (1) in subsection (a) by inserting after programs the following: , including community-based gang intervention and gang prevention activities, ; and (2) in subsection (e)(1)(B)(ii), by striking activities and inserting programs and community-based gang intervention.
16,516
[ "Education and the Workforce Committee" ]
118hr7203ih
118
hr
7,203
ih
To amend the Federal Water Pollution Control Act relating to grants for beach monitoring, and for other purposes.
[ { "text": "1. Short title \nThis Act may be cited as the Beaches Environmental Assessment and Coastal Health Act of 2024 or the BEACH Act of 2024.", "id": "H694EE3168DF243B09BD988731E8BD3BE", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Coastal Recreation Water Quality Monitoring And Notification \n(a) Program Development and Implementation Grants \nSection 406 of the Federal Water Pollution Control Act ( 33 U.S.C. 1346 ) is amended— (1) in subsection (b)— (A) in paragraph (1)— (i) by inserting , including nearby shallow upstream waters, after coastal recreation waters ; and (ii) by inserting or present on after adjacent to ; (B) in paragraph (3)(A)— (i) in clause (i), by striking and at the end; (ii) by redesignating clause (ii) as clause (iii); and (iii) by inserting after clause (i) the following: (ii) in the case of a State that uses such grant to identify specific sources of contamination pursuant to paragraph (5), any data relating to such identified sources of contamination; and ; and (C) by adding at the end the following: (5) Identification of specific sources of contamination \nA State or local government receiving a grant under this subsection may use such grant to identify specific sources of contamination for coastal recreation waters, including nearby shallow upstream waters, adjacent to or present on beaches or similar points of access that are used by the public. ; (2) in subsection (g)(1)— (A) by inserting , including nearby shallow upstream waters, after coastal recreation waters ; and (B) by inserting or present on after adjacent to ; and (3) in subsection (i), by striking $30,000,000 for each of fiscal years 2001 through 2005 and inserting $30,000,000 for each of fiscal years 2025 through 2029. (b) Authorization of appropriations \nSection 8 of the Beaches Environmental Assessment and Coastal Health Act of 2000 ( Public Law 106–284 ; 114 Stat. 877) is amended by striking 2001 through 2005 and inserting 2025 through 2029.", "id": "HE66A8E61EFE6495D8E8475BB19B39569", "header": "Coastal Recreation Water Quality Monitoring And Notification", "nested": [ { "text": "(a) Program Development and Implementation Grants \nSection 406 of the Federal Water Pollution Control Act ( 33 U.S.C. 1346 ) is amended— (1) in subsection (b)— (A) in paragraph (1)— (i) by inserting , including nearby shallow upstream waters, after coastal recreation waters ; and (ii) by inserting or present on after adjacent to ; (B) in paragraph (3)(A)— (i) in clause (i), by striking and at the end; (ii) by redesignating clause (ii) as clause (iii); and (iii) by inserting after clause (i) the following: (ii) in the case of a State that uses such grant to identify specific sources of contamination pursuant to paragraph (5), any data relating to such identified sources of contamination; and ; and (C) by adding at the end the following: (5) Identification of specific sources of contamination \nA State or local government receiving a grant under this subsection may use such grant to identify specific sources of contamination for coastal recreation waters, including nearby shallow upstream waters, adjacent to or present on beaches or similar points of access that are used by the public. ; (2) in subsection (g)(1)— (A) by inserting , including nearby shallow upstream waters, after coastal recreation waters ; and (B) by inserting or present on after adjacent to ; and (3) in subsection (i), by striking $30,000,000 for each of fiscal years 2001 through 2005 and inserting $30,000,000 for each of fiscal years 2025 through 2029.", "id": "H327D8386573D406A80443E3315E7399A", "header": "Program Development and Implementation Grants", "nested": [], "links": [ { "text": "33 U.S.C. 1346", "legal-doc": "usc", "parsable-cite": "usc/33/1346" } ] }, { "text": "(b) Authorization of appropriations \nSection 8 of the Beaches Environmental Assessment and Coastal Health Act of 2000 ( Public Law 106–284 ; 114 Stat. 877) is amended by striking 2001 through 2005 and inserting 2025 through 2029.", "id": "HBBBD8DDB7ABD443EAC20519047CBB113", "header": "Authorization of appropriations", "nested": [], "links": [ { "text": "Public Law 106–284", "legal-doc": "public-law", "parsable-cite": "pl/106/284" } ] } ], "links": [ { "text": "33 U.S.C. 1346", "legal-doc": "usc", "parsable-cite": "usc/33/1346" }, { "text": "Public Law 106–284", "legal-doc": "public-law", "parsable-cite": "pl/106/284" } ] }, { "text": "3. Guidance \nIn providing guidance to States and local governments receiving grants under section 406 of the Federal Water Pollution Control Act ( 33 U.S.C. 1346 ), the Administrator of the Environmental Protection Agency shall ensure that such guidance reflects innovations in testing technologies for water contamination.", "id": "HD2B6B2D9470F4423AEE1980F09E7D9F5", "header": "Guidance", "nested": [], "links": [ { "text": "33 U.S.C. 1346", "legal-doc": "usc", "parsable-cite": "usc/33/1346" } ] } ]
3
1. Short title This Act may be cited as the Beaches Environmental Assessment and Coastal Health Act of 2024 or the BEACH Act of 2024. 2. Coastal Recreation Water Quality Monitoring And Notification (a) Program Development and Implementation Grants Section 406 of the Federal Water Pollution Control Act ( 33 U.S.C. 1346 ) is amended— (1) in subsection (b)— (A) in paragraph (1)— (i) by inserting , including nearby shallow upstream waters, after coastal recreation waters ; and (ii) by inserting or present on after adjacent to ; (B) in paragraph (3)(A)— (i) in clause (i), by striking and at the end; (ii) by redesignating clause (ii) as clause (iii); and (iii) by inserting after clause (i) the following: (ii) in the case of a State that uses such grant to identify specific sources of contamination pursuant to paragraph (5), any data relating to such identified sources of contamination; and ; and (C) by adding at the end the following: (5) Identification of specific sources of contamination A State or local government receiving a grant under this subsection may use such grant to identify specific sources of contamination for coastal recreation waters, including nearby shallow upstream waters, adjacent to or present on beaches or similar points of access that are used by the public. ; (2) in subsection (g)(1)— (A) by inserting , including nearby shallow upstream waters, after coastal recreation waters ; and (B) by inserting or present on after adjacent to ; and (3) in subsection (i), by striking $30,000,000 for each of fiscal years 2001 through 2005 and inserting $30,000,000 for each of fiscal years 2025 through 2029. (b) Authorization of appropriations Section 8 of the Beaches Environmental Assessment and Coastal Health Act of 2000 ( Public Law 106–284 ; 114 Stat. 877) is amended by striking 2001 through 2005 and inserting 2025 through 2029. 3. Guidance In providing guidance to States and local governments receiving grants under section 406 of the Federal Water Pollution Control Act ( 33 U.S.C. 1346 ), the Administrator of the Environmental Protection Agency shall ensure that such guidance reflects innovations in testing technologies for water contamination.
2,195
[ "Transportation and Infrastructure Committee" ]
118hr812ih
118
hr
812
ih
To repeal the Inflation Reduction Act of 2022.
[ { "text": "1. Short title \nThis Act may be cited as the Inflation Reduction Act of 2023.", "id": "H995C7318170C407AABA7325730817781", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Repeal of Inflation Reduction Act of 2022 \n(a) In general \nPublic Law 117–169 (commonly referred to as the Inflation Reduction Act of 2022) is repealed. (b) Rescissions \nThe unobligated balances of any amounts made available under Public Law 117–169 are rescinded.", "id": "HF70B0187D88B45C98A4AF08721442809", "header": "Repeal of Inflation Reduction Act of 2022", "nested": [ { "text": "(a) In general \nPublic Law 117–169 (commonly referred to as the Inflation Reduction Act of 2022) is repealed.", "id": "HAA4039B72F254ECFA3F6526781D62546", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Rescissions \nThe unobligated balances of any amounts made available under Public Law 117–169 are rescinded.", "id": "H69ADEB9DBDE4418D8D26BA16130B9B38", "header": "Rescissions", "nested": [], "links": [ { "text": "Public Law 117–169", "legal-doc": "public-law", "parsable-cite": "pl/117/169" } ] } ], "links": [ { "text": "Public Law 117–169", "legal-doc": "public-law", "parsable-cite": "pl/117/169" } ] } ]
2
1. Short title This Act may be cited as the Inflation Reduction Act of 2023. 2. Repeal of Inflation Reduction Act of 2022 (a) In general Public Law 117–169 (commonly referred to as the Inflation Reduction Act of 2022) is repealed. (b) Rescissions The unobligated balances of any amounts made available under Public Law 117–169 are rescinded.
345
[ "Transportation and Infrastructure Committee", "Oversight and Accountability Committee", "Science, Space, and Technology Committee", "Financial Services Committee", "Natural Resources Committee", "Agriculture Committee", "Energy and Commerce Committee", "Ways and Means Committee" ]
118hr7246ih
118
hr
7,246
ih
To prohibit certain persons from purchasing real estate in the United States.
[ { "text": "1. Short title \nThis Act may be cited as the American Land and Property Protection Act.", "id": "H2964335E4EA242D2AC459A799FE3A407", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Prohibition on the purchase of public or private real estate located in the United States by nationals of the People’s Republic of China, the Russian Federation, North Korea, Iran, and other foreign adversaries \n(a) In general \nNotwithstanding any other provision of law, the President shall take such actions as may be necessary to prohibit the purchase of public or private real estate located in the United States by nonresident aliens, foreign businesses, an agent, trustee, or fiduciary associated with the Government of the People’s Republic of China, the Government of the Russian Federation, the Government of North Korea, the Government of Iran, and the governments of other foreign adversaries. (b) Definitions \nIn this section— (1) the term foreign adversary includes— (A) the People’s Republic of China, including the Hong Kong Special Administrative Region, and excluding Taiwan; (B) the Republic of Cuba; (C) the Islamic Republic of Iran; (D) the Democratic People’s Republic of Korea; (E) the Russian Federation; (F) Venezuelan politician Nicolás Maduro; and (G) any organization designated as a foreign terrorist organization by the Secretary of State pursuant to section 219 of the Immigration and Nationality Act ( 8 U.S.C. 1189 ); and (2) the term United States means the several States, the District of Columbia, the Commonwealth of Puerto Rico, the Commonwealth of the Northern Mariana Islands, American Samoa, Guam, the United States Virgin Islands, and any other territory or possession of the United States.", "id": "HF0DF6045DCA04256AD8DF02D65BD1E42", "header": "Prohibition on the purchase of public or private real estate located in the United States by nationals of the People’s Republic of China, the Russian Federation, North Korea, Iran, and other foreign adversaries", "nested": [ { "text": "(a) In general \nNotwithstanding any other provision of law, the President shall take such actions as may be necessary to prohibit the purchase of public or private real estate located in the United States by nonresident aliens, foreign businesses, an agent, trustee, or fiduciary associated with the Government of the People’s Republic of China, the Government of the Russian Federation, the Government of North Korea, the Government of Iran, and the governments of other foreign adversaries.", "id": "H0845649821BF44C0ADBFC6A770D64349", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Definitions \nIn this section— (1) the term foreign adversary includes— (A) the People’s Republic of China, including the Hong Kong Special Administrative Region, and excluding Taiwan; (B) the Republic of Cuba; (C) the Islamic Republic of Iran; (D) the Democratic People’s Republic of Korea; (E) the Russian Federation; (F) Venezuelan politician Nicolás Maduro; and (G) any organization designated as a foreign terrorist organization by the Secretary of State pursuant to section 219 of the Immigration and Nationality Act ( 8 U.S.C. 1189 ); and (2) the term United States means the several States, the District of Columbia, the Commonwealth of Puerto Rico, the Commonwealth of the Northern Mariana Islands, American Samoa, Guam, the United States Virgin Islands, and any other territory or possession of the United States.", "id": "H0424C57863A94F1ABEE83B83A9DD839A", "header": "Definitions", "nested": [], "links": [ { "text": "8 U.S.C. 1189", "legal-doc": "usc", "parsable-cite": "usc/8/1189" } ] } ], "links": [ { "text": "8 U.S.C. 1189", "legal-doc": "usc", "parsable-cite": "usc/8/1189" } ] } ]
2
1. Short title This Act may be cited as the American Land and Property Protection Act. 2. Prohibition on the purchase of public or private real estate located in the United States by nationals of the People’s Republic of China, the Russian Federation, North Korea, Iran, and other foreign adversaries (a) In general Notwithstanding any other provision of law, the President shall take such actions as may be necessary to prohibit the purchase of public or private real estate located in the United States by nonresident aliens, foreign businesses, an agent, trustee, or fiduciary associated with the Government of the People’s Republic of China, the Government of the Russian Federation, the Government of North Korea, the Government of Iran, and the governments of other foreign adversaries. (b) Definitions In this section— (1) the term foreign adversary includes— (A) the People’s Republic of China, including the Hong Kong Special Administrative Region, and excluding Taiwan; (B) the Republic of Cuba; (C) the Islamic Republic of Iran; (D) the Democratic People’s Republic of Korea; (E) the Russian Federation; (F) Venezuelan politician Nicolás Maduro; and (G) any organization designated as a foreign terrorist organization by the Secretary of State pursuant to section 219 of the Immigration and Nationality Act ( 8 U.S.C. 1189 ); and (2) the term United States means the several States, the District of Columbia, the Commonwealth of Puerto Rico, the Commonwealth of the Northern Mariana Islands, American Samoa, Guam, the United States Virgin Islands, and any other territory or possession of the United States.
1,622
[ "Foreign Affairs Committee" ]
118hr4593ih
118
hr
4,593
ih
To amend the National Agricultural Research, Extension, and Teaching Policy Act of 1977 to increase agricultural representation for United States territories, and for other purposes.
[ { "text": "1. Short title \nThis Act may be cited as the Agricultural Representation for the United States Territories Act.", "id": "H7C1E6A4762FA4324BA33AF386B295E82", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Congressional findings and statement of purpose \n(a) Findings \nThe Congress makes the following findings: (1) The United States territories face a unique set of challenges that have curbed agricultural development and food sovereignty for more than 3.5 million United States citizens and nationals, including long recovery processes from natural disasters, vulnerability to extreme weather events, and barriers to participation in Federal programs. (2) The United States territories import between 70 to 90 percent of their food at a high cost to residents. Puerto Rico, which has the largest population of all United States territories, imports 85 percent of the food consumed locally. Natural disasters and public health emergencies, such as the COVID–19 pandemic, further affect the dependency on imports and the availability of food for residents. (3) The lack of political representation for the United States territories at the Federal level has affected the possibility to prioritize these challenges and advance the agricultural development of Puerto Rico, the United States Virgin Islands, American Samoa, the Northern Mariana Islands, and Guam. (b) Statement of purpose \nIt is the purpose of this Act to provide representation to the five United States territories, Puerto Rico, the United States Virgin Islands, American Samoa, the Northern Mariana Islands, and Guam, on the National Agricultural Research, Extension, Education, and Economics Advisory Board, and therefore contribute to setting a coordinated path forward at the Federal level for the agricultural development of the United States territories.", "id": "HF2F39E49117A4D8D8297200E0AB00DD4", "header": "Congressional findings and statement of purpose", "nested": [ { "text": "(a) Findings \nThe Congress makes the following findings: (1) The United States territories face a unique set of challenges that have curbed agricultural development and food sovereignty for more than 3.5 million United States citizens and nationals, including long recovery processes from natural disasters, vulnerability to extreme weather events, and barriers to participation in Federal programs. (2) The United States territories import between 70 to 90 percent of their food at a high cost to residents. Puerto Rico, which has the largest population of all United States territories, imports 85 percent of the food consumed locally. Natural disasters and public health emergencies, such as the COVID–19 pandemic, further affect the dependency on imports and the availability of food for residents. (3) The lack of political representation for the United States territories at the Federal level has affected the possibility to prioritize these challenges and advance the agricultural development of Puerto Rico, the United States Virgin Islands, American Samoa, the Northern Mariana Islands, and Guam.", "id": "H6C77AA707F304853B8DA9650F2BA3AFD", "header": "Findings", "nested": [], "links": [] }, { "text": "(b) Statement of purpose \nIt is the purpose of this Act to provide representation to the five United States territories, Puerto Rico, the United States Virgin Islands, American Samoa, the Northern Mariana Islands, and Guam, on the National Agricultural Research, Extension, Education, and Economics Advisory Board, and therefore contribute to setting a coordinated path forward at the Federal level for the agricultural development of the United States territories.", "id": "H93F06F22A095452182A19A4EBC7294CE", "header": "Statement of purpose", "nested": [], "links": [] } ], "links": [] }, { "text": "3. Representation for United States territories on National Agricultural Research, Extension, Education, and Economics Advisory Board \nSection 1408 of the National Agricultural Research, Extension, and Teaching Policy Act of 1977 ( 7 U.S.C. 3123 ) is amended— (1) in subsection (b)— (A) in paragraph (1), by striking 15 members and inserting 16 members ; and (B) in paragraph (3), by adding at the end the following: (E) 1 member representing the agricultural interests of Puerto Rico, the United States Virgin Islands, American Samoa, the Northern Mariana Islands, and Guam. ; and (2) in subsection (h), by striking 2023 and inserting 2028.", "id": "HB6BA8A0724484F3ABB374C6C4FBAED0B", "header": "Representation for United States territories on National Agricultural Research, Extension, Education, and Economics Advisory Board", "nested": [], "links": [ { "text": "7 U.S.C. 3123", "legal-doc": "usc", "parsable-cite": "usc/7/3123" } ] } ]
3
1. Short title This Act may be cited as the Agricultural Representation for the United States Territories Act. 2. Congressional findings and statement of purpose (a) Findings The Congress makes the following findings: (1) The United States territories face a unique set of challenges that have curbed agricultural development and food sovereignty for more than 3.5 million United States citizens and nationals, including long recovery processes from natural disasters, vulnerability to extreme weather events, and barriers to participation in Federal programs. (2) The United States territories import between 70 to 90 percent of their food at a high cost to residents. Puerto Rico, which has the largest population of all United States territories, imports 85 percent of the food consumed locally. Natural disasters and public health emergencies, such as the COVID–19 pandemic, further affect the dependency on imports and the availability of food for residents. (3) The lack of political representation for the United States territories at the Federal level has affected the possibility to prioritize these challenges and advance the agricultural development of Puerto Rico, the United States Virgin Islands, American Samoa, the Northern Mariana Islands, and Guam. (b) Statement of purpose It is the purpose of this Act to provide representation to the five United States territories, Puerto Rico, the United States Virgin Islands, American Samoa, the Northern Mariana Islands, and Guam, on the National Agricultural Research, Extension, Education, and Economics Advisory Board, and therefore contribute to setting a coordinated path forward at the Federal level for the agricultural development of the United States territories. 3. Representation for United States territories on National Agricultural Research, Extension, Education, and Economics Advisory Board Section 1408 of the National Agricultural Research, Extension, and Teaching Policy Act of 1977 ( 7 U.S.C. 3123 ) is amended— (1) in subsection (b)— (A) in paragraph (1), by striking 15 members and inserting 16 members ; and (B) in paragraph (3), by adding at the end the following: (E) 1 member representing the agricultural interests of Puerto Rico, the United States Virgin Islands, American Samoa, the Northern Mariana Islands, and Guam. ; and (2) in subsection (h), by striking 2023 and inserting 2028.
2,377
[ "Agriculture Committee" ]
118hr4044ih
118
hr
4,044
ih
To amend the Trade Facilitation and Trade Enforcement Act of 2015 to modify the description of interest for purposes of certain distributions of antidumping duties and countervailing duties.
[ { "text": "1. Short title \nThis Act may be cited as the China Trade Cheating Restitution Act of 2023.", "id": "HF35FFD3E5AEF4B27BDF93AA78F071DA4", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Modification of description of interest for purposes of certain distributions of antidumping duties and countervailing duties \nSection 605(c)(1) of the Trade Facilitation and Trade Enforcement Act of 2015 ( 19 U.S.C. 4401(c)(1) ) is amended— (1) by striking subparagraphs (A) and (B); and (2) by striking October 1, 2014, by U.S. Customs and Border Protection under, or in connection with— and inserting October 1, 2000, by U.S. Customs and Border Protection..", "id": "H5BEF485EB12440BBAC5F9E4997510A7C", "header": "Modification of description of interest for purposes of certain distributions of antidumping duties and countervailing duties", "nested": [], "links": [ { "text": "19 U.S.C. 4401(c)(1)", "legal-doc": "usc", "parsable-cite": "usc/19/4401" } ] } ]
2
1. Short title This Act may be cited as the China Trade Cheating Restitution Act of 2023. 2. Modification of description of interest for purposes of certain distributions of antidumping duties and countervailing duties Section 605(c)(1) of the Trade Facilitation and Trade Enforcement Act of 2015 ( 19 U.S.C. 4401(c)(1) ) is amended— (1) by striking subparagraphs (A) and (B); and (2) by striking October 1, 2014, by U.S. Customs and Border Protection under, or in connection with— and inserting October 1, 2000, by U.S. Customs and Border Protection..
554
[ "Ways and Means Committee" ]
118hr7850ih
118
hr
7,850
ih
To amend the Food Security Act of 1985 to provide a waiver to the payment limitation under the Environmental Quality Incentives Program, and for other purposes.
[ { "text": "1. Short title \nThis Act may be cited as the Eliminating Access Barriers to Conservation Act.", "id": "H32CD856612CE436790FFC0F18CC15B3E", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Limitation on payments \nSection 1240G of the Food Security Act of 1985 ( 16 U.S.C. 3839aa–7 ) is amended— (1) by striking Not including payments made under and inserting the following: (a) In general \nSubject to subsection (b), not including payments made under ; and (2) by adding at the end the following: (b) Waiver authority \nIn the case of a contract entered into under the program for projects in high-cost areas, including Alaska, Hawaii, American Samoa, Guam, the Northern Mariana Islands, Puerto Rico, and the Virgin Islands, the Secretary may waive the payment limitation described in subsection (a)..", "id": "H753C50321D364E959E32C40AD44F8440", "header": "Limitation on payments", "nested": [], "links": [ { "text": "16 U.S.C. 3839aa–7", "legal-doc": "usc", "parsable-cite": "usc/16/3839aa-7" } ] } ]
2
1. Short title This Act may be cited as the Eliminating Access Barriers to Conservation Act. 2. Limitation on payments Section 1240G of the Food Security Act of 1985 ( 16 U.S.C. 3839aa–7 ) is amended— (1) by striking Not including payments made under and inserting the following: (a) In general Subject to subsection (b), not including payments made under ; and (2) by adding at the end the following: (b) Waiver authority In the case of a contract entered into under the program for projects in high-cost areas, including Alaska, Hawaii, American Samoa, Guam, the Northern Mariana Islands, Puerto Rico, and the Virgin Islands, the Secretary may waive the payment limitation described in subsection (a)..
708
[ "Agriculture Committee" ]
118hr2447ih
118
hr
2,447
ih
To amend title 38, United States Code, to provide for a presumption of service connection for illnesses associated with service in the Armed Forces in the Panama Canal Zone, and for other purposes.
[ { "text": "1. Short title \nThis Act may be cited as the Panama Canal Zone Veterans Act of 2023.", "id": "H1BD1EC20E013472E9B74B87E7623FB42", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Presumption of service connection \n(a) In general \nSubchapter II of chapter 11 of title 38, United States Code, is amended by adding at the end the following new section: 1120A. Presumption of service connection for illnesses associated with service in the Panama Canal Zone \n(a) In general \n(1) For purposes of section 1110 of this title, and subject to section 1113 of this title, each illness, if any, described in paragraph (2) shall be considered to have been incurred in or aggravated by service referred to in that paragraph, notwithstanding that there is no record of evidence of such illness during the period of such service. (2) An illness referred to in paragraph (1) is any illness— (A) that— (i) is described in paragraph (3); or (ii) the Secretary determines in regulations prescribed under this section warrants a presumption of service connection by reason of having a positive association with exposure to an herbicide agent known or presumed to be associated with service in the Armed Forces in or near the Panama Canal Zone during the covered period; and (B) that becomes manifest within the period, if any, prescribed in such regulations in a veteran who served on active duty in or near the Panama Canal Zone during the covered period and by reason of such service was exposed to such agent. (3) An illness described in this paragraph is any of the following: (A) Chronic B-cell leukemia. (B) Hodgkin’s disease. (C) Multiple myeloma. (D) Non-Hodgkin’s lymphoma. (E) Prostate cancer. (F) Respiratory cancers (including lung cancer). (G) Soft-tissue sarcoma (other than osteosarcoma, chondrosarcoma, Kaposi's sarcoma, or mesothelioma). (H) AL amyloidosis. (I) Chloracne and any other type of acneiform disease the Secretary determines is similar. (J) Diabetes mellitus type 2. (K) Ischemic heart disease. (L) Parkinson’s disease. (M) Early onset peripheral neuropathy. (N) Porphyria cutanea tarda. (O) Bladder cancer. (P) Hypothyroidism. (b) Regulations \n(1) Whenever the Secretary makes a determination described in paragraph (2), the Secretary shall prescribe regulations providing that a presumption of service connection is warranted for the illness covered by that determination for purposes of this section. (2) A determination described in this paragraph is a determination based on sound medical and scientific evidence that a positive association exists between— (A) the exposure of humans to a herbicide agent known or presumed to be associated with service in or near the Panama Canal Zone; and (B) the occurrence of a diagnosed or undiagnosed illness in humans. (3) In making determinations for purposes of paragraph (2), the Secretary shall— (A) take into account all sound medical and scientific information and analyses available to the Secretary; (B) in evaluating any report, information, or analysis, take into consideration whether the results are statistically significant, are capable of replication, and withstand peer review; and (C) consider an association between the occurrence of an illness in humans and exposure to an herbicide agent to be positive for purposes if the credible evidence for the association is equal to or outweighs the credible evidence against the association. (c) Definitions \nFor purposes of this section: (1) The term covered period means the period beginning on January 1, 1958, and ending on the latter of the following dates, as determined by the Secretary: (A) December 31, 1999. (B) The date on which the last member of the Armed Forces departed from official duty in the Panama Canal Zone. (2) The term herbicide agent means a chemical in an herbicide, including Agent Purple and Agent Orange.. (b) Clerical amendment \nThe table of sections at the beginning of such chapter is amended by inserting after the item relating to section 1118 the following new item: 1120A. Presumption of service connection for illnesses associated with service in the Panama Canal Zone..", "id": "H0AABDBAF34A24A3D87A35F3D14ADF965", "header": "Presumption of service connection", "nested": [ { "text": "(a) In general \nSubchapter II of chapter 11 of title 38, United States Code, is amended by adding at the end the following new section: 1120A. Presumption of service connection for illnesses associated with service in the Panama Canal Zone \n(a) In general \n(1) For purposes of section 1110 of this title, and subject to section 1113 of this title, each illness, if any, described in paragraph (2) shall be considered to have been incurred in or aggravated by service referred to in that paragraph, notwithstanding that there is no record of evidence of such illness during the period of such service. (2) An illness referred to in paragraph (1) is any illness— (A) that— (i) is described in paragraph (3); or (ii) the Secretary determines in regulations prescribed under this section warrants a presumption of service connection by reason of having a positive association with exposure to an herbicide agent known or presumed to be associated with service in the Armed Forces in or near the Panama Canal Zone during the covered period; and (B) that becomes manifest within the period, if any, prescribed in such regulations in a veteran who served on active duty in or near the Panama Canal Zone during the covered period and by reason of such service was exposed to such agent. (3) An illness described in this paragraph is any of the following: (A) Chronic B-cell leukemia. (B) Hodgkin’s disease. (C) Multiple myeloma. (D) Non-Hodgkin’s lymphoma. (E) Prostate cancer. (F) Respiratory cancers (including lung cancer). (G) Soft-tissue sarcoma (other than osteosarcoma, chondrosarcoma, Kaposi's sarcoma, or mesothelioma). (H) AL amyloidosis. (I) Chloracne and any other type of acneiform disease the Secretary determines is similar. (J) Diabetes mellitus type 2. (K) Ischemic heart disease. (L) Parkinson’s disease. (M) Early onset peripheral neuropathy. (N) Porphyria cutanea tarda. (O) Bladder cancer. (P) Hypothyroidism. (b) Regulations \n(1) Whenever the Secretary makes a determination described in paragraph (2), the Secretary shall prescribe regulations providing that a presumption of service connection is warranted for the illness covered by that determination for purposes of this section. (2) A determination described in this paragraph is a determination based on sound medical and scientific evidence that a positive association exists between— (A) the exposure of humans to a herbicide agent known or presumed to be associated with service in or near the Panama Canal Zone; and (B) the occurrence of a diagnosed or undiagnosed illness in humans. (3) In making determinations for purposes of paragraph (2), the Secretary shall— (A) take into account all sound medical and scientific information and analyses available to the Secretary; (B) in evaluating any report, information, or analysis, take into consideration whether the results are statistically significant, are capable of replication, and withstand peer review; and (C) consider an association between the occurrence of an illness in humans and exposure to an herbicide agent to be positive for purposes if the credible evidence for the association is equal to or outweighs the credible evidence against the association. (c) Definitions \nFor purposes of this section: (1) The term covered period means the period beginning on January 1, 1958, and ending on the latter of the following dates, as determined by the Secretary: (A) December 31, 1999. (B) The date on which the last member of the Armed Forces departed from official duty in the Panama Canal Zone. (2) The term herbicide agent means a chemical in an herbicide, including Agent Purple and Agent Orange..", "id": "H34461C76BC4E49AFB3EBA4CEEFC29CAE", "header": "In general", "nested": [], "links": [ { "text": "chapter 11", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/38/11" } ] }, { "text": "(b) Clerical amendment \nThe table of sections at the beginning of such chapter is amended by inserting after the item relating to section 1118 the following new item: 1120A. Presumption of service connection for illnesses associated with service in the Panama Canal Zone..", "id": "HAEDCC9636B834F828AB61166B2B7EABE", "header": "Clerical amendment", "nested": [], "links": [] } ], "links": [ { "text": "chapter 11", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/38/11" } ] }, { "text": "1120A. Presumption of service connection for illnesses associated with service in the Panama Canal Zone \n(a) In general \n(1) For purposes of section 1110 of this title, and subject to section 1113 of this title, each illness, if any, described in paragraph (2) shall be considered to have been incurred in or aggravated by service referred to in that paragraph, notwithstanding that there is no record of evidence of such illness during the period of such service. (2) An illness referred to in paragraph (1) is any illness— (A) that— (i) is described in paragraph (3); or (ii) the Secretary determines in regulations prescribed under this section warrants a presumption of service connection by reason of having a positive association with exposure to an herbicide agent known or presumed to be associated with service in the Armed Forces in or near the Panama Canal Zone during the covered period; and (B) that becomes manifest within the period, if any, prescribed in such regulations in a veteran who served on active duty in or near the Panama Canal Zone during the covered period and by reason of such service was exposed to such agent. (3) An illness described in this paragraph is any of the following: (A) Chronic B-cell leukemia. (B) Hodgkin’s disease. (C) Multiple myeloma. (D) Non-Hodgkin’s lymphoma. (E) Prostate cancer. (F) Respiratory cancers (including lung cancer). (G) Soft-tissue sarcoma (other than osteosarcoma, chondrosarcoma, Kaposi's sarcoma, or mesothelioma). (H) AL amyloidosis. (I) Chloracne and any other type of acneiform disease the Secretary determines is similar. (J) Diabetes mellitus type 2. (K) Ischemic heart disease. (L) Parkinson’s disease. (M) Early onset peripheral neuropathy. (N) Porphyria cutanea tarda. (O) Bladder cancer. (P) Hypothyroidism. (b) Regulations \n(1) Whenever the Secretary makes a determination described in paragraph (2), the Secretary shall prescribe regulations providing that a presumption of service connection is warranted for the illness covered by that determination for purposes of this section. (2) A determination described in this paragraph is a determination based on sound medical and scientific evidence that a positive association exists between— (A) the exposure of humans to a herbicide agent known or presumed to be associated with service in or near the Panama Canal Zone; and (B) the occurrence of a diagnosed or undiagnosed illness in humans. (3) In making determinations for purposes of paragraph (2), the Secretary shall— (A) take into account all sound medical and scientific information and analyses available to the Secretary; (B) in evaluating any report, information, or analysis, take into consideration whether the results are statistically significant, are capable of replication, and withstand peer review; and (C) consider an association between the occurrence of an illness in humans and exposure to an herbicide agent to be positive for purposes if the credible evidence for the association is equal to or outweighs the credible evidence against the association. (c) Definitions \nFor purposes of this section: (1) The term covered period means the period beginning on January 1, 1958, and ending on the latter of the following dates, as determined by the Secretary: (A) December 31, 1999. (B) The date on which the last member of the Armed Forces departed from official duty in the Panama Canal Zone. (2) The term herbicide agent means a chemical in an herbicide, including Agent Purple and Agent Orange.", "id": "H85FF0FBF66E84D5B87F7255DC855796F", "header": "Presumption of service connection for illnesses associated with service in the Panama Canal Zone", "nested": [ { "text": "(a) In general \n(1) For purposes of section 1110 of this title, and subject to section 1113 of this title, each illness, if any, described in paragraph (2) shall be considered to have been incurred in or aggravated by service referred to in that paragraph, notwithstanding that there is no record of evidence of such illness during the period of such service. (2) An illness referred to in paragraph (1) is any illness— (A) that— (i) is described in paragraph (3); or (ii) the Secretary determines in regulations prescribed under this section warrants a presumption of service connection by reason of having a positive association with exposure to an herbicide agent known or presumed to be associated with service in the Armed Forces in or near the Panama Canal Zone during the covered period; and (B) that becomes manifest within the period, if any, prescribed in such regulations in a veteran who served on active duty in or near the Panama Canal Zone during the covered period and by reason of such service was exposed to such agent. (3) An illness described in this paragraph is any of the following: (A) Chronic B-cell leukemia. (B) Hodgkin’s disease. (C) Multiple myeloma. (D) Non-Hodgkin’s lymphoma. (E) Prostate cancer. (F) Respiratory cancers (including lung cancer). (G) Soft-tissue sarcoma (other than osteosarcoma, chondrosarcoma, Kaposi's sarcoma, or mesothelioma). (H) AL amyloidosis. (I) Chloracne and any other type of acneiform disease the Secretary determines is similar. (J) Diabetes mellitus type 2. (K) Ischemic heart disease. (L) Parkinson’s disease. (M) Early onset peripheral neuropathy. (N) Porphyria cutanea tarda. (O) Bladder cancer. (P) Hypothyroidism.", "id": "HECD8217949B0408094AF8BE2A172C774", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Regulations \n(1) Whenever the Secretary makes a determination described in paragraph (2), the Secretary shall prescribe regulations providing that a presumption of service connection is warranted for the illness covered by that determination for purposes of this section. (2) A determination described in this paragraph is a determination based on sound medical and scientific evidence that a positive association exists between— (A) the exposure of humans to a herbicide agent known or presumed to be associated with service in or near the Panama Canal Zone; and (B) the occurrence of a diagnosed or undiagnosed illness in humans. (3) In making determinations for purposes of paragraph (2), the Secretary shall— (A) take into account all sound medical and scientific information and analyses available to the Secretary; (B) in evaluating any report, information, or analysis, take into consideration whether the results are statistically significant, are capable of replication, and withstand peer review; and (C) consider an association between the occurrence of an illness in humans and exposure to an herbicide agent to be positive for purposes if the credible evidence for the association is equal to or outweighs the credible evidence against the association.", "id": "HD9BD2FDE816D4AB2AA6C4E062D543DC0", "header": "Regulations", "nested": [], "links": [] }, { "text": "(c) Definitions \nFor purposes of this section: (1) The term covered period means the period beginning on January 1, 1958, and ending on the latter of the following dates, as determined by the Secretary: (A) December 31, 1999. (B) The date on which the last member of the Armed Forces departed from official duty in the Panama Canal Zone. (2) The term herbicide agent means a chemical in an herbicide, including Agent Purple and Agent Orange.", "id": "H5E53CF8C77524FBAA8523939AC2F4205", "header": "Definitions", "nested": [], "links": [] } ], "links": [] } ]
3
1. Short title This Act may be cited as the Panama Canal Zone Veterans Act of 2023. 2. Presumption of service connection (a) In general Subchapter II of chapter 11 of title 38, United States Code, is amended by adding at the end the following new section: 1120A. Presumption of service connection for illnesses associated with service in the Panama Canal Zone (a) In general (1) For purposes of section 1110 of this title, and subject to section 1113 of this title, each illness, if any, described in paragraph (2) shall be considered to have been incurred in or aggravated by service referred to in that paragraph, notwithstanding that there is no record of evidence of such illness during the period of such service. (2) An illness referred to in paragraph (1) is any illness— (A) that— (i) is described in paragraph (3); or (ii) the Secretary determines in regulations prescribed under this section warrants a presumption of service connection by reason of having a positive association with exposure to an herbicide agent known or presumed to be associated with service in the Armed Forces in or near the Panama Canal Zone during the covered period; and (B) that becomes manifest within the period, if any, prescribed in such regulations in a veteran who served on active duty in or near the Panama Canal Zone during the covered period and by reason of such service was exposed to such agent. (3) An illness described in this paragraph is any of the following: (A) Chronic B-cell leukemia. (B) Hodgkin’s disease. (C) Multiple myeloma. (D) Non-Hodgkin’s lymphoma. (E) Prostate cancer. (F) Respiratory cancers (including lung cancer). (G) Soft-tissue sarcoma (other than osteosarcoma, chondrosarcoma, Kaposi's sarcoma, or mesothelioma). (H) AL amyloidosis. (I) Chloracne and any other type of acneiform disease the Secretary determines is similar. (J) Diabetes mellitus type 2. (K) Ischemic heart disease. (L) Parkinson’s disease. (M) Early onset peripheral neuropathy. (N) Porphyria cutanea tarda. (O) Bladder cancer. (P) Hypothyroidism. (b) Regulations (1) Whenever the Secretary makes a determination described in paragraph (2), the Secretary shall prescribe regulations providing that a presumption of service connection is warranted for the illness covered by that determination for purposes of this section. (2) A determination described in this paragraph is a determination based on sound medical and scientific evidence that a positive association exists between— (A) the exposure of humans to a herbicide agent known or presumed to be associated with service in or near the Panama Canal Zone; and (B) the occurrence of a diagnosed or undiagnosed illness in humans. (3) In making determinations for purposes of paragraph (2), the Secretary shall— (A) take into account all sound medical and scientific information and analyses available to the Secretary; (B) in evaluating any report, information, or analysis, take into consideration whether the results are statistically significant, are capable of replication, and withstand peer review; and (C) consider an association between the occurrence of an illness in humans and exposure to an herbicide agent to be positive for purposes if the credible evidence for the association is equal to or outweighs the credible evidence against the association. (c) Definitions For purposes of this section: (1) The term covered period means the period beginning on January 1, 1958, and ending on the latter of the following dates, as determined by the Secretary: (A) December 31, 1999. (B) The date on which the last member of the Armed Forces departed from official duty in the Panama Canal Zone. (2) The term herbicide agent means a chemical in an herbicide, including Agent Purple and Agent Orange.. (b) Clerical amendment The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 1118 the following new item: 1120A. Presumption of service connection for illnesses associated with service in the Panama Canal Zone.. 1120A. Presumption of service connection for illnesses associated with service in the Panama Canal Zone (a) In general (1) For purposes of section 1110 of this title, and subject to section 1113 of this title, each illness, if any, described in paragraph (2) shall be considered to have been incurred in or aggravated by service referred to in that paragraph, notwithstanding that there is no record of evidence of such illness during the period of such service. (2) An illness referred to in paragraph (1) is any illness— (A) that— (i) is described in paragraph (3); or (ii) the Secretary determines in regulations prescribed under this section warrants a presumption of service connection by reason of having a positive association with exposure to an herbicide agent known or presumed to be associated with service in the Armed Forces in or near the Panama Canal Zone during the covered period; and (B) that becomes manifest within the period, if any, prescribed in such regulations in a veteran who served on active duty in or near the Panama Canal Zone during the covered period and by reason of such service was exposed to such agent. (3) An illness described in this paragraph is any of the following: (A) Chronic B-cell leukemia. (B) Hodgkin’s disease. (C) Multiple myeloma. (D) Non-Hodgkin’s lymphoma. (E) Prostate cancer. (F) Respiratory cancers (including lung cancer). (G) Soft-tissue sarcoma (other than osteosarcoma, chondrosarcoma, Kaposi's sarcoma, or mesothelioma). (H) AL amyloidosis. (I) Chloracne and any other type of acneiform disease the Secretary determines is similar. (J) Diabetes mellitus type 2. (K) Ischemic heart disease. (L) Parkinson’s disease. (M) Early onset peripheral neuropathy. (N) Porphyria cutanea tarda. (O) Bladder cancer. (P) Hypothyroidism. (b) Regulations (1) Whenever the Secretary makes a determination described in paragraph (2), the Secretary shall prescribe regulations providing that a presumption of service connection is warranted for the illness covered by that determination for purposes of this section. (2) A determination described in this paragraph is a determination based on sound medical and scientific evidence that a positive association exists between— (A) the exposure of humans to a herbicide agent known or presumed to be associated with service in or near the Panama Canal Zone; and (B) the occurrence of a diagnosed or undiagnosed illness in humans. (3) In making determinations for purposes of paragraph (2), the Secretary shall— (A) take into account all sound medical and scientific information and analyses available to the Secretary; (B) in evaluating any report, information, or analysis, take into consideration whether the results are statistically significant, are capable of replication, and withstand peer review; and (C) consider an association between the occurrence of an illness in humans and exposure to an herbicide agent to be positive for purposes if the credible evidence for the association is equal to or outweighs the credible evidence against the association. (c) Definitions For purposes of this section: (1) The term covered period means the period beginning on January 1, 1958, and ending on the latter of the following dates, as determined by the Secretary: (A) December 31, 1999. (B) The date on which the last member of the Armed Forces departed from official duty in the Panama Canal Zone. (2) The term herbicide agent means a chemical in an herbicide, including Agent Purple and Agent Orange.
7,530
[ "Veterans' Affairs Committee" ]
118hr2465ih
118
hr
2,465
ih
To amend the Consumer Financial Protection Act of 2010 to provide for whistleblower incentives and protection.
[ { "text": "1. Short title \nThis Act may be cited as the Financial Compensation for CFPB Whistleblowers Act.", "id": "H9CEE50B3ED9B48BF84E14BD3D8D9A443", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Bureau whistleblower incentives and protection \n(a) In general \nThe Consumer Financial Protection Act of 2010 ( 12 U.S.C. 5481 et seq. ) is amended by inserting after section 1017 the following: 1017A. Whistleblower incentives and protection \n(a) Definitions \nIn this section: (1) Administrative proceeding or court action \nThe term administrative proceeding or court action means any judicial or administrative action brought by the Bureau that results in monetary sanctions exceeding $1,000,000. (2) Fund \nThe term Fund means the Consumer Financial Civil Penalty Fund established under section 1017(d)(1). (3) Monetary sanctions \nThe term monetary sanctions means, with respect to any administrative proceeding or court action, any monies, including penalties, disgorgement, restitution, interest, ordered to be paid or other amounts of relief obtained under section 1055(a)(2). (4) Original information \nThe term original information means information that— (A) is derived from the independent knowledge or analysis of a whistleblower; (B) is not known to the Bureau from any other source, unless the whistleblower is the original source of the information; (C) is not exclusively derived from an allegation made in a judicial or administrative hearing, in a governmental report, hearing, or from the news media, unless the whistleblower is a source of the information; and (D) is not exclusively derived from an allegation made in an audit, examination, or investigation. (5) Successful enforcement \nThe term successful enforcement includes, with respect to any administrative proceeding or court action brought by the Bureau, any settlement of such proceeding or action. (6) Whistleblower \nThe term whistleblower means any individual who provides, or 2 or more individuals acting jointly who provide, original information relating to a violation of Federal consumer financial law, consistent with any rule or regulation issued by the Bureau under this section. (b) Awards \n(1) In general \nIn any administrative proceeding or court action the Bureau, subject to regulations prescribed by the Bureau and subject to subsection (c), shall pay an award or awards to 1 or more whistleblowers who voluntarily provided original information that led to the successful enforcement of the covered administrative proceeding or court action in an aggregate amount equal to— (A) not less than 10 percent, in total, of the civil money penalties collected by the Bureau in the action; and (B) not more than 30 percent, in total, of the civil money penalties collected by the Bureau in the action. (2) Payment of awards \nAny amount paid under paragraph (1) shall be paid from the Fund. (3) Award minimum \nIf the Bureau collects less than $1,000,000 in civil money penalties in the action, the Bureau shall provide for an award to any single whistleblower equal to the greater of— (A) 10 percent of the civil money penalties collected; or (B) $50,000. (c) Determination of amount of award; denial of award \n(1) Determination of amount of award \n(A) Discretion \nThe determination of the percentage amount of an award made under subsection (b) shall be in the discretion of the Bureau. (B) Criteria \nIn determining the percentage amount of an award made under subsection (b), the Bureau shall take into consideration— (i) the significance of the information provided by the whistleblower to the successful enforcement of the administrative proceeding or court action; (ii) the degree of assistance provided by the whistleblower and any legal representative of the whistleblower in an administrative proceeding or court action; (iii) the programmatic interest of the Bureau in deterring violations of Federal consumer financial law (including applicable regulations) by making awards to whistleblowers who provide information that leads to the successful enforcement of such laws; and (iv) such additional relevant factors as the Bureau may establish by rule or regulation, including the amount available in the Fund. (2) Denial of award \nNo award under subsection (b) shall be made— (A) to any whistleblower who is, or was at the time the whistleblower acquired the original information submitted to the Bureau, a member, officer, or employee of an entity described in subclauses (I) through (V) of subsection (h)(1)(C)(i); (B) to any whistleblower who is convicted of a criminal violation related to the administrative proceeding or court action for which the whistleblower otherwise could receive an award under this section; (C) to any whistleblower who is found to be liable for the conduct in the administrative proceeding or court action, or a related action, for which the whistleblower otherwise could receive an award under this section; (D) to any whistleblower who planned and initiated the conduct at issue in the administrative proceeding or court action for which the whistleblower otherwise could receive an award under this section; (E) to any whistleblower who submits information to the Bureau that is based on the facts underlying the administrative proceeding or court action previously submitted by another whistleblower; and (F) to any whistleblower who fails to submit information to the Bureau in such form as the Bureau may, by rule or regulation, require. (d) Representation \n(1) Permitted representation \nAny whistleblower who makes a claim for an award under subsection (b) may be represented by counsel. (2) Required representation \n(A) In general \nAny whistleblower who anonymously makes a claim for an award under subsection (b) shall be represented by counsel if the whistleblower submits the information upon which the claim is based. (B) Disclosure of identity \nPrior to the payment of an award, a whistleblower shall disclose the identity of the whistleblower and provide such other information as the Bureau may require, directly or through counsel of the whistleblower. (e) No contract necessary \nNo contract or other agreement with the Bureau is necessary for any whistleblower to receive an award under subsection (b), unless otherwise required by the Bureau by rule or regulation. (f) Appeals \n(1) In general \nAny determination made under this section, including whether, to whom, or in what amount to make awards, shall be in the discretion of the Bureau. Any such determination, except the determination of the amount of an award if the award was made in accordance with subsection (b), may be appealed to the appropriate court of appeals of the United States not more than 30 days after the determination is issued by the Bureau. (2) Scope of review \nThe court shall review the determination made by the Bureau in accordance with section 706 of title 5, United States Code. (g) Reports to Congress \nNot later than December 31 of each year, the Bureau shall transmit to the House Committee on Financial Services and the Senate Committee on Banking, Housing, and Urban Affairs a report on the Bureau’s whistleblower award program under this section, including a description of the number of awards granted and the types of cases in which awards were granted during the preceding fiscal year. (h) Protection of whistleblowers \n(1) Confidentiality \n(A) In general \nExcept as provided in subparagraphs (B) and (C), the Bureau and any officer or employee of the Bureau, shall not disclose any information, including information provided by a whistleblower to the Bureau, which could reasonably be expected to reveal the identity of a whistleblower, except in accordance with the provisions of section 552a of title 5, United States Code, unless and until required to be disclosed to a defendant or respondent in connection with a public proceeding instituted by the Bureau or any entity described in subparagraph (C). For purposes of section 552 of title 5, United States Code, this paragraph shall be considered a statute described in subsection (b)(3)(B) of such section 552. (B) Effect \nNothing in this paragraph is intended to limit the ability of the Attorney General to present such evidence to a grand jury or to share such evidence with potential witnesses or defendants in the course of an ongoing criminal investigation. (C) Availability to government agencies \n(i) In general \nWithout the loss of its status as confidential in the hands of the Bureau, all information referred to in subparagraph (A) may, in the discretion of the Bureau, when determined by the Bureau to be necessary or appropriate, be made available to— (I) the Department of Justice; (II) an appropriate department or agency of the Federal Government, acting within the scope of its jurisdiction; (III) a State attorney general in connection with any criminal investigation; (IV) an appropriate department or agency of any State, acting within the scope of its jurisdiction; and (V) a foreign regulatory authority. (ii) Maintenance of information \nEach of the entities, agencies, or persons described in clause (i) shall maintain information described in that clause as confidential, in accordance with the requirements in subparagraph (A). (2) Rights retained \nNothing in this section shall be deemed to diminish the rights, privileges, or remedies of any whistleblower under section 1057, any other Federal or State law, or under any collective bargaining agreement. (i) Rulemaking authority \nThe Bureau shall have the authority to issue such rules and regulations as may be necessary or appropriate to implement the provisions of this section consistent with the purposes of this section. (j) Original information \nInformation submitted to the Bureau by a whistleblower in accordance with rules or regulations implementing this section shall not lose its status as original information solely because the whistleblower submitted such information prior to the effective date of such rules or regulations, provided such information was submitted after the date of enactment of this section. (k) Provision of false information \nA whistleblower who knowingly and willfully makes any false, fictitious, or fraudulent statement or representation, or who makes or uses any false writing or document knowing the same to contain any false, fictitious, or fraudulent statement or entry, shall not be entitled to an award under this section and shall be subject to prosecution under section 1001 of title 18, United States Code. (l) Unenforceability of certain agreements \n(1) No waiver of rights and remedies \nExcept as provided under paragraph (3), and notwithstanding any other provision of law, the rights and remedies provided for in this section may not be waived by any agreement, policy, form, or condition of employment, including by any predispute arbitration agreement. (2) No predispute arbitration agreements \nExcept as provided under paragraph (3), and notwithstanding any other provision of law, no predispute arbitration agreement shall be valid or enforceable to the extent that the agreement requires arbitration of a dispute arising under this section. (3) Exception \nNotwithstanding paragraphs (1) and (2), an arbitration provision in a collective bargaining agreement shall be enforceable as to disputes arising under subsection (a)(4), unless the Bureau determines, by rule, that such provision is inconsistent with the purposes of this title.. (b) Consumer Financial Civil Penalty Fund \nSection 1017(d)(2) of the Consumer Financial Protection Act of 2010 ( 12 U.S.C. 5497(d)(2) ) is amended, in the first sentence, by inserting and for awards authorized under section 1017A before the period at the end.", "id": "HCA80855991E04F47B7D6A10164E42404", "header": "Bureau whistleblower incentives and protection", "nested": [ { "text": "(a) In general \nThe Consumer Financial Protection Act of 2010 ( 12 U.S.C. 5481 et seq. ) is amended by inserting after section 1017 the following: 1017A. Whistleblower incentives and protection \n(a) Definitions \nIn this section: (1) Administrative proceeding or court action \nThe term administrative proceeding or court action means any judicial or administrative action brought by the Bureau that results in monetary sanctions exceeding $1,000,000. (2) Fund \nThe term Fund means the Consumer Financial Civil Penalty Fund established under section 1017(d)(1). (3) Monetary sanctions \nThe term monetary sanctions means, with respect to any administrative proceeding or court action, any monies, including penalties, disgorgement, restitution, interest, ordered to be paid or other amounts of relief obtained under section 1055(a)(2). (4) Original information \nThe term original information means information that— (A) is derived from the independent knowledge or analysis of a whistleblower; (B) is not known to the Bureau from any other source, unless the whistleblower is the original source of the information; (C) is not exclusively derived from an allegation made in a judicial or administrative hearing, in a governmental report, hearing, or from the news media, unless the whistleblower is a source of the information; and (D) is not exclusively derived from an allegation made in an audit, examination, or investigation. (5) Successful enforcement \nThe term successful enforcement includes, with respect to any administrative proceeding or court action brought by the Bureau, any settlement of such proceeding or action. (6) Whistleblower \nThe term whistleblower means any individual who provides, or 2 or more individuals acting jointly who provide, original information relating to a violation of Federal consumer financial law, consistent with any rule or regulation issued by the Bureau under this section. (b) Awards \n(1) In general \nIn any administrative proceeding or court action the Bureau, subject to regulations prescribed by the Bureau and subject to subsection (c), shall pay an award or awards to 1 or more whistleblowers who voluntarily provided original information that led to the successful enforcement of the covered administrative proceeding or court action in an aggregate amount equal to— (A) not less than 10 percent, in total, of the civil money penalties collected by the Bureau in the action; and (B) not more than 30 percent, in total, of the civil money penalties collected by the Bureau in the action. (2) Payment of awards \nAny amount paid under paragraph (1) shall be paid from the Fund. (3) Award minimum \nIf the Bureau collects less than $1,000,000 in civil money penalties in the action, the Bureau shall provide for an award to any single whistleblower equal to the greater of— (A) 10 percent of the civil money penalties collected; or (B) $50,000. (c) Determination of amount of award; denial of award \n(1) Determination of amount of award \n(A) Discretion \nThe determination of the percentage amount of an award made under subsection (b) shall be in the discretion of the Bureau. (B) Criteria \nIn determining the percentage amount of an award made under subsection (b), the Bureau shall take into consideration— (i) the significance of the information provided by the whistleblower to the successful enforcement of the administrative proceeding or court action; (ii) the degree of assistance provided by the whistleblower and any legal representative of the whistleblower in an administrative proceeding or court action; (iii) the programmatic interest of the Bureau in deterring violations of Federal consumer financial law (including applicable regulations) by making awards to whistleblowers who provide information that leads to the successful enforcement of such laws; and (iv) such additional relevant factors as the Bureau may establish by rule or regulation, including the amount available in the Fund. (2) Denial of award \nNo award under subsection (b) shall be made— (A) to any whistleblower who is, or was at the time the whistleblower acquired the original information submitted to the Bureau, a member, officer, or employee of an entity described in subclauses (I) through (V) of subsection (h)(1)(C)(i); (B) to any whistleblower who is convicted of a criminal violation related to the administrative proceeding or court action for which the whistleblower otherwise could receive an award under this section; (C) to any whistleblower who is found to be liable for the conduct in the administrative proceeding or court action, or a related action, for which the whistleblower otherwise could receive an award under this section; (D) to any whistleblower who planned and initiated the conduct at issue in the administrative proceeding or court action for which the whistleblower otherwise could receive an award under this section; (E) to any whistleblower who submits information to the Bureau that is based on the facts underlying the administrative proceeding or court action previously submitted by another whistleblower; and (F) to any whistleblower who fails to submit information to the Bureau in such form as the Bureau may, by rule or regulation, require. (d) Representation \n(1) Permitted representation \nAny whistleblower who makes a claim for an award under subsection (b) may be represented by counsel. (2) Required representation \n(A) In general \nAny whistleblower who anonymously makes a claim for an award under subsection (b) shall be represented by counsel if the whistleblower submits the information upon which the claim is based. (B) Disclosure of identity \nPrior to the payment of an award, a whistleblower shall disclose the identity of the whistleblower and provide such other information as the Bureau may require, directly or through counsel of the whistleblower. (e) No contract necessary \nNo contract or other agreement with the Bureau is necessary for any whistleblower to receive an award under subsection (b), unless otherwise required by the Bureau by rule or regulation. (f) Appeals \n(1) In general \nAny determination made under this section, including whether, to whom, or in what amount to make awards, shall be in the discretion of the Bureau. Any such determination, except the determination of the amount of an award if the award was made in accordance with subsection (b), may be appealed to the appropriate court of appeals of the United States not more than 30 days after the determination is issued by the Bureau. (2) Scope of review \nThe court shall review the determination made by the Bureau in accordance with section 706 of title 5, United States Code. (g) Reports to Congress \nNot later than December 31 of each year, the Bureau shall transmit to the House Committee on Financial Services and the Senate Committee on Banking, Housing, and Urban Affairs a report on the Bureau’s whistleblower award program under this section, including a description of the number of awards granted and the types of cases in which awards were granted during the preceding fiscal year. (h) Protection of whistleblowers \n(1) Confidentiality \n(A) In general \nExcept as provided in subparagraphs (B) and (C), the Bureau and any officer or employee of the Bureau, shall not disclose any information, including information provided by a whistleblower to the Bureau, which could reasonably be expected to reveal the identity of a whistleblower, except in accordance with the provisions of section 552a of title 5, United States Code, unless and until required to be disclosed to a defendant or respondent in connection with a public proceeding instituted by the Bureau or any entity described in subparagraph (C). For purposes of section 552 of title 5, United States Code, this paragraph shall be considered a statute described in subsection (b)(3)(B) of such section 552. (B) Effect \nNothing in this paragraph is intended to limit the ability of the Attorney General to present such evidence to a grand jury or to share such evidence with potential witnesses or defendants in the course of an ongoing criminal investigation. (C) Availability to government agencies \n(i) In general \nWithout the loss of its status as confidential in the hands of the Bureau, all information referred to in subparagraph (A) may, in the discretion of the Bureau, when determined by the Bureau to be necessary or appropriate, be made available to— (I) the Department of Justice; (II) an appropriate department or agency of the Federal Government, acting within the scope of its jurisdiction; (III) a State attorney general in connection with any criminal investigation; (IV) an appropriate department or agency of any State, acting within the scope of its jurisdiction; and (V) a foreign regulatory authority. (ii) Maintenance of information \nEach of the entities, agencies, or persons described in clause (i) shall maintain information described in that clause as confidential, in accordance with the requirements in subparagraph (A). (2) Rights retained \nNothing in this section shall be deemed to diminish the rights, privileges, or remedies of any whistleblower under section 1057, any other Federal or State law, or under any collective bargaining agreement. (i) Rulemaking authority \nThe Bureau shall have the authority to issue such rules and regulations as may be necessary or appropriate to implement the provisions of this section consistent with the purposes of this section. (j) Original information \nInformation submitted to the Bureau by a whistleblower in accordance with rules or regulations implementing this section shall not lose its status as original information solely because the whistleblower submitted such information prior to the effective date of such rules or regulations, provided such information was submitted after the date of enactment of this section. (k) Provision of false information \nA whistleblower who knowingly and willfully makes any false, fictitious, or fraudulent statement or representation, or who makes or uses any false writing or document knowing the same to contain any false, fictitious, or fraudulent statement or entry, shall not be entitled to an award under this section and shall be subject to prosecution under section 1001 of title 18, United States Code. (l) Unenforceability of certain agreements \n(1) No waiver of rights and remedies \nExcept as provided under paragraph (3), and notwithstanding any other provision of law, the rights and remedies provided for in this section may not be waived by any agreement, policy, form, or condition of employment, including by any predispute arbitration agreement. (2) No predispute arbitration agreements \nExcept as provided under paragraph (3), and notwithstanding any other provision of law, no predispute arbitration agreement shall be valid or enforceable to the extent that the agreement requires arbitration of a dispute arising under this section. (3) Exception \nNotwithstanding paragraphs (1) and (2), an arbitration provision in a collective bargaining agreement shall be enforceable as to disputes arising under subsection (a)(4), unless the Bureau determines, by rule, that such provision is inconsistent with the purposes of this title..", "id": "H47DDAB108BD6426AA74256DE3AAADC38", "header": "In general", "nested": [], "links": [ { "text": "12 U.S.C. 5481 et seq.", "legal-doc": "usc", "parsable-cite": "usc/12/5481" } ] }, { "text": "(b) Consumer Financial Civil Penalty Fund \nSection 1017(d)(2) of the Consumer Financial Protection Act of 2010 ( 12 U.S.C. 5497(d)(2) ) is amended, in the first sentence, by inserting and for awards authorized under section 1017A before the period at the end.", "id": "HC2B34D679A8741E9BCD60E12887EDCFF", "header": "Consumer Financial Civil Penalty Fund", "nested": [], "links": [ { "text": "12 U.S.C. 5497(d)(2)", "legal-doc": "usc", "parsable-cite": "usc/12/5497" } ] } ], "links": [ { "text": "12 U.S.C. 5481 et seq.", "legal-doc": "usc", "parsable-cite": "usc/12/5481" }, { "text": "12 U.S.C. 5497(d)(2)", "legal-doc": "usc", "parsable-cite": "usc/12/5497" } ] }, { "text": "1017A. Whistleblower incentives and protection \n(a) Definitions \nIn this section: (1) Administrative proceeding or court action \nThe term administrative proceeding or court action means any judicial or administrative action brought by the Bureau that results in monetary sanctions exceeding $1,000,000. (2) Fund \nThe term Fund means the Consumer Financial Civil Penalty Fund established under section 1017(d)(1). (3) Monetary sanctions \nThe term monetary sanctions means, with respect to any administrative proceeding or court action, any monies, including penalties, disgorgement, restitution, interest, ordered to be paid or other amounts of relief obtained under section 1055(a)(2). (4) Original information \nThe term original information means information that— (A) is derived from the independent knowledge or analysis of a whistleblower; (B) is not known to the Bureau from any other source, unless the whistleblower is the original source of the information; (C) is not exclusively derived from an allegation made in a judicial or administrative hearing, in a governmental report, hearing, or from the news media, unless the whistleblower is a source of the information; and (D) is not exclusively derived from an allegation made in an audit, examination, or investigation. (5) Successful enforcement \nThe term successful enforcement includes, with respect to any administrative proceeding or court action brought by the Bureau, any settlement of such proceeding or action. (6) Whistleblower \nThe term whistleblower means any individual who provides, or 2 or more individuals acting jointly who provide, original information relating to a violation of Federal consumer financial law, consistent with any rule or regulation issued by the Bureau under this section. (b) Awards \n(1) In general \nIn any administrative proceeding or court action the Bureau, subject to regulations prescribed by the Bureau and subject to subsection (c), shall pay an award or awards to 1 or more whistleblowers who voluntarily provided original information that led to the successful enforcement of the covered administrative proceeding or court action in an aggregate amount equal to— (A) not less than 10 percent, in total, of the civil money penalties collected by the Bureau in the action; and (B) not more than 30 percent, in total, of the civil money penalties collected by the Bureau in the action. (2) Payment of awards \nAny amount paid under paragraph (1) shall be paid from the Fund. (3) Award minimum \nIf the Bureau collects less than $1,000,000 in civil money penalties in the action, the Bureau shall provide for an award to any single whistleblower equal to the greater of— (A) 10 percent of the civil money penalties collected; or (B) $50,000. (c) Determination of amount of award; denial of award \n(1) Determination of amount of award \n(A) Discretion \nThe determination of the percentage amount of an award made under subsection (b) shall be in the discretion of the Bureau. (B) Criteria \nIn determining the percentage amount of an award made under subsection (b), the Bureau shall take into consideration— (i) the significance of the information provided by the whistleblower to the successful enforcement of the administrative proceeding or court action; (ii) the degree of assistance provided by the whistleblower and any legal representative of the whistleblower in an administrative proceeding or court action; (iii) the programmatic interest of the Bureau in deterring violations of Federal consumer financial law (including applicable regulations) by making awards to whistleblowers who provide information that leads to the successful enforcement of such laws; and (iv) such additional relevant factors as the Bureau may establish by rule or regulation, including the amount available in the Fund. (2) Denial of award \nNo award under subsection (b) shall be made— (A) to any whistleblower who is, or was at the time the whistleblower acquired the original information submitted to the Bureau, a member, officer, or employee of an entity described in subclauses (I) through (V) of subsection (h)(1)(C)(i); (B) to any whistleblower who is convicted of a criminal violation related to the administrative proceeding or court action for which the whistleblower otherwise could receive an award under this section; (C) to any whistleblower who is found to be liable for the conduct in the administrative proceeding or court action, or a related action, for which the whistleblower otherwise could receive an award under this section; (D) to any whistleblower who planned and initiated the conduct at issue in the administrative proceeding or court action for which the whistleblower otherwise could receive an award under this section; (E) to any whistleblower who submits information to the Bureau that is based on the facts underlying the administrative proceeding or court action previously submitted by another whistleblower; and (F) to any whistleblower who fails to submit information to the Bureau in such form as the Bureau may, by rule or regulation, require. (d) Representation \n(1) Permitted representation \nAny whistleblower who makes a claim for an award under subsection (b) may be represented by counsel. (2) Required representation \n(A) In general \nAny whistleblower who anonymously makes a claim for an award under subsection (b) shall be represented by counsel if the whistleblower submits the information upon which the claim is based. (B) Disclosure of identity \nPrior to the payment of an award, a whistleblower shall disclose the identity of the whistleblower and provide such other information as the Bureau may require, directly or through counsel of the whistleblower. (e) No contract necessary \nNo contract or other agreement with the Bureau is necessary for any whistleblower to receive an award under subsection (b), unless otherwise required by the Bureau by rule or regulation. (f) Appeals \n(1) In general \nAny determination made under this section, including whether, to whom, or in what amount to make awards, shall be in the discretion of the Bureau. Any such determination, except the determination of the amount of an award if the award was made in accordance with subsection (b), may be appealed to the appropriate court of appeals of the United States not more than 30 days after the determination is issued by the Bureau. (2) Scope of review \nThe court shall review the determination made by the Bureau in accordance with section 706 of title 5, United States Code. (g) Reports to Congress \nNot later than December 31 of each year, the Bureau shall transmit to the House Committee on Financial Services and the Senate Committee on Banking, Housing, and Urban Affairs a report on the Bureau’s whistleblower award program under this section, including a description of the number of awards granted and the types of cases in which awards were granted during the preceding fiscal year. (h) Protection of whistleblowers \n(1) Confidentiality \n(A) In general \nExcept as provided in subparagraphs (B) and (C), the Bureau and any officer or employee of the Bureau, shall not disclose any information, including information provided by a whistleblower to the Bureau, which could reasonably be expected to reveal the identity of a whistleblower, except in accordance with the provisions of section 552a of title 5, United States Code, unless and until required to be disclosed to a defendant or respondent in connection with a public proceeding instituted by the Bureau or any entity described in subparagraph (C). For purposes of section 552 of title 5, United States Code, this paragraph shall be considered a statute described in subsection (b)(3)(B) of such section 552. (B) Effect \nNothing in this paragraph is intended to limit the ability of the Attorney General to present such evidence to a grand jury or to share such evidence with potential witnesses or defendants in the course of an ongoing criminal investigation. (C) Availability to government agencies \n(i) In general \nWithout the loss of its status as confidential in the hands of the Bureau, all information referred to in subparagraph (A) may, in the discretion of the Bureau, when determined by the Bureau to be necessary or appropriate, be made available to— (I) the Department of Justice; (II) an appropriate department or agency of the Federal Government, acting within the scope of its jurisdiction; (III) a State attorney general in connection with any criminal investigation; (IV) an appropriate department or agency of any State, acting within the scope of its jurisdiction; and (V) a foreign regulatory authority. (ii) Maintenance of information \nEach of the entities, agencies, or persons described in clause (i) shall maintain information described in that clause as confidential, in accordance with the requirements in subparagraph (A). (2) Rights retained \nNothing in this section shall be deemed to diminish the rights, privileges, or remedies of any whistleblower under section 1057, any other Federal or State law, or under any collective bargaining agreement. (i) Rulemaking authority \nThe Bureau shall have the authority to issue such rules and regulations as may be necessary or appropriate to implement the provisions of this section consistent with the purposes of this section. (j) Original information \nInformation submitted to the Bureau by a whistleblower in accordance with rules or regulations implementing this section shall not lose its status as original information solely because the whistleblower submitted such information prior to the effective date of such rules or regulations, provided such information was submitted after the date of enactment of this section. (k) Provision of false information \nA whistleblower who knowingly and willfully makes any false, fictitious, or fraudulent statement or representation, or who makes or uses any false writing or document knowing the same to contain any false, fictitious, or fraudulent statement or entry, shall not be entitled to an award under this section and shall be subject to prosecution under section 1001 of title 18, United States Code. (l) Unenforceability of certain agreements \n(1) No waiver of rights and remedies \nExcept as provided under paragraph (3), and notwithstanding any other provision of law, the rights and remedies provided for in this section may not be waived by any agreement, policy, form, or condition of employment, including by any predispute arbitration agreement. (2) No predispute arbitration agreements \nExcept as provided under paragraph (3), and notwithstanding any other provision of law, no predispute arbitration agreement shall be valid or enforceable to the extent that the agreement requires arbitration of a dispute arising under this section. (3) Exception \nNotwithstanding paragraphs (1) and (2), an arbitration provision in a collective bargaining agreement shall be enforceable as to disputes arising under subsection (a)(4), unless the Bureau determines, by rule, that such provision is inconsistent with the purposes of this title.", "id": "HC5D3439979FA469B9217AB2C5E276D11", "header": "Whistleblower incentives and protection", "nested": [ { "text": "(a) Definitions \nIn this section: (1) Administrative proceeding or court action \nThe term administrative proceeding or court action means any judicial or administrative action brought by the Bureau that results in monetary sanctions exceeding $1,000,000. (2) Fund \nThe term Fund means the Consumer Financial Civil Penalty Fund established under section 1017(d)(1). (3) Monetary sanctions \nThe term monetary sanctions means, with respect to any administrative proceeding or court action, any monies, including penalties, disgorgement, restitution, interest, ordered to be paid or other amounts of relief obtained under section 1055(a)(2). (4) Original information \nThe term original information means information that— (A) is derived from the independent knowledge or analysis of a whistleblower; (B) is not known to the Bureau from any other source, unless the whistleblower is the original source of the information; (C) is not exclusively derived from an allegation made in a judicial or administrative hearing, in a governmental report, hearing, or from the news media, unless the whistleblower is a source of the information; and (D) is not exclusively derived from an allegation made in an audit, examination, or investigation. (5) Successful enforcement \nThe term successful enforcement includes, with respect to any administrative proceeding or court action brought by the Bureau, any settlement of such proceeding or action. (6) Whistleblower \nThe term whistleblower means any individual who provides, or 2 or more individuals acting jointly who provide, original information relating to a violation of Federal consumer financial law, consistent with any rule or regulation issued by the Bureau under this section.", "id": "H17CF82DC71D64C999318143E58A11EF1", "header": "Definitions", "nested": [], "links": [] }, { "text": "(b) Awards \n(1) In general \nIn any administrative proceeding or court action the Bureau, subject to regulations prescribed by the Bureau and subject to subsection (c), shall pay an award or awards to 1 or more whistleblowers who voluntarily provided original information that led to the successful enforcement of the covered administrative proceeding or court action in an aggregate amount equal to— (A) not less than 10 percent, in total, of the civil money penalties collected by the Bureau in the action; and (B) not more than 30 percent, in total, of the civil money penalties collected by the Bureau in the action. (2) Payment of awards \nAny amount paid under paragraph (1) shall be paid from the Fund. (3) Award minimum \nIf the Bureau collects less than $1,000,000 in civil money penalties in the action, the Bureau shall provide for an award to any single whistleblower equal to the greater of— (A) 10 percent of the civil money penalties collected; or (B) $50,000.", "id": "HABFDB089F17E4EE2B333CF11A6C7F78F", "header": "Awards", "nested": [], "links": [] }, { "text": "(c) Determination of amount of award; denial of award \n(1) Determination of amount of award \n(A) Discretion \nThe determination of the percentage amount of an award made under subsection (b) shall be in the discretion of the Bureau. (B) Criteria \nIn determining the percentage amount of an award made under subsection (b), the Bureau shall take into consideration— (i) the significance of the information provided by the whistleblower to the successful enforcement of the administrative proceeding or court action; (ii) the degree of assistance provided by the whistleblower and any legal representative of the whistleblower in an administrative proceeding or court action; (iii) the programmatic interest of the Bureau in deterring violations of Federal consumer financial law (including applicable regulations) by making awards to whistleblowers who provide information that leads to the successful enforcement of such laws; and (iv) such additional relevant factors as the Bureau may establish by rule or regulation, including the amount available in the Fund. (2) Denial of award \nNo award under subsection (b) shall be made— (A) to any whistleblower who is, or was at the time the whistleblower acquired the original information submitted to the Bureau, a member, officer, or employee of an entity described in subclauses (I) through (V) of subsection (h)(1)(C)(i); (B) to any whistleblower who is convicted of a criminal violation related to the administrative proceeding or court action for which the whistleblower otherwise could receive an award under this section; (C) to any whistleblower who is found to be liable for the conduct in the administrative proceeding or court action, or a related action, for which the whistleblower otherwise could receive an award under this section; (D) to any whistleblower who planned and initiated the conduct at issue in the administrative proceeding or court action for which the whistleblower otherwise could receive an award under this section; (E) to any whistleblower who submits information to the Bureau that is based on the facts underlying the administrative proceeding or court action previously submitted by another whistleblower; and (F) to any whistleblower who fails to submit information to the Bureau in such form as the Bureau may, by rule or regulation, require.", "id": "H62F961E44B3743AE86183E091A0AB920", "header": "Determination of amount of award; denial of award", "nested": [], "links": [] }, { "text": "(d) Representation \n(1) Permitted representation \nAny whistleblower who makes a claim for an award under subsection (b) may be represented by counsel. (2) Required representation \n(A) In general \nAny whistleblower who anonymously makes a claim for an award under subsection (b) shall be represented by counsel if the whistleblower submits the information upon which the claim is based. (B) Disclosure of identity \nPrior to the payment of an award, a whistleblower shall disclose the identity of the whistleblower and provide such other information as the Bureau may require, directly or through counsel of the whistleblower.", "id": "HC81507E7CA644D05946FF7A5EE62B8A0", "header": "Representation", "nested": [], "links": [] }, { "text": "(e) No contract necessary \nNo contract or other agreement with the Bureau is necessary for any whistleblower to receive an award under subsection (b), unless otherwise required by the Bureau by rule or regulation.", "id": "H4ED817F4055D4695AC09DFFE535E89C7", "header": "No contract necessary", "nested": [], "links": [] }, { "text": "(f) Appeals \n(1) In general \nAny determination made under this section, including whether, to whom, or in what amount to make awards, shall be in the discretion of the Bureau. Any such determination, except the determination of the amount of an award if the award was made in accordance with subsection (b), may be appealed to the appropriate court of appeals of the United States not more than 30 days after the determination is issued by the Bureau. (2) Scope of review \nThe court shall review the determination made by the Bureau in accordance with section 706 of title 5, United States Code.", "id": "HC1B4439B284B46A0991B1997E4445D64", "header": "Appeals", "nested": [], "links": [] }, { "text": "(g) Reports to Congress \nNot later than December 31 of each year, the Bureau shall transmit to the House Committee on Financial Services and the Senate Committee on Banking, Housing, and Urban Affairs a report on the Bureau’s whistleblower award program under this section, including a description of the number of awards granted and the types of cases in which awards were granted during the preceding fiscal year.", "id": "H8B1430A8D0934E8498CB47FFD9513756", "header": "Reports to Congress", "nested": [], "links": [] }, { "text": "(h) Protection of whistleblowers \n(1) Confidentiality \n(A) In general \nExcept as provided in subparagraphs (B) and (C), the Bureau and any officer or employee of the Bureau, shall not disclose any information, including information provided by a whistleblower to the Bureau, which could reasonably be expected to reveal the identity of a whistleblower, except in accordance with the provisions of section 552a of title 5, United States Code, unless and until required to be disclosed to a defendant or respondent in connection with a public proceeding instituted by the Bureau or any entity described in subparagraph (C). For purposes of section 552 of title 5, United States Code, this paragraph shall be considered a statute described in subsection (b)(3)(B) of such section 552. (B) Effect \nNothing in this paragraph is intended to limit the ability of the Attorney General to present such evidence to a grand jury or to share such evidence with potential witnesses or defendants in the course of an ongoing criminal investigation. (C) Availability to government agencies \n(i) In general \nWithout the loss of its status as confidential in the hands of the Bureau, all information referred to in subparagraph (A) may, in the discretion of the Bureau, when determined by the Bureau to be necessary or appropriate, be made available to— (I) the Department of Justice; (II) an appropriate department or agency of the Federal Government, acting within the scope of its jurisdiction; (III) a State attorney general in connection with any criminal investigation; (IV) an appropriate department or agency of any State, acting within the scope of its jurisdiction; and (V) a foreign regulatory authority. (ii) Maintenance of information \nEach of the entities, agencies, or persons described in clause (i) shall maintain information described in that clause as confidential, in accordance with the requirements in subparagraph (A). (2) Rights retained \nNothing in this section shall be deemed to diminish the rights, privileges, or remedies of any whistleblower under section 1057, any other Federal or State law, or under any collective bargaining agreement.", "id": "HF95F28B4070C4833A77508AF60563F2A", "header": "Protection of whistleblowers", "nested": [], "links": [] }, { "text": "(i) Rulemaking authority \nThe Bureau shall have the authority to issue such rules and regulations as may be necessary or appropriate to implement the provisions of this section consistent with the purposes of this section.", "id": "H7ED4CC64F8FB489182395F1B23607324", "header": "Rulemaking authority", "nested": [], "links": [] }, { "text": "(j) Original information \nInformation submitted to the Bureau by a whistleblower in accordance with rules or regulations implementing this section shall not lose its status as original information solely because the whistleblower submitted such information prior to the effective date of such rules or regulations, provided such information was submitted after the date of enactment of this section.", "id": "H09A3BB6807CC4FA39DCBA60A4878E69D", "header": "Original information", "nested": [], "links": [] }, { "text": "(k) Provision of false information \nA whistleblower who knowingly and willfully makes any false, fictitious, or fraudulent statement or representation, or who makes or uses any false writing or document knowing the same to contain any false, fictitious, or fraudulent statement or entry, shall not be entitled to an award under this section and shall be subject to prosecution under section 1001 of title 18, United States Code.", "id": "HEF732B4D085F49A1914D26DEF1F2F14D", "header": "Provision of false information", "nested": [], "links": [] }, { "text": "(l) Unenforceability of certain agreements \n(1) No waiver of rights and remedies \nExcept as provided under paragraph (3), and notwithstanding any other provision of law, the rights and remedies provided for in this section may not be waived by any agreement, policy, form, or condition of employment, including by any predispute arbitration agreement. (2) No predispute arbitration agreements \nExcept as provided under paragraph (3), and notwithstanding any other provision of law, no predispute arbitration agreement shall be valid or enforceable to the extent that the agreement requires arbitration of a dispute arising under this section. (3) Exception \nNotwithstanding paragraphs (1) and (2), an arbitration provision in a collective bargaining agreement shall be enforceable as to disputes arising under subsection (a)(4), unless the Bureau determines, by rule, that such provision is inconsistent with the purposes of this title.", "id": "H63A7468309B04C34854D2278C3B21DEE", "header": "Unenforceability of certain agreements", "nested": [], "links": [] } ], "links": [] } ]
3
1. Short title This Act may be cited as the Financial Compensation for CFPB Whistleblowers Act. 2. Bureau whistleblower incentives and protection (a) In general The Consumer Financial Protection Act of 2010 ( 12 U.S.C. 5481 et seq. ) is amended by inserting after section 1017 the following: 1017A. Whistleblower incentives and protection (a) Definitions In this section: (1) Administrative proceeding or court action The term administrative proceeding or court action means any judicial or administrative action brought by the Bureau that results in monetary sanctions exceeding $1,000,000. (2) Fund The term Fund means the Consumer Financial Civil Penalty Fund established under section 1017(d)(1). (3) Monetary sanctions The term monetary sanctions means, with respect to any administrative proceeding or court action, any monies, including penalties, disgorgement, restitution, interest, ordered to be paid or other amounts of relief obtained under section 1055(a)(2). (4) Original information The term original information means information that— (A) is derived from the independent knowledge or analysis of a whistleblower; (B) is not known to the Bureau from any other source, unless the whistleblower is the original source of the information; (C) is not exclusively derived from an allegation made in a judicial or administrative hearing, in a governmental report, hearing, or from the news media, unless the whistleblower is a source of the information; and (D) is not exclusively derived from an allegation made in an audit, examination, or investigation. (5) Successful enforcement The term successful enforcement includes, with respect to any administrative proceeding or court action brought by the Bureau, any settlement of such proceeding or action. (6) Whistleblower The term whistleblower means any individual who provides, or 2 or more individuals acting jointly who provide, original information relating to a violation of Federal consumer financial law, consistent with any rule or regulation issued by the Bureau under this section. (b) Awards (1) In general In any administrative proceeding or court action the Bureau, subject to regulations prescribed by the Bureau and subject to subsection (c), shall pay an award or awards to 1 or more whistleblowers who voluntarily provided original information that led to the successful enforcement of the covered administrative proceeding or court action in an aggregate amount equal to— (A) not less than 10 percent, in total, of the civil money penalties collected by the Bureau in the action; and (B) not more than 30 percent, in total, of the civil money penalties collected by the Bureau in the action. (2) Payment of awards Any amount paid under paragraph (1) shall be paid from the Fund. (3) Award minimum If the Bureau collects less than $1,000,000 in civil money penalties in the action, the Bureau shall provide for an award to any single whistleblower equal to the greater of— (A) 10 percent of the civil money penalties collected; or (B) $50,000. (c) Determination of amount of award; denial of award (1) Determination of amount of award (A) Discretion The determination of the percentage amount of an award made under subsection (b) shall be in the discretion of the Bureau. (B) Criteria In determining the percentage amount of an award made under subsection (b), the Bureau shall take into consideration— (i) the significance of the information provided by the whistleblower to the successful enforcement of the administrative proceeding or court action; (ii) the degree of assistance provided by the whistleblower and any legal representative of the whistleblower in an administrative proceeding or court action; (iii) the programmatic interest of the Bureau in deterring violations of Federal consumer financial law (including applicable regulations) by making awards to whistleblowers who provide information that leads to the successful enforcement of such laws; and (iv) such additional relevant factors as the Bureau may establish by rule or regulation, including the amount available in the Fund. (2) Denial of award No award under subsection (b) shall be made— (A) to any whistleblower who is, or was at the time the whistleblower acquired the original information submitted to the Bureau, a member, officer, or employee of an entity described in subclauses (I) through (V) of subsection (h)(1)(C)(i); (B) to any whistleblower who is convicted of a criminal violation related to the administrative proceeding or court action for which the whistleblower otherwise could receive an award under this section; (C) to any whistleblower who is found to be liable for the conduct in the administrative proceeding or court action, or a related action, for which the whistleblower otherwise could receive an award under this section; (D) to any whistleblower who planned and initiated the conduct at issue in the administrative proceeding or court action for which the whistleblower otherwise could receive an award under this section; (E) to any whistleblower who submits information to the Bureau that is based on the facts underlying the administrative proceeding or court action previously submitted by another whistleblower; and (F) to any whistleblower who fails to submit information to the Bureau in such form as the Bureau may, by rule or regulation, require. (d) Representation (1) Permitted representation Any whistleblower who makes a claim for an award under subsection (b) may be represented by counsel. (2) Required representation (A) In general Any whistleblower who anonymously makes a claim for an award under subsection (b) shall be represented by counsel if the whistleblower submits the information upon which the claim is based. (B) Disclosure of identity Prior to the payment of an award, a whistleblower shall disclose the identity of the whistleblower and provide such other information as the Bureau may require, directly or through counsel of the whistleblower. (e) No contract necessary No contract or other agreement with the Bureau is necessary for any whistleblower to receive an award under subsection (b), unless otherwise required by the Bureau by rule or regulation. (f) Appeals (1) In general Any determination made under this section, including whether, to whom, or in what amount to make awards, shall be in the discretion of the Bureau. Any such determination, except the determination of the amount of an award if the award was made in accordance with subsection (b), may be appealed to the appropriate court of appeals of the United States not more than 30 days after the determination is issued by the Bureau. (2) Scope of review The court shall review the determination made by the Bureau in accordance with section 706 of title 5, United States Code. (g) Reports to Congress Not later than December 31 of each year, the Bureau shall transmit to the House Committee on Financial Services and the Senate Committee on Banking, Housing, and Urban Affairs a report on the Bureau’s whistleblower award program under this section, including a description of the number of awards granted and the types of cases in which awards were granted during the preceding fiscal year. (h) Protection of whistleblowers (1) Confidentiality (A) In general Except as provided in subparagraphs (B) and (C), the Bureau and any officer or employee of the Bureau, shall not disclose any information, including information provided by a whistleblower to the Bureau, which could reasonably be expected to reveal the identity of a whistleblower, except in accordance with the provisions of section 552a of title 5, United States Code, unless and until required to be disclosed to a defendant or respondent in connection with a public proceeding instituted by the Bureau or any entity described in subparagraph (C). For purposes of section 552 of title 5, United States Code, this paragraph shall be considered a statute described in subsection (b)(3)(B) of such section 552. (B) Effect Nothing in this paragraph is intended to limit the ability of the Attorney General to present such evidence to a grand jury or to share such evidence with potential witnesses or defendants in the course of an ongoing criminal investigation. (C) Availability to government agencies (i) In general Without the loss of its status as confidential in the hands of the Bureau, all information referred to in subparagraph (A) may, in the discretion of the Bureau, when determined by the Bureau to be necessary or appropriate, be made available to— (I) the Department of Justice; (II) an appropriate department or agency of the Federal Government, acting within the scope of its jurisdiction; (III) a State attorney general in connection with any criminal investigation; (IV) an appropriate department or agency of any State, acting within the scope of its jurisdiction; and (V) a foreign regulatory authority. (ii) Maintenance of information Each of the entities, agencies, or persons described in clause (i) shall maintain information described in that clause as confidential, in accordance with the requirements in subparagraph (A). (2) Rights retained Nothing in this section shall be deemed to diminish the rights, privileges, or remedies of any whistleblower under section 1057, any other Federal or State law, or under any collective bargaining agreement. (i) Rulemaking authority The Bureau shall have the authority to issue such rules and regulations as may be necessary or appropriate to implement the provisions of this section consistent with the purposes of this section. (j) Original information Information submitted to the Bureau by a whistleblower in accordance with rules or regulations implementing this section shall not lose its status as original information solely because the whistleblower submitted such information prior to the effective date of such rules or regulations, provided such information was submitted after the date of enactment of this section. (k) Provision of false information A whistleblower who knowingly and willfully makes any false, fictitious, or fraudulent statement or representation, or who makes or uses any false writing or document knowing the same to contain any false, fictitious, or fraudulent statement or entry, shall not be entitled to an award under this section and shall be subject to prosecution under section 1001 of title 18, United States Code. (l) Unenforceability of certain agreements (1) No waiver of rights and remedies Except as provided under paragraph (3), and notwithstanding any other provision of law, the rights and remedies provided for in this section may not be waived by any agreement, policy, form, or condition of employment, including by any predispute arbitration agreement. (2) No predispute arbitration agreements Except as provided under paragraph (3), and notwithstanding any other provision of law, no predispute arbitration agreement shall be valid or enforceable to the extent that the agreement requires arbitration of a dispute arising under this section. (3) Exception Notwithstanding paragraphs (1) and (2), an arbitration provision in a collective bargaining agreement shall be enforceable as to disputes arising under subsection (a)(4), unless the Bureau determines, by rule, that such provision is inconsistent with the purposes of this title.. (b) Consumer Financial Civil Penalty Fund Section 1017(d)(2) of the Consumer Financial Protection Act of 2010 ( 12 U.S.C. 5497(d)(2) ) is amended, in the first sentence, by inserting and for awards authorized under section 1017A before the period at the end. 1017A. Whistleblower incentives and protection (a) Definitions In this section: (1) Administrative proceeding or court action The term administrative proceeding or court action means any judicial or administrative action brought by the Bureau that results in monetary sanctions exceeding $1,000,000. (2) Fund The term Fund means the Consumer Financial Civil Penalty Fund established under section 1017(d)(1). (3) Monetary sanctions The term monetary sanctions means, with respect to any administrative proceeding or court action, any monies, including penalties, disgorgement, restitution, interest, ordered to be paid or other amounts of relief obtained under section 1055(a)(2). (4) Original information The term original information means information that— (A) is derived from the independent knowledge or analysis of a whistleblower; (B) is not known to the Bureau from any other source, unless the whistleblower is the original source of the information; (C) is not exclusively derived from an allegation made in a judicial or administrative hearing, in a governmental report, hearing, or from the news media, unless the whistleblower is a source of the information; and (D) is not exclusively derived from an allegation made in an audit, examination, or investigation. (5) Successful enforcement The term successful enforcement includes, with respect to any administrative proceeding or court action brought by the Bureau, any settlement of such proceeding or action. (6) Whistleblower The term whistleblower means any individual who provides, or 2 or more individuals acting jointly who provide, original information relating to a violation of Federal consumer financial law, consistent with any rule or regulation issued by the Bureau under this section. (b) Awards (1) In general In any administrative proceeding or court action the Bureau, subject to regulations prescribed by the Bureau and subject to subsection (c), shall pay an award or awards to 1 or more whistleblowers who voluntarily provided original information that led to the successful enforcement of the covered administrative proceeding or court action in an aggregate amount equal to— (A) not less than 10 percent, in total, of the civil money penalties collected by the Bureau in the action; and (B) not more than 30 percent, in total, of the civil money penalties collected by the Bureau in the action. (2) Payment of awards Any amount paid under paragraph (1) shall be paid from the Fund. (3) Award minimum If the Bureau collects less than $1,000,000 in civil money penalties in the action, the Bureau shall provide for an award to any single whistleblower equal to the greater of— (A) 10 percent of the civil money penalties collected; or (B) $50,000. (c) Determination of amount of award; denial of award (1) Determination of amount of award (A) Discretion The determination of the percentage amount of an award made under subsection (b) shall be in the discretion of the Bureau. (B) Criteria In determining the percentage amount of an award made under subsection (b), the Bureau shall take into consideration— (i) the significance of the information provided by the whistleblower to the successful enforcement of the administrative proceeding or court action; (ii) the degree of assistance provided by the whistleblower and any legal representative of the whistleblower in an administrative proceeding or court action; (iii) the programmatic interest of the Bureau in deterring violations of Federal consumer financial law (including applicable regulations) by making awards to whistleblowers who provide information that leads to the successful enforcement of such laws; and (iv) such additional relevant factors as the Bureau may establish by rule or regulation, including the amount available in the Fund. (2) Denial of award No award under subsection (b) shall be made— (A) to any whistleblower who is, or was at the time the whistleblower acquired the original information submitted to the Bureau, a member, officer, or employee of an entity described in subclauses (I) through (V) of subsection (h)(1)(C)(i); (B) to any whistleblower who is convicted of a criminal violation related to the administrative proceeding or court action for which the whistleblower otherwise could receive an award under this section; (C) to any whistleblower who is found to be liable for the conduct in the administrative proceeding or court action, or a related action, for which the whistleblower otherwise could receive an award under this section; (D) to any whistleblower who planned and initiated the conduct at issue in the administrative proceeding or court action for which the whistleblower otherwise could receive an award under this section; (E) to any whistleblower who submits information to the Bureau that is based on the facts underlying the administrative proceeding or court action previously submitted by another whistleblower; and (F) to any whistleblower who fails to submit information to the Bureau in such form as the Bureau may, by rule or regulation, require. (d) Representation (1) Permitted representation Any whistleblower who makes a claim for an award under subsection (b) may be represented by counsel. (2) Required representation (A) In general Any whistleblower who anonymously makes a claim for an award under subsection (b) shall be represented by counsel if the whistleblower submits the information upon which the claim is based. (B) Disclosure of identity Prior to the payment of an award, a whistleblower shall disclose the identity of the whistleblower and provide such other information as the Bureau may require, directly or through counsel of the whistleblower. (e) No contract necessary No contract or other agreement with the Bureau is necessary for any whistleblower to receive an award under subsection (b), unless otherwise required by the Bureau by rule or regulation. (f) Appeals (1) In general Any determination made under this section, including whether, to whom, or in what amount to make awards, shall be in the discretion of the Bureau. Any such determination, except the determination of the amount of an award if the award was made in accordance with subsection (b), may be appealed to the appropriate court of appeals of the United States not more than 30 days after the determination is issued by the Bureau. (2) Scope of review The court shall review the determination made by the Bureau in accordance with section 706 of title 5, United States Code. (g) Reports to Congress Not later than December 31 of each year, the Bureau shall transmit to the House Committee on Financial Services and the Senate Committee on Banking, Housing, and Urban Affairs a report on the Bureau’s whistleblower award program under this section, including a description of the number of awards granted and the types of cases in which awards were granted during the preceding fiscal year. (h) Protection of whistleblowers (1) Confidentiality (A) In general Except as provided in subparagraphs (B) and (C), the Bureau and any officer or employee of the Bureau, shall not disclose any information, including information provided by a whistleblower to the Bureau, which could reasonably be expected to reveal the identity of a whistleblower, except in accordance with the provisions of section 552a of title 5, United States Code, unless and until required to be disclosed to a defendant or respondent in connection with a public proceeding instituted by the Bureau or any entity described in subparagraph (C). For purposes of section 552 of title 5, United States Code, this paragraph shall be considered a statute described in subsection (b)(3)(B) of such section 552. (B) Effect Nothing in this paragraph is intended to limit the ability of the Attorney General to present such evidence to a grand jury or to share such evidence with potential witnesses or defendants in the course of an ongoing criminal investigation. (C) Availability to government agencies (i) In general Without the loss of its status as confidential in the hands of the Bureau, all information referred to in subparagraph (A) may, in the discretion of the Bureau, when determined by the Bureau to be necessary or appropriate, be made available to— (I) the Department of Justice; (II) an appropriate department or agency of the Federal Government, acting within the scope of its jurisdiction; (III) a State attorney general in connection with any criminal investigation; (IV) an appropriate department or agency of any State, acting within the scope of its jurisdiction; and (V) a foreign regulatory authority. (ii) Maintenance of information Each of the entities, agencies, or persons described in clause (i) shall maintain information described in that clause as confidential, in accordance with the requirements in subparagraph (A). (2) Rights retained Nothing in this section shall be deemed to diminish the rights, privileges, or remedies of any whistleblower under section 1057, any other Federal or State law, or under any collective bargaining agreement. (i) Rulemaking authority The Bureau shall have the authority to issue such rules and regulations as may be necessary or appropriate to implement the provisions of this section consistent with the purposes of this section. (j) Original information Information submitted to the Bureau by a whistleblower in accordance with rules or regulations implementing this section shall not lose its status as original information solely because the whistleblower submitted such information prior to the effective date of such rules or regulations, provided such information was submitted after the date of enactment of this section. (k) Provision of false information A whistleblower who knowingly and willfully makes any false, fictitious, or fraudulent statement or representation, or who makes or uses any false writing or document knowing the same to contain any false, fictitious, or fraudulent statement or entry, shall not be entitled to an award under this section and shall be subject to prosecution under section 1001 of title 18, United States Code. (l) Unenforceability of certain agreements (1) No waiver of rights and remedies Except as provided under paragraph (3), and notwithstanding any other provision of law, the rights and remedies provided for in this section may not be waived by any agreement, policy, form, or condition of employment, including by any predispute arbitration agreement. (2) No predispute arbitration agreements Except as provided under paragraph (3), and notwithstanding any other provision of law, no predispute arbitration agreement shall be valid or enforceable to the extent that the agreement requires arbitration of a dispute arising under this section. (3) Exception Notwithstanding paragraphs (1) and (2), an arbitration provision in a collective bargaining agreement shall be enforceable as to disputes arising under subsection (a)(4), unless the Bureau determines, by rule, that such provision is inconsistent with the purposes of this title.
22,685
[ "Financial Services Committee" ]
118hr7634ih
118
hr
7,634
ih
To require the Administrator of the Environmental Protection Agency to promulgate certain limitations with respect to pre-production plastic pellet pollution, and for other purposes.
[ { "text": "1. Short title \nThis Act may be cited as the Plastic Pellet Free Waters Act.", "id": "H428A2A69A61944BF9FB695BBDA189BCD", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Effluent limitations for wastewater, spills, and runoff from plastic polymer production facilities, plastic molding and forming facilities, and other point sources associated with the transport and packaging of plastic pellets or other pre-production plastic materials \nNot later than 60 days after the date of enactment of this Act, the Administrator of the Environmental Protection Agency (referred to in this section as the Administrator ) shall promulgate a final rule to ensure that— (1) the discharge of plastic pellets or other pre-production plastic materials (including discharge into wastewater and other runoff) from facilities regulated under part 414 or 463 of title 40, Code of Federal Regulations (as in effect on the date of enactment of this Act), is prohibited; (2) the discharge of plastic pellets or other pre-production plastic materials (including discharge into wastewater and other runoff) from a point source (as defined in section 502 of the Federal Water Pollution Control Act ( 33 U.S.C. 1362 )) that makes, uses, packages, or transports those plastic pellets and other pre-production plastic materials is prohibited; and (3) the requirements under paragraphs (1) and (2) are reflected in— (A) all wastewater, stormwater, and other permits issued by the Administrator and State-delegated programs under section 402 of the Federal Water Pollution Control Act ( 33 U.S.C. 1342 ) to facilities and other point sources (as defined in section 502 of that Act ( 33 U.S.C. 1362 )) that make, use, package, or transport plastic pellets or other pre-production plastic materials, as determined by the Administrator, in addition to other applicable limits and standards; and (B) all standards of performance promulgated under section 312(p) of the Federal Water Pollution Control Act ( 33 U.S.C. 1322(p) ) that are applicable to point sources (as defined in section 502 of that Act ( 33 U.S.C. 1362 )) that make, use, package, or transport plastic pellets or other pre-production plastic materials, as determined by the Administrator.", "id": "H0AE4C16D72084CAE8F7F461C7CF9D6FA", "header": "Effluent limitations for wastewater, spills, and runoff from plastic polymer production facilities, plastic molding and forming facilities, and other point sources associated with the transport and packaging of plastic pellets or other pre-production plastic materials", "nested": [], "links": [ { "text": "33 U.S.C. 1362", "legal-doc": "usc", "parsable-cite": "usc/33/1362" }, { "text": "33 U.S.C. 1342", "legal-doc": "usc", "parsable-cite": "usc/33/1342" }, { "text": "33 U.S.C. 1362", "legal-doc": "usc", "parsable-cite": "usc/33/1362" }, { "text": "33 U.S.C. 1322(p)", "legal-doc": "usc", "parsable-cite": "usc/33/1322" }, { "text": "33 U.S.C. 1362", "legal-doc": "usc", "parsable-cite": "usc/33/1362" } ] } ]
2
1. Short title This Act may be cited as the Plastic Pellet Free Waters Act. 2. Effluent limitations for wastewater, spills, and runoff from plastic polymer production facilities, plastic molding and forming facilities, and other point sources associated with the transport and packaging of plastic pellets or other pre-production plastic materials Not later than 60 days after the date of enactment of this Act, the Administrator of the Environmental Protection Agency (referred to in this section as the Administrator ) shall promulgate a final rule to ensure that— (1) the discharge of plastic pellets or other pre-production plastic materials (including discharge into wastewater and other runoff) from facilities regulated under part 414 or 463 of title 40, Code of Federal Regulations (as in effect on the date of enactment of this Act), is prohibited; (2) the discharge of plastic pellets or other pre-production plastic materials (including discharge into wastewater and other runoff) from a point source (as defined in section 502 of the Federal Water Pollution Control Act ( 33 U.S.C. 1362 )) that makes, uses, packages, or transports those plastic pellets and other pre-production plastic materials is prohibited; and (3) the requirements under paragraphs (1) and (2) are reflected in— (A) all wastewater, stormwater, and other permits issued by the Administrator and State-delegated programs under section 402 of the Federal Water Pollution Control Act ( 33 U.S.C. 1342 ) to facilities and other point sources (as defined in section 502 of that Act ( 33 U.S.C. 1362 )) that make, use, package, or transport plastic pellets or other pre-production plastic materials, as determined by the Administrator, in addition to other applicable limits and standards; and (B) all standards of performance promulgated under section 312(p) of the Federal Water Pollution Control Act ( 33 U.S.C. 1322(p) ) that are applicable to point sources (as defined in section 502 of that Act ( 33 U.S.C. 1362 )) that make, use, package, or transport plastic pellets or other pre-production plastic materials, as determined by the Administrator.
2,132
[ "Transportation and Infrastructure Committee" ]
118hr3415eh
118
hr
3,415
eh
To direct the Secretary of the Interior to convey to the Midvale Irrigation District the Pilot Butte Power Plant in the State of Wyoming, and for other purposes.
[ { "text": "1. Short title \nThis Act may be cited as the Pilot Butte Power Plant Conveyance Act.", "id": "H8B6155B3A96D4ADFAB63179C29966EBB", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Definitions \nIn this Act: (1) Agreement \nThe term Agreement means the agreement entered into under section 3(a). (2) District \nThe term District means the Midvale Irrigation District located in Pavillion, Wyoming. (3) Power plant \nThe term Power Plant means the Pilot Butte Power Plant and other appurtenant facilities in the State of Wyoming authorized under the Act of March 2, 1917 (39 Stat. 969, chapter 146), transferred to the jurisdiction of the Bureau of Reclamation under the Act of June 5, 1920 (41 Stat. 874, chapter 235), and incorporated into the Riverton Unit of the Pick-Sloan Missouri Basin Program under Public Law 91–409 (84 Stat. 861), including the underlying land. (4) Secretary \nThe term Secretary means the Secretary of the Interior, acting through the Commissioner of Reclamation.", "id": "H469BDD0D277E41E5832A22161BDBECF5", "header": "Definitions", "nested": [], "links": [ { "text": "Public Law 91–409", "legal-doc": "public-law", "parsable-cite": "pl/91/409" } ] }, { "text": "3. Agreement, conveyance, and report \n(a) Agreement \nNot later than 2 years after the date of enactment of this Act, the Secretary shall enter into good faith negotiations with the District to enter into an agreement to determine the legal, institutional, and financial terms for the conveyance of the Power Plant from the Secretary to the District. (b) Conveyance \n(1) In general \nIn consideration for the District assuming from the United States all liability for the administration, operation, maintenance, and replacement of the Power Plant, the Secretary shall offer to convey and assign to the District all right, title, and interest of the United States in and to the Power Plant— (A) subject to valid leases, permits, rights-of-way, easements, and other existing rights; and (B) in accordance with— (i) the terms and conditions described in the Agreement; and (ii) this Act. (2) Status of land \nEffective on the date of the conveyance of the Power Plant to the District under paragraph (1), the Power Plant shall not be considered to be a part of a Federal reclamation project. (c) Report \nIf the conveyance authorized under subsection (b)(1) is not completed by the date that is 1 year after the date of enactment of this Act, the Secretary shall submit to the Committee on Energy and Natural Resources of the Senate and the Committee on Natural Resources of the House of Representatives a report that describes— (1) the status of the conveyance under that subsection; (2) any obstacles to completing the conveyance under that subsection; and (3) an anticipated date for the completion of the conveyance under that subsection.", "id": "H71520E92D52247738D68D1E798A25C26", "header": " Agreement, conveyance, and report", "nested": [ { "text": "(a) Agreement \nNot later than 2 years after the date of enactment of this Act, the Secretary shall enter into good faith negotiations with the District to enter into an agreement to determine the legal, institutional, and financial terms for the conveyance of the Power Plant from the Secretary to the District.", "id": "H83B2041C0D6B4F02A5EAE9E9F8C5FBA7", "header": "Agreement", "nested": [], "links": [] }, { "text": "(b) Conveyance \n(1) In general \nIn consideration for the District assuming from the United States all liability for the administration, operation, maintenance, and replacement of the Power Plant, the Secretary shall offer to convey and assign to the District all right, title, and interest of the United States in and to the Power Plant— (A) subject to valid leases, permits, rights-of-way, easements, and other existing rights; and (B) in accordance with— (i) the terms and conditions described in the Agreement; and (ii) this Act. (2) Status of land \nEffective on the date of the conveyance of the Power Plant to the District under paragraph (1), the Power Plant shall not be considered to be a part of a Federal reclamation project.", "id": "HA785A14F27DF4CF48C9F2A40C7EEDD93", "header": "Conveyance", "nested": [], "links": [] }, { "text": "(c) Report \nIf the conveyance authorized under subsection (b)(1) is not completed by the date that is 1 year after the date of enactment of this Act, the Secretary shall submit to the Committee on Energy and Natural Resources of the Senate and the Committee on Natural Resources of the House of Representatives a report that describes— (1) the status of the conveyance under that subsection; (2) any obstacles to completing the conveyance under that subsection; and (3) an anticipated date for the completion of the conveyance under that subsection.", "id": "HF0B29BEBC26E4C39A9E29E92D50F5E54", "header": "Report", "nested": [], "links": [] } ], "links": [] }, { "text": "4. Liability \n(a) Damages \nExcept as otherwise provided by law and for damages caused by acts of negligence committed by the United States or by employees or agents of the United States, effective on the date of the conveyance of the Power Plant to the District under section 3(b)(1), the United States shall not be held liable by any court for damages of any kind arising out of any act, omission, or occurrence relating to the Power Plant. (b) Torts Claims \nNothing in this section increases the liability of the United States beyond that provided in chapter 171 of title 28, United States Code (commonly known as the Federal Tort Claims Act ).", "id": "H4233558A74744A5ABC47D21F895CD978", "header": "Liability", "nested": [ { "text": "(a) Damages \nExcept as otherwise provided by law and for damages caused by acts of negligence committed by the United States or by employees or agents of the United States, effective on the date of the conveyance of the Power Plant to the District under section 3(b)(1), the United States shall not be held liable by any court for damages of any kind arising out of any act, omission, or occurrence relating to the Power Plant.", "id": "H94726B29C01B4744810C7065ED5BEDD6", "header": "Damages", "nested": [], "links": [] }, { "text": "(b) Torts Claims \nNothing in this section increases the liability of the United States beyond that provided in chapter 171 of title 28, United States Code (commonly known as the Federal Tort Claims Act ).", "id": "HE07ED5143D054718B54214538DF2BBBD", "header": "Torts Claims", "nested": [], "links": [ { "text": "chapter 171", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/28/171" } ] } ], "links": [ { "text": "chapter 171", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/28/171" } ] }, { "text": "5. Compliance with other laws \n(a) Compliance with Environmental and Historic Preservation Laws \nBefore making the conveyance authorized under section 3(b)(1), the Secretary shall complete all actions required under— (1) the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ); (2) the Endangered Species Act of 1973 ( 16 U.S.C. 1531 et seq. ); (3) subtitle III of title 54, United States Code; and (4) any other applicable laws. (b) Compliance by the District \nEffective on the date of the conveyance of the Power Plant to the District under section 3(b)(1), the District shall comply with all applicable Federal, State, and local laws (including regulations) with respect to the operation of the Power Plant.", "id": "H9B90FD0CE672450BBC6828E856FD04B8", "header": "Compliance with other laws", "nested": [ { "text": "(a) Compliance with Environmental and Historic Preservation Laws \nBefore making the conveyance authorized under section 3(b)(1), the Secretary shall complete all actions required under— (1) the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ); (2) the Endangered Species Act of 1973 ( 16 U.S.C. 1531 et seq. ); (3) subtitle III of title 54, United States Code; and (4) any other applicable laws.", "id": "H15B6EAC53C484725BEB2431792AEEB8C", "header": "Compliance with Environmental and Historic Preservation Laws", "nested": [], "links": [ { "text": "42 U.S.C. 4321 et seq.", "legal-doc": "usc", "parsable-cite": "usc/42/4321" }, { "text": "16 U.S.C. 1531 et seq.", "legal-doc": "usc", "parsable-cite": "usc/16/1531" } ] }, { "text": "(b) Compliance by the District \nEffective on the date of the conveyance of the Power Plant to the District under section 3(b)(1), the District shall comply with all applicable Federal, State, and local laws (including regulations) with respect to the operation of the Power Plant.", "id": "H43E3D5AF784F4C3892CACD9EB48892AB", "header": "Compliance by the District", "nested": [], "links": [] } ], "links": [ { "text": "42 U.S.C. 4321 et seq.", "legal-doc": "usc", "parsable-cite": "usc/42/4321" }, { "text": "16 U.S.C. 1531 et seq.", "legal-doc": "usc", "parsable-cite": "usc/16/1531" } ] }, { "text": "6. Payment of costs \n(a) Administrative Costs \nAdministrative costs for the conveyance of the Power Plant to the District under section 3(b)(1) shall be paid in equal shares by the Secretary and the District. (b) Real Estate Transfer Costs \nThe costs of all boundary surveys, title searches, cadastral surveys, appraisals, and other real estate transactions required for the conveyance of the Power Plant to the District under section 3(b)(1) shall be paid in equal shares by the Secretary and the District. (c) Costs of Compliance with Other Laws \nThe costs associated with any review required under the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ), the Endangered Species Act of 1973 ( 16 U.S.C. 1531 et seq. ), subtitle III of title 54, United States Code, or any other applicable laws for conveyance of the Power Plant to the District under section 3(b)(1) shall be paid in equal shares by the Secretary and the District.", "id": "H4B3BEE5F862B4236BBBE0C74608555A3", "header": "Payment of costs", "nested": [ { "text": "(a) Administrative Costs \nAdministrative costs for the conveyance of the Power Plant to the District under section 3(b)(1) shall be paid in equal shares by the Secretary and the District.", "id": "H912090AD743F4AC393EDD0A083035227", "header": "Administrative Costs", "nested": [], "links": [] }, { "text": "(b) Real Estate Transfer Costs \nThe costs of all boundary surveys, title searches, cadastral surveys, appraisals, and other real estate transactions required for the conveyance of the Power Plant to the District under section 3(b)(1) shall be paid in equal shares by the Secretary and the District.", "id": "H972517A0588B49239C60FBFC8F2A10CA", "header": "Real Estate Transfer Costs", "nested": [], "links": [] }, { "text": "(c) Costs of Compliance with Other Laws \nThe costs associated with any review required under the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ), the Endangered Species Act of 1973 ( 16 U.S.C. 1531 et seq. ), subtitle III of title 54, United States Code, or any other applicable laws for conveyance of the Power Plant to the District under section 3(b)(1) shall be paid in equal shares by the Secretary and the District.", "id": "HAF42F9B64752498884BE830BB14A8D6A", "header": "Costs of Compliance with Other Laws", "nested": [], "links": [ { "text": "42 U.S.C. 4321 et seq.", "legal-doc": "usc", "parsable-cite": "usc/42/4321" }, { "text": "16 U.S.C. 1531 et seq.", "legal-doc": "usc", "parsable-cite": "usc/16/1531" } ] } ], "links": [ { "text": "42 U.S.C. 4321 et seq.", "legal-doc": "usc", "parsable-cite": "usc/42/4321" }, { "text": "16 U.S.C. 1531 et seq.", "legal-doc": "usc", "parsable-cite": "usc/16/1531" } ] } ]
6
1. Short title This Act may be cited as the Pilot Butte Power Plant Conveyance Act. 2. Definitions In this Act: (1) Agreement The term Agreement means the agreement entered into under section 3(a). (2) District The term District means the Midvale Irrigation District located in Pavillion, Wyoming. (3) Power plant The term Power Plant means the Pilot Butte Power Plant and other appurtenant facilities in the State of Wyoming authorized under the Act of March 2, 1917 (39 Stat. 969, chapter 146), transferred to the jurisdiction of the Bureau of Reclamation under the Act of June 5, 1920 (41 Stat. 874, chapter 235), and incorporated into the Riverton Unit of the Pick-Sloan Missouri Basin Program under Public Law 91–409 (84 Stat. 861), including the underlying land. (4) Secretary The term Secretary means the Secretary of the Interior, acting through the Commissioner of Reclamation. 3. Agreement, conveyance, and report (a) Agreement Not later than 2 years after the date of enactment of this Act, the Secretary shall enter into good faith negotiations with the District to enter into an agreement to determine the legal, institutional, and financial terms for the conveyance of the Power Plant from the Secretary to the District. (b) Conveyance (1) In general In consideration for the District assuming from the United States all liability for the administration, operation, maintenance, and replacement of the Power Plant, the Secretary shall offer to convey and assign to the District all right, title, and interest of the United States in and to the Power Plant— (A) subject to valid leases, permits, rights-of-way, easements, and other existing rights; and (B) in accordance with— (i) the terms and conditions described in the Agreement; and (ii) this Act. (2) Status of land Effective on the date of the conveyance of the Power Plant to the District under paragraph (1), the Power Plant shall not be considered to be a part of a Federal reclamation project. (c) Report If the conveyance authorized under subsection (b)(1) is not completed by the date that is 1 year after the date of enactment of this Act, the Secretary shall submit to the Committee on Energy and Natural Resources of the Senate and the Committee on Natural Resources of the House of Representatives a report that describes— (1) the status of the conveyance under that subsection; (2) any obstacles to completing the conveyance under that subsection; and (3) an anticipated date for the completion of the conveyance under that subsection. 4. Liability (a) Damages Except as otherwise provided by law and for damages caused by acts of negligence committed by the United States or by employees or agents of the United States, effective on the date of the conveyance of the Power Plant to the District under section 3(b)(1), the United States shall not be held liable by any court for damages of any kind arising out of any act, omission, or occurrence relating to the Power Plant. (b) Torts Claims Nothing in this section increases the liability of the United States beyond that provided in chapter 171 of title 28, United States Code (commonly known as the Federal Tort Claims Act ). 5. Compliance with other laws (a) Compliance with Environmental and Historic Preservation Laws Before making the conveyance authorized under section 3(b)(1), the Secretary shall complete all actions required under— (1) the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ); (2) the Endangered Species Act of 1973 ( 16 U.S.C. 1531 et seq. ); (3) subtitle III of title 54, United States Code; and (4) any other applicable laws. (b) Compliance by the District Effective on the date of the conveyance of the Power Plant to the District under section 3(b)(1), the District shall comply with all applicable Federal, State, and local laws (including regulations) with respect to the operation of the Power Plant. 6. Payment of costs (a) Administrative Costs Administrative costs for the conveyance of the Power Plant to the District under section 3(b)(1) shall be paid in equal shares by the Secretary and the District. (b) Real Estate Transfer Costs The costs of all boundary surveys, title searches, cadastral surveys, appraisals, and other real estate transactions required for the conveyance of the Power Plant to the District under section 3(b)(1) shall be paid in equal shares by the Secretary and the District. (c) Costs of Compliance with Other Laws The costs associated with any review required under the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ), the Endangered Species Act of 1973 ( 16 U.S.C. 1531 et seq. ), subtitle III of title 54, United States Code, or any other applicable laws for conveyance of the Power Plant to the District under section 3(b)(1) shall be paid in equal shares by the Secretary and the District.
4,853
[ "Natural Resources Committee" ]
118hr3589ih
118
hr
3,589
ih
To require group health plans and group or individual health insurance coverage to provide coverage for over-the-counter contraceptives.
[ { "text": "1. Short title \nThis Act may be cited as the Affordability is Access Act of 2023.", "id": "H11F4F9198F3E4CF885DA90E543BCF23B", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Purpose \nThe purpose of this Act is to ensure timely access to affordable birth control by requiring coverage without cost-sharing for contraceptives that are approved, granted, or cleared by, or otherwise legally marketed under regulation by, the Food and Drug Administration for use without a prescription.", "id": "HF548A2AB173F4285BB5087D0FF49AD6D", "header": "Purpose", "nested": [], "links": [] }, { "text": "3. Findings \nCongress finds the following: (1) Birth control is critical health care that almost all women, as well as many trans men and nonbinary people, will use at some point in their lifetimes. (2) Access to the full range of reproductive health care, including birth control coverage as guaranteed under Federal law, provides individuals with the opportunity to lead healthy lives and get the care they need to reach their goals. (3) Contraceptive access is associated with health benefits for women, newborns, families, and communities and can lower the risk of harm to maternal and infant health. (4) An estimated 73 million women of reproductive age (ages 15 through 49) live in the United States. Among the 46 million of such women who are sexually active and not seeking children, 89 percent use a form of birth control. (5) The birth control benefit enacted under the Patient Protection and Affordable Care Act ( Public Law 111–148 ) has been a crucial step forward in advancing access to birth control and has helped ensure 58 million women have the power to decide for themselves if and when to become pregnant. (6) Despite legal requirements for birth control coverage and access to services, gaps remain for millions of individuals. Nearly 1 in 5 women are not using their preferred method of contraception, and of those women, a quarter say it is because of cost. As a result, many women have gone without the birth control they want to use, also creating inconsistent use. Access to birth control is particularly difficult for the 19 million women of reproductive age with lower incomes who live in contraceptive deserts and lack reasonable access to a health center that offers the full range of contraceptive methods. (7) Due to systemic discrimination, people paid low wages, people of color, LGBTQ+ individuals, immigrants, and people with disabilities are more likely to face barriers to, and lack access to, health coverage and health care providers. (8) There are numerous social and economic factors that make it harder to access birth control, including rising income and wealth inequality, gaps in insurance coverage, and barriers to accessing health providers. (9) Leading health experts support over-the-counter birth control pills.", "id": "H5FCF9A9790D1400EBA37B47877C309EC", "header": "Findings", "nested": [], "links": [ { "text": "Public Law 111–148", "legal-doc": "public-law", "parsable-cite": "pl/111/148" } ] }, { "text": "4. Sense of Congress \nIt is the sense of Congress that— (1) in order to increase access to oral birth control, such birth control must be both easier to obtain and affordable and, to make such birth control either easier to obtain or more affordable, but not both, is to leave unacceptable barriers in place; (2) it is imperative that the entities that research and develop oral birth control and whose medical and scientific experts have developed clinical and other evidence that oral birth control for routine, daily use is safe and effective when sold without a prescription, apply to the Food and Drug Administration for review and approval for sale of such birth control without a prescription; (3) upon the receipt of such an application, the Food and Drug Administration should determine whether the oral birth control meets the rigorous safety, efficacy, and quality standards for over-the-counter use under the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 301 et seq. ), and if the product meets those standards, the Food and Drug Administration should approve the application without delay; and (4) if and when the Food and Drug Administration approves an oral birth control that is available over-the-counter, such birth control should be covered by health insurance, without a prescription and without cost-sharing.", "id": "H59E7F169E4D44D1C88666B60C0C7C253", "header": "Sense of Congress", "nested": [], "links": [ { "text": "21 U.S.C. 301 et seq.", "legal-doc": "usc", "parsable-cite": "usc/21/301" } ] }, { "text": "5. Clarifying coverage requirements \nThe Secretaries of Health and Human Services, Labor, and the Treasury shall clarify that coverage of contraceptives pursuant to section 2713(a)(4) of the Public Health Service Act ( 42 U.S.C. 300gg–13(a)(4) ) includes coverage of over-the-counter contraceptives approved, granted authorization for emergency use, or cleared by the Food and Drug Administration, even if the enrollee does not have a prescription for the contraceptive.", "id": "H0243F37F7788442BBB5F37EC248D0A95", "header": "Clarifying coverage requirements", "nested": [], "links": [ { "text": "42 U.S.C. 300gg–13(a)(4)", "legal-doc": "usc", "parsable-cite": "usc/42/300gg-13" } ] }, { "text": "6. Rules of construction \n(a) Non-Interference with FDA regulation \nNothing in this Act shall be construed to modify or interfere with Food and Drug Administration processes to review, approve, clear, or authorize for emergency use, or otherwise determine the safety and efficacy of, and make available, non-prescription drugs or devices, modify or interfere with the scientific and medical considerations of the Food and Drug Administration, or alter any other authority of the Food and Drug Administration. (b) Non-Preemption \nNothing in this Act preempts any provision of Federal or State law to the extent that such Federal or State law provides protections for consumers that are greater than the protections provided for in this Act.", "id": "H252B240F0D7043188BF8C1A6408CB7B0", "header": "Rules of construction", "nested": [ { "text": "(a) Non-Interference with FDA regulation \nNothing in this Act shall be construed to modify or interfere with Food and Drug Administration processes to review, approve, clear, or authorize for emergency use, or otherwise determine the safety and efficacy of, and make available, non-prescription drugs or devices, modify or interfere with the scientific and medical considerations of the Food and Drug Administration, or alter any other authority of the Food and Drug Administration.", "id": "H76B7586C09B543AF8C3B3BFE37496532", "header": "Non-Interference with FDA regulation", "nested": [], "links": [] }, { "text": "(b) Non-Preemption \nNothing in this Act preempts any provision of Federal or State law to the extent that such Federal or State law provides protections for consumers that are greater than the protections provided for in this Act.", "id": "H7A8147C3595543BB8D44BE3D2C48FBD6", "header": "Non-Preemption", "nested": [], "links": [] } ], "links": [] }, { "text": "7. Duties of retailers to ensure access to contraception for use without a prescription \n(a) In general \nAny retailer that stocks contraception that is approved, granted authorization for emergency use, or cleared by, or otherwise legally marketed under regulation by, the Food and Drug Administration for use without a prescription may not interfere with an individual's access to or purchase of such contraception or access to medically accurate, comprehensive information about such contraception. (b) Limitation \nNothing in this section shall prohibit a retailer that stocks over-the-counter contraceptive products from refusing to provide an individual with such contraceptive product that is approved, granted, or cleared by, or otherwise legally marketed under regulation by, the Food and Drug Administration if the individual is unable to pay for the contraceptive product, directly, through insurance coverage, or through other payment mechanism.", "id": "H3D5A6EE7FB294B8491E5437B607ACF18", "header": "Duties of retailers to ensure access to contraception for use without a prescription", "nested": [ { "text": "(a) In general \nAny retailer that stocks contraception that is approved, granted authorization for emergency use, or cleared by, or otherwise legally marketed under regulation by, the Food and Drug Administration for use without a prescription may not interfere with an individual's access to or purchase of such contraception or access to medically accurate, comprehensive information about such contraception.", "id": "HA9A6328F6C354D62A89F9A91B97A7AFE", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Limitation \nNothing in this section shall prohibit a retailer that stocks over-the-counter contraceptive products from refusing to provide an individual with such contraceptive product that is approved, granted, or cleared by, or otherwise legally marketed under regulation by, the Food and Drug Administration if the individual is unable to pay for the contraceptive product, directly, through insurance coverage, or through other payment mechanism.", "id": "HE51F1642D76E4A7F976B6FC01A448BF2", "header": "Limitation", "nested": [], "links": [] } ], "links": [] } ]
7
1. Short title This Act may be cited as the Affordability is Access Act of 2023. 2. Purpose The purpose of this Act is to ensure timely access to affordable birth control by requiring coverage without cost-sharing for contraceptives that are approved, granted, or cleared by, or otherwise legally marketed under regulation by, the Food and Drug Administration for use without a prescription. 3. Findings Congress finds the following: (1) Birth control is critical health care that almost all women, as well as many trans men and nonbinary people, will use at some point in their lifetimes. (2) Access to the full range of reproductive health care, including birth control coverage as guaranteed under Federal law, provides individuals with the opportunity to lead healthy lives and get the care they need to reach their goals. (3) Contraceptive access is associated with health benefits for women, newborns, families, and communities and can lower the risk of harm to maternal and infant health. (4) An estimated 73 million women of reproductive age (ages 15 through 49) live in the United States. Among the 46 million of such women who are sexually active and not seeking children, 89 percent use a form of birth control. (5) The birth control benefit enacted under the Patient Protection and Affordable Care Act ( Public Law 111–148 ) has been a crucial step forward in advancing access to birth control and has helped ensure 58 million women have the power to decide for themselves if and when to become pregnant. (6) Despite legal requirements for birth control coverage and access to services, gaps remain for millions of individuals. Nearly 1 in 5 women are not using their preferred method of contraception, and of those women, a quarter say it is because of cost. As a result, many women have gone without the birth control they want to use, also creating inconsistent use. Access to birth control is particularly difficult for the 19 million women of reproductive age with lower incomes who live in contraceptive deserts and lack reasonable access to a health center that offers the full range of contraceptive methods. (7) Due to systemic discrimination, people paid low wages, people of color, LGBTQ+ individuals, immigrants, and people with disabilities are more likely to face barriers to, and lack access to, health coverage and health care providers. (8) There are numerous social and economic factors that make it harder to access birth control, including rising income and wealth inequality, gaps in insurance coverage, and barriers to accessing health providers. (9) Leading health experts support over-the-counter birth control pills. 4. Sense of Congress It is the sense of Congress that— (1) in order to increase access to oral birth control, such birth control must be both easier to obtain and affordable and, to make such birth control either easier to obtain or more affordable, but not both, is to leave unacceptable barriers in place; (2) it is imperative that the entities that research and develop oral birth control and whose medical and scientific experts have developed clinical and other evidence that oral birth control for routine, daily use is safe and effective when sold without a prescription, apply to the Food and Drug Administration for review and approval for sale of such birth control without a prescription; (3) upon the receipt of such an application, the Food and Drug Administration should determine whether the oral birth control meets the rigorous safety, efficacy, and quality standards for over-the-counter use under the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 301 et seq. ), and if the product meets those standards, the Food and Drug Administration should approve the application without delay; and (4) if and when the Food and Drug Administration approves an oral birth control that is available over-the-counter, such birth control should be covered by health insurance, without a prescription and without cost-sharing. 5. Clarifying coverage requirements The Secretaries of Health and Human Services, Labor, and the Treasury shall clarify that coverage of contraceptives pursuant to section 2713(a)(4) of the Public Health Service Act ( 42 U.S.C. 300gg–13(a)(4) ) includes coverage of over-the-counter contraceptives approved, granted authorization for emergency use, or cleared by the Food and Drug Administration, even if the enrollee does not have a prescription for the contraceptive. 6. Rules of construction (a) Non-Interference with FDA regulation Nothing in this Act shall be construed to modify or interfere with Food and Drug Administration processes to review, approve, clear, or authorize for emergency use, or otherwise determine the safety and efficacy of, and make available, non-prescription drugs or devices, modify or interfere with the scientific and medical considerations of the Food and Drug Administration, or alter any other authority of the Food and Drug Administration. (b) Non-Preemption Nothing in this Act preempts any provision of Federal or State law to the extent that such Federal or State law provides protections for consumers that are greater than the protections provided for in this Act. 7. Duties of retailers to ensure access to contraception for use without a prescription (a) In general Any retailer that stocks contraception that is approved, granted authorization for emergency use, or cleared by, or otherwise legally marketed under regulation by, the Food and Drug Administration for use without a prescription may not interfere with an individual's access to or purchase of such contraception or access to medically accurate, comprehensive information about such contraception. (b) Limitation Nothing in this section shall prohibit a retailer that stocks over-the-counter contraceptive products from refusing to provide an individual with such contraceptive product that is approved, granted, or cleared by, or otherwise legally marketed under regulation by, the Food and Drug Administration if the individual is unable to pay for the contraceptive product, directly, through insurance coverage, or through other payment mechanism.
6,156
[ "Energy and Commerce Committee", "Ways and Means Committee", "Education and the Workforce Committee" ]
118hr2154ih
118
hr
2,154
ih
To provide for a limitation on availability of funds for U.S. Department of Interior, Bureau of Land Management, Oregon and CA Grant Lands for fiscal year 2024.
[ { "text": "1. Limitation on availability of funds for U.S. Department of Interior, Bureau of Land Management, Oregon and CA Grant Lands for fiscal year 2024 \nNotwithstanding any other provision of the law, amounts authorized to be appropriated or otherwise available for U.S. Department of Interior, Bureau of Land Management, Oregon and California Grant Lands for fiscal year 2024 may not exceed $106,985,000.", "id": "H32F891CC025143BF93B1DAF361977921", "header": "Limitation on availability of funds for U.S. Department of Interior, Bureau of Land Management, Oregon and CA Grant Lands for fiscal year 2024", "nested": [], "links": [] } ]
1
1. Limitation on availability of funds for U.S. Department of Interior, Bureau of Land Management, Oregon and CA Grant Lands for fiscal year 2024 Notwithstanding any other provision of the law, amounts authorized to be appropriated or otherwise available for U.S. Department of Interior, Bureau of Land Management, Oregon and California Grant Lands for fiscal year 2024 may not exceed $106,985,000.
399
[ "Natural Resources Committee" ]
118hr7639ih
118
hr
7,639
ih
To establish a National Advisory Council on Unpaid School Meal Debt in Child Nutrition Programs, and for other purposes.
[ { "text": "1. Short title \nThis Act may be cited as the National Advisory Council on Unpaid School Meal Debt Act.", "id": "H4E9D436F180946F6814FC3915B434618", "header": "Short title", "nested": [], "links": [] }, { "text": "2. National advisory council on unpaid school meal debt in child nutrition programs \n(a) Establishment \nThere is established a National Advisory Council on Unpaid School Meal Debt in Child Nutrition Programs (in this section referred to as the Council ). (b) Duties \nThe Council shall provide recommendations, in accordance with subsection (g), to the Administrator of the Food and Nutrition Service with respect to addressing unpaid school meal fees by ensuring that— (1) students are not stigmatized; and (2) school food authorities can maintain fiscal solvency in order to ensure the long-term viability of school meal programs. (c) Membership \n(1) Number and appointment \nThe Council shall be composed of 14 members appointed by the Secretary as follows: (A) 2 members shall be school nutrition State agency directors who are employed in different States; (B) 2 members shall be school food service directors of a school meal program in an urban area who are employed in different States; (C) 2 members shall be school food service directors of a school meal program in a rural area who are employed in different States; (D) 2 members shall be officials of the Food and Nutrition Service office of the Department of Agriculture; (E) 2 members shall be parents or guardians (who are not related to one another or to the same child) of children who are eligible for free and reduced price school meals; (F) 2 members shall represent organizations with expertise in the school meal programs; and (G) 2 members shall be food service professionals who— (i) work in school cafeterias; and (ii) maintain daily contact with students, including by preparing or serving meals or working at registers. (2) Terms \n(A) In general \nEach member shall be appointed for the life of the Council. (B) Vacancies \nAny member appointed to fill a vacancy occurring before the expiration of the life of the Council shall be appointed for the remainder of the life of the Council. (d) Compensation \n(1) In general \nMembers shall serve without pay. (2) Travel expenses \nEach member shall receive travel expenses, including per diem in lieu of subsistence, in accordance with applicable provisions under subchapter I of chapter 57 of title 5, United States Code. (3) Parents or guardians \nIn the case of a member who is a parent or guardian appointed under subsection (c)(1)(E), such member, in addition to reimbursement under paragraph (2), shall, at the discretion of the Secretary, be compensated in advance for other personal expenses related to participation on the Council, including child care expenses and lost wages during scheduled Council meetings. (4) Authorization of appropriations \nThere are authorized to be appropriated to carry out this subsection $1,500,000, to remain available through the date described in subsection (h). (e) Chairperson; vice chairperson \n(1) Eligibility \nTo be eligible for election to Chairperson or Vice Chairperson of the Council, an individual must be a member of the Council described in subsection (c)(1). (2) Election \nThe Chairperson and Vice Chairperson of the Council shall be elected by such members. (f) Meetings \n(1) In general \nThe Council shall meet not fewer than 2 times per year at the call of the Chairperson. (2) Quorum \n5 members of the Council shall constitute a quorum. (g) Report \n(1) In general \nNot later than 3 years after the establishment of the Council under subsection (a), the Council shall submit to the Administrator of the Food and Nutrition Service a report containing the recommendations described in subsection (b). (2) Guidance \nNot later than 1 year after the submission of the report under paragraph (1), the Secretary, acting through the Administrator of the Food and Nutrition Service, shall use the recommendations contained in such report to issue guidance with respect to addressing unpaid school meal fees. (h) Termination \nThe Council shall terminate on the date that is 1 day after the submission of the report required under subsection (g). (i) Technical assistance \nThe Secretary shall provide the Council with such technical and other assistance, including secretarial and clerical assistance, as may be required to carry out its functions. (j) Unpaid school meal fees defined \nIn this section, the term unpaid school meal fees means outstanding fees owed by a household to a local educational agency for lunches under this Act or breakfasts under section 4 of the Child Nutrition Act of 1966 ( 42 U.S.C. 1773 ).", "id": "H33E63A6B2F5E44D7BDE193CFEA494F87", "header": "National advisory council on unpaid school meal debt in child nutrition programs", "nested": [ { "text": "(a) Establishment \nThere is established a National Advisory Council on Unpaid School Meal Debt in Child Nutrition Programs (in this section referred to as the Council ).", "id": "HDE77B92BCA7B4F13B4B91B4F8F6E3468", "header": "Establishment", "nested": [], "links": [] }, { "text": "(b) Duties \nThe Council shall provide recommendations, in accordance with subsection (g), to the Administrator of the Food and Nutrition Service with respect to addressing unpaid school meal fees by ensuring that— (1) students are not stigmatized; and (2) school food authorities can maintain fiscal solvency in order to ensure the long-term viability of school meal programs.", "id": "HDFC57365FA484647A0C9BE9D30130432", "header": "Duties", "nested": [], "links": [] }, { "text": "(c) Membership \n(1) Number and appointment \nThe Council shall be composed of 14 members appointed by the Secretary as follows: (A) 2 members shall be school nutrition State agency directors who are employed in different States; (B) 2 members shall be school food service directors of a school meal program in an urban area who are employed in different States; (C) 2 members shall be school food service directors of a school meal program in a rural area who are employed in different States; (D) 2 members shall be officials of the Food and Nutrition Service office of the Department of Agriculture; (E) 2 members shall be parents or guardians (who are not related to one another or to the same child) of children who are eligible for free and reduced price school meals; (F) 2 members shall represent organizations with expertise in the school meal programs; and (G) 2 members shall be food service professionals who— (i) work in school cafeterias; and (ii) maintain daily contact with students, including by preparing or serving meals or working at registers. (2) Terms \n(A) In general \nEach member shall be appointed for the life of the Council. (B) Vacancies \nAny member appointed to fill a vacancy occurring before the expiration of the life of the Council shall be appointed for the remainder of the life of the Council.", "id": "HE2476C7ECBF04F71BB5A174699AA9234", "header": "Membership", "nested": [], "links": [] }, { "text": "(d) Compensation \n(1) In general \nMembers shall serve without pay. (2) Travel expenses \nEach member shall receive travel expenses, including per diem in lieu of subsistence, in accordance with applicable provisions under subchapter I of chapter 57 of title 5, United States Code. (3) Parents or guardians \nIn the case of a member who is a parent or guardian appointed under subsection (c)(1)(E), such member, in addition to reimbursement under paragraph (2), shall, at the discretion of the Secretary, be compensated in advance for other personal expenses related to participation on the Council, including child care expenses and lost wages during scheduled Council meetings. (4) Authorization of appropriations \nThere are authorized to be appropriated to carry out this subsection $1,500,000, to remain available through the date described in subsection (h).", "id": "H6AF777E94403492FACBDCDBE1FE1E157", "header": "Compensation", "nested": [], "links": [ { "text": "chapter 57", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/5/57" } ] }, { "text": "(e) Chairperson; vice chairperson \n(1) Eligibility \nTo be eligible for election to Chairperson or Vice Chairperson of the Council, an individual must be a member of the Council described in subsection (c)(1). (2) Election \nThe Chairperson and Vice Chairperson of the Council shall be elected by such members.", "id": "HA83F965A03D0420D8875A4DE04ACFF5D", "header": "Chairperson; vice chairperson", "nested": [], "links": [] }, { "text": "(f) Meetings \n(1) In general \nThe Council shall meet not fewer than 2 times per year at the call of the Chairperson. (2) Quorum \n5 members of the Council shall constitute a quorum.", "id": "H6D8C96EFBA3C4F289B6C4A90DBB9976E", "header": "Meetings", "nested": [], "links": [] }, { "text": "(g) Report \n(1) In general \nNot later than 3 years after the establishment of the Council under subsection (a), the Council shall submit to the Administrator of the Food and Nutrition Service a report containing the recommendations described in subsection (b). (2) Guidance \nNot later than 1 year after the submission of the report under paragraph (1), the Secretary, acting through the Administrator of the Food and Nutrition Service, shall use the recommendations contained in such report to issue guidance with respect to addressing unpaid school meal fees.", "id": "H4D9B14FE4C3847779A68212A965905CA", "header": "Report", "nested": [], "links": [] }, { "text": "(h) Termination \nThe Council shall terminate on the date that is 1 day after the submission of the report required under subsection (g).", "id": "H777CE0B0EB2343528EF1BC2D83304808", "header": "Termination", "nested": [], "links": [] }, { "text": "(i) Technical assistance \nThe Secretary shall provide the Council with such technical and other assistance, including secretarial and clerical assistance, as may be required to carry out its functions.", "id": "HF8CD21E30B0E4EB6B685F8E6FD45B885", "header": "Technical assistance", "nested": [], "links": [] }, { "text": "(j) Unpaid school meal fees defined \nIn this section, the term unpaid school meal fees means outstanding fees owed by a household to a local educational agency for lunches under this Act or breakfasts under section 4 of the Child Nutrition Act of 1966 ( 42 U.S.C. 1773 ).", "id": "H3D831A2AB56B44429073AEB20C32A339", "header": "Unpaid school meal fees defined", "nested": [], "links": [ { "text": "42 U.S.C. 1773", "legal-doc": "usc", "parsable-cite": "usc/42/1773" } ] } ], "links": [ { "text": "chapter 57", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/5/57" }, { "text": "42 U.S.C. 1773", "legal-doc": "usc", "parsable-cite": "usc/42/1773" } ] } ]
2
1. Short title This Act may be cited as the National Advisory Council on Unpaid School Meal Debt Act. 2. National advisory council on unpaid school meal debt in child nutrition programs (a) Establishment There is established a National Advisory Council on Unpaid School Meal Debt in Child Nutrition Programs (in this section referred to as the Council ). (b) Duties The Council shall provide recommendations, in accordance with subsection (g), to the Administrator of the Food and Nutrition Service with respect to addressing unpaid school meal fees by ensuring that— (1) students are not stigmatized; and (2) school food authorities can maintain fiscal solvency in order to ensure the long-term viability of school meal programs. (c) Membership (1) Number and appointment The Council shall be composed of 14 members appointed by the Secretary as follows: (A) 2 members shall be school nutrition State agency directors who are employed in different States; (B) 2 members shall be school food service directors of a school meal program in an urban area who are employed in different States; (C) 2 members shall be school food service directors of a school meal program in a rural area who are employed in different States; (D) 2 members shall be officials of the Food and Nutrition Service office of the Department of Agriculture; (E) 2 members shall be parents or guardians (who are not related to one another or to the same child) of children who are eligible for free and reduced price school meals; (F) 2 members shall represent organizations with expertise in the school meal programs; and (G) 2 members shall be food service professionals who— (i) work in school cafeterias; and (ii) maintain daily contact with students, including by preparing or serving meals or working at registers. (2) Terms (A) In general Each member shall be appointed for the life of the Council. (B) Vacancies Any member appointed to fill a vacancy occurring before the expiration of the life of the Council shall be appointed for the remainder of the life of the Council. (d) Compensation (1) In general Members shall serve without pay. (2) Travel expenses Each member shall receive travel expenses, including per diem in lieu of subsistence, in accordance with applicable provisions under subchapter I of chapter 57 of title 5, United States Code. (3) Parents or guardians In the case of a member who is a parent or guardian appointed under subsection (c)(1)(E), such member, in addition to reimbursement under paragraph (2), shall, at the discretion of the Secretary, be compensated in advance for other personal expenses related to participation on the Council, including child care expenses and lost wages during scheduled Council meetings. (4) Authorization of appropriations There are authorized to be appropriated to carry out this subsection $1,500,000, to remain available through the date described in subsection (h). (e) Chairperson; vice chairperson (1) Eligibility To be eligible for election to Chairperson or Vice Chairperson of the Council, an individual must be a member of the Council described in subsection (c)(1). (2) Election The Chairperson and Vice Chairperson of the Council shall be elected by such members. (f) Meetings (1) In general The Council shall meet not fewer than 2 times per year at the call of the Chairperson. (2) Quorum 5 members of the Council shall constitute a quorum. (g) Report (1) In general Not later than 3 years after the establishment of the Council under subsection (a), the Council shall submit to the Administrator of the Food and Nutrition Service a report containing the recommendations described in subsection (b). (2) Guidance Not later than 1 year after the submission of the report under paragraph (1), the Secretary, acting through the Administrator of the Food and Nutrition Service, shall use the recommendations contained in such report to issue guidance with respect to addressing unpaid school meal fees. (h) Termination The Council shall terminate on the date that is 1 day after the submission of the report required under subsection (g). (i) Technical assistance The Secretary shall provide the Council with such technical and other assistance, including secretarial and clerical assistance, as may be required to carry out its functions. (j) Unpaid school meal fees defined In this section, the term unpaid school meal fees means outstanding fees owed by a household to a local educational agency for lunches under this Act or breakfasts under section 4 of the Child Nutrition Act of 1966 ( 42 U.S.C. 1773 ).
4,585
[ "Education and the Workforce Committee" ]
118hr5131ih
118
hr
5,131
ih
To require the Secretary of the Treasury to mint coins in recognition of the bicentennial of the Erie Canal.
[ { "text": "1. Short title \nThis Act may be cited as the Erie Canal Bicentennial Commemorative Coin Act.", "id": "H0087CA2618EF4E5C827AE3236217F342", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Findings \nThe Congress finds the following: (1) Built between 1817 and 1825, the original Erie Canal traversed 363 miles from Albany to Buffalo. (2) The Erie Canal was the longest artificial waterway and the greatest public works project in North America. (3) The Erie Canal was one of the most important steps in the United States initiating its industrial revolution, rapidly increasing the productivity of agriculture and the spread of machinery and manufactured goods. (4) The Erie Canal cut the travel time between Albany and Buffalo in half and reduced freight rates by 90 percent. This allowed midwestern farmers and industry to have new access to distant markets. (5) The Erie Canal opened up the American interior for settlement and enabled a new flow of people and ideas. This fueled social reform movements such as abolitionism, women’s suffrage, utopian communities, and multiple religious movements along the canal corridor. (6) The Erie Canal continues to define the geography of upstate New York with 80 percent of the upstate New York population living withing 25 miles of the corridor. (7) After 200 years the Erie Canal is still a resource for its local communities as a close to home recreational destination for boaters, bikers, and walkers.", "id": "H818FD2FA6F0E488B81F6F64E549170C5", "header": "Findings", "nested": [], "links": [] }, { "text": "3. Coin specifications \n(a) Denominations \nThe Secretary of the Treasury (hereafter in this Act referred to as the Secretary ) shall mint and issue the following coin: (1) $5 gold coins \nNot 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 \nNot 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 \nNot 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 \nThe coins minted under this Act shall be legal tender, as provided in section 5103 of title 31, United States Code. (c) Numismatic items \nFor purposes of sections 5134 and 5136 of title 31, United States Code, all coins minted under this Act shall be considered to be numismatic items.", "id": "H6BB2EA9596E24BBBA9889CFE5DB33E3D", "header": "Coin specifications", "nested": [ { "text": "(a) Denominations \nThe Secretary of the Treasury (hereafter in this Act referred to as the Secretary ) shall mint and issue the following coin: (1) $5 gold coins \nNot 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 \nNot 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 \nNot 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.", "id": "H59E89D57889146ECA5FFB896B742C34F", "header": "Denominations", "nested": [], "links": [] }, { "text": "(b) Legal tender \nThe coins minted under this Act shall be legal tender, as provided in section 5103 of title 31, United States Code.", "id": "H60E23A6820FE449D85F98EB4C1E5C618", "header": "Legal tender", "nested": [], "links": [] }, { "text": "(c) Numismatic items \nFor 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.", "id": "H5306F7B80EE145E096F463F62609A762", "header": "Numismatic items", "nested": [], "links": [] } ], "links": [] }, { "text": "4. Design of coins \n(a) Design requirements \n(1) In general \nThe designs of the coins minted under this Act shall be emblematic of the Erie Canal and its impact on the development of the United States and New York State. (2) Designation and inscriptions \nOn each coin minted under this Act there shall be— (A) a designation of the value of the coin; (B) an inscription of the year 2026 ; and (C) inscriptions of the words Liberty , In God We Trust , United States of America , and E Pluribus Unum. (b) Selection \nThe design for the coins minted under this Act shall be— (1) selected by the Secretary after consultation with— (A) the Commission of Fine Arts; and (B) Erie Canalway Heritage Fund, Inc.; and (2) reviewed by the Citizens Coinage Advisory Committee.", "id": "HC3C5C3DD256146618D48843F649A6506", "header": "Design of coins", "nested": [ { "text": "(a) Design requirements \n(1) In general \nThe designs of the coins minted under this Act shall be emblematic of the Erie Canal and its impact on the development of the United States and New York State. (2) Designation and inscriptions \nOn each coin minted under this Act there shall be— (A) a designation of the value of the coin; (B) an inscription of the year 2026 ; and (C) inscriptions of the words Liberty , In God We Trust , United States of America , and E Pluribus Unum.", "id": "H8BEC16FE20A24A1FAFE46BF75B64A067", "header": "Design requirements", "nested": [], "links": [] }, { "text": "(b) Selection \nThe design for the coins minted under this Act shall be— (1) selected by the Secretary after consultation with— (A) the Commission of Fine Arts; and (B) Erie Canalway Heritage Fund, Inc.; and (2) reviewed by the Citizens Coinage Advisory Committee.", "id": "HBC8ADC19DA644D7DA3A5C3A38F40E601", "header": "Selection", "nested": [], "links": [] } ], "links": [] }, { "text": "5. Issuance of coins \n(a) Quality of coins \nCoins minted under this Act shall be issued in uncirculated and proof qualities. (b) Period for issuance \nThe Secretary may issue coins minted under this Act only during the 1-year period beginning on January 1, 2026.", "id": "HE35B61988E4648D3A98D39BB64DB37DE", "header": "Issuance of coins", "nested": [ { "text": "(a) Quality of coins \nCoins minted under this Act shall be issued in uncirculated and proof qualities.", "id": "H204155C32AD148AFADF181BAD45D8C8B", "header": "Quality of coins", "nested": [], "links": [] }, { "text": "(b) Period for issuance \nThe Secretary may issue coins minted under this Act only during the 1-year period beginning on January 1, 2026.", "id": "H1A2071B8BD714E3C810B2FCC5538731A", "header": "Period for issuance", "nested": [], "links": [] } ], "links": [] }, { "text": "6. Sale of coins \n(a) Sale price \nThe coins issued under this Act shall be sold by the Secretary at a price equal to the sum of— (1) the face value of the coins; (2) the surcharge provided in section 7(a) with respect to such coins; and (3) the cost of designing and issuing the coins (including labor, materials, dies, use of machinery, overhead expenses, marketing, and shipping). (b) Bulk sales \nThe Secretary shall make bulk sales of the coins issued under this Act at a reasonable discount. (c) Prepaid orders \n(1) In general \nThe Secretary shall accept prepaid orders for the coins minted under this Act before the issuance of such coins. (2) Discount \nSale prices with respect to prepaid orders under paragraph (1) shall be at a reasonable discount.", "id": "H6048259217004229902A5166024D7A6B", "header": "Sale of coins", "nested": [ { "text": "(a) Sale price \nThe coins issued under this Act shall be sold by the Secretary at a price equal to the sum of— (1) the face value of the coins; (2) the surcharge provided in section 7(a) with respect to such coins; and (3) the cost of designing and issuing the coins (including labor, materials, dies, use of machinery, overhead expenses, marketing, and shipping).", "id": "HF3325B5E81CD4F3A963DE356ADC01B7E", "header": "Sale price", "nested": [], "links": [] }, { "text": "(b) Bulk sales \nThe Secretary shall make bulk sales of the coins issued under this Act at a reasonable discount.", "id": "HE611C4B5CF6C4B4A948EC1B3618EF2D1", "header": "Bulk sales", "nested": [], "links": [] }, { "text": "(c) Prepaid orders \n(1) In general \nThe Secretary shall accept prepaid orders for the coins minted under this Act before the issuance of such coins. (2) Discount \nSale prices with respect to prepaid orders under paragraph (1) shall be at a reasonable discount.", "id": "H4281D558F4B14801BDCD05A9E45CD60E", "header": "Prepaid orders", "nested": [], "links": [] } ], "links": [] }, { "text": "7. Surcharges \n(a) In general \nAll sales of coins issued under this Act shall include a surcharge of— (1) $35 per coin for the $5 coin; (2) $10 per coin for the $1 coin; and (3) $5 per coin for the half-dollar coin. (b) Distribution \nSubject to section 5134(f) of title 31, United States Code, all surcharges received by the Secretary from the sale of coins issued under this Act shall be promptly paid by the Secretary to the Erie Canalway Heritage Fund, Inc., to support the historic preservation, conservation, recreation, interpretation, tourism, and community development of the Erie Canalway National Heritage Corridor and for educational and commemorative programs of the Erie Canal’s history and impact on our Nation’s history. (c) Audits \nThe recipient of surcharges under this Act shall be subject to the audit requirements of section 5134(f)(2) of title 31, United States Code, with regard to the amounts received under subsection (b). (d) Limitation \nNotwithstanding subsection (a), no surcharge may be included with respect to the issuance under this Act of any coin during a calendar year if, as of the time of such issuance, the issuance of such coin would result in the number of commemorative coin programs issued during such year to exceed the annual 2 commemorative coin 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.", "id": "H7496B345F8124BFEBC6D513C1A85812E", "header": "Surcharges", "nested": [ { "text": "(a) In general \nAll sales of coins issued under this Act shall include a surcharge of— (1) $35 per coin for the $5 coin; (2) $10 per coin for the $1 coin; and (3) $5 per coin for the half-dollar coin.", "id": "H91C457F2994E46FB9751FBB5856DEB71", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Distribution \nSubject to section 5134(f) of title 31, United States Code, all surcharges received by the Secretary from the sale of coins issued under this Act shall be promptly paid by the Secretary to the Erie Canalway Heritage Fund, Inc., to support the historic preservation, conservation, recreation, interpretation, tourism, and community development of the Erie Canalway National Heritage Corridor and for educational and commemorative programs of the Erie Canal’s history and impact on our Nation’s history.", "id": "H953675F82C5447E48F3873BDE4B56795", "header": "Distribution", "nested": [], "links": [] }, { "text": "(c) Audits \nThe recipient of surcharges under this Act shall be subject to the audit requirements of section 5134(f)(2) of title 31, United States Code, with regard to the amounts received under subsection (b).", "id": "H83D51716BBEA47BF91C24D6895E6EB4A", "header": "Audits", "nested": [], "links": [] }, { "text": "(d) Limitation \nNotwithstanding subsection (a), no surcharge may be included with respect to the issuance under this Act of any coin during a calendar year if, as of the time of such issuance, the issuance of such coin would result in the number of commemorative coin programs issued during such year to exceed the annual 2 commemorative coin 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.", "id": "HB786A8773AF046B785BB996803E38C57", "header": "Limitation", "nested": [], "links": [] } ], "links": [] }, { "text": "8. Financial assurances \nThe 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, shall be 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.", "id": "H7BC4E84909DB4199917A508446A57F29", "header": "Financial assurances", "nested": [], "links": [] } ]
8
1. Short title This Act may be cited as the Erie Canal Bicentennial Commemorative Coin Act. 2. Findings The Congress finds the following: (1) Built between 1817 and 1825, the original Erie Canal traversed 363 miles from Albany to Buffalo. (2) The Erie Canal was the longest artificial waterway and the greatest public works project in North America. (3) The Erie Canal was one of the most important steps in the United States initiating its industrial revolution, rapidly increasing the productivity of agriculture and the spread of machinery and manufactured goods. (4) The Erie Canal cut the travel time between Albany and Buffalo in half and reduced freight rates by 90 percent. This allowed midwestern farmers and industry to have new access to distant markets. (5) The Erie Canal opened up the American interior for settlement and enabled a new flow of people and ideas. This fueled social reform movements such as abolitionism, women’s suffrage, utopian communities, and multiple religious movements along the canal corridor. (6) The Erie Canal continues to define the geography of upstate New York with 80 percent of the upstate New York population living withing 25 miles of the corridor. (7) After 200 years the Erie Canal is still a resource for its local communities as a close to home recreational destination for boaters, bikers, and walkers. 3. Coin specifications (a) Denominations The Secretary of the Treasury (hereafter in this Act referred to as the Secretary ) shall mint and issue the following coin: (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. Design of coins (a) Design requirements (1) In general The designs of the coins minted under this Act shall be emblematic of the Erie Canal and its impact on the development of the United States and New York State. (2) Designation and inscriptions On each coin minted under this Act there shall be— (A) a designation of the value of the coin; (B) an inscription of the year 2026 ; and (C) inscriptions of the words Liberty , In God We Trust , United States of America , and E Pluribus Unum. (b) Selection The design for the coins minted under this Act shall be— (1) selected by the Secretary after consultation with— (A) the Commission of Fine Arts; and (B) Erie Canalway Heritage Fund, Inc.; 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, 2026. 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 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 Erie Canalway Heritage Fund, Inc., to support the historic preservation, conservation, recreation, interpretation, tourism, and community development of the Erie Canalway National Heritage Corridor and for educational and commemorative programs of the Erie Canal’s history and impact on our Nation’s history. (c) Audits The recipient of surcharges under this Act 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, shall be 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.
6,340
[ "Financial Services Committee" ]
118hr2291ih
118
hr
2,291
ih
To provide for a limitation on availability of funds for US Department of Agriculture, Foreign Assistance and Related Programs, Foreign Agricultural Service, Salaries and Expenses for fiscal year 2024.
[ { "text": "1. Limitation on availability of funds for US Department of Agriculture, Foreign Assistance and Related Programs, Foreign Agricultural Service, Salaries and Expenses for fiscal year 2024 \nNotwithstanding any other provision of the law, amounts authorized to be appropriated or otherwise available for US Department of Agriculture, Foreign Assistance and Related Programs, Foreign Agricultural Service, Salaries and Expenses for fiscal year 2024 may not exceed $213,890,000.", "id": "H32F891CC025143BF93B1DAF361977921", "header": "Limitation on availability of funds for US Department of Agriculture, Foreign Assistance and Related Programs, Foreign Agricultural Service, Salaries and Expenses for fiscal year 2024", "nested": [], "links": [] } ]
1
1. Limitation on availability of funds for US Department of Agriculture, Foreign Assistance and Related Programs, Foreign Agricultural Service, Salaries and Expenses for fiscal year 2024 Notwithstanding any other provision of the law, amounts authorized to be appropriated or otherwise available for US Department of Agriculture, Foreign Assistance and Related Programs, Foreign Agricultural Service, Salaries and Expenses for fiscal year 2024 may not exceed $213,890,000.
473
[ "Agriculture Committee", "Foreign Affairs Committee" ]
118hr3653ih
118
hr
3,653
ih
To provide the President with authority to enter into a comprehensive trade agreement with the United Kingdom, and for other purposes.
[ { "text": "1. Short title \nThis Act may be cited as the Undertaking Negotiations on Investment and Trade for Economic Dynamism Act or the UNITED Act.", "id": "H708D2A2256F04422B4C0837991844583", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Sense of Congress \nIt is the sense of Congress that— (1) the United States should pursue more open trade and investment relationships with its allies to strengthen the economy of the United States, improve the standard of living of the people of the United States, and advance the strategic interests of the United States; (2) agreements to reduce or eliminate barriers to trade and investment between the United States and its allies will foster mutually beneficial economic relationships that advance the economic interests of workers, farmers, ranchers, and businesses of all sizes in the United States; (3) the shared values and long history of the special relationship between the United States and the United Kingdom present a unique opportunity to deepen the mutually beneficial economic and strategic relationship between those countries and further expand prosperity for the citizens of those countries; (4) a high-standard, comprehensive trade agreement between the United States and the United Kingdom would help strengthen that relationship, improve the economic prospects of people in both countries, increase the resilience of critical supply chains, and create export opportunities for businesses of all sizes; (5) the efforts of the United States-United Kingdom Trade and Investment Working Group and the bilateral negotiations initiated by President Donald Trump have laid groundwork toward a comprehensive trade agreement; (6) the United States-United Kingdom Dialogue on the Future of Atlantic Trade initiated by President Joe Biden continues longstanding efforts to improve economic cooperation between the United States and the United Kingdom; (7) the robust labor and environmental protections in the United Kingdom reduce the risk of regulatory arbitrage that undercuts workers and businesses in the United States; (8) Congress passed the USMCA with overwhelming bipartisan support, setting high standards in North America with respect to labor rights, the environment, intellectual property, non-market practices, and services, and those standards should inform future negotiations; (9) trade agreements with foreign trading partners that share the values and ambition of the United States offer an opportunity to build on the USMCA and set high international standards across many important policy areas; (10) any trade negotiations between the United States and the United Kingdom must honor the agreement between the Government of Ireland and the Government of the United Kingdom signed on April 10, 1998 (commonly known as the Good Friday Agreement ), and any trade agreement between those countries must advance peace, stability, and prosperity in Ireland and Northern Ireland; (11) the United Kingdom, like many key trading partners of the United States, is actively negotiating for expanded access to foreign markets, including through both new bilateral agreements and existing regional agreements such as the Comprehensive and Progressive Agreement for Trans-Pacific Partnership, and the United States must likewise seek to advance its access to foreign markets to ensure that businesses, consumers, farmers, ranchers, and workers in the United States are not left behind; and (12) to effectively pursue comprehensive trade negotiations with the United Kingdom for purposes of a trade agreement between the United States and the United Kingdom, Congress must grant new negotiating authority to the President, which should— (A) enable the swift negotiation and passage through Congress of such an agreement; and (B) be narrowly tailored to provide clear direction to the executive branch of the United States Government.", "id": "HD4E63BE30ED34DE69522925EC60BFB4A", "header": "Sense of Congress", "nested": [], "links": [] }, { "text": "3. Definitions \nIn this Act: (1) USMCA \nThe term USMCA means the Agreement between the United States of America, the United Mexican States, and Canada, which is— (A) attached as an Annex to the Protocol Replacing the North American Free Trade Agreement with the Agreement between the United States of America, the United Mexican States, and Canada, done at Buenos Aires on November 30, 2018, as amended by the Protocol of Amendment to the Agreement Between the United States of America, the United Mexican States, and Canada, done at Mexico City on December 10, 2019; and (B) approved by Congress under section 101(a)(1) of the United States-Mexico-Canada Agreement Implementation Act ( 19 U.S.C. 4511(a) ). (2) United Kingdom \nThe term United Kingdom means the United Kingdom of Great Britain and Northern Ireland.", "id": "H0E0069FDB9524457A431FE71319233F2", "header": "Definitions", "nested": [], "links": [ { "text": "19 U.S.C. 4511(a)", "legal-doc": "usc", "parsable-cite": "usc/19/4511" } ] }, { "text": "4. Negotiating and trade agreements authority for comprehensive agreement with the United Kingdom \n(a) Initiation of negotiations \nNot later than 180 days after the date of the enactment of this Act, in order to enhance the economic well-being of the United States, the President shall seek to initiate negotiations with the United Kingdom regarding tariff and nontariff barriers affecting any industry, product, or service sector. (b) Authority for comprehensive trade agreement with the United Kingdom \n(1) In general \nTo strengthen the economic competitiveness of the United States, the President may enter into a comprehensive trade agreement with the United Kingdom regarding tariff and nontariff barriers affecting trade between the United States and United Kingdom. (2) Termination of authority \nThe authority under paragraph (1) terminates on March 1, 2025. (c) Modifications permitted \n(1) In general \nSubject to paragraph (2), the President may proclaim such modification or continuance of any existing duty, continuance of existing duty-free or excise treatment, or such additional duties as the President determines to be required or appropriate to carry out an agreement entered into under subsection (b). (2) Limitations \n(A) Modifications or additions to agreement \nSubstantial modifications to, or substantial additional provisions of, an agreement entered into after March 1, 2025, are not covered by the authority under paragraph (1). (B) Amount of duty modification \nNo proclamation may be made under paragraph (1) that— (i) reduces any rate of duty (other than a rate of duty that does not exceed 5 percent ad valorem on the date of the enactment of this Act) to a rate of duty that is less than 50 percent of the rate of such duty that applies on such date of enactment; (ii) reduces the rate of duty below that applicable under the Uruguay Round Agreements (as defined in section 2(7) of the Uruguay Round Agreements Act ( 19 U.S.C. 3501 )) or a successor agreement, on any import sensitive agricultural product; or (iii) increases any rate of duty above the rate that applied on the date of the enactment of this Act. (d) Consultation with and notification to Congress \nTo ensure the alignment of the trade policy priorities of Congress with the content of any agreement under this section, the President shall consult with Congress before and throughout negotiations initiated under subsection (a) and shall notify Congress of the intention of the President to enter into an agreement under subsection (b) or to make a proclamation under subsection (c). (e) Bills qualifying for trade authorities procedures \n(1) Implementing bills \n(A) In general \nThe provisions of section 151 of the Trade Act of 1974 ( 19 U.S.C. 2191 ) apply to a bill of either House of Congress that contains provisions described in subparagraph (B) to the same extent as such section 151 applies to implementing bills under that section. A bill to which this paragraph applies shall hereafter in this section be referred to as an implementing bill. (B) Provisions specified \nThe provisions described in this subparagraph are— (i) a provision approving a trade agreement entered into under this section and approving the statement of administrative action, if any, proposed to implement such trade agreement; and (ii) if changes in existing laws or new statutory authority are required to implement such trade agreement, only such provisions as are strictly necessary or appropriate to implement such trade agreement, either repealing or amending existing laws or providing new statutory authority. (2) Deadline for submission of bill \nThe procedures under paragraph (1) apply to implementing bills submitted with respect to a trade agreement entered into under this section before March 1, 2025. (f) Limitation on waiver, suspension, or termination \nAn agreement entered into under this section shall not be waived, suspended, or terminated, in whole or in part, with respect to the United States without the express approval by Congress of such termination. (g) Relationship to Bipartisan Congressional Trade Priorities and Accountability Act of 2015 \nAn agreement under this section shall not enter into force with respect to the United States and an implementing bill shall not qualify for trade authorities procedures under subsection (e), including an agreement that does not require changes to United States law or an implementing bill in connection therewith, unless the following requirements under the Bipartisan Congressional Trade Priorities and Accountability Act of 2015 ( 19 U.S.C. 4201 et seq. ) are carried out with respect to that agreement or implementing bill to the same extent as would be required of an agreement entered into under section 103(b) of that Act ( 19 U.S.C. 4202(b) ), notwithstanding the expiration of authority to enter into an agreement under such section 103(b): (1) The trade negotiating objectives under section 102 of that Act ( 19 U.S.C. 4201 ). (2) The congressional oversight and consultation requirements under section 104 of that Act ( 19 U.S.C. 4203 ). (3) The notification, consultation, and reporting requirements under section 105 of that Act ( 19 U.S.C. 4204 ). (4) The implementation procedures under section 106 of that Act ( 19 U.S.C. 4205 ). (5) The provisions related to sovereignty under section 108 of that Act ( 19 U.S.C. 4207 ).", "id": "H33353AE099AF4975A44258829B357940", "header": "Negotiating and trade agreements authority for comprehensive agreement with the United Kingdom", "nested": [ { "text": "(a) Initiation of negotiations \nNot later than 180 days after the date of the enactment of this Act, in order to enhance the economic well-being of the United States, the President shall seek to initiate negotiations with the United Kingdom regarding tariff and nontariff barriers affecting any industry, product, or service sector.", "id": "HA97E499427C24068A0DA208391D4A949", "header": "Initiation of negotiations", "nested": [], "links": [] }, { "text": "(b) Authority for comprehensive trade agreement with the United Kingdom \n(1) In general \nTo strengthen the economic competitiveness of the United States, the President may enter into a comprehensive trade agreement with the United Kingdom regarding tariff and nontariff barriers affecting trade between the United States and United Kingdom. (2) Termination of authority \nThe authority under paragraph (1) terminates on March 1, 2025.", "id": "HC3C221480DDE49529165394DA883B9B0", "header": "Authority for comprehensive trade agreement with the United Kingdom", "nested": [], "links": [] }, { "text": "(c) Modifications permitted \n(1) In general \nSubject to paragraph (2), the President may proclaim such modification or continuance of any existing duty, continuance of existing duty-free or excise treatment, or such additional duties as the President determines to be required or appropriate to carry out an agreement entered into under subsection (b). (2) Limitations \n(A) Modifications or additions to agreement \nSubstantial modifications to, or substantial additional provisions of, an agreement entered into after March 1, 2025, are not covered by the authority under paragraph (1). (B) Amount of duty modification \nNo proclamation may be made under paragraph (1) that— (i) reduces any rate of duty (other than a rate of duty that does not exceed 5 percent ad valorem on the date of the enactment of this Act) to a rate of duty that is less than 50 percent of the rate of such duty that applies on such date of enactment; (ii) reduces the rate of duty below that applicable under the Uruguay Round Agreements (as defined in section 2(7) of the Uruguay Round Agreements Act ( 19 U.S.C. 3501 )) or a successor agreement, on any import sensitive agricultural product; or (iii) increases any rate of duty above the rate that applied on the date of the enactment of this Act.", "id": "H7FD7DC79B7AE45DDB3791B2EF993C1D2", "header": "Modifications permitted", "nested": [], "links": [ { "text": "19 U.S.C. 3501", "legal-doc": "usc", "parsable-cite": "usc/19/3501" } ] }, { "text": "(d) Consultation with and notification to Congress \nTo ensure the alignment of the trade policy priorities of Congress with the content of any agreement under this section, the President shall consult with Congress before and throughout negotiations initiated under subsection (a) and shall notify Congress of the intention of the President to enter into an agreement under subsection (b) or to make a proclamation under subsection (c).", "id": "HE00EF40A28394265A9905F7D3853B1B8", "header": "Consultation with and notification to Congress", "nested": [], "links": [] }, { "text": "(e) Bills qualifying for trade authorities procedures \n(1) Implementing bills \n(A) In general \nThe provisions of section 151 of the Trade Act of 1974 ( 19 U.S.C. 2191 ) apply to a bill of either House of Congress that contains provisions described in subparagraph (B) to the same extent as such section 151 applies to implementing bills under that section. A bill to which this paragraph applies shall hereafter in this section be referred to as an implementing bill. (B) Provisions specified \nThe provisions described in this subparagraph are— (i) a provision approving a trade agreement entered into under this section and approving the statement of administrative action, if any, proposed to implement such trade agreement; and (ii) if changes in existing laws or new statutory authority are required to implement such trade agreement, only such provisions as are strictly necessary or appropriate to implement such trade agreement, either repealing or amending existing laws or providing new statutory authority. (2) Deadline for submission of bill \nThe procedures under paragraph (1) apply to implementing bills submitted with respect to a trade agreement entered into under this section before March 1, 2025.", "id": "H5853932EB1B8478BADE8705C2C3FD392", "header": "Bills qualifying for trade authorities procedures", "nested": [], "links": [ { "text": "19 U.S.C. 2191", "legal-doc": "usc", "parsable-cite": "usc/19/2191" } ] }, { "text": "(f) Limitation on waiver, suspension, or termination \nAn agreement entered into under this section shall not be waived, suspended, or terminated, in whole or in part, with respect to the United States without the express approval by Congress of such termination.", "id": "H463BE948ECF14A95B730CA9C4E6E9496", "header": "Limitation on waiver, suspension, or termination", "nested": [], "links": [] }, { "text": "(g) Relationship to Bipartisan Congressional Trade Priorities and Accountability Act of 2015 \nAn agreement under this section shall not enter into force with respect to the United States and an implementing bill shall not qualify for trade authorities procedures under subsection (e), including an agreement that does not require changes to United States law or an implementing bill in connection therewith, unless the following requirements under the Bipartisan Congressional Trade Priorities and Accountability Act of 2015 ( 19 U.S.C. 4201 et seq. ) are carried out with respect to that agreement or implementing bill to the same extent as would be required of an agreement entered into under section 103(b) of that Act ( 19 U.S.C. 4202(b) ), notwithstanding the expiration of authority to enter into an agreement under such section 103(b): (1) The trade negotiating objectives under section 102 of that Act ( 19 U.S.C. 4201 ). (2) The congressional oversight and consultation requirements under section 104 of that Act ( 19 U.S.C. 4203 ). (3) The notification, consultation, and reporting requirements under section 105 of that Act ( 19 U.S.C. 4204 ). (4) The implementation procedures under section 106 of that Act ( 19 U.S.C. 4205 ). (5) The provisions related to sovereignty under section 108 of that Act ( 19 U.S.C. 4207 ).", "id": "H52A8547761394D2AA309CE3950271A40", "header": "Relationship to Bipartisan Congressional Trade Priorities and Accountability Act of 2015", "nested": [], "links": [ { "text": "19 U.S.C. 4201 et seq.", "legal-doc": "usc", "parsable-cite": "usc/19/4201" }, { "text": "19 U.S.C. 4202(b)", "legal-doc": "usc", "parsable-cite": "usc/19/4202" }, { "text": "19 U.S.C. 4201", "legal-doc": "usc", "parsable-cite": "usc/19/4201" }, { "text": "19 U.S.C. 4203", "legal-doc": "usc", "parsable-cite": "usc/19/4203" }, { "text": "19 U.S.C. 4204", "legal-doc": "usc", "parsable-cite": "usc/19/4204" }, { "text": "19 U.S.C. 4205", "legal-doc": "usc", "parsable-cite": "usc/19/4205" }, { "text": "19 U.S.C. 4207", "legal-doc": "usc", "parsable-cite": "usc/19/4207" } ] } ], "links": [ { "text": "19 U.S.C. 3501", "legal-doc": "usc", "parsable-cite": "usc/19/3501" }, { "text": "19 U.S.C. 2191", "legal-doc": "usc", "parsable-cite": "usc/19/2191" }, { "text": "19 U.S.C. 4201 et seq.", "legal-doc": "usc", "parsable-cite": "usc/19/4201" }, { "text": "19 U.S.C. 4202(b)", "legal-doc": "usc", "parsable-cite": "usc/19/4202" }, { "text": "19 U.S.C. 4201", "legal-doc": "usc", "parsable-cite": "usc/19/4201" }, { "text": "19 U.S.C. 4203", "legal-doc": "usc", "parsable-cite": "usc/19/4203" }, { "text": "19 U.S.C. 4204", "legal-doc": "usc", "parsable-cite": "usc/19/4204" }, { "text": "19 U.S.C. 4205", "legal-doc": "usc", "parsable-cite": "usc/19/4205" }, { "text": "19 U.S.C. 4207", "legal-doc": "usc", "parsable-cite": "usc/19/4207" } ] } ]
4
1. Short title This Act may be cited as the Undertaking Negotiations on Investment and Trade for Economic Dynamism Act or the UNITED Act. 2. Sense of Congress It is the sense of Congress that— (1) the United States should pursue more open trade and investment relationships with its allies to strengthen the economy of the United States, improve the standard of living of the people of the United States, and advance the strategic interests of the United States; (2) agreements to reduce or eliminate barriers to trade and investment between the United States and its allies will foster mutually beneficial economic relationships that advance the economic interests of workers, farmers, ranchers, and businesses of all sizes in the United States; (3) the shared values and long history of the special relationship between the United States and the United Kingdom present a unique opportunity to deepen the mutually beneficial economic and strategic relationship between those countries and further expand prosperity for the citizens of those countries; (4) a high-standard, comprehensive trade agreement between the United States and the United Kingdom would help strengthen that relationship, improve the economic prospects of people in both countries, increase the resilience of critical supply chains, and create export opportunities for businesses of all sizes; (5) the efforts of the United States-United Kingdom Trade and Investment Working Group and the bilateral negotiations initiated by President Donald Trump have laid groundwork toward a comprehensive trade agreement; (6) the United States-United Kingdom Dialogue on the Future of Atlantic Trade initiated by President Joe Biden continues longstanding efforts to improve economic cooperation between the United States and the United Kingdom; (7) the robust labor and environmental protections in the United Kingdom reduce the risk of regulatory arbitrage that undercuts workers and businesses in the United States; (8) Congress passed the USMCA with overwhelming bipartisan support, setting high standards in North America with respect to labor rights, the environment, intellectual property, non-market practices, and services, and those standards should inform future negotiations; (9) trade agreements with foreign trading partners that share the values and ambition of the United States offer an opportunity to build on the USMCA and set high international standards across many important policy areas; (10) any trade negotiations between the United States and the United Kingdom must honor the agreement between the Government of Ireland and the Government of the United Kingdom signed on April 10, 1998 (commonly known as the Good Friday Agreement ), and any trade agreement between those countries must advance peace, stability, and prosperity in Ireland and Northern Ireland; (11) the United Kingdom, like many key trading partners of the United States, is actively negotiating for expanded access to foreign markets, including through both new bilateral agreements and existing regional agreements such as the Comprehensive and Progressive Agreement for Trans-Pacific Partnership, and the United States must likewise seek to advance its access to foreign markets to ensure that businesses, consumers, farmers, ranchers, and workers in the United States are not left behind; and (12) to effectively pursue comprehensive trade negotiations with the United Kingdom for purposes of a trade agreement between the United States and the United Kingdom, Congress must grant new negotiating authority to the President, which should— (A) enable the swift negotiation and passage through Congress of such an agreement; and (B) be narrowly tailored to provide clear direction to the executive branch of the United States Government. 3. Definitions In this Act: (1) USMCA The term USMCA means the Agreement between the United States of America, the United Mexican States, and Canada, which is— (A) attached as an Annex to the Protocol Replacing the North American Free Trade Agreement with the Agreement between the United States of America, the United Mexican States, and Canada, done at Buenos Aires on November 30, 2018, as amended by the Protocol of Amendment to the Agreement Between the United States of America, the United Mexican States, and Canada, done at Mexico City on December 10, 2019; and (B) approved by Congress under section 101(a)(1) of the United States-Mexico-Canada Agreement Implementation Act ( 19 U.S.C. 4511(a) ). (2) United Kingdom The term United Kingdom means the United Kingdom of Great Britain and Northern Ireland. 4. Negotiating and trade agreements authority for comprehensive agreement with the United Kingdom (a) Initiation of negotiations Not later than 180 days after the date of the enactment of this Act, in order to enhance the economic well-being of the United States, the President shall seek to initiate negotiations with the United Kingdom regarding tariff and nontariff barriers affecting any industry, product, or service sector. (b) Authority for comprehensive trade agreement with the United Kingdom (1) In general To strengthen the economic competitiveness of the United States, the President may enter into a comprehensive trade agreement with the United Kingdom regarding tariff and nontariff barriers affecting trade between the United States and United Kingdom. (2) Termination of authority The authority under paragraph (1) terminates on March 1, 2025. (c) Modifications permitted (1) In general Subject to paragraph (2), the President may proclaim such modification or continuance of any existing duty, continuance of existing duty-free or excise treatment, or such additional duties as the President determines to be required or appropriate to carry out an agreement entered into under subsection (b). (2) Limitations (A) Modifications or additions to agreement Substantial modifications to, or substantial additional provisions of, an agreement entered into after March 1, 2025, are not covered by the authority under paragraph (1). (B) Amount of duty modification No proclamation may be made under paragraph (1) that— (i) reduces any rate of duty (other than a rate of duty that does not exceed 5 percent ad valorem on the date of the enactment of this Act) to a rate of duty that is less than 50 percent of the rate of such duty that applies on such date of enactment; (ii) reduces the rate of duty below that applicable under the Uruguay Round Agreements (as defined in section 2(7) of the Uruguay Round Agreements Act ( 19 U.S.C. 3501 )) or a successor agreement, on any import sensitive agricultural product; or (iii) increases any rate of duty above the rate that applied on the date of the enactment of this Act. (d) Consultation with and notification to Congress To ensure the alignment of the trade policy priorities of Congress with the content of any agreement under this section, the President shall consult with Congress before and throughout negotiations initiated under subsection (a) and shall notify Congress of the intention of the President to enter into an agreement under subsection (b) or to make a proclamation under subsection (c). (e) Bills qualifying for trade authorities procedures (1) Implementing bills (A) In general The provisions of section 151 of the Trade Act of 1974 ( 19 U.S.C. 2191 ) apply to a bill of either House of Congress that contains provisions described in subparagraph (B) to the same extent as such section 151 applies to implementing bills under that section. A bill to which this paragraph applies shall hereafter in this section be referred to as an implementing bill. (B) Provisions specified The provisions described in this subparagraph are— (i) a provision approving a trade agreement entered into under this section and approving the statement of administrative action, if any, proposed to implement such trade agreement; and (ii) if changes in existing laws or new statutory authority are required to implement such trade agreement, only such provisions as are strictly necessary or appropriate to implement such trade agreement, either repealing or amending existing laws or providing new statutory authority. (2) Deadline for submission of bill The procedures under paragraph (1) apply to implementing bills submitted with respect to a trade agreement entered into under this section before March 1, 2025. (f) Limitation on waiver, suspension, or termination An agreement entered into under this section shall not be waived, suspended, or terminated, in whole or in part, with respect to the United States without the express approval by Congress of such termination. (g) Relationship to Bipartisan Congressional Trade Priorities and Accountability Act of 2015 An agreement under this section shall not enter into force with respect to the United States and an implementing bill shall not qualify for trade authorities procedures under subsection (e), including an agreement that does not require changes to United States law or an implementing bill in connection therewith, unless the following requirements under the Bipartisan Congressional Trade Priorities and Accountability Act of 2015 ( 19 U.S.C. 4201 et seq. ) are carried out with respect to that agreement or implementing bill to the same extent as would be required of an agreement entered into under section 103(b) of that Act ( 19 U.S.C. 4202(b) ), notwithstanding the expiration of authority to enter into an agreement under such section 103(b): (1) The trade negotiating objectives under section 102 of that Act ( 19 U.S.C. 4201 ). (2) The congressional oversight and consultation requirements under section 104 of that Act ( 19 U.S.C. 4203 ). (3) The notification, consultation, and reporting requirements under section 105 of that Act ( 19 U.S.C. 4204 ). (4) The implementation procedures under section 106 of that Act ( 19 U.S.C. 4205 ). (5) The provisions related to sovereignty under section 108 of that Act ( 19 U.S.C. 4207 ).
9,997
[ "Rules Committee", "Ways and Means Committee" ]
118hr6700ih
118
hr
6,700
ih
To require the Children’s Bureau to collect and maintain information regarding all private adoptions, and for other purposes.
[ { "text": "1. Short title \nThis Act may be cited as the Adoption Counts Act.", "id": "H047B5CC60B184DDAA0C28C3E24FCAD24", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Adoption statistics \n(a) In general \nSection 473A(c) of the Social Security Act ( 42 U.S.C. 673b(c) ) is amended by adding at the end the following: (4) Additional requirement \n(A) In general \nNotwithstanding paragraph (1), a State shall not be considered to be in compliance with this subsection for a fiscal year if any court of the State that finalized the adoption of a person pursuant to a voluntary consent or relinquishment in the calendar year ending in the preceding fiscal year has not submitted to the Children’s Bureau of the Department of Health and Human Services the report described in subparagraph (B) for the calendar year. (B) Report \nThe report described in this subparagraph for a calendar year is a report that contains the following information about each adoption referred to in subparagraph (A) finalized by the court in the calendar year: (i) Whether the person at the time of the adoption was less than 1 year of age, not less than 1 year of age and less than 3 years of age, not less than 3 years of age and less than 18 years of age, or not less than 18 years of age. (ii) In the case that the person at the time of the adoption was less than 18 years of age— (I) Whether the person was adopted by a step-parent, relative, or legal guardian of the child, or none of the foregoing. (II) Whether the person was born as a result of gestational surrogacy. (III) Whether the adoptive parents of the person had been given custody of the child through an international adoption placement or international guardianship. (IV) At the option of the court, the race of the person.. (b) Effective date \nThe amendment made by subsection (a) shall take effect on the 1st day of the 1st calendar year that begins after the date of the enactment of this Act.", "id": "HD45F30C0D8D24088A1E3A16D505DE2EF", "header": "Adoption statistics", "nested": [ { "text": "(a) In general \nSection 473A(c) of the Social Security Act ( 42 U.S.C. 673b(c) ) is amended by adding at the end the following: (4) Additional requirement \n(A) In general \nNotwithstanding paragraph (1), a State shall not be considered to be in compliance with this subsection for a fiscal year if any court of the State that finalized the adoption of a person pursuant to a voluntary consent or relinquishment in the calendar year ending in the preceding fiscal year has not submitted to the Children’s Bureau of the Department of Health and Human Services the report described in subparagraph (B) for the calendar year. (B) Report \nThe report described in this subparagraph for a calendar year is a report that contains the following information about each adoption referred to in subparagraph (A) finalized by the court in the calendar year: (i) Whether the person at the time of the adoption was less than 1 year of age, not less than 1 year of age and less than 3 years of age, not less than 3 years of age and less than 18 years of age, or not less than 18 years of age. (ii) In the case that the person at the time of the adoption was less than 18 years of age— (I) Whether the person was adopted by a step-parent, relative, or legal guardian of the child, or none of the foregoing. (II) Whether the person was born as a result of gestational surrogacy. (III) Whether the adoptive parents of the person had been given custody of the child through an international adoption placement or international guardianship. (IV) At the option of the court, the race of the person..", "id": "H8A82E574E9E14490BD8A25EBC9CC52E0", "header": "In general", "nested": [], "links": [ { "text": "42 U.S.C. 673b(c)", "legal-doc": "usc", "parsable-cite": "usc/42/673b" } ] }, { "text": "(b) Effective date \nThe amendment made by subsection (a) shall take effect on the 1st day of the 1st calendar year that begins after the date of the enactment of this Act.", "id": "HDCA5FBC674234CD8984360962059ED32", "header": "Effective date", "nested": [], "links": [] } ], "links": [ { "text": "42 U.S.C. 673b(c)", "legal-doc": "usc", "parsable-cite": "usc/42/673b" } ] } ]
2
1. Short title This Act may be cited as the Adoption Counts Act. 2. Adoption statistics (a) In general Section 473A(c) of the Social Security Act ( 42 U.S.C. 673b(c) ) is amended by adding at the end the following: (4) Additional requirement (A) In general Notwithstanding paragraph (1), a State shall not be considered to be in compliance with this subsection for a fiscal year if any court of the State that finalized the adoption of a person pursuant to a voluntary consent or relinquishment in the calendar year ending in the preceding fiscal year has not submitted to the Children’s Bureau of the Department of Health and Human Services the report described in subparagraph (B) for the calendar year. (B) Report The report described in this subparagraph for a calendar year is a report that contains the following information about each adoption referred to in subparagraph (A) finalized by the court in the calendar year: (i) Whether the person at the time of the adoption was less than 1 year of age, not less than 1 year of age and less than 3 years of age, not less than 3 years of age and less than 18 years of age, or not less than 18 years of age. (ii) In the case that the person at the time of the adoption was less than 18 years of age— (I) Whether the person was adopted by a step-parent, relative, or legal guardian of the child, or none of the foregoing. (II) Whether the person was born as a result of gestational surrogacy. (III) Whether the adoptive parents of the person had been given custody of the child through an international adoption placement or international guardianship. (IV) At the option of the court, the race of the person.. (b) Effective date The amendment made by subsection (a) shall take effect on the 1st day of the 1st calendar year that begins after the date of the enactment of this Act.
1,839
[ "Ways and Means Committee" ]
118hr5297ih
118
hr
5,297
ih
To require the Secretary of Defense to amend the Department of Defense Supplement to the Federal Acquisition Regulation to include consideration of past performance of affiliates of small business concerns, and for other purposes.
[ { "text": "1. Short title \nThis Act may be cited as the Defense Small Business Past Performance Consideration Act of 2023.", "id": "HEECE2323AAB548E7994E1DB213DE7DC5", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Consideration of past performance of affiliates of small business concerns \nNot later than July 1, 2024, the Secretary of Defense shall amend section 215.305 of the Department of Defense Supplement to the Federal Acquisition Regulation (or any successor regulation) to— (1) require that when evaluating a bid from a small business concern (as defined under section 3 of the Small Business Act ( 15 U.S.C. 632 )) for a Department of Defense contract, the contracting officer for such contract shall consider the past performance information of affiliates of such concern as the past performance of such concern; and (2) ensure that only past performance information of such affiliates during the nine-year period preceding the date on which such concern submitted a bid described in paragraph (1) is considered as past performance of such concern.", "id": "H44845B880DB04375B485B59B34BCF0B2", "header": "Consideration of past performance of affiliates of small business concerns", "nested": [], "links": [ { "text": "15 U.S.C. 632", "legal-doc": "usc", "parsable-cite": "usc/15/632" } ] } ]
2
1. Short title This Act may be cited as the Defense Small Business Past Performance Consideration Act of 2023. 2. Consideration of past performance of affiliates of small business concerns Not later than July 1, 2024, the Secretary of Defense shall amend section 215.305 of the Department of Defense Supplement to the Federal Acquisition Regulation (or any successor regulation) to— (1) require that when evaluating a bid from a small business concern (as defined under section 3 of the Small Business Act ( 15 U.S.C. 632 )) for a Department of Defense contract, the contracting officer for such contract shall consider the past performance information of affiliates of such concern as the past performance of such concern; and (2) ensure that only past performance information of such affiliates during the nine-year period preceding the date on which such concern submitted a bid described in paragraph (1) is considered as past performance of such concern.
961
[ "Armed Services Committee" ]
118hr7838ih
118
hr
7,838
ih
To require the Commandant of the Coast Guard to submit a report on the implementation of certain recommendations for improving the Coast Guard housing program, and for other purposes.
[ { "text": "1. Short title \nThis Act may be cited as the Coast Guard Housing Affordability and Availability Improvement Act.", "id": "H22FEB00BBC574EBB9BDA2C6AEBB2F12F", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Report on GAO recommendations \nNot later than 1 year after the date of enactment of this Act, the Commandant of the Coast Guard shall submit to Congress a report on the status of the implementation of the recommendations contained in the Government Accountability Office report published on February 5, 2024, and titled Coast Guard: Better Feedback Collection and Information Could Enhance Housing Program (GAO–24–106388).", "id": "HB05AD8BBA37041B5909A758D705532F6", "header": "Report on GAO recommendations", "nested": [], "links": [] } ]
2
1. Short title This Act may be cited as the Coast Guard Housing Affordability and Availability Improvement Act. 2. Report on GAO recommendations Not later than 1 year after the date of enactment of this Act, the Commandant of the Coast Guard shall submit to Congress a report on the status of the implementation of the recommendations contained in the Government Accountability Office report published on February 5, 2024, and titled Coast Guard: Better Feedback Collection and Information Could Enhance Housing Program (GAO–24–106388).
538
[ "Transportation and Infrastructure Committee" ]
118hr742ih
118
hr
742
ih
To require that any person that maintains an internet website or that sells or distributes a mobile application that stores and maintains information collected from such website or application in the People’s Republic of China to disclose that such information is stored and maintained in the People’s Republic of China and whether the Chinese Communist Party or a Chinese State-owned entity has access to such information.
[ { "text": "1. Short title \nThis Act may be cited as the Telling Everyone the Location of data Leaving the U.S. Act or the TELL Act.", "id": "HDE5F9C20ECAD495F9B4EB6B09EE8ACFC", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Country disclosure requirements \n(a) Disclosure requirements \nAny person that maintains an internet website or that sells or distributes a mobile application that stores and maintains information collected from such website or application in the People’s Republic of China shall disclose to any individual who downloads or otherwise uses such website or application, in a clear and conspicuous manner, the following: (1) That such information is stored and maintained in the People’s Republic of China. (2) Whether the Chinese Communist Party or a Chinese State-owned entity has access to such information. (b) False information \nIt shall be unlawful for a person required to disclose information under subsection (a) to knowingly disclose false information under such subsection.", "id": "HB3BB724423C14528A7493CDA5367BA3C", "header": "Country disclosure requirements", "nested": [ { "text": "(a) Disclosure requirements \nAny person that maintains an internet website or that sells or distributes a mobile application that stores and maintains information collected from such website or application in the People’s Republic of China shall disclose to any individual who downloads or otherwise uses such website or application, in a clear and conspicuous manner, the following: (1) That such information is stored and maintained in the People’s Republic of China. (2) Whether the Chinese Communist Party or a Chinese State-owned entity has access to such information.", "id": "H3ADE43D1FA694F7ABD0D9638C7C35E1B", "header": "Disclosure requirements", "nested": [], "links": [] }, { "text": "(b) False information \nIt shall be unlawful for a person required to disclose information under subsection (a) to knowingly disclose false information under such subsection.", "id": "HE4749D4A03524CD78D2B93013D6C9431", "header": "False information", "nested": [], "links": [] } ], "links": [] }, { "text": "3. Enforcement \n(a) Unfair or deceptive acts or practices \nA violation of this Act 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) ). (b) Powers of Federal Trade Commission \n(1) In general \nThe Federal Trade 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. ) were incorporated into and made a part of this Act. (2) Privileges and immunities \nAny person that violates this Act 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. ).", "id": "HE4BBEBA76070479EB27E7287B76DFBD1", "header": "Enforcement", "nested": [ { "text": "(a) Unfair or deceptive acts or practices \nA violation of this Act 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) ).", "id": "H908631B5397D4B2188DEBC83BE077168", "header": "Unfair or deceptive acts or practices", "nested": [], "links": [ { "text": "15 U.S.C. 57a(a)(1)(B)", "legal-doc": "usc", "parsable-cite": "usc/15/57a" } ] }, { "text": "(b) Powers of Federal Trade Commission \n(1) In general \nThe Federal Trade 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. ) were incorporated into and made a part of this Act. (2) Privileges and immunities \nAny person that violates this Act 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. ).", "id": "H062BA7E1478347A0A4231F27FA2D7E8E", "header": "Powers of Federal Trade Commission", "nested": [], "links": [ { "text": "15 U.S.C. 41 et seq.", "legal-doc": "usc", "parsable-cite": "usc/15/41" }, { "text": "15 U.S.C. 41 et seq.", "legal-doc": "usc", "parsable-cite": "usc/15/41" } ] } ], "links": [ { "text": "15 U.S.C. 57a(a)(1)(B)", "legal-doc": "usc", "parsable-cite": "usc/15/57a" }, { "text": "15 U.S.C. 41 et seq.", "legal-doc": "usc", "parsable-cite": "usc/15/41" }, { "text": "15 U.S.C. 41 et seq.", "legal-doc": "usc", "parsable-cite": "usc/15/41" } ] } ]
3
1. Short title This Act may be cited as the Telling Everyone the Location of data Leaving the U.S. Act or the TELL Act. 2. Country disclosure requirements (a) Disclosure requirements Any person that maintains an internet website or that sells or distributes a mobile application that stores and maintains information collected from such website or application in the People’s Republic of China shall disclose to any individual who downloads or otherwise uses such website or application, in a clear and conspicuous manner, the following: (1) That such information is stored and maintained in the People’s Republic of China. (2) Whether the Chinese Communist Party or a Chinese State-owned entity has access to such information. (b) False information It shall be unlawful for a person required to disclose information under subsection (a) to knowingly disclose false information under such subsection. 3. Enforcement (a) Unfair or deceptive acts or practices A violation of this Act 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) ). (b) Powers of Federal Trade Commission (1) In general The Federal Trade 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. ) were incorporated into and made a part of this Act. (2) Privileges and immunities Any person that violates this Act 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. ).
1,753
[ "Energy and Commerce Committee" ]
118hr301ih
118
hr
301
ih
To amend the State Department Basic Authorities Act of 1956 to authorize rewards regarding the identification of credible information regarding the origins of COVID–19, and for other purposes.
[ { "text": "1. Short title \nThis Act may be cited as the Unmasking the Origins of COVID–19 Act.", "id": "H758401838B314EAD943D9DE249D660F1", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Authorization for reward \nSubsection (b) of section 36 of the State Department Basic Authorities Act of 1956 ( 22 U.S.C. 2708 ) is amended— (1) in paragraph (12), by striking or after the semicolon at the end; (2) in paragraph (13), by striking the period at the end and inserting ; or ; and (3) by adding at the end the following new paragraph: (14) the identification of— (A) the origins of COVID–19; (B) any person or entity involved in the coverup of the origins of COVID–19; or (C) nonpublic information related to gain of function research conducted at or in connection with Chinese laboratories, including the Wuhan Institute of Virology, with respect to coronaviruses, that has been covered up by the Government of the People’s Republic of China or the Chinese Communist Party..", "id": "H9CA2BD8C162548D3ADF6C8C0F66232F9", "header": "Authorization for reward", "nested": [], "links": [ { "text": "22 U.S.C. 2708", "legal-doc": "usc", "parsable-cite": "usc/22/2708" } ] } ]
2
1. Short title This Act may be cited as the Unmasking the Origins of COVID–19 Act. 2. Authorization for reward Subsection (b) of section 36 of the State Department Basic Authorities Act of 1956 ( 22 U.S.C. 2708 ) is amended— (1) in paragraph (12), by striking or after the semicolon at the end; (2) in paragraph (13), by striking the period at the end and inserting ; or ; and (3) by adding at the end the following new paragraph: (14) the identification of— (A) the origins of COVID–19; (B) any person or entity involved in the coverup of the origins of COVID–19; or (C) nonpublic information related to gain of function research conducted at or in connection with Chinese laboratories, including the Wuhan Institute of Virology, with respect to coronaviruses, that has been covered up by the Government of the People’s Republic of China or the Chinese Communist Party..
873
[ "Foreign Affairs Committee" ]
118hr402ih
118
hr
402
ih
To provide for the mandatory detention of aliens who are security risks or present insufficient or false credentials, and for other purposes.
[ { "text": "1. Short title \nThis Act may be cited as the Protect Communities from a Porous Border Act of 2023.", "id": "HD8CDD54254BA424EA50A7F6E1BEA7413", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Notification of in-State detention, housing, or transfer of non-asylum applicant aliens \n(a) In general \nThe Secretary of Homeland Security shall notify the Governor of a State of the Secretary of Homeland Security’s intent to detain or house an alien in any public or private facility in that State, or transfer financial or other responsibility for an alien to any public or private entity in that State, and provide the certification required by subsection (b) no fewer than 10 business days prior to the proposed date of detention, housing, or transfer. (b) Required certification and information for alien fitness \nThe Secretary of Homeland Security shall provide the following certification and information simultaneous to the alien detention, housing, or transfer notification required in subsection (a): (1) That appropriate biographic and biometric information, including fingerprints and DNA, has been collected from each alien, and that such biographic and biometric information has been shared with the State government. (2) That each alien’s biographic and biometric information has been cross-checked with the Federal Bureau of Investigation’s Uniform Crime Database (UCR) and Combined DNA Index System (CODIS), the National Crime Information Center (NCIC), and other appropriate Federal and non-Federal domestic law enforcement and counterterrorism databases, and that such alien was not detected in any of those databases. (3) That each alien’s biographic and biometric information has been cross-checked with the International Criminal Police Organization’s INTERPOL database and other appropriate international law enforcement and counterterrorism databases, and that such alien was not detected in any of those databases. (4) Any information pertaining to the alien that was detected during a database check described in this subsection. (c) General applicability to aliens \nThe requirements of subsections (a) and (b) shall be required for the attempted detention, housing, or transfer of— (1) any alien who is admitted pursuant to the U.S. Refugee Admissions Program or any other Federal refugee relief or resettlement program; (2) any alien who is paroled by any Federal official into the United States or humanitarian or other reason; and (3) any alien who is deemed by any Federal official to be an unaccompanied alien child (as such term is defined in section 462 of the Homeland Security Act of 2002 ( 6 U.S.C. 279 )). (d) No Federal court jurisdiction \nNo Federal court shall have jurisdiction to review any of the requirements or procedures established either pursuant to this section or pursuant to any regulation promulgated under the authority of this section.", "id": "H1C1985C4416C4E8BAA2C8B46F2C78EB7", "header": "Notification of in-State detention, housing, or transfer of non-asylum applicant aliens", "nested": [ { "text": "(a) In general \nThe Secretary of Homeland Security shall notify the Governor of a State of the Secretary of Homeland Security’s intent to detain or house an alien in any public or private facility in that State, or transfer financial or other responsibility for an alien to any public or private entity in that State, and provide the certification required by subsection (b) no fewer than 10 business days prior to the proposed date of detention, housing, or transfer.", "id": "H468D9EE975584728B4664424EA55EC68", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Required certification and information for alien fitness \nThe Secretary of Homeland Security shall provide the following certification and information simultaneous to the alien detention, housing, or transfer notification required in subsection (a): (1) That appropriate biographic and biometric information, including fingerprints and DNA, has been collected from each alien, and that such biographic and biometric information has been shared with the State government. (2) That each alien’s biographic and biometric information has been cross-checked with the Federal Bureau of Investigation’s Uniform Crime Database (UCR) and Combined DNA Index System (CODIS), the National Crime Information Center (NCIC), and other appropriate Federal and non-Federal domestic law enforcement and counterterrorism databases, and that such alien was not detected in any of those databases. (3) That each alien’s biographic and biometric information has been cross-checked with the International Criminal Police Organization’s INTERPOL database and other appropriate international law enforcement and counterterrorism databases, and that such alien was not detected in any of those databases. (4) Any information pertaining to the alien that was detected during a database check described in this subsection.", "id": "H273B87152B084E5780B792C74CC0CB54", "header": "Required certification and information for alien fitness", "nested": [], "links": [] }, { "text": "(c) General applicability to aliens \nThe requirements of subsections (a) and (b) shall be required for the attempted detention, housing, or transfer of— (1) any alien who is admitted pursuant to the U.S. Refugee Admissions Program or any other Federal refugee relief or resettlement program; (2) any alien who is paroled by any Federal official into the United States or humanitarian or other reason; and (3) any alien who is deemed by any Federal official to be an unaccompanied alien child (as such term is defined in section 462 of the Homeland Security Act of 2002 ( 6 U.S.C. 279 )).", "id": "H8FC711F1A15F437AAE29256EE10292B7", "header": "General applicability to aliens", "nested": [], "links": [ { "text": "6 U.S.C. 279", "legal-doc": "usc", "parsable-cite": "usc/6/279" } ] }, { "text": "(d) No Federal court jurisdiction \nNo Federal court shall have jurisdiction to review any of the requirements or procedures established either pursuant to this section or pursuant to any regulation promulgated under the authority of this section.", "id": "HFA988C3706CA4B9FA7DFC58BF610EAAD", "header": "No Federal court jurisdiction", "nested": [], "links": [] } ], "links": [ { "text": "6 U.S.C. 279", "legal-doc": "usc", "parsable-cite": "usc/6/279" } ] }, { "text": "3. Prohibition on in-State detention, housing, or transfer of non-asylum applicant aliens \n(a) In general \nThe Governor of a State shall have plenary and final authority to determine whether to permit the Secretary of Homeland Security to detain or house an alien in any public or private facility in that State, or transfer financial or other responsibility for an alien to any public or private entity in that State. (b) Prohibition on detention, housing, or transfer \nUpon the notification required by section 3, the Governor of a State may, at the Governor’s discretion and subsequent to consultation with local officials (including city or county chief executives, city or county law enforcement agency heads, and city or county council members), decline the Secretary’s proposal to detain or house an alien in any public or private facility in that State, or transfer financial or other responsibility for an alien to any public or private entity in that State. (c) Parameters of regulations governing in-State detention, housing, and transfer of non-Asylum applicant aliens \nRegulations pursuant to this section shall not in any way limit or restrict the provisions of this section, but shall be limited to the following areas: (1) The format and method of the Secretary’s notification to a Governor regarding the Secretary’s intent to place an alien in any public or private facility in that State. (2) The use of additional Federal, non-Federal, and international law enforcement and counterterrorism databases for pre-placement alien screening. (d) No Federal court jurisdiction \nNo Federal court shall have jurisdiction to review any decision made by the Governor of a State pursuant to this section.", "id": "HCE2D9E87BDE14D4C94D32FB41214A7BD", "header": "Prohibition on in-State detention, housing, or transfer of non-asylum applicant aliens", "nested": [ { "text": "(a) In general \nThe Governor of a State shall have plenary and final authority to determine whether to permit the Secretary of Homeland Security to detain or house an alien in any public or private facility in that State, or transfer financial or other responsibility for an alien to any public or private entity in that State.", "id": "H2FA93C9D7FDF4EE68A359FA81FD615EC", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Prohibition on detention, housing, or transfer \nUpon the notification required by section 3, the Governor of a State may, at the Governor’s discretion and subsequent to consultation with local officials (including city or county chief executives, city or county law enforcement agency heads, and city or county council members), decline the Secretary’s proposal to detain or house an alien in any public or private facility in that State, or transfer financial or other responsibility for an alien to any public or private entity in that State.", "id": "H25B550BE7F4E42EFA3DA1DC055866E14", "header": "Prohibition on detention, housing, or transfer", "nested": [], "links": [] }, { "text": "(c) Parameters of regulations governing in-State detention, housing, and transfer of non-Asylum applicant aliens \nRegulations pursuant to this section shall not in any way limit or restrict the provisions of this section, but shall be limited to the following areas: (1) The format and method of the Secretary’s notification to a Governor regarding the Secretary’s intent to place an alien in any public or private facility in that State. (2) The use of additional Federal, non-Federal, and international law enforcement and counterterrorism databases for pre-placement alien screening.", "id": "HB7EE448CB4024C7EB129D33C2F08813A", "header": "Parameters of regulations governing in-State detention, housing, and transfer of non-Asylum applicant aliens", "nested": [], "links": [] }, { "text": "(d) No Federal court jurisdiction \nNo Federal court shall have jurisdiction to review any decision made by the Governor of a State pursuant to this section.", "id": "HD3D8230896114FDFB8E0653C7547E3B2", "header": "No Federal court jurisdiction", "nested": [], "links": [] } ], "links": [] }, { "text": "4. No waiver authority \nNeither the Secretary of Homeland Security nor any other Federal official shall have the authority to waive any of the requirements established in this Act.", "id": "HCBCB2E91769C4054B23D3DF17F3F3B37", "header": "No waiver authority", "nested": [], "links": [] } ]
4
1. Short title This Act may be cited as the Protect Communities from a Porous Border Act of 2023. 2. Notification of in-State detention, housing, or transfer of non-asylum applicant aliens (a) In general The Secretary of Homeland Security shall notify the Governor of a State of the Secretary of Homeland Security’s intent to detain or house an alien in any public or private facility in that State, or transfer financial or other responsibility for an alien to any public or private entity in that State, and provide the certification required by subsection (b) no fewer than 10 business days prior to the proposed date of detention, housing, or transfer. (b) Required certification and information for alien fitness The Secretary of Homeland Security shall provide the following certification and information simultaneous to the alien detention, housing, or transfer notification required in subsection (a): (1) That appropriate biographic and biometric information, including fingerprints and DNA, has been collected from each alien, and that such biographic and biometric information has been shared with the State government. (2) That each alien’s biographic and biometric information has been cross-checked with the Federal Bureau of Investigation’s Uniform Crime Database (UCR) and Combined DNA Index System (CODIS), the National Crime Information Center (NCIC), and other appropriate Federal and non-Federal domestic law enforcement and counterterrorism databases, and that such alien was not detected in any of those databases. (3) That each alien’s biographic and biometric information has been cross-checked with the International Criminal Police Organization’s INTERPOL database and other appropriate international law enforcement and counterterrorism databases, and that such alien was not detected in any of those databases. (4) Any information pertaining to the alien that was detected during a database check described in this subsection. (c) General applicability to aliens The requirements of subsections (a) and (b) shall be required for the attempted detention, housing, or transfer of— (1) any alien who is admitted pursuant to the U.S. Refugee Admissions Program or any other Federal refugee relief or resettlement program; (2) any alien who is paroled by any Federal official into the United States or humanitarian or other reason; and (3) any alien who is deemed by any Federal official to be an unaccompanied alien child (as such term is defined in section 462 of the Homeland Security Act of 2002 ( 6 U.S.C. 279 )). (d) No Federal court jurisdiction No Federal court shall have jurisdiction to review any of the requirements or procedures established either pursuant to this section or pursuant to any regulation promulgated under the authority of this section. 3. Prohibition on in-State detention, housing, or transfer of non-asylum applicant aliens (a) In general The Governor of a State shall have plenary and final authority to determine whether to permit the Secretary of Homeland Security to detain or house an alien in any public or private facility in that State, or transfer financial or other responsibility for an alien to any public or private entity in that State. (b) Prohibition on detention, housing, or transfer Upon the notification required by section 3, the Governor of a State may, at the Governor’s discretion and subsequent to consultation with local officials (including city or county chief executives, city or county law enforcement agency heads, and city or county council members), decline the Secretary’s proposal to detain or house an alien in any public or private facility in that State, or transfer financial or other responsibility for an alien to any public or private entity in that State. (c) Parameters of regulations governing in-State detention, housing, and transfer of non-Asylum applicant aliens Regulations pursuant to this section shall not in any way limit or restrict the provisions of this section, but shall be limited to the following areas: (1) The format and method of the Secretary’s notification to a Governor regarding the Secretary’s intent to place an alien in any public or private facility in that State. (2) The use of additional Federal, non-Federal, and international law enforcement and counterterrorism databases for pre-placement alien screening. (d) No Federal court jurisdiction No Federal court shall have jurisdiction to review any decision made by the Governor of a State pursuant to this section. 4. No waiver authority Neither the Secretary of Homeland Security nor any other Federal official shall have the authority to waive any of the requirements established in this Act.
4,686
[ "Judiciary Committee" ]
118hr6496ih
118
hr
6,496
ih
To require the Administrator of the Pipeline and Hazardous Materials Safety Administration to apply the final rule relating to valve installation and minimum rupture detection standards to Type A gas gathering lines, and for other purposes.
[ { "text": "1. Short title \nThis Act may be cited as the Valve Safety Fairness Act of 2023.", "id": "H9959269F64664A0F96D2C8B57645C824", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Application of rule to Type A gas gathering lines \nThe Administrator of the Pipeline and Hazardous Materials Safety Administration shall take such actions as are necessary to apply the final rule of the Administration, titled Pipeline Safety: Requirement of Valve Installation and Minimum Rupture Detection Standards and published on April 8, 2022 (87 Fed. Reg. 20940), to Type A gas gathering lines.", "id": "HD385A7202E264C90A25CADE6A508EE56", "header": "Application of rule to Type A gas gathering lines", "nested": [], "links": [] } ]
2
1. Short title This Act may be cited as the Valve Safety Fairness Act of 2023. 2. Application of rule to Type A gas gathering lines The Administrator of the Pipeline and Hazardous Materials Safety Administration shall take such actions as are necessary to apply the final rule of the Administration, titled Pipeline Safety: Requirement of Valve Installation and Minimum Rupture Detection Standards and published on April 8, 2022 (87 Fed. Reg. 20940), to Type A gas gathering lines.
483
[ "Energy and Commerce Committee", "Transportation and Infrastructure Committee" ]
118hr448ih
118
hr
448
ih
To amend the Securities Exchange Act of 1934 to require the registration of proxy advisory firms, and for other purposes.
[ { "text": "1. Short title \nThis Act may be cited as the Putting Investors First Act of 2023.", "id": "H307907725C914275B67830C82D238762", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Definitions \n(a) In general \nIn this Act: (1) Commission \nThe term Commission means the Securities and Exchange Commission. (2) Proxy advisory firm \nThe term proxy advisory firm has the meaning given the term in paragraph (81) of section 3(a) of the Securities Exchange Act of 1934 ( 15 U.S.C. 78c(a) ), as added by this Act. (3) State \nThe term State has the meaning given the term in section 3(a) of the Securities Exchange Act of 1934 ( 15 U.S.C. 78c(a) ). (b) Securities Exchange Act of 1934 definitions \nSection 3(a) of the Securities Exchange Act of 1934 ( 15 U.S.C. 78c(a) ) is amended by adding at the end the following: (81) Proxy advisory firm \nThe term proxy advisory firm — (A) means any person who is primarily engaged in the business of providing proxy voting advice, research, analysis, ratings, or recommendations to clients, which conduct constitutes a solicitation within the meaning of section 14; and (B) does not include any person that is exempt under law or regulation from the requirements otherwise applicable to persons engaged in such a solicitation. (82) Person associated with a proxy advisory firm \nThe term person associated with a proxy advisory firm— (A) means— (i) any partner, officer, or director of a proxy advisory firm (or any person occupying a similar status or performing similar functions); (ii) any person directly or indirectly controlling, controlled by, or under common control with a proxy advisory firm; (iii) any employee of a proxy advisory firm; or (iv) any person the Commission determines by rule is controlled by a proxy advisory firm; and (B) does not include any person that performs clerical or ministerial functions with respect to a proxy advisory firm..", "id": "H439A919B54AB41CC85E4F7724B6E3EB2", "header": "Definitions", "nested": [ { "text": "(a) In general \nIn this Act: (1) Commission \nThe term Commission means the Securities and Exchange Commission. (2) Proxy advisory firm \nThe term proxy advisory firm has the meaning given the term in paragraph (81) of section 3(a) of the Securities Exchange Act of 1934 ( 15 U.S.C. 78c(a) ), as added by this Act. (3) State \nThe term State has the meaning given the term in section 3(a) of the Securities Exchange Act of 1934 ( 15 U.S.C. 78c(a) ).", "id": "H80FDB108760C46EBB6DB2E4684D2DCCB", "header": "In general", "nested": [], "links": [ { "text": "15 U.S.C. 78c(a)", "legal-doc": "usc", "parsable-cite": "usc/15/78c" }, { "text": "15 U.S.C. 78c(a)", "legal-doc": "usc", "parsable-cite": "usc/15/78c" } ] }, { "text": "(b) Securities Exchange Act of 1934 definitions \nSection 3(a) of the Securities Exchange Act of 1934 ( 15 U.S.C. 78c(a) ) is amended by adding at the end the following: (81) Proxy advisory firm \nThe term proxy advisory firm — (A) means any person who is primarily engaged in the business of providing proxy voting advice, research, analysis, ratings, or recommendations to clients, which conduct constitutes a solicitation within the meaning of section 14; and (B) does not include any person that is exempt under law or regulation from the requirements otherwise applicable to persons engaged in such a solicitation. (82) Person associated with a proxy advisory firm \nThe term person associated with a proxy advisory firm— (A) means— (i) any partner, officer, or director of a proxy advisory firm (or any person occupying a similar status or performing similar functions); (ii) any person directly or indirectly controlling, controlled by, or under common control with a proxy advisory firm; (iii) any employee of a proxy advisory firm; or (iv) any person the Commission determines by rule is controlled by a proxy advisory firm; and (B) does not include any person that performs clerical or ministerial functions with respect to a proxy advisory firm..", "id": "HDF831869C7AA4353A7DCECC8A70C83AF", "header": "Securities Exchange Act of 1934 definitions", "nested": [], "links": [ { "text": "15 U.S.C. 78c(a)", "legal-doc": "usc", "parsable-cite": "usc/15/78c" } ] } ], "links": [ { "text": "15 U.S.C. 78c(a)", "legal-doc": "usc", "parsable-cite": "usc/15/78c" }, { "text": "15 U.S.C. 78c(a)", "legal-doc": "usc", "parsable-cite": "usc/15/78c" }, { "text": "15 U.S.C. 78c(a)", "legal-doc": "usc", "parsable-cite": "usc/15/78c" } ] }, { "text": "3. Registration of proxy advisory firms \n(a) Amendment \nThe Securities Exchange Act of 1934 ( 15 U.S.C. 78a et seq. ) is amended by inserting after section 15G the following new section: 15H. Registration of proxy advisory firms \n(a) Conduct prohibited \nIt shall be unlawful for a proxy advisory firm to make use of the mails or any means or instrumentality of interstate commerce to provide proxy voting advice, research, analysis, ratings or recommendations to any client, unless such proxy advisory firm is registered under this section. (b) Registration procedures \n(1) Application for registration \n(A) In general \nA proxy advisory firm shall file with the Commission an application for registration, in such form as the Commission shall require, by rule or regulation, and containing the information described in subparagraph (B). (B) Required information \nAn application for registration under this section shall contain information regarding— (i) a certification that the applicant is able to consistently provide proxy advice based on accurate information; (ii) the procedures and methodologies that the applicant uses in developing proxy voting recommendations; (iii) the organizational structure of the applicant; (iv) whether or not the applicant has in effect a code of ethics, and if not, the reasons therefor; (v) any potential or actual conflict of interest relating to the provision of proxy advisory services, including those arising out of or resulting from the ownership structure of the applicant or the provision of other services by the applicant or any person associated with the applicant; (vi) the policies and procedures in place to publicly disclose and manage conflicts of interest under subsection (f); (vii) information related to the professional and academic qualifications of staff tasked with providing proxy advisory services; and (viii) any other information and documents concerning the applicant and any person associated with such applicant as the Commission, by rule, may prescribe as necessary or appropriate in the public interest or for the protection of investors. (2) Review of application \n(A) Initial determination \nNot later than 90 days after the date on which the application for registration is filed with the Commission under paragraph (1) (or within such longer period as to which the applicant consents) the Commission shall— (i) by order, grant registration; or (ii) institute proceedings to determine whether registration should be denied. (B) Conduct of proceedings \n(i) Content \nProceedings referred to in subparagraph (A)(ii) shall— (I) include notice of the grounds for denial under consideration and an opportunity for hearing; and (II) be concluded not later than 120 days after the date on which the application for registration is filed with the Commission under paragraph (1). (ii) Determination \nAt the conclusion of such proceedings, the Commission, by order, shall grant or deny such application for registration. (iii) Extension authorized \nThe Commission may extend the time for conclusion of such proceedings for not longer than 90 days, if the Commission finds good cause for such extension and publishes its reasons for so finding, or for such longer period as to which the applicant consents. (C) Grounds for decision \nThe Commission shall grant registration under this subsection— (i) if the Commission finds that the requirements of this section are satisfied; and (ii) unless the Commission finds (in which case the Commission shall deny such registration) that— (I) the applicant has failed to certify to the Commission’s satisfaction that it is able to consistently provide proxy advice based on accurate information and to materially comply with the procedures and methodologies disclosed under paragraph (1)(B) and with subsections (f) and (g); or (II) if the applicant were so registered, its registration would be subject to suspension or revocation under subsection (d). (3) Public availability of information \nSubject to section 24, the Commission shall make the information and documents submitted to the Commission by a proxy advisory firm in its completed application for registration, or in any amendment submitted under paragraph (1) or (2) of subsection (c), publicly available on the Commission’s website, or through another comparable, readily accessible means. (c) Update of registration \n(1) Update \nEach registered proxy advisory firm shall promptly amend and update its application for registration under this section if any information or document provided therein becomes materially inaccurate, except that a registered proxy advisory firm is not required to amend the information required to be filed under subsection (b)(1)(B)(i) by filing information under this paragraph, but shall amend such information in the annual submission of the organization under paragraph (2) of this subsection. (2) Certification \nNot later than 90 calendar days after the end of each calendar year, each registered proxy advisory firm shall file with the Commission an amendment to its registration, in such form as the Commission, by rule, may prescribe as necessary or appropriate in the public interest or for the protection of investors— (A) certifying that the information and documents in the application for registration of such registered proxy advisory firm continue to be accurate in all material respects; and (B) listing any material change that occurred to such information or documents during the previous calendar year. (d) Censure, denial, or suspension of registration; notice and hearing \nThe Commission, by order, shall censure, place limitations on the activities, functions, or operations of, suspend for a period not exceeding 12 months, or revoke the registration of any registered proxy advisory firm if the Commission finds, on the record after notice and opportunity for hearing, that such censure, placing of limitations, suspension, or revocation is necessary for the protection of investors and in the public interest and that such registered proxy advisory firm, or any person associated with such an organization, whether prior to or subsequent to becoming so associated— (1) has committed or omitted any act, or is subject to an order or finding, enumerated in subparagraph (A), (D), (E), (H), or (G) of section 15(b)(4), has been convicted of any offense specified in section 15(b)(4)(B), or is enjoined from any action, conduct, or practice specified in subparagraph (C) of section 15(b)(4), during the 10-year period preceding the date of commencement of the proceedings under this subsection, or at any time thereafter; (2) has been convicted during the 10-year period preceding the date on which an application for registration is filed with the Commission under this section, or at any time thereafter, of— (A) any crime that is punishable by imprisonment for 1 or more years, and that is not described in section 15(b)(4)(B); or (B) a substantially equivalent crime by a foreign court of competent jurisdiction; (3) is subject to any order of the Commission barring or suspending the right of the person to be associated with a registered proxy advisory firm; (4) fails to furnish the certifications required under subsections (b)(2)(C)(ii)(I) and (c)(2); (5) has engaged in one or more prohibited acts enumerated in paragraph (1); (6) fails to maintain adequate financial and managerial resources to consistently offer advisory services with integrity, including by failing to comply with subsection (f) or (g); or (7) engages in a prohibited act enumerated in subsection (j). (e) Termination of registration \n(1) Voluntary withdrawal \nA registered proxy advisory firm may, upon such terms and conditions as the Commission may establish as necessary in the public interest or for the protection of investors, which terms and conditions shall include at a minimum that the registered proxy advisory firm will no longer conduct such activities as to bring it within the definition of proxy advisory firm in section 3(a)(81), withdraw from registration by filing a written notice of withdrawal to the Commission. (2) Commission authority \nIn addition to any other authority of the Commission under this title, if the Commission finds that a registered proxy advisory firm is no longer in existence or has ceased to do business as a proxy advisory firm, the Commission, by order, shall cancel the registration under this section of such registered proxy advisory firm. (f) Management of conflicts of interest \n(1) Organization policies and procedures \nEach registered proxy advisory firm shall establish, maintain, and enforce written policies and procedures reasonably designed, taking into consideration the nature of the business of such registered proxy advisory firm and associated persons, to publicly disclose and manage any conflicts of interest that arise or would reasonably be expected to arise from such business. (2) Commission authority \nThe Commission shall, within one year of enactment, issue final rules to prohibit, or require the management and public disclosure of, any conflicts of interest relating to the offering of proxy advisory services by a registered proxy advisory firm, including, without limitation, conflicts of interest relating to— (A) the manner in which a registered proxy advisory firm is compensated by the client, any affiliate of the client, or any other person for providing proxy advisory services; (B) business relationships, ownership interests, or any other financial or personal interests between a registered proxy advisory firm, or any person associated with such registered proxy advisory firm, and any client, or any affiliate of such client; (C) the formulation of proxy voting policies; (D) the execution, or assistance with the execution, of proxy votes if such votes are based upon recommendations made by the proxy advisory firm in which a person other than the issuer is a proponent; and (E) any other potential conflict of interest, as the Commission deems necessary or appropriate in the public interest or for the protection of investors. (3) Disclosure \nEach registered proxy advisory firm shall annually disclose to the Commission and make publicly available the economic and other factors that a reasonable investor would expect to influence the recommendations of such proxy advisory firm, including the ownership composition of such proxy advisory firm. (g) Reliability of proxy advisory firm services \n(1) In general \nEach registered proxy advisory firm shall— (A) have staff and other resources sufficient to produce proxy voting recommendations that are based on accurate and current information; (B) implement procedures that permit issuers that are the subject of proxy voting recommendations— (i) access in a reasonable time to data and information used to make recommendations; and (ii) a reasonable opportunity to provide meaningful comment and corrections to such data and information, including the opportunity to present (in person or telephonically) details to the person responsible for developing such data and information prior to the publication of proxy voting recommendations to clients; and (C) employ an ombudsman to receive complaints about the accuracy of information used in making recommendations from the subjects of the proxy advisory firm’s voting recommendations and seek to resolve those complaints in a timely fashion and prior to the publication of proxy voting recommendations to clients; (D) if such ombudsman is unable to resolve such complaints prior to the publication of proxy voting recommendations to clients, include in the final report of the firm to clients a statement detailing its complaints, if requested in writing by the company; and (E) provide to clients receiving proxy advisory firm recommendations— (i) information demonstrating that draft recommendations (other than recommendations relating to an issuer-sponsored proposal or recommendations consistent with that of the majority of the board of directors of the issuer) are in the best economic interest of shareholders; and (ii) a certification by the chief executive officer, chief financial officer, and the primary executive responsible for overseeing the compilation and dissemination of proxy voting advice that the draft recommendations (other than recommendations relating to an issuer-sponsored proposal or recommendations consistent with that of the majority of the board of directors of the issuer)— (I) are based on internal controls and procedures that are designed to ensure accurate information; (II) do not violate applicable State or Federal law; and (III) prioritize economic returns to shareholders. (2) Definitions \nIn this subsection: (A) Data and information used to make recommendations \nThe term data and information used to make voting recommendations — (i) means the financial, operational, or descriptive data and information on an issuer used by proxy advisory firms and any contextual or substantive analysis impacting the recommendation; and (ii) does not include the entirety of the proxy advisory firm’s final report to its clients. (B) Reasonable time \nThe term reasonable time — (i) means not less than 1 week before the publication of proxy voting recommendations for clients, unless otherwise defined through a final rule issued by the Commission; and (ii) shall not otherwise interfere with a proxy advisory firm’s ability to provide its clients with timely access to accurate proxy voting research, analysis, or recommendations. (h) Private right of action with respect to illegal recommendations \nAny proxy advisory firm that endorses a proposal that is not supported by the issuer but is approved and subsequently found by a court of competent jurisdiction to violate State or Federal law shall be liable to the applicable issuer for the costs associated with the approval of such proposal, including implementation costs and any penalties incurred by the issuer. (i) Designation of compliance officer \nEach registered proxy advisory firm shall designate an individual who reports directly to senior management as responsible for administering the policies and procedures that are required to be established pursuant to subsections (f) and (g), and for ensuring compliance with the securities laws and the rules and regulations thereunder, including those promulgated by the Commission pursuant to this section. (j) Prohibited conduct \n(1) Prohibited acts and practices \nNot later than one year after the date of enactment of this section, the Commission shall issue final rules to prohibit any act or practice relating to the offering of proxy advisory services by a registered proxy advisory firm that the Commission determines to be unfair, coercive, or abusive, including any act or practice relating to— (A) advisory or consulting services (offered directly or indirectly, including through an affiliate) related to corporate governance issues; or (B) modifying a voting recommendation or otherwise departing from its adopted systematic procedures and methodologies in the provision of proxy advisory services, based on whether an issuer, or affiliate thereof, subscribes or will subscribe to other services or product of the registered proxy advisory firm or any person associated with such organization. (2) Rule of construction \nNothing in paragraph (1), or in any rules or regulations adopted thereunder, may be construed to modify, impair, or supersede the operation of any of the antitrust laws (as defined in the first section of the Clayton Act, except that such term includes section 5 of the Federal Trade Commission Act, to the extent that such section 5 applies to unfair methods of competition). (k) Statements of financial condition \nEach registered proxy advisory firm shall, on a confidential basis, file with the Commission, at intervals determined by the Commission, such financial statements, certified (if required by the rules or regulations of the Commission) by an independent public auditor, and information concerning its financial condition, as the Commission, by rule, may prescribe as necessary or appropriate in the public interest or for the protection of investors. (l) Annual report \nEach registered proxy advisory firm shall, at the beginning of each fiscal year of such firm, report to the Commission on the number of— (1) shareholder proposals its staff reviewed in the prior fiscal year; (2) recommendations made in the prior fiscal year; (3) staff who reviewed and made recommendations on such proposals in the prior fiscal year (and the qualifications of such staff); and (4) recommendations made in the prior fiscal year where the proponent of such recommendation was a client of or received services from the proxy advisory firm. (m) Transparent policies \nEach registered proxy advisory firm shall file with the Commission and make publicly available its methodology for the formulation of proxy voting policies and voting recommendations. (n) Rules of construction \nRegistration under and compliance with this section does not constitute a waiver of, or otherwise diminish, any right, privilege, or defense that a registered proxy advisory firm may otherwise have under any provision of State or Federal law, including any rule, regulation, or order thereunder. (o) Regulations \n(1) New provisions \nSuch rules and regulations as are required by this section or are otherwise necessary to carry out this section, including the application form required under subsection (a)— (A) shall be issued by the Commission, not later than 180 days after the date of enactment of this section; and (B) shall become effective not later than 1 year after the date of enactment of this section. (2) Review of existing regulations \nNot later than 270 days after the date of enactment of this section, the Commission shall— (A) review its existing rules and regulations which affect the operations of proxy advisory firms; and (B) amend or revise such rules and regulations in accordance with the purposes of this section, and issue such guidance as the Commission may prescribe as necessary or appropriate in the public interest or for the protection of investors. (p) Applicability \nThis section, other than subsection (n), which shall apply on the date of enactment of this section, shall apply on the earlier of— (1) the date on which regulations are issued in final form under subsection (o)(1); or (2) 270 days after the date of enactment of this section.. (b) Conforming amendment \nSection 17(a)(1) of the Securities Exchange Act of 1934 ( 15 U.S.C. 78q(a)(1) ) is amended by inserting proxy advisory firm, after nationally recognized statistical rating organization,.", "id": "H4F82C6D942EE4A8B88A1F9C620532F7A", "header": "Registration of proxy advisory firms", "nested": [ { "text": "(a) Amendment \nThe Securities Exchange Act of 1934 ( 15 U.S.C. 78a et seq. ) is amended by inserting after section 15G the following new section: 15H. Registration of proxy advisory firms \n(a) Conduct prohibited \nIt shall be unlawful for a proxy advisory firm to make use of the mails or any means or instrumentality of interstate commerce to provide proxy voting advice, research, analysis, ratings or recommendations to any client, unless such proxy advisory firm is registered under this section. (b) Registration procedures \n(1) Application for registration \n(A) In general \nA proxy advisory firm shall file with the Commission an application for registration, in such form as the Commission shall require, by rule or regulation, and containing the information described in subparagraph (B). (B) Required information \nAn application for registration under this section shall contain information regarding— (i) a certification that the applicant is able to consistently provide proxy advice based on accurate information; (ii) the procedures and methodologies that the applicant uses in developing proxy voting recommendations; (iii) the organizational structure of the applicant; (iv) whether or not the applicant has in effect a code of ethics, and if not, the reasons therefor; (v) any potential or actual conflict of interest relating to the provision of proxy advisory services, including those arising out of or resulting from the ownership structure of the applicant or the provision of other services by the applicant or any person associated with the applicant; (vi) the policies and procedures in place to publicly disclose and manage conflicts of interest under subsection (f); (vii) information related to the professional and academic qualifications of staff tasked with providing proxy advisory services; and (viii) any other information and documents concerning the applicant and any person associated with such applicant as the Commission, by rule, may prescribe as necessary or appropriate in the public interest or for the protection of investors. (2) Review of application \n(A) Initial determination \nNot later than 90 days after the date on which the application for registration is filed with the Commission under paragraph (1) (or within such longer period as to which the applicant consents) the Commission shall— (i) by order, grant registration; or (ii) institute proceedings to determine whether registration should be denied. (B) Conduct of proceedings \n(i) Content \nProceedings referred to in subparagraph (A)(ii) shall— (I) include notice of the grounds for denial under consideration and an opportunity for hearing; and (II) be concluded not later than 120 days after the date on which the application for registration is filed with the Commission under paragraph (1). (ii) Determination \nAt the conclusion of such proceedings, the Commission, by order, shall grant or deny such application for registration. (iii) Extension authorized \nThe Commission may extend the time for conclusion of such proceedings for not longer than 90 days, if the Commission finds good cause for such extension and publishes its reasons for so finding, or for such longer period as to which the applicant consents. (C) Grounds for decision \nThe Commission shall grant registration under this subsection— (i) if the Commission finds that the requirements of this section are satisfied; and (ii) unless the Commission finds (in which case the Commission shall deny such registration) that— (I) the applicant has failed to certify to the Commission’s satisfaction that it is able to consistently provide proxy advice based on accurate information and to materially comply with the procedures and methodologies disclosed under paragraph (1)(B) and with subsections (f) and (g); or (II) if the applicant were so registered, its registration would be subject to suspension or revocation under subsection (d). (3) Public availability of information \nSubject to section 24, the Commission shall make the information and documents submitted to the Commission by a proxy advisory firm in its completed application for registration, or in any amendment submitted under paragraph (1) or (2) of subsection (c), publicly available on the Commission’s website, or through another comparable, readily accessible means. (c) Update of registration \n(1) Update \nEach registered proxy advisory firm shall promptly amend and update its application for registration under this section if any information or document provided therein becomes materially inaccurate, except that a registered proxy advisory firm is not required to amend the information required to be filed under subsection (b)(1)(B)(i) by filing information under this paragraph, but shall amend such information in the annual submission of the organization under paragraph (2) of this subsection. (2) Certification \nNot later than 90 calendar days after the end of each calendar year, each registered proxy advisory firm shall file with the Commission an amendment to its registration, in such form as the Commission, by rule, may prescribe as necessary or appropriate in the public interest or for the protection of investors— (A) certifying that the information and documents in the application for registration of such registered proxy advisory firm continue to be accurate in all material respects; and (B) listing any material change that occurred to such information or documents during the previous calendar year. (d) Censure, denial, or suspension of registration; notice and hearing \nThe Commission, by order, shall censure, place limitations on the activities, functions, or operations of, suspend for a period not exceeding 12 months, or revoke the registration of any registered proxy advisory firm if the Commission finds, on the record after notice and opportunity for hearing, that such censure, placing of limitations, suspension, or revocation is necessary for the protection of investors and in the public interest and that such registered proxy advisory firm, or any person associated with such an organization, whether prior to or subsequent to becoming so associated— (1) has committed or omitted any act, or is subject to an order or finding, enumerated in subparagraph (A), (D), (E), (H), or (G) of section 15(b)(4), has been convicted of any offense specified in section 15(b)(4)(B), or is enjoined from any action, conduct, or practice specified in subparagraph (C) of section 15(b)(4), during the 10-year period preceding the date of commencement of the proceedings under this subsection, or at any time thereafter; (2) has been convicted during the 10-year period preceding the date on which an application for registration is filed with the Commission under this section, or at any time thereafter, of— (A) any crime that is punishable by imprisonment for 1 or more years, and that is not described in section 15(b)(4)(B); or (B) a substantially equivalent crime by a foreign court of competent jurisdiction; (3) is subject to any order of the Commission barring or suspending the right of the person to be associated with a registered proxy advisory firm; (4) fails to furnish the certifications required under subsections (b)(2)(C)(ii)(I) and (c)(2); (5) has engaged in one or more prohibited acts enumerated in paragraph (1); (6) fails to maintain adequate financial and managerial resources to consistently offer advisory services with integrity, including by failing to comply with subsection (f) or (g); or (7) engages in a prohibited act enumerated in subsection (j). (e) Termination of registration \n(1) Voluntary withdrawal \nA registered proxy advisory firm may, upon such terms and conditions as the Commission may establish as necessary in the public interest or for the protection of investors, which terms and conditions shall include at a minimum that the registered proxy advisory firm will no longer conduct such activities as to bring it within the definition of proxy advisory firm in section 3(a)(81), withdraw from registration by filing a written notice of withdrawal to the Commission. (2) Commission authority \nIn addition to any other authority of the Commission under this title, if the Commission finds that a registered proxy advisory firm is no longer in existence or has ceased to do business as a proxy advisory firm, the Commission, by order, shall cancel the registration under this section of such registered proxy advisory firm. (f) Management of conflicts of interest \n(1) Organization policies and procedures \nEach registered proxy advisory firm shall establish, maintain, and enforce written policies and procedures reasonably designed, taking into consideration the nature of the business of such registered proxy advisory firm and associated persons, to publicly disclose and manage any conflicts of interest that arise or would reasonably be expected to arise from such business. (2) Commission authority \nThe Commission shall, within one year of enactment, issue final rules to prohibit, or require the management and public disclosure of, any conflicts of interest relating to the offering of proxy advisory services by a registered proxy advisory firm, including, without limitation, conflicts of interest relating to— (A) the manner in which a registered proxy advisory firm is compensated by the client, any affiliate of the client, or any other person for providing proxy advisory services; (B) business relationships, ownership interests, or any other financial or personal interests between a registered proxy advisory firm, or any person associated with such registered proxy advisory firm, and any client, or any affiliate of such client; (C) the formulation of proxy voting policies; (D) the execution, or assistance with the execution, of proxy votes if such votes are based upon recommendations made by the proxy advisory firm in which a person other than the issuer is a proponent; and (E) any other potential conflict of interest, as the Commission deems necessary or appropriate in the public interest or for the protection of investors. (3) Disclosure \nEach registered proxy advisory firm shall annually disclose to the Commission and make publicly available the economic and other factors that a reasonable investor would expect to influence the recommendations of such proxy advisory firm, including the ownership composition of such proxy advisory firm. (g) Reliability of proxy advisory firm services \n(1) In general \nEach registered proxy advisory firm shall— (A) have staff and other resources sufficient to produce proxy voting recommendations that are based on accurate and current information; (B) implement procedures that permit issuers that are the subject of proxy voting recommendations— (i) access in a reasonable time to data and information used to make recommendations; and (ii) a reasonable opportunity to provide meaningful comment and corrections to such data and information, including the opportunity to present (in person or telephonically) details to the person responsible for developing such data and information prior to the publication of proxy voting recommendations to clients; and (C) employ an ombudsman to receive complaints about the accuracy of information used in making recommendations from the subjects of the proxy advisory firm’s voting recommendations and seek to resolve those complaints in a timely fashion and prior to the publication of proxy voting recommendations to clients; (D) if such ombudsman is unable to resolve such complaints prior to the publication of proxy voting recommendations to clients, include in the final report of the firm to clients a statement detailing its complaints, if requested in writing by the company; and (E) provide to clients receiving proxy advisory firm recommendations— (i) information demonstrating that draft recommendations (other than recommendations relating to an issuer-sponsored proposal or recommendations consistent with that of the majority of the board of directors of the issuer) are in the best economic interest of shareholders; and (ii) a certification by the chief executive officer, chief financial officer, and the primary executive responsible for overseeing the compilation and dissemination of proxy voting advice that the draft recommendations (other than recommendations relating to an issuer-sponsored proposal or recommendations consistent with that of the majority of the board of directors of the issuer)— (I) are based on internal controls and procedures that are designed to ensure accurate information; (II) do not violate applicable State or Federal law; and (III) prioritize economic returns to shareholders. (2) Definitions \nIn this subsection: (A) Data and information used to make recommendations \nThe term data and information used to make voting recommendations — (i) means the financial, operational, or descriptive data and information on an issuer used by proxy advisory firms and any contextual or substantive analysis impacting the recommendation; and (ii) does not include the entirety of the proxy advisory firm’s final report to its clients. (B) Reasonable time \nThe term reasonable time — (i) means not less than 1 week before the publication of proxy voting recommendations for clients, unless otherwise defined through a final rule issued by the Commission; and (ii) shall not otherwise interfere with a proxy advisory firm’s ability to provide its clients with timely access to accurate proxy voting research, analysis, or recommendations. (h) Private right of action with respect to illegal recommendations \nAny proxy advisory firm that endorses a proposal that is not supported by the issuer but is approved and subsequently found by a court of competent jurisdiction to violate State or Federal law shall be liable to the applicable issuer for the costs associated with the approval of such proposal, including implementation costs and any penalties incurred by the issuer. (i) Designation of compliance officer \nEach registered proxy advisory firm shall designate an individual who reports directly to senior management as responsible for administering the policies and procedures that are required to be established pursuant to subsections (f) and (g), and for ensuring compliance with the securities laws and the rules and regulations thereunder, including those promulgated by the Commission pursuant to this section. (j) Prohibited conduct \n(1) Prohibited acts and practices \nNot later than one year after the date of enactment of this section, the Commission shall issue final rules to prohibit any act or practice relating to the offering of proxy advisory services by a registered proxy advisory firm that the Commission determines to be unfair, coercive, or abusive, including any act or practice relating to— (A) advisory or consulting services (offered directly or indirectly, including through an affiliate) related to corporate governance issues; or (B) modifying a voting recommendation or otherwise departing from its adopted systematic procedures and methodologies in the provision of proxy advisory services, based on whether an issuer, or affiliate thereof, subscribes or will subscribe to other services or product of the registered proxy advisory firm or any person associated with such organization. (2) Rule of construction \nNothing in paragraph (1), or in any rules or regulations adopted thereunder, may be construed to modify, impair, or supersede the operation of any of the antitrust laws (as defined in the first section of the Clayton Act, except that such term includes section 5 of the Federal Trade Commission Act, to the extent that such section 5 applies to unfair methods of competition). (k) Statements of financial condition \nEach registered proxy advisory firm shall, on a confidential basis, file with the Commission, at intervals determined by the Commission, such financial statements, certified (if required by the rules or regulations of the Commission) by an independent public auditor, and information concerning its financial condition, as the Commission, by rule, may prescribe as necessary or appropriate in the public interest or for the protection of investors. (l) Annual report \nEach registered proxy advisory firm shall, at the beginning of each fiscal year of such firm, report to the Commission on the number of— (1) shareholder proposals its staff reviewed in the prior fiscal year; (2) recommendations made in the prior fiscal year; (3) staff who reviewed and made recommendations on such proposals in the prior fiscal year (and the qualifications of such staff); and (4) recommendations made in the prior fiscal year where the proponent of such recommendation was a client of or received services from the proxy advisory firm. (m) Transparent policies \nEach registered proxy advisory firm shall file with the Commission and make publicly available its methodology for the formulation of proxy voting policies and voting recommendations. (n) Rules of construction \nRegistration under and compliance with this section does not constitute a waiver of, or otherwise diminish, any right, privilege, or defense that a registered proxy advisory firm may otherwise have under any provision of State or Federal law, including any rule, regulation, or order thereunder. (o) Regulations \n(1) New provisions \nSuch rules and regulations as are required by this section or are otherwise necessary to carry out this section, including the application form required under subsection (a)— (A) shall be issued by the Commission, not later than 180 days after the date of enactment of this section; and (B) shall become effective not later than 1 year after the date of enactment of this section. (2) Review of existing regulations \nNot later than 270 days after the date of enactment of this section, the Commission shall— (A) review its existing rules and regulations which affect the operations of proxy advisory firms; and (B) amend or revise such rules and regulations in accordance with the purposes of this section, and issue such guidance as the Commission may prescribe as necessary or appropriate in the public interest or for the protection of investors. (p) Applicability \nThis section, other than subsection (n), which shall apply on the date of enactment of this section, shall apply on the earlier of— (1) the date on which regulations are issued in final form under subsection (o)(1); or (2) 270 days after the date of enactment of this section..", "id": "HF9254F857DBB4CB39FF0C9340985584E", "header": "Amendment", "nested": [], "links": [ { "text": "15 U.S.C. 78a et seq.", "legal-doc": "usc", "parsable-cite": "usc/15/78a" } ] }, { "text": "(b) Conforming amendment \nSection 17(a)(1) of the Securities Exchange Act of 1934 ( 15 U.S.C. 78q(a)(1) ) is amended by inserting proxy advisory firm, after nationally recognized statistical rating organization,.", "id": "HCEE15CA1F0774299AD56D10F0FDC694C", "header": "Conforming amendment", "nested": [], "links": [ { "text": "15 U.S.C. 78q(a)(1)", "legal-doc": "usc", "parsable-cite": "usc/15/78q" } ] } ], "links": [ { "text": "15 U.S.C. 78a et seq.", "legal-doc": "usc", "parsable-cite": "usc/15/78a" }, { "text": "15 U.S.C. 78q(a)(1)", "legal-doc": "usc", "parsable-cite": "usc/15/78q" } ] }, { "text": "15H. Registration of proxy advisory firms \n(a) Conduct prohibited \nIt shall be unlawful for a proxy advisory firm to make use of the mails or any means or instrumentality of interstate commerce to provide proxy voting advice, research, analysis, ratings or recommendations to any client, unless such proxy advisory firm is registered under this section. (b) Registration procedures \n(1) Application for registration \n(A) In general \nA proxy advisory firm shall file with the Commission an application for registration, in such form as the Commission shall require, by rule or regulation, and containing the information described in subparagraph (B). (B) Required information \nAn application for registration under this section shall contain information regarding— (i) a certification that the applicant is able to consistently provide proxy advice based on accurate information; (ii) the procedures and methodologies that the applicant uses in developing proxy voting recommendations; (iii) the organizational structure of the applicant; (iv) whether or not the applicant has in effect a code of ethics, and if not, the reasons therefor; (v) any potential or actual conflict of interest relating to the provision of proxy advisory services, including those arising out of or resulting from the ownership structure of the applicant or the provision of other services by the applicant or any person associated with the applicant; (vi) the policies and procedures in place to publicly disclose and manage conflicts of interest under subsection (f); (vii) information related to the professional and academic qualifications of staff tasked with providing proxy advisory services; and (viii) any other information and documents concerning the applicant and any person associated with such applicant as the Commission, by rule, may prescribe as necessary or appropriate in the public interest or for the protection of investors. (2) Review of application \n(A) Initial determination \nNot later than 90 days after the date on which the application for registration is filed with the Commission under paragraph (1) (or within such longer period as to which the applicant consents) the Commission shall— (i) by order, grant registration; or (ii) institute proceedings to determine whether registration should be denied. (B) Conduct of proceedings \n(i) Content \nProceedings referred to in subparagraph (A)(ii) shall— (I) include notice of the grounds for denial under consideration and an opportunity for hearing; and (II) be concluded not later than 120 days after the date on which the application for registration is filed with the Commission under paragraph (1). (ii) Determination \nAt the conclusion of such proceedings, the Commission, by order, shall grant or deny such application for registration. (iii) Extension authorized \nThe Commission may extend the time for conclusion of such proceedings for not longer than 90 days, if the Commission finds good cause for such extension and publishes its reasons for so finding, or for such longer period as to which the applicant consents. (C) Grounds for decision \nThe Commission shall grant registration under this subsection— (i) if the Commission finds that the requirements of this section are satisfied; and (ii) unless the Commission finds (in which case the Commission shall deny such registration) that— (I) the applicant has failed to certify to the Commission’s satisfaction that it is able to consistently provide proxy advice based on accurate information and to materially comply with the procedures and methodologies disclosed under paragraph (1)(B) and with subsections (f) and (g); or (II) if the applicant were so registered, its registration would be subject to suspension or revocation under subsection (d). (3) Public availability of information \nSubject to section 24, the Commission shall make the information and documents submitted to the Commission by a proxy advisory firm in its completed application for registration, or in any amendment submitted under paragraph (1) or (2) of subsection (c), publicly available on the Commission’s website, or through another comparable, readily accessible means. (c) Update of registration \n(1) Update \nEach registered proxy advisory firm shall promptly amend and update its application for registration under this section if any information or document provided therein becomes materially inaccurate, except that a registered proxy advisory firm is not required to amend the information required to be filed under subsection (b)(1)(B)(i) by filing information under this paragraph, but shall amend such information in the annual submission of the organization under paragraph (2) of this subsection. (2) Certification \nNot later than 90 calendar days after the end of each calendar year, each registered proxy advisory firm shall file with the Commission an amendment to its registration, in such form as the Commission, by rule, may prescribe as necessary or appropriate in the public interest or for the protection of investors— (A) certifying that the information and documents in the application for registration of such registered proxy advisory firm continue to be accurate in all material respects; and (B) listing any material change that occurred to such information or documents during the previous calendar year. (d) Censure, denial, or suspension of registration; notice and hearing \nThe Commission, by order, shall censure, place limitations on the activities, functions, or operations of, suspend for a period not exceeding 12 months, or revoke the registration of any registered proxy advisory firm if the Commission finds, on the record after notice and opportunity for hearing, that such censure, placing of limitations, suspension, or revocation is necessary for the protection of investors and in the public interest and that such registered proxy advisory firm, or any person associated with such an organization, whether prior to or subsequent to becoming so associated— (1) has committed or omitted any act, or is subject to an order or finding, enumerated in subparagraph (A), (D), (E), (H), or (G) of section 15(b)(4), has been convicted of any offense specified in section 15(b)(4)(B), or is enjoined from any action, conduct, or practice specified in subparagraph (C) of section 15(b)(4), during the 10-year period preceding the date of commencement of the proceedings under this subsection, or at any time thereafter; (2) has been convicted during the 10-year period preceding the date on which an application for registration is filed with the Commission under this section, or at any time thereafter, of— (A) any crime that is punishable by imprisonment for 1 or more years, and that is not described in section 15(b)(4)(B); or (B) a substantially equivalent crime by a foreign court of competent jurisdiction; (3) is subject to any order of the Commission barring or suspending the right of the person to be associated with a registered proxy advisory firm; (4) fails to furnish the certifications required under subsections (b)(2)(C)(ii)(I) and (c)(2); (5) has engaged in one or more prohibited acts enumerated in paragraph (1); (6) fails to maintain adequate financial and managerial resources to consistently offer advisory services with integrity, including by failing to comply with subsection (f) or (g); or (7) engages in a prohibited act enumerated in subsection (j). (e) Termination of registration \n(1) Voluntary withdrawal \nA registered proxy advisory firm may, upon such terms and conditions as the Commission may establish as necessary in the public interest or for the protection of investors, which terms and conditions shall include at a minimum that the registered proxy advisory firm will no longer conduct such activities as to bring it within the definition of proxy advisory firm in section 3(a)(81), withdraw from registration by filing a written notice of withdrawal to the Commission. (2) Commission authority \nIn addition to any other authority of the Commission under this title, if the Commission finds that a registered proxy advisory firm is no longer in existence or has ceased to do business as a proxy advisory firm, the Commission, by order, shall cancel the registration under this section of such registered proxy advisory firm. (f) Management of conflicts of interest \n(1) Organization policies and procedures \nEach registered proxy advisory firm shall establish, maintain, and enforce written policies and procedures reasonably designed, taking into consideration the nature of the business of such registered proxy advisory firm and associated persons, to publicly disclose and manage any conflicts of interest that arise or would reasonably be expected to arise from such business. (2) Commission authority \nThe Commission shall, within one year of enactment, issue final rules to prohibit, or require the management and public disclosure of, any conflicts of interest relating to the offering of proxy advisory services by a registered proxy advisory firm, including, without limitation, conflicts of interest relating to— (A) the manner in which a registered proxy advisory firm is compensated by the client, any affiliate of the client, or any other person for providing proxy advisory services; (B) business relationships, ownership interests, or any other financial or personal interests between a registered proxy advisory firm, or any person associated with such registered proxy advisory firm, and any client, or any affiliate of such client; (C) the formulation of proxy voting policies; (D) the execution, or assistance with the execution, of proxy votes if such votes are based upon recommendations made by the proxy advisory firm in which a person other than the issuer is a proponent; and (E) any other potential conflict of interest, as the Commission deems necessary or appropriate in the public interest or for the protection of investors. (3) Disclosure \nEach registered proxy advisory firm shall annually disclose to the Commission and make publicly available the economic and other factors that a reasonable investor would expect to influence the recommendations of such proxy advisory firm, including the ownership composition of such proxy advisory firm. (g) Reliability of proxy advisory firm services \n(1) In general \nEach registered proxy advisory firm shall— (A) have staff and other resources sufficient to produce proxy voting recommendations that are based on accurate and current information; (B) implement procedures that permit issuers that are the subject of proxy voting recommendations— (i) access in a reasonable time to data and information used to make recommendations; and (ii) a reasonable opportunity to provide meaningful comment and corrections to such data and information, including the opportunity to present (in person or telephonically) details to the person responsible for developing such data and information prior to the publication of proxy voting recommendations to clients; and (C) employ an ombudsman to receive complaints about the accuracy of information used in making recommendations from the subjects of the proxy advisory firm’s voting recommendations and seek to resolve those complaints in a timely fashion and prior to the publication of proxy voting recommendations to clients; (D) if such ombudsman is unable to resolve such complaints prior to the publication of proxy voting recommendations to clients, include in the final report of the firm to clients a statement detailing its complaints, if requested in writing by the company; and (E) provide to clients receiving proxy advisory firm recommendations— (i) information demonstrating that draft recommendations (other than recommendations relating to an issuer-sponsored proposal or recommendations consistent with that of the majority of the board of directors of the issuer) are in the best economic interest of shareholders; and (ii) a certification by the chief executive officer, chief financial officer, and the primary executive responsible for overseeing the compilation and dissemination of proxy voting advice that the draft recommendations (other than recommendations relating to an issuer-sponsored proposal or recommendations consistent with that of the majority of the board of directors of the issuer)— (I) are based on internal controls and procedures that are designed to ensure accurate information; (II) do not violate applicable State or Federal law; and (III) prioritize economic returns to shareholders. (2) Definitions \nIn this subsection: (A) Data and information used to make recommendations \nThe term data and information used to make voting recommendations — (i) means the financial, operational, or descriptive data and information on an issuer used by proxy advisory firms and any contextual or substantive analysis impacting the recommendation; and (ii) does not include the entirety of the proxy advisory firm’s final report to its clients. (B) Reasonable time \nThe term reasonable time — (i) means not less than 1 week before the publication of proxy voting recommendations for clients, unless otherwise defined through a final rule issued by the Commission; and (ii) shall not otherwise interfere with a proxy advisory firm’s ability to provide its clients with timely access to accurate proxy voting research, analysis, or recommendations. (h) Private right of action with respect to illegal recommendations \nAny proxy advisory firm that endorses a proposal that is not supported by the issuer but is approved and subsequently found by a court of competent jurisdiction to violate State or Federal law shall be liable to the applicable issuer for the costs associated with the approval of such proposal, including implementation costs and any penalties incurred by the issuer. (i) Designation of compliance officer \nEach registered proxy advisory firm shall designate an individual who reports directly to senior management as responsible for administering the policies and procedures that are required to be established pursuant to subsections (f) and (g), and for ensuring compliance with the securities laws and the rules and regulations thereunder, including those promulgated by the Commission pursuant to this section. (j) Prohibited conduct \n(1) Prohibited acts and practices \nNot later than one year after the date of enactment of this section, the Commission shall issue final rules to prohibit any act or practice relating to the offering of proxy advisory services by a registered proxy advisory firm that the Commission determines to be unfair, coercive, or abusive, including any act or practice relating to— (A) advisory or consulting services (offered directly or indirectly, including through an affiliate) related to corporate governance issues; or (B) modifying a voting recommendation or otherwise departing from its adopted systematic procedures and methodologies in the provision of proxy advisory services, based on whether an issuer, or affiliate thereof, subscribes or will subscribe to other services or product of the registered proxy advisory firm or any person associated with such organization. (2) Rule of construction \nNothing in paragraph (1), or in any rules or regulations adopted thereunder, may be construed to modify, impair, or supersede the operation of any of the antitrust laws (as defined in the first section of the Clayton Act, except that such term includes section 5 of the Federal Trade Commission Act, to the extent that such section 5 applies to unfair methods of competition). (k) Statements of financial condition \nEach registered proxy advisory firm shall, on a confidential basis, file with the Commission, at intervals determined by the Commission, such financial statements, certified (if required by the rules or regulations of the Commission) by an independent public auditor, and information concerning its financial condition, as the Commission, by rule, may prescribe as necessary or appropriate in the public interest or for the protection of investors. (l) Annual report \nEach registered proxy advisory firm shall, at the beginning of each fiscal year of such firm, report to the Commission on the number of— (1) shareholder proposals its staff reviewed in the prior fiscal year; (2) recommendations made in the prior fiscal year; (3) staff who reviewed and made recommendations on such proposals in the prior fiscal year (and the qualifications of such staff); and (4) recommendations made in the prior fiscal year where the proponent of such recommendation was a client of or received services from the proxy advisory firm. (m) Transparent policies \nEach registered proxy advisory firm shall file with the Commission and make publicly available its methodology for the formulation of proxy voting policies and voting recommendations. (n) Rules of construction \nRegistration under and compliance with this section does not constitute a waiver of, or otherwise diminish, any right, privilege, or defense that a registered proxy advisory firm may otherwise have under any provision of State or Federal law, including any rule, regulation, or order thereunder. (o) Regulations \n(1) New provisions \nSuch rules and regulations as are required by this section or are otherwise necessary to carry out this section, including the application form required under subsection (a)— (A) shall be issued by the Commission, not later than 180 days after the date of enactment of this section; and (B) shall become effective not later than 1 year after the date of enactment of this section. (2) Review of existing regulations \nNot later than 270 days after the date of enactment of this section, the Commission shall— (A) review its existing rules and regulations which affect the operations of proxy advisory firms; and (B) amend or revise such rules and regulations in accordance with the purposes of this section, and issue such guidance as the Commission may prescribe as necessary or appropriate in the public interest or for the protection of investors. (p) Applicability \nThis section, other than subsection (n), which shall apply on the date of enactment of this section, shall apply on the earlier of— (1) the date on which regulations are issued in final form under subsection (o)(1); or (2) 270 days after the date of enactment of this section.", "id": "HD1E36A95861548CBBF71B6C70432E1CA", "header": "Registration of proxy advisory firms", "nested": [ { "text": "(a) Conduct prohibited \nIt shall be unlawful for a proxy advisory firm to make use of the mails or any means or instrumentality of interstate commerce to provide proxy voting advice, research, analysis, ratings or recommendations to any client, unless such proxy advisory firm is registered under this section.", "id": "HEB6CEC159E6F4B7983198927FC60D8DE", "header": "Conduct prohibited", "nested": [], "links": [] }, { "text": "(b) Registration procedures \n(1) Application for registration \n(A) In general \nA proxy advisory firm shall file with the Commission an application for registration, in such form as the Commission shall require, by rule or regulation, and containing the information described in subparagraph (B). (B) Required information \nAn application for registration under this section shall contain information regarding— (i) a certification that the applicant is able to consistently provide proxy advice based on accurate information; (ii) the procedures and methodologies that the applicant uses in developing proxy voting recommendations; (iii) the organizational structure of the applicant; (iv) whether or not the applicant has in effect a code of ethics, and if not, the reasons therefor; (v) any potential or actual conflict of interest relating to the provision of proxy advisory services, including those arising out of or resulting from the ownership structure of the applicant or the provision of other services by the applicant or any person associated with the applicant; (vi) the policies and procedures in place to publicly disclose and manage conflicts of interest under subsection (f); (vii) information related to the professional and academic qualifications of staff tasked with providing proxy advisory services; and (viii) any other information and documents concerning the applicant and any person associated with such applicant as the Commission, by rule, may prescribe as necessary or appropriate in the public interest or for the protection of investors. (2) Review of application \n(A) Initial determination \nNot later than 90 days after the date on which the application for registration is filed with the Commission under paragraph (1) (or within such longer period as to which the applicant consents) the Commission shall— (i) by order, grant registration; or (ii) institute proceedings to determine whether registration should be denied. (B) Conduct of proceedings \n(i) Content \nProceedings referred to in subparagraph (A)(ii) shall— (I) include notice of the grounds for denial under consideration and an opportunity for hearing; and (II) be concluded not later than 120 days after the date on which the application for registration is filed with the Commission under paragraph (1). (ii) Determination \nAt the conclusion of such proceedings, the Commission, by order, shall grant or deny such application for registration. (iii) Extension authorized \nThe Commission may extend the time for conclusion of such proceedings for not longer than 90 days, if the Commission finds good cause for such extension and publishes its reasons for so finding, or for such longer period as to which the applicant consents. (C) Grounds for decision \nThe Commission shall grant registration under this subsection— (i) if the Commission finds that the requirements of this section are satisfied; and (ii) unless the Commission finds (in which case the Commission shall deny such registration) that— (I) the applicant has failed to certify to the Commission’s satisfaction that it is able to consistently provide proxy advice based on accurate information and to materially comply with the procedures and methodologies disclosed under paragraph (1)(B) and with subsections (f) and (g); or (II) if the applicant were so registered, its registration would be subject to suspension or revocation under subsection (d). (3) Public availability of information \nSubject to section 24, the Commission shall make the information and documents submitted to the Commission by a proxy advisory firm in its completed application for registration, or in any amendment submitted under paragraph (1) or (2) of subsection (c), publicly available on the Commission’s website, or through another comparable, readily accessible means.", "id": "HF91AC45E7ECF444088D1BCF3BE481F43", "header": "Registration procedures", "nested": [], "links": [] }, { "text": "(c) Update of registration \n(1) Update \nEach registered proxy advisory firm shall promptly amend and update its application for registration under this section if any information or document provided therein becomes materially inaccurate, except that a registered proxy advisory firm is not required to amend the information required to be filed under subsection (b)(1)(B)(i) by filing information under this paragraph, but shall amend such information in the annual submission of the organization under paragraph (2) of this subsection. (2) Certification \nNot later than 90 calendar days after the end of each calendar year, each registered proxy advisory firm shall file with the Commission an amendment to its registration, in such form as the Commission, by rule, may prescribe as necessary or appropriate in the public interest or for the protection of investors— (A) certifying that the information and documents in the application for registration of such registered proxy advisory firm continue to be accurate in all material respects; and (B) listing any material change that occurred to such information or documents during the previous calendar year.", "id": "H4C0B85ED58AC4754BBC70B871C738C17", "header": "Update of registration", "nested": [], "links": [] }, { "text": "(d) Censure, denial, or suspension of registration; notice and hearing \nThe Commission, by order, shall censure, place limitations on the activities, functions, or operations of, suspend for a period not exceeding 12 months, or revoke the registration of any registered proxy advisory firm if the Commission finds, on the record after notice and opportunity for hearing, that such censure, placing of limitations, suspension, or revocation is necessary for the protection of investors and in the public interest and that such registered proxy advisory firm, or any person associated with such an organization, whether prior to or subsequent to becoming so associated— (1) has committed or omitted any act, or is subject to an order or finding, enumerated in subparagraph (A), (D), (E), (H), or (G) of section 15(b)(4), has been convicted of any offense specified in section 15(b)(4)(B), or is enjoined from any action, conduct, or practice specified in subparagraph (C) of section 15(b)(4), during the 10-year period preceding the date of commencement of the proceedings under this subsection, or at any time thereafter; (2) has been convicted during the 10-year period preceding the date on which an application for registration is filed with the Commission under this section, or at any time thereafter, of— (A) any crime that is punishable by imprisonment for 1 or more years, and that is not described in section 15(b)(4)(B); or (B) a substantially equivalent crime by a foreign court of competent jurisdiction; (3) is subject to any order of the Commission barring or suspending the right of the person to be associated with a registered proxy advisory firm; (4) fails to furnish the certifications required under subsections (b)(2)(C)(ii)(I) and (c)(2); (5) has engaged in one or more prohibited acts enumerated in paragraph (1); (6) fails to maintain adequate financial and managerial resources to consistently offer advisory services with integrity, including by failing to comply with subsection (f) or (g); or (7) engages in a prohibited act enumerated in subsection (j).", "id": "H831C367DCD2C44399F3769E6602FAEC7", "header": "Censure, denial, or suspension of registration; notice and hearing", "nested": [], "links": [] }, { "text": "(e) Termination of registration \n(1) Voluntary withdrawal \nA registered proxy advisory firm may, upon such terms and conditions as the Commission may establish as necessary in the public interest or for the protection of investors, which terms and conditions shall include at a minimum that the registered proxy advisory firm will no longer conduct such activities as to bring it within the definition of proxy advisory firm in section 3(a)(81), withdraw from registration by filing a written notice of withdrawal to the Commission. (2) Commission authority \nIn addition to any other authority of the Commission under this title, if the Commission finds that a registered proxy advisory firm is no longer in existence or has ceased to do business as a proxy advisory firm, the Commission, by order, shall cancel the registration under this section of such registered proxy advisory firm.", "id": "H47796623B5AB4B1494E57CD36907FC30", "header": "Termination of registration", "nested": [], "links": [] }, { "text": "(f) Management of conflicts of interest \n(1) Organization policies and procedures \nEach registered proxy advisory firm shall establish, maintain, and enforce written policies and procedures reasonably designed, taking into consideration the nature of the business of such registered proxy advisory firm and associated persons, to publicly disclose and manage any conflicts of interest that arise or would reasonably be expected to arise from such business. (2) Commission authority \nThe Commission shall, within one year of enactment, issue final rules to prohibit, or require the management and public disclosure of, any conflicts of interest relating to the offering of proxy advisory services by a registered proxy advisory firm, including, without limitation, conflicts of interest relating to— (A) the manner in which a registered proxy advisory firm is compensated by the client, any affiliate of the client, or any other person for providing proxy advisory services; (B) business relationships, ownership interests, or any other financial or personal interests between a registered proxy advisory firm, or any person associated with such registered proxy advisory firm, and any client, or any affiliate of such client; (C) the formulation of proxy voting policies; (D) the execution, or assistance with the execution, of proxy votes if such votes are based upon recommendations made by the proxy advisory firm in which a person other than the issuer is a proponent; and (E) any other potential conflict of interest, as the Commission deems necessary or appropriate in the public interest or for the protection of investors. (3) Disclosure \nEach registered proxy advisory firm shall annually disclose to the Commission and make publicly available the economic and other factors that a reasonable investor would expect to influence the recommendations of such proxy advisory firm, including the ownership composition of such proxy advisory firm.", "id": "HA6E1C0F6C3A646DEBDD47B46C95487A6", "header": "Management of conflicts of interest", "nested": [], "links": [] }, { "text": "(g) Reliability of proxy advisory firm services \n(1) In general \nEach registered proxy advisory firm shall— (A) have staff and other resources sufficient to produce proxy voting recommendations that are based on accurate and current information; (B) implement procedures that permit issuers that are the subject of proxy voting recommendations— (i) access in a reasonable time to data and information used to make recommendations; and (ii) a reasonable opportunity to provide meaningful comment and corrections to such data and information, including the opportunity to present (in person or telephonically) details to the person responsible for developing such data and information prior to the publication of proxy voting recommendations to clients; and (C) employ an ombudsman to receive complaints about the accuracy of information used in making recommendations from the subjects of the proxy advisory firm’s voting recommendations and seek to resolve those complaints in a timely fashion and prior to the publication of proxy voting recommendations to clients; (D) if such ombudsman is unable to resolve such complaints prior to the publication of proxy voting recommendations to clients, include in the final report of the firm to clients a statement detailing its complaints, if requested in writing by the company; and (E) provide to clients receiving proxy advisory firm recommendations— (i) information demonstrating that draft recommendations (other than recommendations relating to an issuer-sponsored proposal or recommendations consistent with that of the majority of the board of directors of the issuer) are in the best economic interest of shareholders; and (ii) a certification by the chief executive officer, chief financial officer, and the primary executive responsible for overseeing the compilation and dissemination of proxy voting advice that the draft recommendations (other than recommendations relating to an issuer-sponsored proposal or recommendations consistent with that of the majority of the board of directors of the issuer)— (I) are based on internal controls and procedures that are designed to ensure accurate information; (II) do not violate applicable State or Federal law; and (III) prioritize economic returns to shareholders. (2) Definitions \nIn this subsection: (A) Data and information used to make recommendations \nThe term data and information used to make voting recommendations — (i) means the financial, operational, or descriptive data and information on an issuer used by proxy advisory firms and any contextual or substantive analysis impacting the recommendation; and (ii) does not include the entirety of the proxy advisory firm’s final report to its clients. (B) Reasonable time \nThe term reasonable time — (i) means not less than 1 week before the publication of proxy voting recommendations for clients, unless otherwise defined through a final rule issued by the Commission; and (ii) shall not otherwise interfere with a proxy advisory firm’s ability to provide its clients with timely access to accurate proxy voting research, analysis, or recommendations.", "id": "HEB874E408F2F49D396E371D932A265EA", "header": "Reliability of proxy advisory firm services", "nested": [], "links": [] }, { "text": "(h) Private right of action with respect to illegal recommendations \nAny proxy advisory firm that endorses a proposal that is not supported by the issuer but is approved and subsequently found by a court of competent jurisdiction to violate State or Federal law shall be liable to the applicable issuer for the costs associated with the approval of such proposal, including implementation costs and any penalties incurred by the issuer.", "id": "H931BA2A9C1494795B9B5921EAC65FD35", "header": "Private right of action with respect to illegal recommendations", "nested": [], "links": [] }, { "text": "(i) Designation of compliance officer \nEach registered proxy advisory firm shall designate an individual who reports directly to senior management as responsible for administering the policies and procedures that are required to be established pursuant to subsections (f) and (g), and for ensuring compliance with the securities laws and the rules and regulations thereunder, including those promulgated by the Commission pursuant to this section.", "id": "H179ADFA248584890BC331A5CDEAD59DC", "header": "Designation of compliance officer", "nested": [], "links": [] }, { "text": "(j) Prohibited conduct \n(1) Prohibited acts and practices \nNot later than one year after the date of enactment of this section, the Commission shall issue final rules to prohibit any act or practice relating to the offering of proxy advisory services by a registered proxy advisory firm that the Commission determines to be unfair, coercive, or abusive, including any act or practice relating to— (A) advisory or consulting services (offered directly or indirectly, including through an affiliate) related to corporate governance issues; or (B) modifying a voting recommendation or otherwise departing from its adopted systematic procedures and methodologies in the provision of proxy advisory services, based on whether an issuer, or affiliate thereof, subscribes or will subscribe to other services or product of the registered proxy advisory firm or any person associated with such organization. (2) Rule of construction \nNothing in paragraph (1), or in any rules or regulations adopted thereunder, may be construed to modify, impair, or supersede the operation of any of the antitrust laws (as defined in the first section of the Clayton Act, except that such term includes section 5 of the Federal Trade Commission Act, to the extent that such section 5 applies to unfair methods of competition).", "id": "H98F8F64CC8494189A104EF77449A15E6", "header": "Prohibited conduct", "nested": [], "links": [] }, { "text": "(k) Statements of financial condition \nEach registered proxy advisory firm shall, on a confidential basis, file with the Commission, at intervals determined by the Commission, such financial statements, certified (if required by the rules or regulations of the Commission) by an independent public auditor, and information concerning its financial condition, as the Commission, by rule, may prescribe as necessary or appropriate in the public interest or for the protection of investors.", "id": "H725DE5DEB94340E58363CDC14F8F7D32", "header": "Statements of financial condition", "nested": [], "links": [] }, { "text": "(l) Annual report \nEach registered proxy advisory firm shall, at the beginning of each fiscal year of such firm, report to the Commission on the number of— (1) shareholder proposals its staff reviewed in the prior fiscal year; (2) recommendations made in the prior fiscal year; (3) staff who reviewed and made recommendations on such proposals in the prior fiscal year (and the qualifications of such staff); and (4) recommendations made in the prior fiscal year where the proponent of such recommendation was a client of or received services from the proxy advisory firm.", "id": "H345429C4AC494789A34D3B4E28B1F668", "header": "Annual report", "nested": [], "links": [] }, { "text": "(m) Transparent policies \nEach registered proxy advisory firm shall file with the Commission and make publicly available its methodology for the formulation of proxy voting policies and voting recommendations.", "id": "H7E2E0D3C8652454B862D6E4EDECFF2DA", "header": "Transparent policies", "nested": [], "links": [] }, { "text": "(n) Rules of construction \nRegistration under and compliance with this section does not constitute a waiver of, or otherwise diminish, any right, privilege, or defense that a registered proxy advisory firm may otherwise have under any provision of State or Federal law, including any rule, regulation, or order thereunder.", "id": "H63A54F727CE9401A90E8A7A4F816E0CC", "header": "Rules of construction", "nested": [], "links": [] }, { "text": "(o) Regulations \n(1) New provisions \nSuch rules and regulations as are required by this section or are otherwise necessary to carry out this section, including the application form required under subsection (a)— (A) shall be issued by the Commission, not later than 180 days after the date of enactment of this section; and (B) shall become effective not later than 1 year after the date of enactment of this section. (2) Review of existing regulations \nNot later than 270 days after the date of enactment of this section, the Commission shall— (A) review its existing rules and regulations which affect the operations of proxy advisory firms; and (B) amend or revise such rules and regulations in accordance with the purposes of this section, and issue such guidance as the Commission may prescribe as necessary or appropriate in the public interest or for the protection of investors.", "id": "H284C881C612F4C34857758DFDF1EEE02", "header": "Regulations", "nested": [], "links": [] }, { "text": "(p) Applicability \nThis section, other than subsection (n), which shall apply on the date of enactment of this section, shall apply on the earlier of— (1) the date on which regulations are issued in final form under subsection (o)(1); or (2) 270 days after the date of enactment of this section.", "id": "HBCC383511CCD44BFB0CBEA005597413B", "header": "Applicability", "nested": [], "links": [] } ], "links": [] }, { "text": "4. Duties of investment advisors, asset managers, and pension funds \n(a) Reporting requirements \nNot later than 1 year after the date of the enactment of this Act and annually thereafter, any covered entity that retains the services of a proxy advisory firm with respect to the preceding year shall provide to the beneficiaries and customers of the covered entity, as applicable, a report that includes— (1) the percentage of votes cast on shareholder proposals that follow proxy advisor firm recommendations for each proxy advisory firm retained by the covered entity; (2) the percentage of votes cast on environmental-, social-, or governance-related shareholder proposals that follow proxy advisory firm recommendations for each proxy advisory firm retained by the covered entity; and (3) an explanation of— (A) how proxy advisory firm recommendations are used by the covered entity in making voting decisions; (B) how such recommendations are reconciled with the fiduciary duty of the covered entity to vote in the best economic interests of shareholders; (C) how frequently votes are changed when an error occurs or due to new information from issuers; and (D) the degree to which investment professionals of the covered entity are involved in such voting decisions. (b) Requirements \nWith respect to shareholder proposals of an issuer, a covered entity with more than $100,000,000,000 in assets under management shall— (1) provide customers with a mechanism to indicate how the covered entity should vote on their behalf; (2) in any materials provided to customers and related to customers voting their shares, clarify that shareholders are not required to vote on every proposal; and (3) with respect to each shareholder proposal for which the covered entity voted (other than an issuer-sponsored proposal or a vote consistent with the recommendation of the majority of the board of directors of the issuer), make publicly available the economic analysis the covered entity conducted to determine that the vote is in the best economic interest of the customers. (c) Covered entity defined \nIn this section, the term covered entity means an investment advisor, asset manager, or pension fund with more than $100,000,000 in assets under management.", "id": "H87CBD3D7A85F4E5E97D2C471993E3DF9", "header": "Duties of investment advisors, asset managers, and pension funds", "nested": [ { "text": "(a) Reporting requirements \nNot later than 1 year after the date of the enactment of this Act and annually thereafter, any covered entity that retains the services of a proxy advisory firm with respect to the preceding year shall provide to the beneficiaries and customers of the covered entity, as applicable, a report that includes— (1) the percentage of votes cast on shareholder proposals that follow proxy advisor firm recommendations for each proxy advisory firm retained by the covered entity; (2) the percentage of votes cast on environmental-, social-, or governance-related shareholder proposals that follow proxy advisory firm recommendations for each proxy advisory firm retained by the covered entity; and (3) an explanation of— (A) how proxy advisory firm recommendations are used by the covered entity in making voting decisions; (B) how such recommendations are reconciled with the fiduciary duty of the covered entity to vote in the best economic interests of shareholders; (C) how frequently votes are changed when an error occurs or due to new information from issuers; and (D) the degree to which investment professionals of the covered entity are involved in such voting decisions.", "id": "HF92EB0DE420C442592C26BCE31F50DEB", "header": "Reporting requirements", "nested": [], "links": [] }, { "text": "(b) Requirements \nWith respect to shareholder proposals of an issuer, a covered entity with more than $100,000,000,000 in assets under management shall— (1) provide customers with a mechanism to indicate how the covered entity should vote on their behalf; (2) in any materials provided to customers and related to customers voting their shares, clarify that shareholders are not required to vote on every proposal; and (3) with respect to each shareholder proposal for which the covered entity voted (other than an issuer-sponsored proposal or a vote consistent with the recommendation of the majority of the board of directors of the issuer), make publicly available the economic analysis the covered entity conducted to determine that the vote is in the best economic interest of the customers.", "id": "HD7A58327B9314ECC923F59B1B524CF55", "header": "Requirements", "nested": [], "links": [] }, { "text": "(c) Covered entity defined \nIn this section, the term covered entity means an investment advisor, asset manager, or pension fund with more than $100,000,000 in assets under management.", "id": "H8D7DD8ECE7374F01B5B9010679ED41B5", "header": "Covered entity defined", "nested": [], "links": [] } ], "links": [] }, { "text": "5. Transparency regarding ESG funds \nSection 10 of the Securities Act of 1933 ( 15 U.S.C. 77j ) is amended by adding at the end the following: (g) Transparency regarding ESG funds \nAn investment company that holds itself out as offering an index fund under which investments are made pursuant to a set of environmental, social, or governance standards shall disclose in tabular form on the first page of each prospectus required pursuant to this section the 1-, 3-, and 5-year annual returns and fees charged to investors with respect to such fund compared with the annual returns and fees charged to investors for the most readily comparable broad-based index fund offered by such investment company under which investments are not made pursuant to such standards, or if such investment company does not offer a comparable index fund, a reasonably similar comparison to a readily comparable broad-based index fund..", "id": "HDE837FB8707E4186A30F6FEE41B44BB6", "header": "Transparency regarding ESG funds", "nested": [], "links": [ { "text": "15 U.S.C. 77j", "legal-doc": "usc", "parsable-cite": "usc/15/77j" } ] }, { "text": "6. Resubmission thresholds for shareholder proposals \nSection 14 of the Securities Exchange Act of 1934 ( 15 U.S.C. 78n ) is amended by adding at the end the following: (k) Exclusion of certain shareholder proposal resubmissions \nA shareholder proposal may be excluded from any proxy or consent solicitation material for an annual meeting of the shareholders of an issuer if the proposal— (1) is not germane (without regard to whether the proposal involves a significant social policy issue); or (2) addresses substantially the same subject matter (without regard to whether the proposal involves a significant social policy issue) as a proposal previously included in the proxy or consent solicitation material for an annual meeting of the shareholders of an issuer— (A) for a meeting of the shareholders conducted in the preceding 5 years; and (B) if the most recent vote— (i) occurred in the preceding 3 years; and (ii) (I) if voted on once during such period, received less than 5 percent of the votes; (II) if voted on twice during such period, received less than 15 percent of the votes; or (III) if voted on three or more times during such period, received less 25 percent of the votes..", "id": "HFD13271DF59045308C04B80A1C637A99", "header": "Resubmission thresholds for shareholder proposals", "nested": [], "links": [ { "text": "15 U.S.C. 78n", "legal-doc": "usc", "parsable-cite": "usc/15/78n" } ] }, { "text": "7. Prohibition on robovoting \nSection 14 of the Securities Exchange Act of 1934 ( 15 U.S.C. 78n ) is further amended by adding at the end the following: (l) Prohibition on robovoting \n(1) In general \nThe Commission shall issue final rules prohibiting the use of robovoting with respect to votes related to proxy or consent solicitation materials. (2) Robovoting defined \nThe term robovoting means the practice of automatically voting in a manner consistent with the recommendations of a proxy advisory firm..", "id": "H9B8BCED971364DCDAF34E23787440426", "header": "Prohibition on robovoting", "nested": [], "links": [ { "text": "15 U.S.C. 78n", "legal-doc": "usc", "parsable-cite": "usc/15/78n" } ] }, { "text": "8. Liability for certain failures to disclose material information \nSection 14 of the Securities Exchange Act of 1934 ( 15 U.S.C. 78n ) is further amended by adding at the end the following: (m) False or misleading statements \nFor purposes of section 18, failure to disclose material information regarding proxy voting advice that makes a recommendation to a security holder as to its vote, consent, or authorization on a specific matter for which security holder approval is solicited, and that is furnished by a person that markets its expertise as a provider of such proxy voting advice, separately from other forms of investment advice, and sells such proxy voting advice for a fee, shall be considered to be false or misleading with respect to a material fact..", "id": "HD9580C3DBAF144A4B31C2B3B7FCDFB37", "header": "Liability for certain failures to disclose material information", "nested": [], "links": [ { "text": "15 U.S.C. 78n", "legal-doc": "usc", "parsable-cite": "usc/15/78n" } ] }, { "text": "9. Study of certain issues with respect to shareholder proposals and proxy advisory firms \nNot later than 180 days after the date of the enactment of this Act, and every 5 years thereafter, the Securities and Exchange Commission, including the Office of the Advocate for Small Business Capital Formation, shall carry out a study and submit a report to the Committee on Banking, Housing, and Urban Affairs of the Senate and the Committee on Financial Services of the House of Representatives on shareholder proposals and proxy advisory firms that includes, with respect to, in the case of the first report, the preceding 10 years, and in the case of each subsequent report, the preceding 5 years, the following: (1) The costs that issuers incurred in responding to— (A) politically, environmentally, or socially motivated shareholder proposals; and (B) shareholder proposals that failed to be agreed to more than once. (2) The amount of fees that public companies paid to proxy advisory firms and persons associated with proxy advisory firms. (3) The source of funds with respect to payment of such fees. (4) The academic or professional qualifications of the staff members that provide proxy advisory services at proxy advisory firms. (5) The number of shareholder proposals that, if adopted, would require an issuer to violate a State or Federal law. (6) An estimate of the costs that issuers would incur if such proposals were adopted.", "id": "HC49C06C85BFC4B7CA26352383D668D3F", "header": "Study of certain issues with respect to shareholder proposals and proxy advisory firms", "nested": [], "links": [] } ]
10
1. Short title This Act may be cited as the Putting Investors First Act of 2023. 2. Definitions (a) In general In this Act: (1) Commission The term Commission means the Securities and Exchange Commission. (2) Proxy advisory firm The term proxy advisory firm has the meaning given the term in paragraph (81) of section 3(a) of the Securities Exchange Act of 1934 ( 15 U.S.C. 78c(a) ), as added by this Act. (3) State The term State has the meaning given the term in section 3(a) of the Securities Exchange Act of 1934 ( 15 U.S.C. 78c(a) ). (b) Securities Exchange Act of 1934 definitions Section 3(a) of the Securities Exchange Act of 1934 ( 15 U.S.C. 78c(a) ) is amended by adding at the end the following: (81) Proxy advisory firm The term proxy advisory firm — (A) means any person who is primarily engaged in the business of providing proxy voting advice, research, analysis, ratings, or recommendations to clients, which conduct constitutes a solicitation within the meaning of section 14; and (B) does not include any person that is exempt under law or regulation from the requirements otherwise applicable to persons engaged in such a solicitation. (82) Person associated with a proxy advisory firm The term person associated with a proxy advisory firm— (A) means— (i) any partner, officer, or director of a proxy advisory firm (or any person occupying a similar status or performing similar functions); (ii) any person directly or indirectly controlling, controlled by, or under common control with a proxy advisory firm; (iii) any employee of a proxy advisory firm; or (iv) any person the Commission determines by rule is controlled by a proxy advisory firm; and (B) does not include any person that performs clerical or ministerial functions with respect to a proxy advisory firm.. 3. Registration of proxy advisory firms (a) Amendment The Securities Exchange Act of 1934 ( 15 U.S.C. 78a et seq. ) is amended by inserting after section 15G the following new section: 15H. Registration of proxy advisory firms (a) Conduct prohibited It shall be unlawful for a proxy advisory firm to make use of the mails or any means or instrumentality of interstate commerce to provide proxy voting advice, research, analysis, ratings or recommendations to any client, unless such proxy advisory firm is registered under this section. (b) Registration procedures (1) Application for registration (A) In general A proxy advisory firm shall file with the Commission an application for registration, in such form as the Commission shall require, by rule or regulation, and containing the information described in subparagraph (B). (B) Required information An application for registration under this section shall contain information regarding— (i) a certification that the applicant is able to consistently provide proxy advice based on accurate information; (ii) the procedures and methodologies that the applicant uses in developing proxy voting recommendations; (iii) the organizational structure of the applicant; (iv) whether or not the applicant has in effect a code of ethics, and if not, the reasons therefor; (v) any potential or actual conflict of interest relating to the provision of proxy advisory services, including those arising out of or resulting from the ownership structure of the applicant or the provision of other services by the applicant or any person associated with the applicant; (vi) the policies and procedures in place to publicly disclose and manage conflicts of interest under subsection (f); (vii) information related to the professional and academic qualifications of staff tasked with providing proxy advisory services; and (viii) any other information and documents concerning the applicant and any person associated with such applicant as the Commission, by rule, may prescribe as necessary or appropriate in the public interest or for the protection of investors. (2) Review of application (A) Initial determination Not later than 90 days after the date on which the application for registration is filed with the Commission under paragraph (1) (or within such longer period as to which the applicant consents) the Commission shall— (i) by order, grant registration; or (ii) institute proceedings to determine whether registration should be denied. (B) Conduct of proceedings (i) Content Proceedings referred to in subparagraph (A)(ii) shall— (I) include notice of the grounds for denial under consideration and an opportunity for hearing; and (II) be concluded not later than 120 days after the date on which the application for registration is filed with the Commission under paragraph (1). (ii) Determination At the conclusion of such proceedings, the Commission, by order, shall grant or deny such application for registration. (iii) Extension authorized The Commission may extend the time for conclusion of such proceedings for not longer than 90 days, if the Commission finds good cause for such extension and publishes its reasons for so finding, or for such longer period as to which the applicant consents. (C) Grounds for decision The Commission shall grant registration under this subsection— (i) if the Commission finds that the requirements of this section are satisfied; and (ii) unless the Commission finds (in which case the Commission shall deny such registration) that— (I) the applicant has failed to certify to the Commission’s satisfaction that it is able to consistently provide proxy advice based on accurate information and to materially comply with the procedures and methodologies disclosed under paragraph (1)(B) and with subsections (f) and (g); or (II) if the applicant were so registered, its registration would be subject to suspension or revocation under subsection (d). (3) Public availability of information Subject to section 24, the Commission shall make the information and documents submitted to the Commission by a proxy advisory firm in its completed application for registration, or in any amendment submitted under paragraph (1) or (2) of subsection (c), publicly available on the Commission’s website, or through another comparable, readily accessible means. (c) Update of registration (1) Update Each registered proxy advisory firm shall promptly amend and update its application for registration under this section if any information or document provided therein becomes materially inaccurate, except that a registered proxy advisory firm is not required to amend the information required to be filed under subsection (b)(1)(B)(i) by filing information under this paragraph, but shall amend such information in the annual submission of the organization under paragraph (2) of this subsection. (2) Certification Not later than 90 calendar days after the end of each calendar year, each registered proxy advisory firm shall file with the Commission an amendment to its registration, in such form as the Commission, by rule, may prescribe as necessary or appropriate in the public interest or for the protection of investors— (A) certifying that the information and documents in the application for registration of such registered proxy advisory firm continue to be accurate in all material respects; and (B) listing any material change that occurred to such information or documents during the previous calendar year. (d) Censure, denial, or suspension of registration; notice and hearing The Commission, by order, shall censure, place limitations on the activities, functions, or operations of, suspend for a period not exceeding 12 months, or revoke the registration of any registered proxy advisory firm if the Commission finds, on the record after notice and opportunity for hearing, that such censure, placing of limitations, suspension, or revocation is necessary for the protection of investors and in the public interest and that such registered proxy advisory firm, or any person associated with such an organization, whether prior to or subsequent to becoming so associated— (1) has committed or omitted any act, or is subject to an order or finding, enumerated in subparagraph (A), (D), (E), (H), or (G) of section 15(b)(4), has been convicted of any offense specified in section 15(b)(4)(B), or is enjoined from any action, conduct, or practice specified in subparagraph (C) of section 15(b)(4), during the 10-year period preceding the date of commencement of the proceedings under this subsection, or at any time thereafter; (2) has been convicted during the 10-year period preceding the date on which an application for registration is filed with the Commission under this section, or at any time thereafter, of— (A) any crime that is punishable by imprisonment for 1 or more years, and that is not described in section 15(b)(4)(B); or (B) a substantially equivalent crime by a foreign court of competent jurisdiction; (3) is subject to any order of the Commission barring or suspending the right of the person to be associated with a registered proxy advisory firm; (4) fails to furnish the certifications required under subsections (b)(2)(C)(ii)(I) and (c)(2); (5) has engaged in one or more prohibited acts enumerated in paragraph (1); (6) fails to maintain adequate financial and managerial resources to consistently offer advisory services with integrity, including by failing to comply with subsection (f) or (g); or (7) engages in a prohibited act enumerated in subsection (j). (e) Termination of registration (1) Voluntary withdrawal A registered proxy advisory firm may, upon such terms and conditions as the Commission may establish as necessary in the public interest or for the protection of investors, which terms and conditions shall include at a minimum that the registered proxy advisory firm will no longer conduct such activities as to bring it within the definition of proxy advisory firm in section 3(a)(81), withdraw from registration by filing a written notice of withdrawal to the Commission. (2) Commission authority In addition to any other authority of the Commission under this title, if the Commission finds that a registered proxy advisory firm is no longer in existence or has ceased to do business as a proxy advisory firm, the Commission, by order, shall cancel the registration under this section of such registered proxy advisory firm. (f) Management of conflicts of interest (1) Organization policies and procedures Each registered proxy advisory firm shall establish, maintain, and enforce written policies and procedures reasonably designed, taking into consideration the nature of the business of such registered proxy advisory firm and associated persons, to publicly disclose and manage any conflicts of interest that arise or would reasonably be expected to arise from such business. (2) Commission authority The Commission shall, within one year of enactment, issue final rules to prohibit, or require the management and public disclosure of, any conflicts of interest relating to the offering of proxy advisory services by a registered proxy advisory firm, including, without limitation, conflicts of interest relating to— (A) the manner in which a registered proxy advisory firm is compensated by the client, any affiliate of the client, or any other person for providing proxy advisory services; (B) business relationships, ownership interests, or any other financial or personal interests between a registered proxy advisory firm, or any person associated with such registered proxy advisory firm, and any client, or any affiliate of such client; (C) the formulation of proxy voting policies; (D) the execution, or assistance with the execution, of proxy votes if such votes are based upon recommendations made by the proxy advisory firm in which a person other than the issuer is a proponent; and (E) any other potential conflict of interest, as the Commission deems necessary or appropriate in the public interest or for the protection of investors. (3) Disclosure Each registered proxy advisory firm shall annually disclose to the Commission and make publicly available the economic and other factors that a reasonable investor would expect to influence the recommendations of such proxy advisory firm, including the ownership composition of such proxy advisory firm. (g) Reliability of proxy advisory firm services (1) In general Each registered proxy advisory firm shall— (A) have staff and other resources sufficient to produce proxy voting recommendations that are based on accurate and current information; (B) implement procedures that permit issuers that are the subject of proxy voting recommendations— (i) access in a reasonable time to data and information used to make recommendations; and (ii) a reasonable opportunity to provide meaningful comment and corrections to such data and information, including the opportunity to present (in person or telephonically) details to the person responsible for developing such data and information prior to the publication of proxy voting recommendations to clients; and (C) employ an ombudsman to receive complaints about the accuracy of information used in making recommendations from the subjects of the proxy advisory firm’s voting recommendations and seek to resolve those complaints in a timely fashion and prior to the publication of proxy voting recommendations to clients; (D) if such ombudsman is unable to resolve such complaints prior to the publication of proxy voting recommendations to clients, include in the final report of the firm to clients a statement detailing its complaints, if requested in writing by the company; and (E) provide to clients receiving proxy advisory firm recommendations— (i) information demonstrating that draft recommendations (other than recommendations relating to an issuer-sponsored proposal or recommendations consistent with that of the majority of the board of directors of the issuer) are in the best economic interest of shareholders; and (ii) a certification by the chief executive officer, chief financial officer, and the primary executive responsible for overseeing the compilation and dissemination of proxy voting advice that the draft recommendations (other than recommendations relating to an issuer-sponsored proposal or recommendations consistent with that of the majority of the board of directors of the issuer)— (I) are based on internal controls and procedures that are designed to ensure accurate information; (II) do not violate applicable State or Federal law; and (III) prioritize economic returns to shareholders. (2) Definitions In this subsection: (A) Data and information used to make recommendations The term data and information used to make voting recommendations — (i) means the financial, operational, or descriptive data and information on an issuer used by proxy advisory firms and any contextual or substantive analysis impacting the recommendation; and (ii) does not include the entirety of the proxy advisory firm’s final report to its clients. (B) Reasonable time The term reasonable time — (i) means not less than 1 week before the publication of proxy voting recommendations for clients, unless otherwise defined through a final rule issued by the Commission; and (ii) shall not otherwise interfere with a proxy advisory firm’s ability to provide its clients with timely access to accurate proxy voting research, analysis, or recommendations. (h) Private right of action with respect to illegal recommendations Any proxy advisory firm that endorses a proposal that is not supported by the issuer but is approved and subsequently found by a court of competent jurisdiction to violate State or Federal law shall be liable to the applicable issuer for the costs associated with the approval of such proposal, including implementation costs and any penalties incurred by the issuer. (i) Designation of compliance officer Each registered proxy advisory firm shall designate an individual who reports directly to senior management as responsible for administering the policies and procedures that are required to be established pursuant to subsections (f) and (g), and for ensuring compliance with the securities laws and the rules and regulations thereunder, including those promulgated by the Commission pursuant to this section. (j) Prohibited conduct (1) Prohibited acts and practices Not later than one year after the date of enactment of this section, the Commission shall issue final rules to prohibit any act or practice relating to the offering of proxy advisory services by a registered proxy advisory firm that the Commission determines to be unfair, coercive, or abusive, including any act or practice relating to— (A) advisory or consulting services (offered directly or indirectly, including through an affiliate) related to corporate governance issues; or (B) modifying a voting recommendation or otherwise departing from its adopted systematic procedures and methodologies in the provision of proxy advisory services, based on whether an issuer, or affiliate thereof, subscribes or will subscribe to other services or product of the registered proxy advisory firm or any person associated with such organization. (2) Rule of construction Nothing in paragraph (1), or in any rules or regulations adopted thereunder, may be construed to modify, impair, or supersede the operation of any of the antitrust laws (as defined in the first section of the Clayton Act, except that such term includes section 5 of the Federal Trade Commission Act, to the extent that such section 5 applies to unfair methods of competition). (k) Statements of financial condition Each registered proxy advisory firm shall, on a confidential basis, file with the Commission, at intervals determined by the Commission, such financial statements, certified (if required by the rules or regulations of the Commission) by an independent public auditor, and information concerning its financial condition, as the Commission, by rule, may prescribe as necessary or appropriate in the public interest or for the protection of investors. (l) Annual report Each registered proxy advisory firm shall, at the beginning of each fiscal year of such firm, report to the Commission on the number of— (1) shareholder proposals its staff reviewed in the prior fiscal year; (2) recommendations made in the prior fiscal year; (3) staff who reviewed and made recommendations on such proposals in the prior fiscal year (and the qualifications of such staff); and (4) recommendations made in the prior fiscal year where the proponent of such recommendation was a client of or received services from the proxy advisory firm. (m) Transparent policies Each registered proxy advisory firm shall file with the Commission and make publicly available its methodology for the formulation of proxy voting policies and voting recommendations. (n) Rules of construction Registration under and compliance with this section does not constitute a waiver of, or otherwise diminish, any right, privilege, or defense that a registered proxy advisory firm may otherwise have under any provision of State or Federal law, including any rule, regulation, or order thereunder. (o) Regulations (1) New provisions Such rules and regulations as are required by this section or are otherwise necessary to carry out this section, including the application form required under subsection (a)— (A) shall be issued by the Commission, not later than 180 days after the date of enactment of this section; and (B) shall become effective not later than 1 year after the date of enactment of this section. (2) Review of existing regulations Not later than 270 days after the date of enactment of this section, the Commission shall— (A) review its existing rules and regulations which affect the operations of proxy advisory firms; and (B) amend or revise such rules and regulations in accordance with the purposes of this section, and issue such guidance as the Commission may prescribe as necessary or appropriate in the public interest or for the protection of investors. (p) Applicability This section, other than subsection (n), which shall apply on the date of enactment of this section, shall apply on the earlier of— (1) the date on which regulations are issued in final form under subsection (o)(1); or (2) 270 days after the date of enactment of this section.. (b) Conforming amendment Section 17(a)(1) of the Securities Exchange Act of 1934 ( 15 U.S.C. 78q(a)(1) ) is amended by inserting proxy advisory firm, after nationally recognized statistical rating organization,. 15H. Registration of proxy advisory firms (a) Conduct prohibited It shall be unlawful for a proxy advisory firm to make use of the mails or any means or instrumentality of interstate commerce to provide proxy voting advice, research, analysis, ratings or recommendations to any client, unless such proxy advisory firm is registered under this section. (b) Registration procedures (1) Application for registration (A) In general A proxy advisory firm shall file with the Commission an application for registration, in such form as the Commission shall require, by rule or regulation, and containing the information described in subparagraph (B). (B) Required information An application for registration under this section shall contain information regarding— (i) a certification that the applicant is able to consistently provide proxy advice based on accurate information; (ii) the procedures and methodologies that the applicant uses in developing proxy voting recommendations; (iii) the organizational structure of the applicant; (iv) whether or not the applicant has in effect a code of ethics, and if not, the reasons therefor; (v) any potential or actual conflict of interest relating to the provision of proxy advisory services, including those arising out of or resulting from the ownership structure of the applicant or the provision of other services by the applicant or any person associated with the applicant; (vi) the policies and procedures in place to publicly disclose and manage conflicts of interest under subsection (f); (vii) information related to the professional and academic qualifications of staff tasked with providing proxy advisory services; and (viii) any other information and documents concerning the applicant and any person associated with such applicant as the Commission, by rule, may prescribe as necessary or appropriate in the public interest or for the protection of investors. (2) Review of application (A) Initial determination Not later than 90 days after the date on which the application for registration is filed with the Commission under paragraph (1) (or within such longer period as to which the applicant consents) the Commission shall— (i) by order, grant registration; or (ii) institute proceedings to determine whether registration should be denied. (B) Conduct of proceedings (i) Content Proceedings referred to in subparagraph (A)(ii) shall— (I) include notice of the grounds for denial under consideration and an opportunity for hearing; and (II) be concluded not later than 120 days after the date on which the application for registration is filed with the Commission under paragraph (1). (ii) Determination At the conclusion of such proceedings, the Commission, by order, shall grant or deny such application for registration. (iii) Extension authorized The Commission may extend the time for conclusion of such proceedings for not longer than 90 days, if the Commission finds good cause for such extension and publishes its reasons for so finding, or for such longer period as to which the applicant consents. (C) Grounds for decision The Commission shall grant registration under this subsection— (i) if the Commission finds that the requirements of this section are satisfied; and (ii) unless the Commission finds (in which case the Commission shall deny such registration) that— (I) the applicant has failed to certify to the Commission’s satisfaction that it is able to consistently provide proxy advice based on accurate information and to materially comply with the procedures and methodologies disclosed under paragraph (1)(B) and with subsections (f) and (g); or (II) if the applicant were so registered, its registration would be subject to suspension or revocation under subsection (d). (3) Public availability of information Subject to section 24, the Commission shall make the information and documents submitted to the Commission by a proxy advisory firm in its completed application for registration, or in any amendment submitted under paragraph (1) or (2) of subsection (c), publicly available on the Commission’s website, or through another comparable, readily accessible means. (c) Update of registration (1) Update Each registered proxy advisory firm shall promptly amend and update its application for registration under this section if any information or document provided therein becomes materially inaccurate, except that a registered proxy advisory firm is not required to amend the information required to be filed under subsection (b)(1)(B)(i) by filing information under this paragraph, but shall amend such information in the annual submission of the organization under paragraph (2) of this subsection. (2) Certification Not later than 90 calendar days after the end of each calendar year, each registered proxy advisory firm shall file with the Commission an amendment to its registration, in such form as the Commission, by rule, may prescribe as necessary or appropriate in the public interest or for the protection of investors— (A) certifying that the information and documents in the application for registration of such registered proxy advisory firm continue to be accurate in all material respects; and (B) listing any material change that occurred to such information or documents during the previous calendar year. (d) Censure, denial, or suspension of registration; notice and hearing The Commission, by order, shall censure, place limitations on the activities, functions, or operations of, suspend for a period not exceeding 12 months, or revoke the registration of any registered proxy advisory firm if the Commission finds, on the record after notice and opportunity for hearing, that such censure, placing of limitations, suspension, or revocation is necessary for the protection of investors and in the public interest and that such registered proxy advisory firm, or any person associated with such an organization, whether prior to or subsequent to becoming so associated— (1) has committed or omitted any act, or is subject to an order or finding, enumerated in subparagraph (A), (D), (E), (H), or (G) of section 15(b)(4), has been convicted of any offense specified in section 15(b)(4)(B), or is enjoined from any action, conduct, or practice specified in subparagraph (C) of section 15(b)(4), during the 10-year period preceding the date of commencement of the proceedings under this subsection, or at any time thereafter; (2) has been convicted during the 10-year period preceding the date on which an application for registration is filed with the Commission under this section, or at any time thereafter, of— (A) any crime that is punishable by imprisonment for 1 or more years, and that is not described in section 15(b)(4)(B); or (B) a substantially equivalent crime by a foreign court of competent jurisdiction; (3) is subject to any order of the Commission barring or suspending the right of the person to be associated with a registered proxy advisory firm; (4) fails to furnish the certifications required under subsections (b)(2)(C)(ii)(I) and (c)(2); (5) has engaged in one or more prohibited acts enumerated in paragraph (1); (6) fails to maintain adequate financial and managerial resources to consistently offer advisory services with integrity, including by failing to comply with subsection (f) or (g); or (7) engages in a prohibited act enumerated in subsection (j). (e) Termination of registration (1) Voluntary withdrawal A registered proxy advisory firm may, upon such terms and conditions as the Commission may establish as necessary in the public interest or for the protection of investors, which terms and conditions shall include at a minimum that the registered proxy advisory firm will no longer conduct such activities as to bring it within the definition of proxy advisory firm in section 3(a)(81), withdraw from registration by filing a written notice of withdrawal to the Commission. (2) Commission authority In addition to any other authority of the Commission under this title, if the Commission finds that a registered proxy advisory firm is no longer in existence or has ceased to do business as a proxy advisory firm, the Commission, by order, shall cancel the registration under this section of such registered proxy advisory firm. (f) Management of conflicts of interest (1) Organization policies and procedures Each registered proxy advisory firm shall establish, maintain, and enforce written policies and procedures reasonably designed, taking into consideration the nature of the business of such registered proxy advisory firm and associated persons, to publicly disclose and manage any conflicts of interest that arise or would reasonably be expected to arise from such business. (2) Commission authority The Commission shall, within one year of enactment, issue final rules to prohibit, or require the management and public disclosure of, any conflicts of interest relating to the offering of proxy advisory services by a registered proxy advisory firm, including, without limitation, conflicts of interest relating to— (A) the manner in which a registered proxy advisory firm is compensated by the client, any affiliate of the client, or any other person for providing proxy advisory services; (B) business relationships, ownership interests, or any other financial or personal interests between a registered proxy advisory firm, or any person associated with such registered proxy advisory firm, and any client, or any affiliate of such client; (C) the formulation of proxy voting policies; (D) the execution, or assistance with the execution, of proxy votes if such votes are based upon recommendations made by the proxy advisory firm in which a person other than the issuer is a proponent; and (E) any other potential conflict of interest, as the Commission deems necessary or appropriate in the public interest or for the protection of investors. (3) Disclosure Each registered proxy advisory firm shall annually disclose to the Commission and make publicly available the economic and other factors that a reasonable investor would expect to influence the recommendations of such proxy advisory firm, including the ownership composition of such proxy advisory firm. (g) Reliability of proxy advisory firm services (1) In general Each registered proxy advisory firm shall— (A) have staff and other resources sufficient to produce proxy voting recommendations that are based on accurate and current information; (B) implement procedures that permit issuers that are the subject of proxy voting recommendations— (i) access in a reasonable time to data and information used to make recommendations; and (ii) a reasonable opportunity to provide meaningful comment and corrections to such data and information, including the opportunity to present (in person or telephonically) details to the person responsible for developing such data and information prior to the publication of proxy voting recommendations to clients; and (C) employ an ombudsman to receive complaints about the accuracy of information used in making recommendations from the subjects of the proxy advisory firm’s voting recommendations and seek to resolve those complaints in a timely fashion and prior to the publication of proxy voting recommendations to clients; (D) if such ombudsman is unable to resolve such complaints prior to the publication of proxy voting recommendations to clients, include in the final report of the firm to clients a statement detailing its complaints, if requested in writing by the company; and (E) provide to clients receiving proxy advisory firm recommendations— (i) information demonstrating that draft recommendations (other than recommendations relating to an issuer-sponsored proposal or recommendations consistent with that of the majority of the board of directors of the issuer) are in the best economic interest of shareholders; and (ii) a certification by the chief executive officer, chief financial officer, and the primary executive responsible for overseeing the compilation and dissemination of proxy voting advice that the draft recommendations (other than recommendations relating to an issuer-sponsored proposal or recommendations consistent with that of the majority of the board of directors of the issuer)— (I) are based on internal controls and procedures that are designed to ensure accurate information; (II) do not violate applicable State or Federal law; and (III) prioritize economic returns to shareholders. (2) Definitions In this subsection: (A) Data and information used to make recommendations The term data and information used to make voting recommendations — (i) means the financial, operational, or descriptive data and information on an issuer used by proxy advisory firms and any contextual or substantive analysis impacting the recommendation; and (ii) does not include the entirety of the proxy advisory firm’s final report to its clients. (B) Reasonable time The term reasonable time — (i) means not less than 1 week before the publication of proxy voting recommendations for clients, unless otherwise defined through a final rule issued by the Commission; and (ii) shall not otherwise interfere with a proxy advisory firm’s ability to provide its clients with timely access to accurate proxy voting research, analysis, or recommendations. (h) Private right of action with respect to illegal recommendations Any proxy advisory firm that endorses a proposal that is not supported by the issuer but is approved and subsequently found by a court of competent jurisdiction to violate State or Federal law shall be liable to the applicable issuer for the costs associated with the approval of such proposal, including implementation costs and any penalties incurred by the issuer. (i) Designation of compliance officer Each registered proxy advisory firm shall designate an individual who reports directly to senior management as responsible for administering the policies and procedures that are required to be established pursuant to subsections (f) and (g), and for ensuring compliance with the securities laws and the rules and regulations thereunder, including those promulgated by the Commission pursuant to this section. (j) Prohibited conduct (1) Prohibited acts and practices Not later than one year after the date of enactment of this section, the Commission shall issue final rules to prohibit any act or practice relating to the offering of proxy advisory services by a registered proxy advisory firm that the Commission determines to be unfair, coercive, or abusive, including any act or practice relating to— (A) advisory or consulting services (offered directly or indirectly, including through an affiliate) related to corporate governance issues; or (B) modifying a voting recommendation or otherwise departing from its adopted systematic procedures and methodologies in the provision of proxy advisory services, based on whether an issuer, or affiliate thereof, subscribes or will subscribe to other services or product of the registered proxy advisory firm or any person associated with such organization. (2) Rule of construction Nothing in paragraph (1), or in any rules or regulations adopted thereunder, may be construed to modify, impair, or supersede the operation of any of the antitrust laws (as defined in the first section of the Clayton Act, except that such term includes section 5 of the Federal Trade Commission Act, to the extent that such section 5 applies to unfair methods of competition). (k) Statements of financial condition Each registered proxy advisory firm shall, on a confidential basis, file with the Commission, at intervals determined by the Commission, such financial statements, certified (if required by the rules or regulations of the Commission) by an independent public auditor, and information concerning its financial condition, as the Commission, by rule, may prescribe as necessary or appropriate in the public interest or for the protection of investors. (l) Annual report Each registered proxy advisory firm shall, at the beginning of each fiscal year of such firm, report to the Commission on the number of— (1) shareholder proposals its staff reviewed in the prior fiscal year; (2) recommendations made in the prior fiscal year; (3) staff who reviewed and made recommendations on such proposals in the prior fiscal year (and the qualifications of such staff); and (4) recommendations made in the prior fiscal year where the proponent of such recommendation was a client of or received services from the proxy advisory firm. (m) Transparent policies Each registered proxy advisory firm shall file with the Commission and make publicly available its methodology for the formulation of proxy voting policies and voting recommendations. (n) Rules of construction Registration under and compliance with this section does not constitute a waiver of, or otherwise diminish, any right, privilege, or defense that a registered proxy advisory firm may otherwise have under any provision of State or Federal law, including any rule, regulation, or order thereunder. (o) Regulations (1) New provisions Such rules and regulations as are required by this section or are otherwise necessary to carry out this section, including the application form required under subsection (a)— (A) shall be issued by the Commission, not later than 180 days after the date of enactment of this section; and (B) shall become effective not later than 1 year after the date of enactment of this section. (2) Review of existing regulations Not later than 270 days after the date of enactment of this section, the Commission shall— (A) review its existing rules and regulations which affect the operations of proxy advisory firms; and (B) amend or revise such rules and regulations in accordance with the purposes of this section, and issue such guidance as the Commission may prescribe as necessary or appropriate in the public interest or for the protection of investors. (p) Applicability This section, other than subsection (n), which shall apply on the date of enactment of this section, shall apply on the earlier of— (1) the date on which regulations are issued in final form under subsection (o)(1); or (2) 270 days after the date of enactment of this section. 4. Duties of investment advisors, asset managers, and pension funds (a) Reporting requirements Not later than 1 year after the date of the enactment of this Act and annually thereafter, any covered entity that retains the services of a proxy advisory firm with respect to the preceding year shall provide to the beneficiaries and customers of the covered entity, as applicable, a report that includes— (1) the percentage of votes cast on shareholder proposals that follow proxy advisor firm recommendations for each proxy advisory firm retained by the covered entity; (2) the percentage of votes cast on environmental-, social-, or governance-related shareholder proposals that follow proxy advisory firm recommendations for each proxy advisory firm retained by the covered entity; and (3) an explanation of— (A) how proxy advisory firm recommendations are used by the covered entity in making voting decisions; (B) how such recommendations are reconciled with the fiduciary duty of the covered entity to vote in the best economic interests of shareholders; (C) how frequently votes are changed when an error occurs or due to new information from issuers; and (D) the degree to which investment professionals of the covered entity are involved in such voting decisions. (b) Requirements With respect to shareholder proposals of an issuer, a covered entity with more than $100,000,000,000 in assets under management shall— (1) provide customers with a mechanism to indicate how the covered entity should vote on their behalf; (2) in any materials provided to customers and related to customers voting their shares, clarify that shareholders are not required to vote on every proposal; and (3) with respect to each shareholder proposal for which the covered entity voted (other than an issuer-sponsored proposal or a vote consistent with the recommendation of the majority of the board of directors of the issuer), make publicly available the economic analysis the covered entity conducted to determine that the vote is in the best economic interest of the customers. (c) Covered entity defined In this section, the term covered entity means an investment advisor, asset manager, or pension fund with more than $100,000,000 in assets under management. 5. Transparency regarding ESG funds Section 10 of the Securities Act of 1933 ( 15 U.S.C. 77j ) is amended by adding at the end the following: (g) Transparency regarding ESG funds An investment company that holds itself out as offering an index fund under which investments are made pursuant to a set of environmental, social, or governance standards shall disclose in tabular form on the first page of each prospectus required pursuant to this section the 1-, 3-, and 5-year annual returns and fees charged to investors with respect to such fund compared with the annual returns and fees charged to investors for the most readily comparable broad-based index fund offered by such investment company under which investments are not made pursuant to such standards, or if such investment company does not offer a comparable index fund, a reasonably similar comparison to a readily comparable broad-based index fund.. 6. Resubmission thresholds for shareholder proposals Section 14 of the Securities Exchange Act of 1934 ( 15 U.S.C. 78n ) is amended by adding at the end the following: (k) Exclusion of certain shareholder proposal resubmissions A shareholder proposal may be excluded from any proxy or consent solicitation material for an annual meeting of the shareholders of an issuer if the proposal— (1) is not germane (without regard to whether the proposal involves a significant social policy issue); or (2) addresses substantially the same subject matter (without regard to whether the proposal involves a significant social policy issue) as a proposal previously included in the proxy or consent solicitation material for an annual meeting of the shareholders of an issuer— (A) for a meeting of the shareholders conducted in the preceding 5 years; and (B) if the most recent vote— (i) occurred in the preceding 3 years; and (ii) (I) if voted on once during such period, received less than 5 percent of the votes; (II) if voted on twice during such period, received less than 15 percent of the votes; or (III) if voted on three or more times during such period, received less 25 percent of the votes.. 7. Prohibition on robovoting Section 14 of the Securities Exchange Act of 1934 ( 15 U.S.C. 78n ) is further amended by adding at the end the following: (l) Prohibition on robovoting (1) In general The Commission shall issue final rules prohibiting the use of robovoting with respect to votes related to proxy or consent solicitation materials. (2) Robovoting defined The term robovoting means the practice of automatically voting in a manner consistent with the recommendations of a proxy advisory firm.. 8. Liability for certain failures to disclose material information Section 14 of the Securities Exchange Act of 1934 ( 15 U.S.C. 78n ) is further amended by adding at the end the following: (m) False or misleading statements For purposes of section 18, failure to disclose material information regarding proxy voting advice that makes a recommendation to a security holder as to its vote, consent, or authorization on a specific matter for which security holder approval is solicited, and that is furnished by a person that markets its expertise as a provider of such proxy voting advice, separately from other forms of investment advice, and sells such proxy voting advice for a fee, shall be considered to be false or misleading with respect to a material fact.. 9. Study of certain issues with respect to shareholder proposals and proxy advisory firms Not later than 180 days after the date of the enactment of this Act, and every 5 years thereafter, the Securities and Exchange Commission, including the Office of the Advocate for Small Business Capital Formation, shall carry out a study and submit a report to the Committee on Banking, Housing, and Urban Affairs of the Senate and the Committee on Financial Services of the House of Representatives on shareholder proposals and proxy advisory firms that includes, with respect to, in the case of the first report, the preceding 10 years, and in the case of each subsequent report, the preceding 5 years, the following: (1) The costs that issuers incurred in responding to— (A) politically, environmentally, or socially motivated shareholder proposals; and (B) shareholder proposals that failed to be agreed to more than once. (2) The amount of fees that public companies paid to proxy advisory firms and persons associated with proxy advisory firms. (3) The source of funds with respect to payment of such fees. (4) The academic or professional qualifications of the staff members that provide proxy advisory services at proxy advisory firms. (5) The number of shareholder proposals that, if adopted, would require an issuer to violate a State or Federal law. (6) An estimate of the costs that issuers would incur if such proposals were adopted.
45,948
[ "Financial Services Committee" ]
118hr5645ih
118
hr
5,645
ih
To establish a matched savings program for low-income students.
[ { "text": "1. Short title \nThis Act may be cited as the Earn to Learn Act.", "id": "H987DF99CDAE1472384B0CC92F0C50736", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Findings \nCongress finds the following: (1) Skyrocketing costs of higher education are outpacing available financial aid. Individuals in the United States owe more than $1,700,000,000,000 in student loan debt, and more than 3,000 student loan borrowers default on a student loan every day, many of whom did not complete their educational program before obtaining a degree. (2) The cost of paying for public higher education and workforce training programs continues to rise while the purchasing power of Federal Pell Grant aid has significantly diminished. (3) The confluence of these issues forces prospective students to make the tough choice between foregoing postsecondary education and borrowing enough money to pay for it, an amount that is often many times their annual salary and can remain a financial burden for decades after these students graduate. (4) The higher rates of loan delinquencies and default among low- and moderate-income populations often lead to increased financial hardship, fewer assets, and lower net worth. (5) In 2013, the Brookings Institute found that the increasing debt burden represents a drag on recent graduates and also serves as a deterrent to would-be students who may question the trade-off between the debt burden and the payoff of a college degree. (6) During the 2015–2016 academic year, the Department of Education found that nearly 3 in 4 students experienced unmet need, and that unmet need among postsecondary students had risen by 23 percent since the 2011–2012 academic year. (7) The Federal Reserve System has determined student loan payments are displacing retirement savings, home ownership, small business development, and other forms of building wealth. (8) The Report on the Economic Well-Being of United States Households in 2018 by the Federal Reserve found that 2 in 3 graduates with a bachelor’s degree or higher feel that their educational investment paid off financially, but only 3 in 10 students who started higher education programs but did not complete a degree share this view. (9) The United States urgently needs a new, innovative approach to financial aid to help low-income students achieve their educational goals, graduate with affordable amounts of student loan debt, and improve their financial capability.", "id": "H4AD860C8242149B7A43EC3E161F83CDB", "header": "Findings", "nested": [], "links": [] }, { "text": "3. Purpose \nIt is the purpose of this Act to— (1) establish a proven and innovative matched savings program for low-income students that provides the financial resources and support those students need to attain their educational goals; (2) provide a much-needed supplement to traditional financial aid options through matched savings; (3) give students the tools to succeed by giving students the opportunity to invest in their education and to improve their financial capability through financial empowerment training and success coaching; and (4) help students— (A) develop healthy financial habits and life skills; (B) prepare to embark on a lifetime of healthy financial practices after graduation; and (C) minimize or eliminate student loan debt.", "id": "H0E8CBB10D04A4DF4A5CBD0D06829DFA6", "header": "Purpose", "nested": [], "links": [] }, { "text": "4. Definitions \nIn this Act: (1) 529 account \nThe term 529 account means a qualified tuition program as defined in section 529(b) of the Internal Revenue Code of 1986. (2) Eligible educational institution \nThe term eligible educational institution means— (A) an institution of higher education, as defined in section 102 of the Higher Education Act of 1965 ( 20 U.S.C. 1002 ); or (B) an area career and technical education school, as defined in section 3(3) of the Carl D. Perkins Career and Technical Education Act of 2006 ( 20 U.S.C. 2302(3) ). (3) Eligible entity \nThe term eligible entity means a State or a nonprofit organization. (4) Eligible student \nThe term eligible student means an individual who— (A) is selected to participate in a postsecondary education match savings account program; (B) has been admitted to an eligible educational institution; (C) is a student from a low-income family, as determined by the eligible entity; (D) successfully completes a required prerequisite personal finance training program; (E) agrees to contribute savings to the postsecondary education match savings account administered by the eligible entity under this section; and (F) meets any other eligibility criteria as defined by the eligible entity. (5) Financial capability training platform \nThe term Financial Capability Training Platform means a program for use by a postsecondary education match savings account program carried out with a grant under section 5 that— (A) delivers financial capability training to participating students that is designed to help students improve their financial capability and overall financial well-being; (B) includes an initial assessment to identify individual learning goals and objectives; (C) creates a personal and dynamic learning experience for each individual participant, including ongoing assessments and interim milestones related to learning objectives and longer-term goals; and (D) includes modules on student loans, financial aid, budgeting and credit, consumer debt, housing costs, retirement, the importance of emergency savings, banking (including checking and savings accounts), credit use and interest rates, predatory lending practices, privacy, and security, which shall be conducted by or at the direction of the eligible entity. (6) Postsecondary education match savings account \nThe term postsecondary education match savings account means an account that is— (A) a custodial account; or (B) a 529 account. (7) Program guide \nThe term Program Guide means a guide that includes program policies and procedures, a savings plan agreement template, a withdrawal form template, recommended timelines, other key forms, and the structure for implementing and reporting program results for a postsecondary education match savings account program carried out with a grant under this section. (8) Reporting dashboard \nThe term Reporting Dashboard means a robust online data portal for postsecondary education match savings account programs carried out with a grant under this section that— (A) allows eligible entities to monitor student progress, track achievement, and measure relevant behavioral change; (B) standardizes and facilitates student evaluation across participating eligible educational institutions; and (C) is in compliance with the requirements of section 444 of the General Education Provisions Act (commonly known as the Family Educational Rights and Privacy Act of 1974 ) ( 20 U.S.C. 1232g ). (9) Secretary \nThe term Secretary means the Secretary of Education. (10) Student with preliminary eligibility \nThe term student with preliminary eligibility means an individual who— (A) is from a low-income family, as determined by an eligible entity; (B) plans to attend an eligible educational institution; and (C) meets the requirements described in subparagraphs (E) and (F) of paragraph (4). (11) Success coaching model \nThe term Success Coaching Model includes— (A) financial capability training to address budgeting, managing student debt, savings, debit management, credit cards, retirement readiness, and credit reports; (B) postsecondary education readiness training that provides mentoring to help students be better prepared for the challenges of postsecondary education; and (C) workforce readiness training to learn interviewing, resume skills, and career exploration.", "id": "H132886B6AA7646B5818A62F20E01A14B", "header": "Definitions", "nested": [], "links": [ { "text": "section 529(b)", "legal-doc": "usc", "parsable-cite": "usc/26/529" }, { "text": "20 U.S.C. 1002", "legal-doc": "usc", "parsable-cite": "usc/20/1002" }, { "text": "20 U.S.C. 2302(3)", "legal-doc": "usc", "parsable-cite": "usc/20/2302" }, { "text": "20 U.S.C. 1232g", "legal-doc": "usc", "parsable-cite": "usc/20/1232g" } ] }, { "text": "5. Postsecondary education match savings account demonstration grant program \n(a) Grant established \n(1) In general \nNot later than 9 months after the date of enactment of this Act, the Secretary shall establish a postsecondary education match savings account demonstration grant program described in this section, through which the Secretary shall award grants, on a competitive basis, to eligible entities to enable those eligible entities to carry out the activities described in subsection (e). (2) Tools for grantees \nThe Secretary shall develop the Reporting Dashboard, Financial Capability Training Platform, Program Guide, and Success Coaching Model and make those tools available to grantees. (3) Pell eligibility not affected \nThe Secretary shall ensure that, notwithstanding any other provision of law— (A) participation in the grant program shall not affect a student's eligibility for a Federal Pell Grant under section 401 of the Higher Education Act of 1965 ( 20 U.S.C. 1070a ); and (B) funds deposited in a postsecondary education match savings account by a participating student, as well as any matching funds under this section, shall not be considered when a determination is made about that student's eligibility for Federal student aid under title IV of the Higher Education Act of 1965 ( 20 U.S.C. 1070 et seq. ), including for a Federal Pell Grant. (b) Application \nAn eligible entity that desires to participate in the grant program under this section shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may determine, including, at a minimum— (1) a demonstration of— (A) a commitment of non-Federal matching funds at a ratio of 1:1 (which non-Federal funds may be provided by an entity other than the eligible entity); (B) the ability to launch and implement the program; and (C) a plan for compliance with evaluation and program monitoring; and (2) an assurance that the applicant will utilize the Reporting Dashboard, Financial Capability Training Platform, and Success Coaching Model developed by the Secretary under subsection (a)(2). (c) Selection \n(1) Priority \nIn selecting eligible entities to participate in the grant program under this section, the Secretary shall give priority to eligible entities that— (A) target eligible students and students with preliminary eligibility at a statewide level with networks of participating eligible educational institutions; and (B) commit to supporting selected students through the student's graduation from an eligible educational institution. (2) Diversity of projects \nThe Secretary shall ensure, to the maximum extent practicable, that the eligible entities awarded grants under this section include eligible entities that represent a range of communities (both rural and urban) and diverse populations. (d) Amount \nA grant awarded under this section shall be in an amount not to exceed the lesser of— (1) the aggregate amount of funds committed as matching contributions from non-Federal public or private sector sources; or (2) $10,000,000. (e) Uses of funds \n(1) In general \nAn eligible entity receiving a grant under this section shall use the grant funds to— (A) select eligible students, or students with preliminary eligibility, in the State in which the eligible entity is located to participate in the grant program; (B) provide selected students with financial literacy education using the Success Coaching Model; (C) after ensuring that a selected eligible student or selected student with preliminary eligibility has completed an agreement regarding the terms and conditions of the postsecondary education match savings account, establish a postsecondary education match savings account for each participating eligible student or student with preliminary eligibility and allow students and their families to deposit funds in that account to save for attendance at an eligible educational institution; and (D) reserve matching funds for participating students in accordance with paragraph (2). (2) Matching funds \n(A) In general \nUpon a participating student or student's family depositing $100 into a postsecondary education match savings account for the appropriate academic year, the eligible entity shall provide a match of $8 into the student's postsecondary education match savings account for each subsequent dollar deposited by the student or student's family. (B) Withdrawal from school \nIf a participating student withdraws from an eligible educational institution during the drop-add period at that eligible educational institution, the student shall be responsible for any amounts owed for that academic period and will not receive matching funds for that academic period. (C) Delay of attendance; extenuating circumstances \nSubject to paragraph (3), each eligible entity shall describe in the agreement under paragraph (1)(C) the eligible entity's policy regarding the availability of matching funds in the event a student decides to delay attendance at an eligible educational institution or in the case of extenuating circumstances, such as illness of a student. (3) Return of deposited funds \n(A) In general \nEach eligible entity shall ensure that a participating eligible student, or a student with preliminary eligibility, who does not meet or maintain the requirements of paragraph (4) or (10) of section 4, respectively, shall be entitled to withdraw funds that the student or the student's family contributed to the postsecondary education match savings account in accordance with the terms and conditions that are contained in the agreement for that postsecondary education match savings account, as described in paragraph (1)(C). (B) Expiration \n(i) In general \nThe participation of an eligible student or student with preliminary eligibility in the postsecondary education match savings account demonstration grant program shall terminate on the expiration date described in clause (ii). The eligible entity shall cease reserving matching funds on behalf of that student as described in paragraph (1)(D). Any remaining funds that the student or the student's family deposited in a postsecondary education match savings account shall be made available for withdrawal in accordance with subparagraph (A). (ii) Expiration date \nThe expiration date described in this clause is— (I) the date that is 8 years after the date on which a participating eligible student first enrolled in an eligible educational institution; or (II) in the case of a student with preliminary eligibility, or a participating eligible student who does not enroll in an eligible educational institution, the date that is 4 years after the date on which the student first agrees to participate in the postsecondary education match savings account demonstration grant program. (4) Management costs \nAn eligible entity receiving a grant under this section may use not more than 5 percent of grant funds for management costs, which may include nonadministrative and administrative functions, including program management, reporting requirements, recruitment and enrollment of individuals, and monitoring. (f) Data sharing \nAn eligible entity receiving a grant under this section shall enter into a data sharing agreement with eligible educational institutions in order to exchange data necessary to carry out the activities described in this section. Such data sharing shall be carried out in a manner that complies with the requirements of section 444 of the General Education Provisions Act (commonly known as the Family Educational Rights and Privacy Act of 1974 ) ( 20 U.S.C. 1232g ). (g) Annual progress reports \nEach eligible entity receiving a grant under this section shall prepare and submit to the Secretary an annual progress report containing the following information, in the aggregate and in a manner that protects personally identifiable information in accordance with Federal privacy laws: (1) The number and characteristics of participating students making a deposit into a postsecondary education match savings account supported under this section. (2) Data on program goals and achievements including enrollment rates, first-year retention rates, program completion, average Federal student loan debt, and share of participating eligible students borrowing Federal student loans. (3) The amount that the eligible entity has reserved in accordance with subsection (e)(1)(D). (4) The aggregate amounts deposited in postsecondary education match savings accounts by participating students and their families. (5) What service configurations of the eligible entity (such as configurations relating to peer support, structured planning exercises, mentoring, and case management) increased the rate and consistency of participation in the demonstration project and how such configurations varied among different populations or communities. (6) Such other information as the Secretary may require to evaluate the demonstration project. (h) Report to congress \nNot later than 1 year after the establishment of the demonstration project under this section, the Secretary shall prepare and submit to Congress a report containing the following information: (1) The effects of incentives and organizational or institutional support on postsecondary retention in the demonstration project. (2) The savings rates of individuals in the demonstration project, in the aggregate and disaggregated by demographic characteristics including gender, age, family size, race or ethnic background, and income. (3) The effects of postsecondary education match savings accounts on savings rates and postsecondary education retention and completion, and how such effects vary among different populations or communities. (4) The lessons to be learned from the demonstration projects conducted under this section and whether a permanent postsecondary education savings grant program should be established. (5) The characteristics of postsecondary education match savings accounts (such as threshold amounts and match rates) required to stimulate participation in the demonstration project, and how such characteristics vary among different populations or communities. (6) Such other factors as may be prescribed by the Secretary. (i) Technical assistance \nThe Secretary may reserve not more than 10 percent of the amounts appropriated under section 6 to provide technical assistance to eligible entities receiving grants under this section.", "id": "H043FF80BCBD548E3915903921C64FE3D", "header": "Postsecondary education match savings account demonstration grant program", "nested": [ { "text": "(a) Grant established \n(1) In general \nNot later than 9 months after the date of enactment of this Act, the Secretary shall establish a postsecondary education match savings account demonstration grant program described in this section, through which the Secretary shall award grants, on a competitive basis, to eligible entities to enable those eligible entities to carry out the activities described in subsection (e). (2) Tools for grantees \nThe Secretary shall develop the Reporting Dashboard, Financial Capability Training Platform, Program Guide, and Success Coaching Model and make those tools available to grantees. (3) Pell eligibility not affected \nThe Secretary shall ensure that, notwithstanding any other provision of law— (A) participation in the grant program shall not affect a student's eligibility for a Federal Pell Grant under section 401 of the Higher Education Act of 1965 ( 20 U.S.C. 1070a ); and (B) funds deposited in a postsecondary education match savings account by a participating student, as well as any matching funds under this section, shall not be considered when a determination is made about that student's eligibility for Federal student aid under title IV of the Higher Education Act of 1965 ( 20 U.S.C. 1070 et seq. ), including for a Federal Pell Grant.", "id": "H5A6D8265515A4327A289B01405C63002", "header": "Grant established", "nested": [], "links": [ { "text": "20 U.S.C. 1070a", "legal-doc": "usc", "parsable-cite": "usc/20/1070a" }, { "text": "20 U.S.C. 1070 et seq.", "legal-doc": "usc", "parsable-cite": "usc/20/1070" } ] }, { "text": "(b) Application \nAn eligible entity that desires to participate in the grant program under this section shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may determine, including, at a minimum— (1) a demonstration of— (A) a commitment of non-Federal matching funds at a ratio of 1:1 (which non-Federal funds may be provided by an entity other than the eligible entity); (B) the ability to launch and implement the program; and (C) a plan for compliance with evaluation and program monitoring; and (2) an assurance that the applicant will utilize the Reporting Dashboard, Financial Capability Training Platform, and Success Coaching Model developed by the Secretary under subsection (a)(2).", "id": "HEB8A33FB95C840D0847B3B0A6B154986", "header": "Application", "nested": [], "links": [] }, { "text": "(c) Selection \n(1) Priority \nIn selecting eligible entities to participate in the grant program under this section, the Secretary shall give priority to eligible entities that— (A) target eligible students and students with preliminary eligibility at a statewide level with networks of participating eligible educational institutions; and (B) commit to supporting selected students through the student's graduation from an eligible educational institution. (2) Diversity of projects \nThe Secretary shall ensure, to the maximum extent practicable, that the eligible entities awarded grants under this section include eligible entities that represent a range of communities (both rural and urban) and diverse populations.", "id": "HC1BBB85822684BDB89347A2BD2C824F8", "header": "Selection", "nested": [], "links": [] }, { "text": "(d) Amount \nA grant awarded under this section shall be in an amount not to exceed the lesser of— (1) the aggregate amount of funds committed as matching contributions from non-Federal public or private sector sources; or (2) $10,000,000.", "id": "H64112E7087144F98B20071B7FE4166B1", "header": "Amount", "nested": [], "links": [] }, { "text": "(e) Uses of funds \n(1) In general \nAn eligible entity receiving a grant under this section shall use the grant funds to— (A) select eligible students, or students with preliminary eligibility, in the State in which the eligible entity is located to participate in the grant program; (B) provide selected students with financial literacy education using the Success Coaching Model; (C) after ensuring that a selected eligible student or selected student with preliminary eligibility has completed an agreement regarding the terms and conditions of the postsecondary education match savings account, establish a postsecondary education match savings account for each participating eligible student or student with preliminary eligibility and allow students and their families to deposit funds in that account to save for attendance at an eligible educational institution; and (D) reserve matching funds for participating students in accordance with paragraph (2). (2) Matching funds \n(A) In general \nUpon a participating student or student's family depositing $100 into a postsecondary education match savings account for the appropriate academic year, the eligible entity shall provide a match of $8 into the student's postsecondary education match savings account for each subsequent dollar deposited by the student or student's family. (B) Withdrawal from school \nIf a participating student withdraws from an eligible educational institution during the drop-add period at that eligible educational institution, the student shall be responsible for any amounts owed for that academic period and will not receive matching funds for that academic period. (C) Delay of attendance; extenuating circumstances \nSubject to paragraph (3), each eligible entity shall describe in the agreement under paragraph (1)(C) the eligible entity's policy regarding the availability of matching funds in the event a student decides to delay attendance at an eligible educational institution or in the case of extenuating circumstances, such as illness of a student. (3) Return of deposited funds \n(A) In general \nEach eligible entity shall ensure that a participating eligible student, or a student with preliminary eligibility, who does not meet or maintain the requirements of paragraph (4) or (10) of section 4, respectively, shall be entitled to withdraw funds that the student or the student's family contributed to the postsecondary education match savings account in accordance with the terms and conditions that are contained in the agreement for that postsecondary education match savings account, as described in paragraph (1)(C). (B) Expiration \n(i) In general \nThe participation of an eligible student or student with preliminary eligibility in the postsecondary education match savings account demonstration grant program shall terminate on the expiration date described in clause (ii). The eligible entity shall cease reserving matching funds on behalf of that student as described in paragraph (1)(D). Any remaining funds that the student or the student's family deposited in a postsecondary education match savings account shall be made available for withdrawal in accordance with subparagraph (A). (ii) Expiration date \nThe expiration date described in this clause is— (I) the date that is 8 years after the date on which a participating eligible student first enrolled in an eligible educational institution; or (II) in the case of a student with preliminary eligibility, or a participating eligible student who does not enroll in an eligible educational institution, the date that is 4 years after the date on which the student first agrees to participate in the postsecondary education match savings account demonstration grant program. (4) Management costs \nAn eligible entity receiving a grant under this section may use not more than 5 percent of grant funds for management costs, which may include nonadministrative and administrative functions, including program management, reporting requirements, recruitment and enrollment of individuals, and monitoring.", "id": "H4C2BA555419D45828155482810EFD2AE", "header": "Uses of funds", "nested": [], "links": [] }, { "text": "(f) Data sharing \nAn eligible entity receiving a grant under this section shall enter into a data sharing agreement with eligible educational institutions in order to exchange data necessary to carry out the activities described in this section. Such data sharing shall be carried out in a manner that complies with the requirements of section 444 of the General Education Provisions Act (commonly known as the Family Educational Rights and Privacy Act of 1974 ) ( 20 U.S.C. 1232g ).", "id": "H1F95DE8D20EA48D38D6D538465F6771D", "header": "Data sharing", "nested": [], "links": [ { "text": "20 U.S.C. 1232g", "legal-doc": "usc", "parsable-cite": "usc/20/1232g" } ] }, { "text": "(g) Annual progress reports \nEach eligible entity receiving a grant under this section shall prepare and submit to the Secretary an annual progress report containing the following information, in the aggregate and in a manner that protects personally identifiable information in accordance with Federal privacy laws: (1) The number and characteristics of participating students making a deposit into a postsecondary education match savings account supported under this section. (2) Data on program goals and achievements including enrollment rates, first-year retention rates, program completion, average Federal student loan debt, and share of participating eligible students borrowing Federal student loans. (3) The amount that the eligible entity has reserved in accordance with subsection (e)(1)(D). (4) The aggregate amounts deposited in postsecondary education match savings accounts by participating students and their families. (5) What service configurations of the eligible entity (such as configurations relating to peer support, structured planning exercises, mentoring, and case management) increased the rate and consistency of participation in the demonstration project and how such configurations varied among different populations or communities. (6) Such other information as the Secretary may require to evaluate the demonstration project.", "id": "H8E2E84D301B340A1914E2A5122C01B51", "header": "Annual progress reports", "nested": [], "links": [] }, { "text": "(h) Report to congress \nNot later than 1 year after the establishment of the demonstration project under this section, the Secretary shall prepare and submit to Congress a report containing the following information: (1) The effects of incentives and organizational or institutional support on postsecondary retention in the demonstration project. (2) The savings rates of individuals in the demonstration project, in the aggregate and disaggregated by demographic characteristics including gender, age, family size, race or ethnic background, and income. (3) The effects of postsecondary education match savings accounts on savings rates and postsecondary education retention and completion, and how such effects vary among different populations or communities. (4) The lessons to be learned from the demonstration projects conducted under this section and whether a permanent postsecondary education savings grant program should be established. (5) The characteristics of postsecondary education match savings accounts (such as threshold amounts and match rates) required to stimulate participation in the demonstration project, and how such characteristics vary among different populations or communities. (6) Such other factors as may be prescribed by the Secretary.", "id": "H3A3A78486F93480B8ABE02BE9300E019", "header": "Report to congress", "nested": [], "links": [] }, { "text": "(i) Technical assistance \nThe Secretary may reserve not more than 10 percent of the amounts appropriated under section 6 to provide technical assistance to eligible entities receiving grants under this section.", "id": "H2B4684F19D7E4CBC960B98BC32D9B973", "header": "Technical assistance", "nested": [], "links": [] } ], "links": [ { "text": "20 U.S.C. 1070a", "legal-doc": "usc", "parsable-cite": "usc/20/1070a" }, { "text": "20 U.S.C. 1070 et seq.", "legal-doc": "usc", "parsable-cite": "usc/20/1070" }, { "text": "20 U.S.C. 1232g", "legal-doc": "usc", "parsable-cite": "usc/20/1232g" } ] }, { "text": "6. Authorization of appropriations \nThere are authorized to be appropriated to carry out this Act $100,000,000 for fiscal year 2024 and each of the succeeding 4 years.", "id": "H9E65BDB069664A3CA4CB69B9301A0733", "header": "Authorization of appropriations", "nested": [], "links": [] } ]
6
1. Short title This Act may be cited as the Earn to Learn Act. 2. Findings Congress finds the following: (1) Skyrocketing costs of higher education are outpacing available financial aid. Individuals in the United States owe more than $1,700,000,000,000 in student loan debt, and more than 3,000 student loan borrowers default on a student loan every day, many of whom did not complete their educational program before obtaining a degree. (2) The cost of paying for public higher education and workforce training programs continues to rise while the purchasing power of Federal Pell Grant aid has significantly diminished. (3) The confluence of these issues forces prospective students to make the tough choice between foregoing postsecondary education and borrowing enough money to pay for it, an amount that is often many times their annual salary and can remain a financial burden for decades after these students graduate. (4) The higher rates of loan delinquencies and default among low- and moderate-income populations often lead to increased financial hardship, fewer assets, and lower net worth. (5) In 2013, the Brookings Institute found that the increasing debt burden represents a drag on recent graduates and also serves as a deterrent to would-be students who may question the trade-off between the debt burden and the payoff of a college degree. (6) During the 2015–2016 academic year, the Department of Education found that nearly 3 in 4 students experienced unmet need, and that unmet need among postsecondary students had risen by 23 percent since the 2011–2012 academic year. (7) The Federal Reserve System has determined student loan payments are displacing retirement savings, home ownership, small business development, and other forms of building wealth. (8) The Report on the Economic Well-Being of United States Households in 2018 by the Federal Reserve found that 2 in 3 graduates with a bachelor’s degree or higher feel that their educational investment paid off financially, but only 3 in 10 students who started higher education programs but did not complete a degree share this view. (9) The United States urgently needs a new, innovative approach to financial aid to help low-income students achieve their educational goals, graduate with affordable amounts of student loan debt, and improve their financial capability. 3. Purpose It is the purpose of this Act to— (1) establish a proven and innovative matched savings program for low-income students that provides the financial resources and support those students need to attain their educational goals; (2) provide a much-needed supplement to traditional financial aid options through matched savings; (3) give students the tools to succeed by giving students the opportunity to invest in their education and to improve their financial capability through financial empowerment training and success coaching; and (4) help students— (A) develop healthy financial habits and life skills; (B) prepare to embark on a lifetime of healthy financial practices after graduation; and (C) minimize or eliminate student loan debt. 4. Definitions In this Act: (1) 529 account The term 529 account means a qualified tuition program as defined in section 529(b) of the Internal Revenue Code of 1986. (2) Eligible educational institution The term eligible educational institution means— (A) an institution of higher education, as defined in section 102 of the Higher Education Act of 1965 ( 20 U.S.C. 1002 ); or (B) an area career and technical education school, as defined in section 3(3) of the Carl D. Perkins Career and Technical Education Act of 2006 ( 20 U.S.C. 2302(3) ). (3) Eligible entity The term eligible entity means a State or a nonprofit organization. (4) Eligible student The term eligible student means an individual who— (A) is selected to participate in a postsecondary education match savings account program; (B) has been admitted to an eligible educational institution; (C) is a student from a low-income family, as determined by the eligible entity; (D) successfully completes a required prerequisite personal finance training program; (E) agrees to contribute savings to the postsecondary education match savings account administered by the eligible entity under this section; and (F) meets any other eligibility criteria as defined by the eligible entity. (5) Financial capability training platform The term Financial Capability Training Platform means a program for use by a postsecondary education match savings account program carried out with a grant under section 5 that— (A) delivers financial capability training to participating students that is designed to help students improve their financial capability and overall financial well-being; (B) includes an initial assessment to identify individual learning goals and objectives; (C) creates a personal and dynamic learning experience for each individual participant, including ongoing assessments and interim milestones related to learning objectives and longer-term goals; and (D) includes modules on student loans, financial aid, budgeting and credit, consumer debt, housing costs, retirement, the importance of emergency savings, banking (including checking and savings accounts), credit use and interest rates, predatory lending practices, privacy, and security, which shall be conducted by or at the direction of the eligible entity. (6) Postsecondary education match savings account The term postsecondary education match savings account means an account that is— (A) a custodial account; or (B) a 529 account. (7) Program guide The term Program Guide means a guide that includes program policies and procedures, a savings plan agreement template, a withdrawal form template, recommended timelines, other key forms, and the structure for implementing and reporting program results for a postsecondary education match savings account program carried out with a grant under this section. (8) Reporting dashboard The term Reporting Dashboard means a robust online data portal for postsecondary education match savings account programs carried out with a grant under this section that— (A) allows eligible entities to monitor student progress, track achievement, and measure relevant behavioral change; (B) standardizes and facilitates student evaluation across participating eligible educational institutions; and (C) is in compliance with the requirements of section 444 of the General Education Provisions Act (commonly known as the Family Educational Rights and Privacy Act of 1974 ) ( 20 U.S.C. 1232g ). (9) Secretary The term Secretary means the Secretary of Education. (10) Student with preliminary eligibility The term student with preliminary eligibility means an individual who— (A) is from a low-income family, as determined by an eligible entity; (B) plans to attend an eligible educational institution; and (C) meets the requirements described in subparagraphs (E) and (F) of paragraph (4). (11) Success coaching model The term Success Coaching Model includes— (A) financial capability training to address budgeting, managing student debt, savings, debit management, credit cards, retirement readiness, and credit reports; (B) postsecondary education readiness training that provides mentoring to help students be better prepared for the challenges of postsecondary education; and (C) workforce readiness training to learn interviewing, resume skills, and career exploration. 5. Postsecondary education match savings account demonstration grant program (a) Grant established (1) In general Not later than 9 months after the date of enactment of this Act, the Secretary shall establish a postsecondary education match savings account demonstration grant program described in this section, through which the Secretary shall award grants, on a competitive basis, to eligible entities to enable those eligible entities to carry out the activities described in subsection (e). (2) Tools for grantees The Secretary shall develop the Reporting Dashboard, Financial Capability Training Platform, Program Guide, and Success Coaching Model and make those tools available to grantees. (3) Pell eligibility not affected The Secretary shall ensure that, notwithstanding any other provision of law— (A) participation in the grant program shall not affect a student's eligibility for a Federal Pell Grant under section 401 of the Higher Education Act of 1965 ( 20 U.S.C. 1070a ); and (B) funds deposited in a postsecondary education match savings account by a participating student, as well as any matching funds under this section, shall not be considered when a determination is made about that student's eligibility for Federal student aid under title IV of the Higher Education Act of 1965 ( 20 U.S.C. 1070 et seq. ), including for a Federal Pell Grant. (b) Application An eligible entity that desires to participate in the grant program under this section shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may determine, including, at a minimum— (1) a demonstration of— (A) a commitment of non-Federal matching funds at a ratio of 1:1 (which non-Federal funds may be provided by an entity other than the eligible entity); (B) the ability to launch and implement the program; and (C) a plan for compliance with evaluation and program monitoring; and (2) an assurance that the applicant will utilize the Reporting Dashboard, Financial Capability Training Platform, and Success Coaching Model developed by the Secretary under subsection (a)(2). (c) Selection (1) Priority In selecting eligible entities to participate in the grant program under this section, the Secretary shall give priority to eligible entities that— (A) target eligible students and students with preliminary eligibility at a statewide level with networks of participating eligible educational institutions; and (B) commit to supporting selected students through the student's graduation from an eligible educational institution. (2) Diversity of projects The Secretary shall ensure, to the maximum extent practicable, that the eligible entities awarded grants under this section include eligible entities that represent a range of communities (both rural and urban) and diverse populations. (d) Amount A grant awarded under this section shall be in an amount not to exceed the lesser of— (1) the aggregate amount of funds committed as matching contributions from non-Federal public or private sector sources; or (2) $10,000,000. (e) Uses of funds (1) In general An eligible entity receiving a grant under this section shall use the grant funds to— (A) select eligible students, or students with preliminary eligibility, in the State in which the eligible entity is located to participate in the grant program; (B) provide selected students with financial literacy education using the Success Coaching Model; (C) after ensuring that a selected eligible student or selected student with preliminary eligibility has completed an agreement regarding the terms and conditions of the postsecondary education match savings account, establish a postsecondary education match savings account for each participating eligible student or student with preliminary eligibility and allow students and their families to deposit funds in that account to save for attendance at an eligible educational institution; and (D) reserve matching funds for participating students in accordance with paragraph (2). (2) Matching funds (A) In general Upon a participating student or student's family depositing $100 into a postsecondary education match savings account for the appropriate academic year, the eligible entity shall provide a match of $8 into the student's postsecondary education match savings account for each subsequent dollar deposited by the student or student's family. (B) Withdrawal from school If a participating student withdraws from an eligible educational institution during the drop-add period at that eligible educational institution, the student shall be responsible for any amounts owed for that academic period and will not receive matching funds for that academic period. (C) Delay of attendance; extenuating circumstances Subject to paragraph (3), each eligible entity shall describe in the agreement under paragraph (1)(C) the eligible entity's policy regarding the availability of matching funds in the event a student decides to delay attendance at an eligible educational institution or in the case of extenuating circumstances, such as illness of a student. (3) Return of deposited funds (A) In general Each eligible entity shall ensure that a participating eligible student, or a student with preliminary eligibility, who does not meet or maintain the requirements of paragraph (4) or (10) of section 4, respectively, shall be entitled to withdraw funds that the student or the student's family contributed to the postsecondary education match savings account in accordance with the terms and conditions that are contained in the agreement for that postsecondary education match savings account, as described in paragraph (1)(C). (B) Expiration (i) In general The participation of an eligible student or student with preliminary eligibility in the postsecondary education match savings account demonstration grant program shall terminate on the expiration date described in clause (ii). The eligible entity shall cease reserving matching funds on behalf of that student as described in paragraph (1)(D). Any remaining funds that the student or the student's family deposited in a postsecondary education match savings account shall be made available for withdrawal in accordance with subparagraph (A). (ii) Expiration date The expiration date described in this clause is— (I) the date that is 8 years after the date on which a participating eligible student first enrolled in an eligible educational institution; or (II) in the case of a student with preliminary eligibility, or a participating eligible student who does not enroll in an eligible educational institution, the date that is 4 years after the date on which the student first agrees to participate in the postsecondary education match savings account demonstration grant program. (4) Management costs An eligible entity receiving a grant under this section may use not more than 5 percent of grant funds for management costs, which may include nonadministrative and administrative functions, including program management, reporting requirements, recruitment and enrollment of individuals, and monitoring. (f) Data sharing An eligible entity receiving a grant under this section shall enter into a data sharing agreement with eligible educational institutions in order to exchange data necessary to carry out the activities described in this section. Such data sharing shall be carried out in a manner that complies with the requirements of section 444 of the General Education Provisions Act (commonly known as the Family Educational Rights and Privacy Act of 1974 ) ( 20 U.S.C. 1232g ). (g) Annual progress reports Each eligible entity receiving a grant under this section shall prepare and submit to the Secretary an annual progress report containing the following information, in the aggregate and in a manner that protects personally identifiable information in accordance with Federal privacy laws: (1) The number and characteristics of participating students making a deposit into a postsecondary education match savings account supported under this section. (2) Data on program goals and achievements including enrollment rates, first-year retention rates, program completion, average Federal student loan debt, and share of participating eligible students borrowing Federal student loans. (3) The amount that the eligible entity has reserved in accordance with subsection (e)(1)(D). (4) The aggregate amounts deposited in postsecondary education match savings accounts by participating students and their families. (5) What service configurations of the eligible entity (such as configurations relating to peer support, structured planning exercises, mentoring, and case management) increased the rate and consistency of participation in the demonstration project and how such configurations varied among different populations or communities. (6) Such other information as the Secretary may require to evaluate the demonstration project. (h) Report to congress Not later than 1 year after the establishment of the demonstration project under this section, the Secretary shall prepare and submit to Congress a report containing the following information: (1) The effects of incentives and organizational or institutional support on postsecondary retention in the demonstration project. (2) The savings rates of individuals in the demonstration project, in the aggregate and disaggregated by demographic characteristics including gender, age, family size, race or ethnic background, and income. (3) The effects of postsecondary education match savings accounts on savings rates and postsecondary education retention and completion, and how such effects vary among different populations or communities. (4) The lessons to be learned from the demonstration projects conducted under this section and whether a permanent postsecondary education savings grant program should be established. (5) The characteristics of postsecondary education match savings accounts (such as threshold amounts and match rates) required to stimulate participation in the demonstration project, and how such characteristics vary among different populations or communities. (6) Such other factors as may be prescribed by the Secretary. (i) Technical assistance The Secretary may reserve not more than 10 percent of the amounts appropriated under section 6 to provide technical assistance to eligible entities receiving grants under this section. 6. Authorization of appropriations There are authorized to be appropriated to carry out this Act $100,000,000 for fiscal year 2024 and each of the succeeding 4 years.
18,106
[ "Education and the Workforce Committee" ]
118hr5503ih
118
hr
5,503
ih
To amend the Food Security Act of 1985 to include Indian Tribes in certain provisions relating to priority resource concerns.
[ { "text": "1. Short title \nThis Act may be cited as the Tribal Conservation Priorities Inclusion Act.", "id": "H9CF5FE6FDB4246099B2EFF8CDFD2756A", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Inclusion of Indian Tribes in provisions relating to priority resource concerns \n(a) Environmental quality incentives program \nSection 1240A(7) of the Food Security Act of 1985 ( 16 U.S.C. 3839aa–1(7) ) is amended— (1) in subparagraph (A)— (A) by inserting tribal, before or local ; and (B) by inserting or an area on tribal land (as defined in section 2601 of the Energy Policy Act of 1992 ( 25 U.S.C. 3501 )) after of a State ; and (2) in subparagraph (B), by inserting or on tribal land (as so defined) after State or region. (b) Conservation stewardship program \nSection 1240I(5) of the Food Security Act of 1985 ( 16 U.S.C. 3839aa–21(5) ) is amended— (1) in subparagraph (A)— (A) by inserting tribal, before or local ; and (B) by inserting or an area on tribal land (as defined in section 2601 of the Energy Policy Act of 1992 ( 25 U.S.C. 3501 )) after of a State ; and (2) in subparagraph (B), by inserting or on tribal land (as so defined) after State or region. (c) Stewardship contracts \nSection 1240K(b)(3) of the Food Security Act of 1985 ( 16 U.S.C. 3839aa–23(b)(3) ) is amended— (1) by striking that the Secretary determines are and inserting as the Secretary determines to be ; and (2) by inserting tribal, before and local. (d) Critical conservation areas \nSection 1271F(a)(2)(C) of the Food Security Act of 1985 ( 16 U.S.C. 3871f(a)(2)(C) ) is amended by inserting tribal, before or local. (e) Technical correction \nSection 1201(a)(14) of the Food Security Act of 1985 ( 16 U.S.C. 3801(a)(14) ) is amended— (1) by striking section 4(e) and inserting section 4 ; and (2) by striking 450b(e) and inserting 5304.", "id": "H0B74A3EC346C48E298E99210FE0A7867", "header": "Inclusion of Indian Tribes in provisions relating to priority resource concerns", "nested": [ { "text": "(a) Environmental quality incentives program \nSection 1240A(7) of the Food Security Act of 1985 ( 16 U.S.C. 3839aa–1(7) ) is amended— (1) in subparagraph (A)— (A) by inserting tribal, before or local ; and (B) by inserting or an area on tribal land (as defined in section 2601 of the Energy Policy Act of 1992 ( 25 U.S.C. 3501 )) after of a State ; and (2) in subparagraph (B), by inserting or on tribal land (as so defined) after State or region.", "id": "HE9637BB009014C938DAE30F3F029B15B", "header": "Environmental quality incentives program", "nested": [], "links": [ { "text": "16 U.S.C. 3839aa–1(7)", "legal-doc": "usc", "parsable-cite": "usc/16/3839aa-1" }, { "text": "25 U.S.C. 3501", "legal-doc": "usc", "parsable-cite": "usc/25/3501" } ] }, { "text": "(b) Conservation stewardship program \nSection 1240I(5) of the Food Security Act of 1985 ( 16 U.S.C. 3839aa–21(5) ) is amended— (1) in subparagraph (A)— (A) by inserting tribal, before or local ; and (B) by inserting or an area on tribal land (as defined in section 2601 of the Energy Policy Act of 1992 ( 25 U.S.C. 3501 )) after of a State ; and (2) in subparagraph (B), by inserting or on tribal land (as so defined) after State or region.", "id": "HBA49E48CC22340CABC0AC0FF16FC9654", "header": "Conservation stewardship program", "nested": [], "links": [ { "text": "16 U.S.C. 3839aa–21(5)", "legal-doc": "usc", "parsable-cite": "usc/16/3839aa-21" }, { "text": "25 U.S.C. 3501", "legal-doc": "usc", "parsable-cite": "usc/25/3501" } ] }, { "text": "(c) Stewardship contracts \nSection 1240K(b)(3) of the Food Security Act of 1985 ( 16 U.S.C. 3839aa–23(b)(3) ) is amended— (1) by striking that the Secretary determines are and inserting as the Secretary determines to be ; and (2) by inserting tribal, before and local.", "id": "H7C22070E9F604512B859E9023ABBF3A4", "header": "Stewardship contracts", "nested": [], "links": [ { "text": "16 U.S.C. 3839aa–23(b)(3)", "legal-doc": "usc", "parsable-cite": "usc/16/3839aa-23" } ] }, { "text": "(d) Critical conservation areas \nSection 1271F(a)(2)(C) of the Food Security Act of 1985 ( 16 U.S.C. 3871f(a)(2)(C) ) is amended by inserting tribal, before or local.", "id": "H0F5C5E189E9F46B59785C8CEDCAABE09", "header": "Critical conservation areas", "nested": [], "links": [ { "text": "16 U.S.C. 3871f(a)(2)(C)", "legal-doc": "usc", "parsable-cite": "usc/16/3871f" } ] }, { "text": "(e) Technical correction \nSection 1201(a)(14) of the Food Security Act of 1985 ( 16 U.S.C. 3801(a)(14) ) is amended— (1) by striking section 4(e) and inserting section 4 ; and (2) by striking 450b(e) and inserting 5304.", "id": "H94F1E49A007A4CC2BE38E2428CC1B485", "header": "Technical correction", "nested": [], "links": [ { "text": "16 U.S.C. 3801(a)(14)", "legal-doc": "usc", "parsable-cite": "usc/16/3801" } ] } ], "links": [ { "text": "16 U.S.C. 3839aa–1(7)", "legal-doc": "usc", "parsable-cite": "usc/16/3839aa-1" }, { "text": "25 U.S.C. 3501", "legal-doc": "usc", "parsable-cite": "usc/25/3501" }, { "text": "16 U.S.C. 3839aa–21(5)", "legal-doc": "usc", "parsable-cite": "usc/16/3839aa-21" }, { "text": "25 U.S.C. 3501", "legal-doc": "usc", "parsable-cite": "usc/25/3501" }, { "text": "16 U.S.C. 3839aa–23(b)(3)", "legal-doc": "usc", "parsable-cite": "usc/16/3839aa-23" }, { "text": "16 U.S.C. 3871f(a)(2)(C)", "legal-doc": "usc", "parsable-cite": "usc/16/3871f" }, { "text": "16 U.S.C. 3801(a)(14)", "legal-doc": "usc", "parsable-cite": "usc/16/3801" } ] } ]
2
1. Short title This Act may be cited as the Tribal Conservation Priorities Inclusion Act. 2. Inclusion of Indian Tribes in provisions relating to priority resource concerns (a) Environmental quality incentives program Section 1240A(7) of the Food Security Act of 1985 ( 16 U.S.C. 3839aa–1(7) ) is amended— (1) in subparagraph (A)— (A) by inserting tribal, before or local ; and (B) by inserting or an area on tribal land (as defined in section 2601 of the Energy Policy Act of 1992 ( 25 U.S.C. 3501 )) after of a State ; and (2) in subparagraph (B), by inserting or on tribal land (as so defined) after State or region. (b) Conservation stewardship program Section 1240I(5) of the Food Security Act of 1985 ( 16 U.S.C. 3839aa–21(5) ) is amended— (1) in subparagraph (A)— (A) by inserting tribal, before or local ; and (B) by inserting or an area on tribal land (as defined in section 2601 of the Energy Policy Act of 1992 ( 25 U.S.C. 3501 )) after of a State ; and (2) in subparagraph (B), by inserting or on tribal land (as so defined) after State or region. (c) Stewardship contracts Section 1240K(b)(3) of the Food Security Act of 1985 ( 16 U.S.C. 3839aa–23(b)(3) ) is amended— (1) by striking that the Secretary determines are and inserting as the Secretary determines to be ; and (2) by inserting tribal, before and local. (d) Critical conservation areas Section 1271F(a)(2)(C) of the Food Security Act of 1985 ( 16 U.S.C. 3871f(a)(2)(C) ) is amended by inserting tribal, before or local. (e) Technical correction Section 1201(a)(14) of the Food Security Act of 1985 ( 16 U.S.C. 3801(a)(14) ) is amended— (1) by striking section 4(e) and inserting section 4 ; and (2) by striking 450b(e) and inserting 5304.
1,719
[ "Agriculture Committee" ]
118hr614ih
118
hr
614
ih
To amend the Department of Defense Appropriations Act, 2005 to provide for the inclusion of certain workers in the exemption from numerical limitations on H–2B workers, and for other purposes.
[ { "text": "1. Short title \nThis Act may be cited as the Commercial Fishing and Seafood Business Act of 2023.", "id": "H3E3613B489A94B119FD6C3751F7F2DA3", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Inclusion of certain workers in exemption from numerical limitations on H–2B workers \nSection 14006 of the Department of Defense Appropriations Act, 2005 ( Public Law 108–287 ) is amended to read as follows: 14006. The numerical limitation contained in section 214(g)(1)(B) of the Immigration and Nationality Act ( 8 U.S.C. 1184(g)(1)(B) ) shall not apply to any nonimmigrant alien issued a visa or otherwise provided status under section 101(a)(15)(H)(ii)(b) of such Act ( 8 U.S.C. 1101(a)(15)(H)(ii)(b) ) who is employed (or has received an offer of employment)— (1) on a commercial fishing vessel or shrimp trawler; or (2) in the processing of— (A) fish or fishery products; or (B) baitfish. Terms used in this section have the meanings given such terms in section 123.3 of title 21, Code of Federal Regulations..", "id": "H7D3E7F96B77146B4A11818839FAD0E10", "header": "Inclusion of certain workers in exemption from numerical limitations on H–2B workers", "nested": [], "links": [ { "text": "Public Law 108–287", "legal-doc": "public-law", "parsable-cite": "pl/108/287" }, { "text": "8 U.S.C. 1184(g)(1)(B)", "legal-doc": "usc", "parsable-cite": "usc/8/1184" }, { "text": "8 U.S.C. 1101(a)(15)(H)(ii)(b)", "legal-doc": "usc", "parsable-cite": "usc/8/1101" } ] }, { "text": "14006. The numerical limitation contained in section 214(g)(1)(B) of the Immigration and Nationality Act ( 8 U.S.C. 1184(g)(1)(B) ) shall not apply to any nonimmigrant alien issued a visa or otherwise provided status under section 101(a)(15)(H)(ii)(b) of such Act ( 8 U.S.C. 1101(a)(15)(H)(ii)(b) ) who is employed (or has received an offer of employment)— (1) on a commercial fishing vessel or shrimp trawler; or (2) in the processing of— (A) fish or fishery products; or (B) baitfish. Terms used in this section have the meanings given such terms in section 123.3 of title 21, Code of Federal Regulations.", "id": "H01D00C51F1E4451988680D4A7916B03D", "header": null, "nested": [], "links": [ { "text": "8 U.S.C. 1184(g)(1)(B)", "legal-doc": "usc", "parsable-cite": "usc/8/1184" }, { "text": "8 U.S.C. 1101(a)(15)(H)(ii)(b)", "legal-doc": "usc", "parsable-cite": "usc/8/1101" } ] } ]
3
1. Short title This Act may be cited as the Commercial Fishing and Seafood Business Act of 2023. 2. Inclusion of certain workers in exemption from numerical limitations on H–2B workers Section 14006 of the Department of Defense Appropriations Act, 2005 ( Public Law 108–287 ) is amended to read as follows: 14006. The numerical limitation contained in section 214(g)(1)(B) of the Immigration and Nationality Act ( 8 U.S.C. 1184(g)(1)(B) ) shall not apply to any nonimmigrant alien issued a visa or otherwise provided status under section 101(a)(15)(H)(ii)(b) of such Act ( 8 U.S.C. 1101(a)(15)(H)(ii)(b) ) who is employed (or has received an offer of employment)— (1) on a commercial fishing vessel or shrimp trawler; or (2) in the processing of— (A) fish or fishery products; or (B) baitfish. Terms used in this section have the meanings given such terms in section 123.3 of title 21, Code of Federal Regulations.. 14006. The numerical limitation contained in section 214(g)(1)(B) of the Immigration and Nationality Act ( 8 U.S.C. 1184(g)(1)(B) ) shall not apply to any nonimmigrant alien issued a visa or otherwise provided status under section 101(a)(15)(H)(ii)(b) of such Act ( 8 U.S.C. 1101(a)(15)(H)(ii)(b) ) who is employed (or has received an offer of employment)— (1) on a commercial fishing vessel or shrimp trawler; or (2) in the processing of— (A) fish or fishery products; or (B) baitfish. Terms used in this section have the meanings given such terms in section 123.3 of title 21, Code of Federal Regulations.
1,525
[ "Judiciary Committee" ]
118hr3004ih
118
hr
3,004
ih
To amend the Internal Revenue Code of 1986 to provide for a temporary expansion of health insurance premium tax credits for certain low-income populations, and to amend title XIX of the Social Security Act to establish a Federal Medicaid program.
[ { "text": "1. Short title \nThis Act may be cited as the Affordable Care Coverage Expansion and Support for States Act or the ACCESS Act.", "id": "HD4347DE30375480496CD31FC58226B99", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Temporary expansion of health insurance premium tax credits for certain low-income populations \n(a) In general \nSection 36B of the Internal Revenue Code of 1986 is amended by redesignating subsection (h) as subsection (i) and by inserting after subsection (g) the following new subsection: (h) Certain temporary rules beginning in 2024 \nWith respect to any taxable year beginning after December 31, 2023, and before January 1, 2027— (1) Eligibility for credit not limited based on income \nSubsection (c)(1)(A) shall be disregarded in determining whether a taxpayer is an applicable taxpayer. (2) Credit allowed to certain low-income employees offered employer-provided coverage \nSubclause (II) of subsection (c)(2)(C)(i) shall not apply if the taxpayer’s household income does not exceed 138 percent of the poverty line for a family of the size involved. Subclause (II) of subsection (c)(2)(C)(i) shall also not apply to an individual described in the last sentence of such subsection if the taxpayer’s household income does not exceed 138 percent of the poverty line for a family of the size involved. (3) Credit allowed to certain low-income employees offered qualified small employer health reimbursement arrangements \nA qualified small employer health reimbursement arrangement shall not be treated as constituting affordable coverage for an employee (or any spouse or dependent of such employee) for any months of a taxable year if the employee’s household income for such taxable year does not exceed 138 percent of the poverty line for a family of the size involved. (4) Limitations on recapture \n(A) In general \nIn the case of a taxpayer whose household income is less than 200 percent of the poverty line for the size of the family involved for the taxable year, the amount of the increase under subsection (f)(2)(A) shall in no event exceed $300 (one-half of such amount in the case of a taxpayer whose tax is determined under section 1(c) for the taxable year). (B) Limitation on increase for certain non-filers \nIn the case of any taxpayer who would not be required to file a return of tax for the taxable year but for any requirement to reconcile advance credit payments under subsection (f), if an Exchange established under title I of the Patient Protection and Affordable Care Act has determined that— (i) such taxpayer is eligible for advance payments under section 1412 of such Act for any portion of such taxable year, and (ii) such taxpayer’s household income for such taxable year is projected to not exceed 138 percent of the poverty line for a family of the size involved, subsection (f)(2)(A) shall not apply to such taxpayer for such taxable year and such taxpayer shall not be required to file such return of tax. (C) Information provided by Exchange \nThe information required to be provided by an Exchange to the Secretary and to the taxpayer under subsection (f)(3) shall include such information as is necessary to determine whether such Exchange has made the determinations described in clauses (i) and (ii) of subparagraph (B) with respect to such taxpayer.. (b) Employer shared responsibility provision not applicable with respect to certain low-Income taxpayers receiving premium assistance \nSection 4980H(c)(3) is amended to read as follows: (3) Applicable premium tax credit and cost-sharing reduction \n(A) In general \nThe term applicable premium tax credit and cost-sharing reduction means— (i) any premium tax credit allowed under section 36B, (ii) any cost-sharing reduction under section 1402 of the Patient Protection and Affordable Care Act, and (iii) any advance payment of such credit or reduction under section 1412 of such Act. (B) Exception with respect to certain low-income taxpayers \nSuch term shall not include any premium tax credit, cost-sharing reduction, or advance payment otherwise described in subparagraph (A) if such credit, reduction, or payment is allowed or paid for a taxable year of an employee (beginning after December 31, 2023, and before January 1, 2027) with respect to which— (i) an Exchange established under title I of the Patient Protection and Affordable Care Act has determined that such employee’s household income for such taxable year is projected to not exceed 138 percent of the poverty line for a family of the size involved, or (ii) such employee’s household income for such taxable year does not exceed 138 percent of the poverty line for a family of the size involved.. (c) Effective date \nThe amendments made by this section shall apply to taxable years beginning after December 31, 2023.", "id": "HAC5DC338A3CF4A9F8E272F6B4B443CBD", "header": "Temporary expansion of health insurance premium tax credits for certain low-income populations", "nested": [ { "text": "(a) In general \nSection 36B of the Internal Revenue Code of 1986 is amended by redesignating subsection (h) as subsection (i) and by inserting after subsection (g) the following new subsection: (h) Certain temporary rules beginning in 2024 \nWith respect to any taxable year beginning after December 31, 2023, and before January 1, 2027— (1) Eligibility for credit not limited based on income \nSubsection (c)(1)(A) shall be disregarded in determining whether a taxpayer is an applicable taxpayer. (2) Credit allowed to certain low-income employees offered employer-provided coverage \nSubclause (II) of subsection (c)(2)(C)(i) shall not apply if the taxpayer’s household income does not exceed 138 percent of the poverty line for a family of the size involved. Subclause (II) of subsection (c)(2)(C)(i) shall also not apply to an individual described in the last sentence of such subsection if the taxpayer’s household income does not exceed 138 percent of the poverty line for a family of the size involved. (3) Credit allowed to certain low-income employees offered qualified small employer health reimbursement arrangements \nA qualified small employer health reimbursement arrangement shall not be treated as constituting affordable coverage for an employee (or any spouse or dependent of such employee) for any months of a taxable year if the employee’s household income for such taxable year does not exceed 138 percent of the poverty line for a family of the size involved. (4) Limitations on recapture \n(A) In general \nIn the case of a taxpayer whose household income is less than 200 percent of the poverty line for the size of the family involved for the taxable year, the amount of the increase under subsection (f)(2)(A) shall in no event exceed $300 (one-half of such amount in the case of a taxpayer whose tax is determined under section 1(c) for the taxable year). (B) Limitation on increase for certain non-filers \nIn the case of any taxpayer who would not be required to file a return of tax for the taxable year but for any requirement to reconcile advance credit payments under subsection (f), if an Exchange established under title I of the Patient Protection and Affordable Care Act has determined that— (i) such taxpayer is eligible for advance payments under section 1412 of such Act for any portion of such taxable year, and (ii) such taxpayer’s household income for such taxable year is projected to not exceed 138 percent of the poverty line for a family of the size involved, subsection (f)(2)(A) shall not apply to such taxpayer for such taxable year and such taxpayer shall not be required to file such return of tax. (C) Information provided by Exchange \nThe information required to be provided by an Exchange to the Secretary and to the taxpayer under subsection (f)(3) shall include such information as is necessary to determine whether such Exchange has made the determinations described in clauses (i) and (ii) of subparagraph (B) with respect to such taxpayer..", "id": "H9B4C876A63DF438EA03A4E43E7496F32", "header": "In general", "nested": [], "links": [ { "text": "Section 36B", "legal-doc": "usc", "parsable-cite": "usc/26/36B" } ] }, { "text": "(b) Employer shared responsibility provision not applicable with respect to certain low-Income taxpayers receiving premium assistance \nSection 4980H(c)(3) is amended to read as follows: (3) Applicable premium tax credit and cost-sharing reduction \n(A) In general \nThe term applicable premium tax credit and cost-sharing reduction means— (i) any premium tax credit allowed under section 36B, (ii) any cost-sharing reduction under section 1402 of the Patient Protection and Affordable Care Act, and (iii) any advance payment of such credit or reduction under section 1412 of such Act. (B) Exception with respect to certain low-income taxpayers \nSuch term shall not include any premium tax credit, cost-sharing reduction, or advance payment otherwise described in subparagraph (A) if such credit, reduction, or payment is allowed or paid for a taxable year of an employee (beginning after December 31, 2023, and before January 1, 2027) with respect to which— (i) an Exchange established under title I of the Patient Protection and Affordable Care Act has determined that such employee’s household income for such taxable year is projected to not exceed 138 percent of the poverty line for a family of the size involved, or (ii) such employee’s household income for such taxable year does not exceed 138 percent of the poverty line for a family of the size involved..", "id": "H66FB05B213574C85A15E920A86192A2B", "header": "Employer shared responsibility provision not applicable with respect to certain low-Income taxpayers receiving premium assistance", "nested": [], "links": [] }, { "text": "(c) Effective date \nThe amendments made by this section shall apply to taxable years beginning after December 31, 2023.", "id": "H4AF740D50C4D49BAAB1C353120B92707", "header": "Effective date", "nested": [], "links": [] } ], "links": [ { "text": "Section 36B", "legal-doc": "usc", "parsable-cite": "usc/26/36B" } ] }, { "text": "3. Closing the Medicaid coverage gap \n(a) Federal Medicaid program To close coverage gap in nonexpansion States \nTitle XIX of the Social Security Act ( 42 U.S.C. 1396 et seq. ) is amended by adding at the end the following new section: 1948. Federal Medicaid program to close coverage gap in nonexpansion States \n(a) Establishment \nIn the case of a State that the Secretary determines (based on the State plan under this title, waiver of such plan, or other relevant information) is not expected to expend amounts under the State plan (or waiver of such plan) for all individuals described in section 1902(a)(10)(A)(i)(VIII) during a year (beginning with 2027) (in this section defined as a coverage gap State , with respect to such year), the Secretary shall (including through contract with eligible entities (as specified by the Secretary), consistent with subsection (b)) provide for the offering to such individuals residing in such State of a health benefits plan (in this section referred to as the Federal Medicaid program or the Program ), for each quarter during the period beginning on January 1 of such year, and ending with the last day of the first quarter during which the State provides medical assistance to all such individuals under the State plan (or waiver of such plan). Under the Federal Medicaid program, the Secretary— (1) may use the Federally Facilitated Marketplace to facilitate eligibility determinations and enrollments under the Federal Medicaid Program and shall establish a set of eligibility rules to be applied under the Program in a manner consistent with section 1902(e)(14); and (2) shall establish benefits, beneficiary protections, and access to care standards by, at a minimum— (A) establishing a minimum set of benefits to be provided (and providing such benefits) under the Federal Medicaid program, which shall be in compliance with the requirements of section 1937 and shall consist of benchmark coverage described in section 1937(b)(1) or benchmark equivalent coverage described in section 1937(b)(2) to the same extent as medical assistance provided to such an individual under this title (without application of this section) is required under section 1902(k)(1) to consist of such benchmark coverage or benchmark equivalent coverage; (B) applying the provisions of sections 1902(a)(8), 1902(a)(34) (which may be applied in accordance with such phased-in implementation as the Secretary deems necessary, but beginning as soon as practicable), and 1943 with respect to such an individual, benefits under the Federal Medicaid program, and making application for such benefits (which may be in accordance with a phased-in implementation as the Secretary deems necessary, but beginning as soon as practicable) in the same manner as such provisions would apply to such an individual, medical assistance under this title (other than pursuant to this section), and making application for such medical assistance under this title (other than pursuant to this section); and providing that redeterminations and appeals of eligibility and coverage determinations of services (including benefit reductions, terminations, and suspension) shall be conducted under the Federal Medicaid program in accordance with a Federal fair hearing process established by the Secretary that is subject to the same requirements as applied with respect to redeterminations and appeals of eligibility, and with respect to coverage of services (including benefit reductions, terminations, and suspension), under a State plan under this title and that may provide for such fair hearings related to denials of eligibility (based on modified adjusted gross income eligibility determinations) to be conducted through the Federally Facilitated Marketplace for Exchanges; (C) applying, in accordance with subsection (d), the provisions of section 1927 (other than subparagraphs (B) and (C) of subsection (b)(1) of such section) with respect to the Secretary and payment under the Federal Medicaid program for covered outpatient drugs with respect to a rebate period in the same manner and to the same extent as such provisions apply with respect to a State and payment under the State plan for covered outpatient drugs with respect to the rebate period; and (D) applying the provisions of sections 1902(a)(14), 1902(a)(23), 1902(a)(47), and 1920 through 1920C (as applicable) to the Federal Medicaid program and such individuals enrolled in such program in the same manner and to the same extent as such provisions apply to a State plan and such individuals eligible for medical assistance under the State plan, and applying the provisions of section 1902(a)(30)(A) with respect to medical assistance available under the Federal Medicaid program in the same manner and to the same extent as such provisions apply to medical assistance under a State plan under this title, except that— (i) the Secretary shall provide that no cost sharing shall be applied under the Federal Medicaid program; (ii) the Secretary may waive the provisions of subparagraph (A) of section 1902(a)(23) to the extent deemed appropriate to facilitate the implementation of managed care; and (iii) in applying the provisions of section 1902(a)(47) and sections 1920 through 1920C, the Secretary— (I) shall establish a single presumptive eligibility process for individuals eligible under the Federal Medicaid program, under which the Secretary may contract with entities to carry out such process; and (II) may apply such provisions and process in accordance with such phased-in implementation as the Secretary deems necessary, but beginning as soon as practicable. (b) Administration of Federal Medicaid program through contracts with Medicaid managed care organization and third party plan administrator requirements \n(1) In general \nFor the purpose of administering the benefits under the Program (across all coverage gap geographic areas (as defined in paragraph (8))) to provide medical assistance to individuals described in section 1902(a)(10)(A)(i)(VIII) enrolled under the Federal Medicaid program and residing in such areas, the Secretary shall solicit bids described in paragraph (2) and enter into contracts with a total of at least 2 eligible entities (as specified by the Secretary, which may be a medicaid managed care organization (in this section defined as including a managed care organization described in section 1932(a)(1)(B)(i), a prepaid inpatient health plan, and a prepaid ambulatory health plans (as defined in section 438.2 of title 42, Code of Federal Regulations)), a third party plan administrator, or both). An eligible entity entering into a contract with the Secretary under this paragraph may administer such benefits as a Medicaid managed care organization (as so defined), in which case such contract shall be in accordance with paragraph (3) with respect to such geographic area, or as a third-party administrator, in which case such contract shall be in accordance with paragraph (4) with respect to such geographic area. The Secretary may so contract with a Medicaid managed care organization or third party plan administrator in each coverage gap geographic area (and may specify which type of eligible entity may bid with respect to a coverage gap geographic area or areas) and may contract with more than one such eligible entity in the same coverage gap geographic area. (2) Bids \n(A) In general \nTo be eligible to enter into a contract under this subsection, for a year, an entity shall submit (at such time, in such manner, and containing such information as specified by the Secretary) one or more bids to administer the Program in one or more coverage gap geographic areas, which reflects the projected monthly cost to the entity of furnishing benefits under the Program to an individual enrolled under the Program in such a geographic area (or areas) for such year. (B) Selection \nIn selecting from bids submitted under subparagraph (A) for purposes of entering into contracts with eligible entities under this subsection, with respect to a coverage gap geographic area, the Secretary shall take into account at least each of the following, with respect to each such bid: (i) Network adequacy (as proposed in the submitted bid). (ii) The amount, duration, and scope of benefits (such as value-added services offered in the submitted bid), as compared to the minimum set of benefits established by the Secretary under subsection (a)(2)(A). (iii) The amount of the bid, taking into account the average per member cost of providing medical assistance under State plans under this title (or waivers of such plans) to individuals enrolled in such plans (or waivers) who are at least 18 years of age and residing in the coverage gap geographic area, as well as the average cost of providing medical assistance under State plans under this title (and waivers of such plans) to individuals described in section 1902(a)(10)(A)(i)(VIII). (3) Contract with Medicaid managed care organization \nIn the case of a contract under paragraph (1) between the Secretary and an eligible entity administering benefits under the Program as a Medicaid managed care organization, with respect to one or more coverage gap geographic areas, the following shall apply: (A) The provisions of clauses (i) through (xi) of section 1903(m)(2)(A), clause (xii) of such section (to the extent such clause relates to subsections (b) and (f) of section 1932), and clause (xiii) of such section 1903(m)(2)(A) shall, to the greatest extent practicable, apply to the contract, to the Secretary, and to the Medicaid managed care organization, with respect to providing medical assistance under the Federal Medicaid program with respect to such area, in the same manner and to the same extent as such provisions apply to a contract under section 1903(m) between a State and an entity that is a Medicaid managed care organization (as defined in section 1903(m)(1)), to the State, and to the entity, with respect to providing medical assistance to individuals eligible for benefits under this title. (B) The provisions of section 1932(h) shall apply to the contract, Secretary, and Medicaid managed care organization. (C) The contract shall provide that the entity pay claims in a timely manner and in accordance with the provisions of section 1902(a)(37). (D) The contract shall provide that the Secretary shall make payments under this section to the entity, with respect to coverage of each individual enrolled under the Program in such a coverage gap geographic area with respect to which the entity administers the Program in an amount specified in the contract, subject to subparagraph (D)(ii) and paragraph (6). (E) The contract shall require— (i) the application of a minimum medical loss ratio (as calculated under subsection (d) of section 438.8 of title 42, Code of Federal Regulations (or any successor regulation)) for payment for medical assistance administered by the managed care organization under the Program, with respect to a year, that is equal to or greater than 85 percent (or such higher percent as specified by the Secretary); and (ii) in the case, with respect to a year, the minimum medical loss ratio (as so calculated) for payment for services under the benefits so administered is less than 85 percent (or such higher percent as specified by the Secretary under clause (i)), remittance by the organization to the Secretary of any payments (or portions of payments) made to the organization under this section in an amount equal to the difference in payments for medical assistance, with respect to the year, resulting from the organization’s failure to meet such ratio for such year. (F) The contract shall require that the eligible entity submit to the Secretary the number of individuals enrolled in the Program with respect to each coverage gap geographic area and month with respect to which the contract applies and such additional information as specified by the Secretary for purposes of payment, program integrity, oversight, quality measurement, or such other purpose specified by the Secretary. (G) The contract shall require that the eligible entity perform any other activity identified by the Secretary. (4) Contract with a third party plan administrator \n(A) In general \nIn the case of a contract under paragraph (1) between the Secretary and an eligible entity to administer the Program as a third party plan administrator, with respect to one or more coverage gap geographic areas, such contract shall provide that, with respect to medical assistance provided under the Federal Medicaid program to individuals who are enrolled in the Program with respect to such area (or areas)— (i) the third party plan administrator shall, consistent with such requirements as may be established by the Secretary— (I) establish provider networks, payment rates, and utilization management, consistent with the provisions of section 1902(a)(30)(A), as applied by subsection (a)(4); (II) pay claims in a timely manner and in accordance with the provisions of section 1902(a)(37); (III) submit to the Secretary the number of individuals enrolled in the Program with respect to each coverage gap geographic area and month with respect to which the contract applies and such additional information as specified by the Secretary for purposes of payment, program integrity, oversight, quality measurement, or such other purpose specified by the Secretary; and (IV) perform any other activity identified by the Secretary; and (ii) the Secretary shall make payments (for the claims submitted by the third party plan administrator and for an economic and efficient administrative fee) under this section to the third party plan administrator, with respect to coverage of each individual enrolled under the Program in a coverage gap geographic area with respect to which the third party plan administrator administers the Program in an amount determined under the contract, subject to subclause (VI)(bb) and paragraph (7). (B) Third party plan administrator defined \nFor purposes of this section, the term third party plan administrator means an entity that satisfies such requirements as established by the Secretary, which shall include at least that such an entity administers health plan benefits, pays claims under the plan, establishes provider networks, sets payment rates, and are not risk-bearing entities. (5) Administrative authority \nThe Secretary may take such actions as are necessary to administer this subsection, including by setting payment rates, setting network adequacy standards, establishing quality requirements, establishing reporting requirements, and specifying any other program requirements or standards necessary in contracting with specified entities under this subsection, and overseeing such entities, with respect to the administration of the Federal Medicaid program. (6) Preemption \nIn carrying out the duties under a contract entered into under paragraph (1) between the Secretary and a Medicaid managed care organization or a third party plan administrator, with respect to a coverage gap State— (A) the Secretary may establish minimum standards and licensure requirements for such a Medicaid managed care organization or third party plan administrator for purposes of carrying out such duties; and (B) any provisions of law of that State which relate to the licensing of the organization or administrator and which prohibit the organization or administrator from providing coverage pursuant to a contract under this section shall be superseded. (7) Penalties \nIn the case of an eligible entity with a contract under this section that fails to comply with the requirements of such entity pursuant to this section or such contract, the Secretary may withhold payment (or any portion of such payment) to such entity under this section in accordance with a process specified by the Secretary, impose a corrective action plan on such entity, or impose a civil monetary penalty on such entity in an amount not to exceed $10,000 for each such failure. In implementing this paragraph, the Secretary shall have the authorities provided the Secretary under section 1932(e) and subparts F and I of part 438 of title 42, Code of Federal Regulations. (8) Coverage gap geographic area \nFor purposes of this section, the term coverage gap geographic area means an area of one or more coverage gap States, as specified by the Secretary, or any area within such a State, as specified by the Secretary. (c) Periodic data matching \nThe Secretary shall, including through contract, periodically verify the income of an individual enrolled in the Federal Medicaid program for a year, before the end of such year, to determine if there has been any change in the individual’s eligibility for benefits under the program. For purposes of the previous sentence, the Secretary may verify income of an individual based on the prospective income of the individual for such year or based on current monthly income of the individual, as specified by the Secretary. In the case that, pursuant to such verification, an individual is determined to have had a change in income that results in such individual no longer be included as an individual described in section 1902(a)(10)(A)(i)(VIII), the Secretary shall apply the same processes and protections as States are required under this title to apply with respect to an individual who is determined to have had a change in income that results in such individual no longer being included as eligible for medical assistance under this title (other than pursuant to this section). (d) Drug rebates \nFor purposes of subsection (a)(2)(B), in applying section 1927, the Secretary shall (either directly or through contracts)— (1) require an eligible entity with a contract under subsection (b) to report the data required to be reported under section 1927(b)(2) by a State agency and require such entity to submit to the Secretary rebate data, utilization data, and any other information that would otherwise be required under section 1927 to be submitted to the Secretary by a State; (2) shall take such actions as are necessary and develop or adapt such processes and mechanisms as are necessary to report and collect data as is necessary and to bill and track rebates under section 1927, as applied pursuant to subsection (a)(2)(B) for drugs that are provided under the Federal Medicaid program; (3) provide that the coverage requirements of prescription drugs under the Federal Medicaid program comply with the coverage requirements section 1927; and (4) require that in order for payment to be available under the Federal Medicaid program or under section 1903(a) for covered outpatient drugs of a manufacturer, the manufacturer must have entered into and have in effect a rebate agreement to provide rebates under section 1927 to the Federal Medicaid program in the same form and manner as the manufacturer is required to provide rebates under an agreement described in section 1927(b) to a State Medicaid program under this title. (e) Transitions \n(1) From Exchange plans onto Federal Medicaid program \nThe Secretary shall provide for a process under which, in the case of individuals described in section 1902(a)(10)(A)(i)(VIII) who are enrolled in qualified health plans through an Exchange in a coverage gap State, the Secretary takes such steps as are necessary to transition such individuals to coverage under the Federal Medicaid program. Such process shall apply procedures described in section 1943(b)(1)(C) to screen for eligibility and enrollment under the Federal Medicaid program in the same manner as such procedures screen for eligibility and enrollment under qualified health plans through an Exchange established under title I of the Patient Protection and Affordable Care Act. (2) In case coverage gap State begins providing coverage under State plan \nThe Secretary shall provide for a process for, in the case of a coverage gap State in which the State begins to provide medical assistance to individuals described in section 1902(a)(10)(A)(i)(VIII) under the State plan (or waiver of such plan) and the Federal Medicaid program ceases to be offered, transitioning individuals from such program to the State plan (or waiver), as eligible, including a process for transitioning all eligibility redeterminations. (f) Coordination with and enrollment through Exchanges \nThe Secretary shall take such actions as are necessary to provide, in the case of a coverage gap State in which the Federal Medicaid program is offered, for the availability of information on, determinations of eligibility for, and enrollment in such program through and coordinated with the Exchange established with respect to such State under title I of the Patient Protection and Affordable Care Act. (g) Third party liability \nThe provisions of section 1902(a)(25) shall apply with respect to the Federal Medicaid program, the Secretary, and the eligible entities with a contract under subsection (b) in the same manner as such provisions apply with respect to State plans under this title (or waiver of such plans) and the State or local agency administering such plan (or waiver). The Secretary may specify a timeline (which may include a phase-in) for implementing this subsection. (h) Fraud And Abuse Provisions \nProvisions of law (other than criminal law provisions) identified by the Secretary by regulation, in consultation (as appropriate) with the Inspector General of the Department of Health and Human Services, that impose sanctions with respect to waste, fraud, and abuse under this title or title XI, such as the False Claims Act, as well as provisions of law (other than criminal law provisions) identified by the Secretary that provide oversight authority, shall also apply to the Federal Medicaid program. (i) Maintenance of effort \n(1) Payment \n(A) In general \nIn the case of a State that, as of January 1, 2027, is expending amounts for all individuals described in section 1902(a)(10)(A)(i)(VIII) under the State plan (or waiver of such plan) and that stops expending amounts for all such individuals under the State plan (or waiver of such plan), such State shall for each quarter beginning after January 1, 2027, during which such State does not expend amounts for all such individuals provide for payment under this subsection to the Secretary of the product of— (i) 10 percent of, subject to subparagraph (B), the average monthly per capita costs expended under the State plan (or waiver of such plan) for such individuals during the most recent previous quarter with respect to which the State expended amounts for all such individuals; and (ii) the sum, for each month during such quarter, of the number of individuals enrolled under such program in such State. (B) Annual increase \nFor purposes of subparagraph (A), in the case of a State with respect to which such subparagraph applies with respect to a period of consecutive quarters occurring during more than one calendar year, for such consecutive quarters occurring during the second of such calendar years or a subsequent calendar year, the average monthly per capita costs for each such quarter for such State determined under subparagraph (A)(i), or this subparagraph, shall be annually increased by the Secretary by the percentage increase in Medicaid spending under this title during the preceding year (as determined based on the most recent National Health Expenditure data with respect to such year). (2) Form and manner of payment \nPayment under paragraph (1) shall be made in a form and manner specified by the Secretary. (3) Compliance \nIf a State fails to pay to the Secretary an amount required under paragraph (1), interest shall accrue on such amount at the rate provided under section 1903(d)(5). The amount so owed and applicable interest shall be immediately offset against amounts otherwise payable to the State under section 1903(a), in accordance with the Federal Claims Collection Act of 1996 and applicable regulations. (4) Data match \nThe Secretary shall perform such periodic data matches as may be necessary to identify and compute the number of individuals enrolled under the Federal Medicaid program under section 1948 in a coverage gap State (as referenced in subsection (a) of such section) for purposes of computing the amount under paragraph (1). (5) Notice \nThe Secretary shall notify each State described in paragraph (1) not later than a date specified by the Secretary that is before the beginning of each quarter (beginning with 2027) of the amount computed under paragraph (1) for the State for that year. (j) Appropriations \nThere is appropriated, out of any funds in the Treasury not otherwise appropriated, for each fiscal year such sums as are necessary to carry out subsections (a) through (i) of this section.. (b) Drug rebate conforming amendment \nSection 1927(a)(1) of the Social Security Act ( 42 U.S.C. 1396r–8(a)(1) ) is amended in the first sentence— (1) by striking or under part B of title XVIII and inserting , under the Federal Medicaid program under section 1948, or under part B of title XVIII ; and (2) by inserting including as such subsection is applied pursuant to subsections (a)(2)(C) and (d) of section 1948 with respect to the Federal Medicaid program, before and must meet.", "id": "H4DF6191336CA47CBAD4DEC429683F1C5", "header": "Closing the Medicaid coverage gap", "nested": [ { "text": "(a) Federal Medicaid program To close coverage gap in nonexpansion States \nTitle XIX of the Social Security Act ( 42 U.S.C. 1396 et seq. ) is amended by adding at the end the following new section: 1948. Federal Medicaid program to close coverage gap in nonexpansion States \n(a) Establishment \nIn the case of a State that the Secretary determines (based on the State plan under this title, waiver of such plan, or other relevant information) is not expected to expend amounts under the State plan (or waiver of such plan) for all individuals described in section 1902(a)(10)(A)(i)(VIII) during a year (beginning with 2027) (in this section defined as a coverage gap State , with respect to such year), the Secretary shall (including through contract with eligible entities (as specified by the Secretary), consistent with subsection (b)) provide for the offering to such individuals residing in such State of a health benefits plan (in this section referred to as the Federal Medicaid program or the Program ), for each quarter during the period beginning on January 1 of such year, and ending with the last day of the first quarter during which the State provides medical assistance to all such individuals under the State plan (or waiver of such plan). Under the Federal Medicaid program, the Secretary— (1) may use the Federally Facilitated Marketplace to facilitate eligibility determinations and enrollments under the Federal Medicaid Program and shall establish a set of eligibility rules to be applied under the Program in a manner consistent with section 1902(e)(14); and (2) shall establish benefits, beneficiary protections, and access to care standards by, at a minimum— (A) establishing a minimum set of benefits to be provided (and providing such benefits) under the Federal Medicaid program, which shall be in compliance with the requirements of section 1937 and shall consist of benchmark coverage described in section 1937(b)(1) or benchmark equivalent coverage described in section 1937(b)(2) to the same extent as medical assistance provided to such an individual under this title (without application of this section) is required under section 1902(k)(1) to consist of such benchmark coverage or benchmark equivalent coverage; (B) applying the provisions of sections 1902(a)(8), 1902(a)(34) (which may be applied in accordance with such phased-in implementation as the Secretary deems necessary, but beginning as soon as practicable), and 1943 with respect to such an individual, benefits under the Federal Medicaid program, and making application for such benefits (which may be in accordance with a phased-in implementation as the Secretary deems necessary, but beginning as soon as practicable) in the same manner as such provisions would apply to such an individual, medical assistance under this title (other than pursuant to this section), and making application for such medical assistance under this title (other than pursuant to this section); and providing that redeterminations and appeals of eligibility and coverage determinations of services (including benefit reductions, terminations, and suspension) shall be conducted under the Federal Medicaid program in accordance with a Federal fair hearing process established by the Secretary that is subject to the same requirements as applied with respect to redeterminations and appeals of eligibility, and with respect to coverage of services (including benefit reductions, terminations, and suspension), under a State plan under this title and that may provide for such fair hearings related to denials of eligibility (based on modified adjusted gross income eligibility determinations) to be conducted through the Federally Facilitated Marketplace for Exchanges; (C) applying, in accordance with subsection (d), the provisions of section 1927 (other than subparagraphs (B) and (C) of subsection (b)(1) of such section) with respect to the Secretary and payment under the Federal Medicaid program for covered outpatient drugs with respect to a rebate period in the same manner and to the same extent as such provisions apply with respect to a State and payment under the State plan for covered outpatient drugs with respect to the rebate period; and (D) applying the provisions of sections 1902(a)(14), 1902(a)(23), 1902(a)(47), and 1920 through 1920C (as applicable) to the Federal Medicaid program and such individuals enrolled in such program in the same manner and to the same extent as such provisions apply to a State plan and such individuals eligible for medical assistance under the State plan, and applying the provisions of section 1902(a)(30)(A) with respect to medical assistance available under the Federal Medicaid program in the same manner and to the same extent as such provisions apply to medical assistance under a State plan under this title, except that— (i) the Secretary shall provide that no cost sharing shall be applied under the Federal Medicaid program; (ii) the Secretary may waive the provisions of subparagraph (A) of section 1902(a)(23) to the extent deemed appropriate to facilitate the implementation of managed care; and (iii) in applying the provisions of section 1902(a)(47) and sections 1920 through 1920C, the Secretary— (I) shall establish a single presumptive eligibility process for individuals eligible under the Federal Medicaid program, under which the Secretary may contract with entities to carry out such process; and (II) may apply such provisions and process in accordance with such phased-in implementation as the Secretary deems necessary, but beginning as soon as practicable. (b) Administration of Federal Medicaid program through contracts with Medicaid managed care organization and third party plan administrator requirements \n(1) In general \nFor the purpose of administering the benefits under the Program (across all coverage gap geographic areas (as defined in paragraph (8))) to provide medical assistance to individuals described in section 1902(a)(10)(A)(i)(VIII) enrolled under the Federal Medicaid program and residing in such areas, the Secretary shall solicit bids described in paragraph (2) and enter into contracts with a total of at least 2 eligible entities (as specified by the Secretary, which may be a medicaid managed care organization (in this section defined as including a managed care organization described in section 1932(a)(1)(B)(i), a prepaid inpatient health plan, and a prepaid ambulatory health plans (as defined in section 438.2 of title 42, Code of Federal Regulations)), a third party plan administrator, or both). An eligible entity entering into a contract with the Secretary under this paragraph may administer such benefits as a Medicaid managed care organization (as so defined), in which case such contract shall be in accordance with paragraph (3) with respect to such geographic area, or as a third-party administrator, in which case such contract shall be in accordance with paragraph (4) with respect to such geographic area. The Secretary may so contract with a Medicaid managed care organization or third party plan administrator in each coverage gap geographic area (and may specify which type of eligible entity may bid with respect to a coverage gap geographic area or areas) and may contract with more than one such eligible entity in the same coverage gap geographic area. (2) Bids \n(A) In general \nTo be eligible to enter into a contract under this subsection, for a year, an entity shall submit (at such time, in such manner, and containing such information as specified by the Secretary) one or more bids to administer the Program in one or more coverage gap geographic areas, which reflects the projected monthly cost to the entity of furnishing benefits under the Program to an individual enrolled under the Program in such a geographic area (or areas) for such year. (B) Selection \nIn selecting from bids submitted under subparagraph (A) for purposes of entering into contracts with eligible entities under this subsection, with respect to a coverage gap geographic area, the Secretary shall take into account at least each of the following, with respect to each such bid: (i) Network adequacy (as proposed in the submitted bid). (ii) The amount, duration, and scope of benefits (such as value-added services offered in the submitted bid), as compared to the minimum set of benefits established by the Secretary under subsection (a)(2)(A). (iii) The amount of the bid, taking into account the average per member cost of providing medical assistance under State plans under this title (or waivers of such plans) to individuals enrolled in such plans (or waivers) who are at least 18 years of age and residing in the coverage gap geographic area, as well as the average cost of providing medical assistance under State plans under this title (and waivers of such plans) to individuals described in section 1902(a)(10)(A)(i)(VIII). (3) Contract with Medicaid managed care organization \nIn the case of a contract under paragraph (1) between the Secretary and an eligible entity administering benefits under the Program as a Medicaid managed care organization, with respect to one or more coverage gap geographic areas, the following shall apply: (A) The provisions of clauses (i) through (xi) of section 1903(m)(2)(A), clause (xii) of such section (to the extent such clause relates to subsections (b) and (f) of section 1932), and clause (xiii) of such section 1903(m)(2)(A) shall, to the greatest extent practicable, apply to the contract, to the Secretary, and to the Medicaid managed care organization, with respect to providing medical assistance under the Federal Medicaid program with respect to such area, in the same manner and to the same extent as such provisions apply to a contract under section 1903(m) between a State and an entity that is a Medicaid managed care organization (as defined in section 1903(m)(1)), to the State, and to the entity, with respect to providing medical assistance to individuals eligible for benefits under this title. (B) The provisions of section 1932(h) shall apply to the contract, Secretary, and Medicaid managed care organization. (C) The contract shall provide that the entity pay claims in a timely manner and in accordance with the provisions of section 1902(a)(37). (D) The contract shall provide that the Secretary shall make payments under this section to the entity, with respect to coverage of each individual enrolled under the Program in such a coverage gap geographic area with respect to which the entity administers the Program in an amount specified in the contract, subject to subparagraph (D)(ii) and paragraph (6). (E) The contract shall require— (i) the application of a minimum medical loss ratio (as calculated under subsection (d) of section 438.8 of title 42, Code of Federal Regulations (or any successor regulation)) for payment for medical assistance administered by the managed care organization under the Program, with respect to a year, that is equal to or greater than 85 percent (or such higher percent as specified by the Secretary); and (ii) in the case, with respect to a year, the minimum medical loss ratio (as so calculated) for payment for services under the benefits so administered is less than 85 percent (or such higher percent as specified by the Secretary under clause (i)), remittance by the organization to the Secretary of any payments (or portions of payments) made to the organization under this section in an amount equal to the difference in payments for medical assistance, with respect to the year, resulting from the organization’s failure to meet such ratio for such year. (F) The contract shall require that the eligible entity submit to the Secretary the number of individuals enrolled in the Program with respect to each coverage gap geographic area and month with respect to which the contract applies and such additional information as specified by the Secretary for purposes of payment, program integrity, oversight, quality measurement, or such other purpose specified by the Secretary. (G) The contract shall require that the eligible entity perform any other activity identified by the Secretary. (4) Contract with a third party plan administrator \n(A) In general \nIn the case of a contract under paragraph (1) between the Secretary and an eligible entity to administer the Program as a third party plan administrator, with respect to one or more coverage gap geographic areas, such contract shall provide that, with respect to medical assistance provided under the Federal Medicaid program to individuals who are enrolled in the Program with respect to such area (or areas)— (i) the third party plan administrator shall, consistent with such requirements as may be established by the Secretary— (I) establish provider networks, payment rates, and utilization management, consistent with the provisions of section 1902(a)(30)(A), as applied by subsection (a)(4); (II) pay claims in a timely manner and in accordance with the provisions of section 1902(a)(37); (III) submit to the Secretary the number of individuals enrolled in the Program with respect to each coverage gap geographic area and month with respect to which the contract applies and such additional information as specified by the Secretary for purposes of payment, program integrity, oversight, quality measurement, or such other purpose specified by the Secretary; and (IV) perform any other activity identified by the Secretary; and (ii) the Secretary shall make payments (for the claims submitted by the third party plan administrator and for an economic and efficient administrative fee) under this section to the third party plan administrator, with respect to coverage of each individual enrolled under the Program in a coverage gap geographic area with respect to which the third party plan administrator administers the Program in an amount determined under the contract, subject to subclause (VI)(bb) and paragraph (7). (B) Third party plan administrator defined \nFor purposes of this section, the term third party plan administrator means an entity that satisfies such requirements as established by the Secretary, which shall include at least that such an entity administers health plan benefits, pays claims under the plan, establishes provider networks, sets payment rates, and are not risk-bearing entities. (5) Administrative authority \nThe Secretary may take such actions as are necessary to administer this subsection, including by setting payment rates, setting network adequacy standards, establishing quality requirements, establishing reporting requirements, and specifying any other program requirements or standards necessary in contracting with specified entities under this subsection, and overseeing such entities, with respect to the administration of the Federal Medicaid program. (6) Preemption \nIn carrying out the duties under a contract entered into under paragraph (1) between the Secretary and a Medicaid managed care organization or a third party plan administrator, with respect to a coverage gap State— (A) the Secretary may establish minimum standards and licensure requirements for such a Medicaid managed care organization or third party plan administrator for purposes of carrying out such duties; and (B) any provisions of law of that State which relate to the licensing of the organization or administrator and which prohibit the organization or administrator from providing coverage pursuant to a contract under this section shall be superseded. (7) Penalties \nIn the case of an eligible entity with a contract under this section that fails to comply with the requirements of such entity pursuant to this section or such contract, the Secretary may withhold payment (or any portion of such payment) to such entity under this section in accordance with a process specified by the Secretary, impose a corrective action plan on such entity, or impose a civil monetary penalty on such entity in an amount not to exceed $10,000 for each such failure. In implementing this paragraph, the Secretary shall have the authorities provided the Secretary under section 1932(e) and subparts F and I of part 438 of title 42, Code of Federal Regulations. (8) Coverage gap geographic area \nFor purposes of this section, the term coverage gap geographic area means an area of one or more coverage gap States, as specified by the Secretary, or any area within such a State, as specified by the Secretary. (c) Periodic data matching \nThe Secretary shall, including through contract, periodically verify the income of an individual enrolled in the Federal Medicaid program for a year, before the end of such year, to determine if there has been any change in the individual’s eligibility for benefits under the program. For purposes of the previous sentence, the Secretary may verify income of an individual based on the prospective income of the individual for such year or based on current monthly income of the individual, as specified by the Secretary. In the case that, pursuant to such verification, an individual is determined to have had a change in income that results in such individual no longer be included as an individual described in section 1902(a)(10)(A)(i)(VIII), the Secretary shall apply the same processes and protections as States are required under this title to apply with respect to an individual who is determined to have had a change in income that results in such individual no longer being included as eligible for medical assistance under this title (other than pursuant to this section). (d) Drug rebates \nFor purposes of subsection (a)(2)(B), in applying section 1927, the Secretary shall (either directly or through contracts)— (1) require an eligible entity with a contract under subsection (b) to report the data required to be reported under section 1927(b)(2) by a State agency and require such entity to submit to the Secretary rebate data, utilization data, and any other information that would otherwise be required under section 1927 to be submitted to the Secretary by a State; (2) shall take such actions as are necessary and develop or adapt such processes and mechanisms as are necessary to report and collect data as is necessary and to bill and track rebates under section 1927, as applied pursuant to subsection (a)(2)(B) for drugs that are provided under the Federal Medicaid program; (3) provide that the coverage requirements of prescription drugs under the Federal Medicaid program comply with the coverage requirements section 1927; and (4) require that in order for payment to be available under the Federal Medicaid program or under section 1903(a) for covered outpatient drugs of a manufacturer, the manufacturer must have entered into and have in effect a rebate agreement to provide rebates under section 1927 to the Federal Medicaid program in the same form and manner as the manufacturer is required to provide rebates under an agreement described in section 1927(b) to a State Medicaid program under this title. (e) Transitions \n(1) From Exchange plans onto Federal Medicaid program \nThe Secretary shall provide for a process under which, in the case of individuals described in section 1902(a)(10)(A)(i)(VIII) who are enrolled in qualified health plans through an Exchange in a coverage gap State, the Secretary takes such steps as are necessary to transition such individuals to coverage under the Federal Medicaid program. Such process shall apply procedures described in section 1943(b)(1)(C) to screen for eligibility and enrollment under the Federal Medicaid program in the same manner as such procedures screen for eligibility and enrollment under qualified health plans through an Exchange established under title I of the Patient Protection and Affordable Care Act. (2) In case coverage gap State begins providing coverage under State plan \nThe Secretary shall provide for a process for, in the case of a coverage gap State in which the State begins to provide medical assistance to individuals described in section 1902(a)(10)(A)(i)(VIII) under the State plan (or waiver of such plan) and the Federal Medicaid program ceases to be offered, transitioning individuals from such program to the State plan (or waiver), as eligible, including a process for transitioning all eligibility redeterminations. (f) Coordination with and enrollment through Exchanges \nThe Secretary shall take such actions as are necessary to provide, in the case of a coverage gap State in which the Federal Medicaid program is offered, for the availability of information on, determinations of eligibility for, and enrollment in such program through and coordinated with the Exchange established with respect to such State under title I of the Patient Protection and Affordable Care Act. (g) Third party liability \nThe provisions of section 1902(a)(25) shall apply with respect to the Federal Medicaid program, the Secretary, and the eligible entities with a contract under subsection (b) in the same manner as such provisions apply with respect to State plans under this title (or waiver of such plans) and the State or local agency administering such plan (or waiver). The Secretary may specify a timeline (which may include a phase-in) for implementing this subsection. (h) Fraud And Abuse Provisions \nProvisions of law (other than criminal law provisions) identified by the Secretary by regulation, in consultation (as appropriate) with the Inspector General of the Department of Health and Human Services, that impose sanctions with respect to waste, fraud, and abuse under this title or title XI, such as the False Claims Act, as well as provisions of law (other than criminal law provisions) identified by the Secretary that provide oversight authority, shall also apply to the Federal Medicaid program. (i) Maintenance of effort \n(1) Payment \n(A) In general \nIn the case of a State that, as of January 1, 2027, is expending amounts for all individuals described in section 1902(a)(10)(A)(i)(VIII) under the State plan (or waiver of such plan) and that stops expending amounts for all such individuals under the State plan (or waiver of such plan), such State shall for each quarter beginning after January 1, 2027, during which such State does not expend amounts for all such individuals provide for payment under this subsection to the Secretary of the product of— (i) 10 percent of, subject to subparagraph (B), the average monthly per capita costs expended under the State plan (or waiver of such plan) for such individuals during the most recent previous quarter with respect to which the State expended amounts for all such individuals; and (ii) the sum, for each month during such quarter, of the number of individuals enrolled under such program in such State. (B) Annual increase \nFor purposes of subparagraph (A), in the case of a State with respect to which such subparagraph applies with respect to a period of consecutive quarters occurring during more than one calendar year, for such consecutive quarters occurring during the second of such calendar years or a subsequent calendar year, the average monthly per capita costs for each such quarter for such State determined under subparagraph (A)(i), or this subparagraph, shall be annually increased by the Secretary by the percentage increase in Medicaid spending under this title during the preceding year (as determined based on the most recent National Health Expenditure data with respect to such year). (2) Form and manner of payment \nPayment under paragraph (1) shall be made in a form and manner specified by the Secretary. (3) Compliance \nIf a State fails to pay to the Secretary an amount required under paragraph (1), interest shall accrue on such amount at the rate provided under section 1903(d)(5). The amount so owed and applicable interest shall be immediately offset against amounts otherwise payable to the State under section 1903(a), in accordance with the Federal Claims Collection Act of 1996 and applicable regulations. (4) Data match \nThe Secretary shall perform such periodic data matches as may be necessary to identify and compute the number of individuals enrolled under the Federal Medicaid program under section 1948 in a coverage gap State (as referenced in subsection (a) of such section) for purposes of computing the amount under paragraph (1). (5) Notice \nThe Secretary shall notify each State described in paragraph (1) not later than a date specified by the Secretary that is before the beginning of each quarter (beginning with 2027) of the amount computed under paragraph (1) for the State for that year. (j) Appropriations \nThere is appropriated, out of any funds in the Treasury not otherwise appropriated, for each fiscal year such sums as are necessary to carry out subsections (a) through (i) of this section..", "id": "H3F3BE1D3E902448E98FD39431B22EEBE", "header": "Federal Medicaid program To close coverage gap in nonexpansion States", "nested": [], "links": [ { "text": "42 U.S.C. 1396 et seq.", "legal-doc": "usc", "parsable-cite": "usc/42/1396" } ] }, { "text": "(b) Drug rebate conforming amendment \nSection 1927(a)(1) of the Social Security Act ( 42 U.S.C. 1396r–8(a)(1) ) is amended in the first sentence— (1) by striking or under part B of title XVIII and inserting , under the Federal Medicaid program under section 1948, or under part B of title XVIII ; and (2) by inserting including as such subsection is applied pursuant to subsections (a)(2)(C) and (d) of section 1948 with respect to the Federal Medicaid program, before and must meet.", "id": "H30BB3639985845D9A5E8CDC24D560326", "header": "Drug rebate conforming amendment", "nested": [], "links": [ { "text": "42 U.S.C. 1396r–8(a)(1)", "legal-doc": "usc", "parsable-cite": "usc/42/1396r-8" } ] } ], "links": [ { "text": "42 U.S.C. 1396 et seq.", "legal-doc": "usc", "parsable-cite": "usc/42/1396" }, { "text": "42 U.S.C. 1396r–8(a)(1)", "legal-doc": "usc", "parsable-cite": "usc/42/1396r-8" } ] }, { "text": "1948. Federal Medicaid program to close coverage gap in nonexpansion States \n(a) Establishment \nIn the case of a State that the Secretary determines (based on the State plan under this title, waiver of such plan, or other relevant information) is not expected to expend amounts under the State plan (or waiver of such plan) for all individuals described in section 1902(a)(10)(A)(i)(VIII) during a year (beginning with 2027) (in this section defined as a coverage gap State , with respect to such year), the Secretary shall (including through contract with eligible entities (as specified by the Secretary), consistent with subsection (b)) provide for the offering to such individuals residing in such State of a health benefits plan (in this section referred to as the Federal Medicaid program or the Program ), for each quarter during the period beginning on January 1 of such year, and ending with the last day of the first quarter during which the State provides medical assistance to all such individuals under the State plan (or waiver of such plan). Under the Federal Medicaid program, the Secretary— (1) may use the Federally Facilitated Marketplace to facilitate eligibility determinations and enrollments under the Federal Medicaid Program and shall establish a set of eligibility rules to be applied under the Program in a manner consistent with section 1902(e)(14); and (2) shall establish benefits, beneficiary protections, and access to care standards by, at a minimum— (A) establishing a minimum set of benefits to be provided (and providing such benefits) under the Federal Medicaid program, which shall be in compliance with the requirements of section 1937 and shall consist of benchmark coverage described in section 1937(b)(1) or benchmark equivalent coverage described in section 1937(b)(2) to the same extent as medical assistance provided to such an individual under this title (without application of this section) is required under section 1902(k)(1) to consist of such benchmark coverage or benchmark equivalent coverage; (B) applying the provisions of sections 1902(a)(8), 1902(a)(34) (which may be applied in accordance with such phased-in implementation as the Secretary deems necessary, but beginning as soon as practicable), and 1943 with respect to such an individual, benefits under the Federal Medicaid program, and making application for such benefits (which may be in accordance with a phased-in implementation as the Secretary deems necessary, but beginning as soon as practicable) in the same manner as such provisions would apply to such an individual, medical assistance under this title (other than pursuant to this section), and making application for such medical assistance under this title (other than pursuant to this section); and providing that redeterminations and appeals of eligibility and coverage determinations of services (including benefit reductions, terminations, and suspension) shall be conducted under the Federal Medicaid program in accordance with a Federal fair hearing process established by the Secretary that is subject to the same requirements as applied with respect to redeterminations and appeals of eligibility, and with respect to coverage of services (including benefit reductions, terminations, and suspension), under a State plan under this title and that may provide for such fair hearings related to denials of eligibility (based on modified adjusted gross income eligibility determinations) to be conducted through the Federally Facilitated Marketplace for Exchanges; (C) applying, in accordance with subsection (d), the provisions of section 1927 (other than subparagraphs (B) and (C) of subsection (b)(1) of such section) with respect to the Secretary and payment under the Federal Medicaid program for covered outpatient drugs with respect to a rebate period in the same manner and to the same extent as such provisions apply with respect to a State and payment under the State plan for covered outpatient drugs with respect to the rebate period; and (D) applying the provisions of sections 1902(a)(14), 1902(a)(23), 1902(a)(47), and 1920 through 1920C (as applicable) to the Federal Medicaid program and such individuals enrolled in such program in the same manner and to the same extent as such provisions apply to a State plan and such individuals eligible for medical assistance under the State plan, and applying the provisions of section 1902(a)(30)(A) with respect to medical assistance available under the Federal Medicaid program in the same manner and to the same extent as such provisions apply to medical assistance under a State plan under this title, except that— (i) the Secretary shall provide that no cost sharing shall be applied under the Federal Medicaid program; (ii) the Secretary may waive the provisions of subparagraph (A) of section 1902(a)(23) to the extent deemed appropriate to facilitate the implementation of managed care; and (iii) in applying the provisions of section 1902(a)(47) and sections 1920 through 1920C, the Secretary— (I) shall establish a single presumptive eligibility process for individuals eligible under the Federal Medicaid program, under which the Secretary may contract with entities to carry out such process; and (II) may apply such provisions and process in accordance with such phased-in implementation as the Secretary deems necessary, but beginning as soon as practicable. (b) Administration of Federal Medicaid program through contracts with Medicaid managed care organization and third party plan administrator requirements \n(1) In general \nFor the purpose of administering the benefits under the Program (across all coverage gap geographic areas (as defined in paragraph (8))) to provide medical assistance to individuals described in section 1902(a)(10)(A)(i)(VIII) enrolled under the Federal Medicaid program and residing in such areas, the Secretary shall solicit bids described in paragraph (2) and enter into contracts with a total of at least 2 eligible entities (as specified by the Secretary, which may be a medicaid managed care organization (in this section defined as including a managed care organization described in section 1932(a)(1)(B)(i), a prepaid inpatient health plan, and a prepaid ambulatory health plans (as defined in section 438.2 of title 42, Code of Federal Regulations)), a third party plan administrator, or both). An eligible entity entering into a contract with the Secretary under this paragraph may administer such benefits as a Medicaid managed care organization (as so defined), in which case such contract shall be in accordance with paragraph (3) with respect to such geographic area, or as a third-party administrator, in which case such contract shall be in accordance with paragraph (4) with respect to such geographic area. The Secretary may so contract with a Medicaid managed care organization or third party plan administrator in each coverage gap geographic area (and may specify which type of eligible entity may bid with respect to a coverage gap geographic area or areas) and may contract with more than one such eligible entity in the same coverage gap geographic area. (2) Bids \n(A) In general \nTo be eligible to enter into a contract under this subsection, for a year, an entity shall submit (at such time, in such manner, and containing such information as specified by the Secretary) one or more bids to administer the Program in one or more coverage gap geographic areas, which reflects the projected monthly cost to the entity of furnishing benefits under the Program to an individual enrolled under the Program in such a geographic area (or areas) for such year. (B) Selection \nIn selecting from bids submitted under subparagraph (A) for purposes of entering into contracts with eligible entities under this subsection, with respect to a coverage gap geographic area, the Secretary shall take into account at least each of the following, with respect to each such bid: (i) Network adequacy (as proposed in the submitted bid). (ii) The amount, duration, and scope of benefits (such as value-added services offered in the submitted bid), as compared to the minimum set of benefits established by the Secretary under subsection (a)(2)(A). (iii) The amount of the bid, taking into account the average per member cost of providing medical assistance under State plans under this title (or waivers of such plans) to individuals enrolled in such plans (or waivers) who are at least 18 years of age and residing in the coverage gap geographic area, as well as the average cost of providing medical assistance under State plans under this title (and waivers of such plans) to individuals described in section 1902(a)(10)(A)(i)(VIII). (3) Contract with Medicaid managed care organization \nIn the case of a contract under paragraph (1) between the Secretary and an eligible entity administering benefits under the Program as a Medicaid managed care organization, with respect to one or more coverage gap geographic areas, the following shall apply: (A) The provisions of clauses (i) through (xi) of section 1903(m)(2)(A), clause (xii) of such section (to the extent such clause relates to subsections (b) and (f) of section 1932), and clause (xiii) of such section 1903(m)(2)(A) shall, to the greatest extent practicable, apply to the contract, to the Secretary, and to the Medicaid managed care organization, with respect to providing medical assistance under the Federal Medicaid program with respect to such area, in the same manner and to the same extent as such provisions apply to a contract under section 1903(m) between a State and an entity that is a Medicaid managed care organization (as defined in section 1903(m)(1)), to the State, and to the entity, with respect to providing medical assistance to individuals eligible for benefits under this title. (B) The provisions of section 1932(h) shall apply to the contract, Secretary, and Medicaid managed care organization. (C) The contract shall provide that the entity pay claims in a timely manner and in accordance with the provisions of section 1902(a)(37). (D) The contract shall provide that the Secretary shall make payments under this section to the entity, with respect to coverage of each individual enrolled under the Program in such a coverage gap geographic area with respect to which the entity administers the Program in an amount specified in the contract, subject to subparagraph (D)(ii) and paragraph (6). (E) The contract shall require— (i) the application of a minimum medical loss ratio (as calculated under subsection (d) of section 438.8 of title 42, Code of Federal Regulations (or any successor regulation)) for payment for medical assistance administered by the managed care organization under the Program, with respect to a year, that is equal to or greater than 85 percent (or such higher percent as specified by the Secretary); and (ii) in the case, with respect to a year, the minimum medical loss ratio (as so calculated) for payment for services under the benefits so administered is less than 85 percent (or such higher percent as specified by the Secretary under clause (i)), remittance by the organization to the Secretary of any payments (or portions of payments) made to the organization under this section in an amount equal to the difference in payments for medical assistance, with respect to the year, resulting from the organization’s failure to meet such ratio for such year. (F) The contract shall require that the eligible entity submit to the Secretary the number of individuals enrolled in the Program with respect to each coverage gap geographic area and month with respect to which the contract applies and such additional information as specified by the Secretary for purposes of payment, program integrity, oversight, quality measurement, or such other purpose specified by the Secretary. (G) The contract shall require that the eligible entity perform any other activity identified by the Secretary. (4) Contract with a third party plan administrator \n(A) In general \nIn the case of a contract under paragraph (1) between the Secretary and an eligible entity to administer the Program as a third party plan administrator, with respect to one or more coverage gap geographic areas, such contract shall provide that, with respect to medical assistance provided under the Federal Medicaid program to individuals who are enrolled in the Program with respect to such area (or areas)— (i) the third party plan administrator shall, consistent with such requirements as may be established by the Secretary— (I) establish provider networks, payment rates, and utilization management, consistent with the provisions of section 1902(a)(30)(A), as applied by subsection (a)(4); (II) pay claims in a timely manner and in accordance with the provisions of section 1902(a)(37); (III) submit to the Secretary the number of individuals enrolled in the Program with respect to each coverage gap geographic area and month with respect to which the contract applies and such additional information as specified by the Secretary for purposes of payment, program integrity, oversight, quality measurement, or such other purpose specified by the Secretary; and (IV) perform any other activity identified by the Secretary; and (ii) the Secretary shall make payments (for the claims submitted by the third party plan administrator and for an economic and efficient administrative fee) under this section to the third party plan administrator, with respect to coverage of each individual enrolled under the Program in a coverage gap geographic area with respect to which the third party plan administrator administers the Program in an amount determined under the contract, subject to subclause (VI)(bb) and paragraph (7). (B) Third party plan administrator defined \nFor purposes of this section, the term third party plan administrator means an entity that satisfies such requirements as established by the Secretary, which shall include at least that such an entity administers health plan benefits, pays claims under the plan, establishes provider networks, sets payment rates, and are not risk-bearing entities. (5) Administrative authority \nThe Secretary may take such actions as are necessary to administer this subsection, including by setting payment rates, setting network adequacy standards, establishing quality requirements, establishing reporting requirements, and specifying any other program requirements or standards necessary in contracting with specified entities under this subsection, and overseeing such entities, with respect to the administration of the Federal Medicaid program. (6) Preemption \nIn carrying out the duties under a contract entered into under paragraph (1) between the Secretary and a Medicaid managed care organization or a third party plan administrator, with respect to a coverage gap State— (A) the Secretary may establish minimum standards and licensure requirements for such a Medicaid managed care organization or third party plan administrator for purposes of carrying out such duties; and (B) any provisions of law of that State which relate to the licensing of the organization or administrator and which prohibit the organization or administrator from providing coverage pursuant to a contract under this section shall be superseded. (7) Penalties \nIn the case of an eligible entity with a contract under this section that fails to comply with the requirements of such entity pursuant to this section or such contract, the Secretary may withhold payment (or any portion of such payment) to such entity under this section in accordance with a process specified by the Secretary, impose a corrective action plan on such entity, or impose a civil monetary penalty on such entity in an amount not to exceed $10,000 for each such failure. In implementing this paragraph, the Secretary shall have the authorities provided the Secretary under section 1932(e) and subparts F and I of part 438 of title 42, Code of Federal Regulations. (8) Coverage gap geographic area \nFor purposes of this section, the term coverage gap geographic area means an area of one or more coverage gap States, as specified by the Secretary, or any area within such a State, as specified by the Secretary. (c) Periodic data matching \nThe Secretary shall, including through contract, periodically verify the income of an individual enrolled in the Federal Medicaid program for a year, before the end of such year, to determine if there has been any change in the individual’s eligibility for benefits under the program. For purposes of the previous sentence, the Secretary may verify income of an individual based on the prospective income of the individual for such year or based on current monthly income of the individual, as specified by the Secretary. In the case that, pursuant to such verification, an individual is determined to have had a change in income that results in such individual no longer be included as an individual described in section 1902(a)(10)(A)(i)(VIII), the Secretary shall apply the same processes and protections as States are required under this title to apply with respect to an individual who is determined to have had a change in income that results in such individual no longer being included as eligible for medical assistance under this title (other than pursuant to this section). (d) Drug rebates \nFor purposes of subsection (a)(2)(B), in applying section 1927, the Secretary shall (either directly or through contracts)— (1) require an eligible entity with a contract under subsection (b) to report the data required to be reported under section 1927(b)(2) by a State agency and require such entity to submit to the Secretary rebate data, utilization data, and any other information that would otherwise be required under section 1927 to be submitted to the Secretary by a State; (2) shall take such actions as are necessary and develop or adapt such processes and mechanisms as are necessary to report and collect data as is necessary and to bill and track rebates under section 1927, as applied pursuant to subsection (a)(2)(B) for drugs that are provided under the Federal Medicaid program; (3) provide that the coverage requirements of prescription drugs under the Federal Medicaid program comply with the coverage requirements section 1927; and (4) require that in order for payment to be available under the Federal Medicaid program or under section 1903(a) for covered outpatient drugs of a manufacturer, the manufacturer must have entered into and have in effect a rebate agreement to provide rebates under section 1927 to the Federal Medicaid program in the same form and manner as the manufacturer is required to provide rebates under an agreement described in section 1927(b) to a State Medicaid program under this title. (e) Transitions \n(1) From Exchange plans onto Federal Medicaid program \nThe Secretary shall provide for a process under which, in the case of individuals described in section 1902(a)(10)(A)(i)(VIII) who are enrolled in qualified health plans through an Exchange in a coverage gap State, the Secretary takes such steps as are necessary to transition such individuals to coverage under the Federal Medicaid program. Such process shall apply procedures described in section 1943(b)(1)(C) to screen for eligibility and enrollment under the Federal Medicaid program in the same manner as such procedures screen for eligibility and enrollment under qualified health plans through an Exchange established under title I of the Patient Protection and Affordable Care Act. (2) In case coverage gap State begins providing coverage under State plan \nThe Secretary shall provide for a process for, in the case of a coverage gap State in which the State begins to provide medical assistance to individuals described in section 1902(a)(10)(A)(i)(VIII) under the State plan (or waiver of such plan) and the Federal Medicaid program ceases to be offered, transitioning individuals from such program to the State plan (or waiver), as eligible, including a process for transitioning all eligibility redeterminations. (f) Coordination with and enrollment through Exchanges \nThe Secretary shall take such actions as are necessary to provide, in the case of a coverage gap State in which the Federal Medicaid program is offered, for the availability of information on, determinations of eligibility for, and enrollment in such program through and coordinated with the Exchange established with respect to such State under title I of the Patient Protection and Affordable Care Act. (g) Third party liability \nThe provisions of section 1902(a)(25) shall apply with respect to the Federal Medicaid program, the Secretary, and the eligible entities with a contract under subsection (b) in the same manner as such provisions apply with respect to State plans under this title (or waiver of such plans) and the State or local agency administering such plan (or waiver). The Secretary may specify a timeline (which may include a phase-in) for implementing this subsection. (h) Fraud And Abuse Provisions \nProvisions of law (other than criminal law provisions) identified by the Secretary by regulation, in consultation (as appropriate) with the Inspector General of the Department of Health and Human Services, that impose sanctions with respect to waste, fraud, and abuse under this title or title XI, such as the False Claims Act, as well as provisions of law (other than criminal law provisions) identified by the Secretary that provide oversight authority, shall also apply to the Federal Medicaid program. (i) Maintenance of effort \n(1) Payment \n(A) In general \nIn the case of a State that, as of January 1, 2027, is expending amounts for all individuals described in section 1902(a)(10)(A)(i)(VIII) under the State plan (or waiver of such plan) and that stops expending amounts for all such individuals under the State plan (or waiver of such plan), such State shall for each quarter beginning after January 1, 2027, during which such State does not expend amounts for all such individuals provide for payment under this subsection to the Secretary of the product of— (i) 10 percent of, subject to subparagraph (B), the average monthly per capita costs expended under the State plan (or waiver of such plan) for such individuals during the most recent previous quarter with respect to which the State expended amounts for all such individuals; and (ii) the sum, for each month during such quarter, of the number of individuals enrolled under such program in such State. (B) Annual increase \nFor purposes of subparagraph (A), in the case of a State with respect to which such subparagraph applies with respect to a period of consecutive quarters occurring during more than one calendar year, for such consecutive quarters occurring during the second of such calendar years or a subsequent calendar year, the average monthly per capita costs for each such quarter for such State determined under subparagraph (A)(i), or this subparagraph, shall be annually increased by the Secretary by the percentage increase in Medicaid spending under this title during the preceding year (as determined based on the most recent National Health Expenditure data with respect to such year). (2) Form and manner of payment \nPayment under paragraph (1) shall be made in a form and manner specified by the Secretary. (3) Compliance \nIf a State fails to pay to the Secretary an amount required under paragraph (1), interest shall accrue on such amount at the rate provided under section 1903(d)(5). The amount so owed and applicable interest shall be immediately offset against amounts otherwise payable to the State under section 1903(a), in accordance with the Federal Claims Collection Act of 1996 and applicable regulations. (4) Data match \nThe Secretary shall perform such periodic data matches as may be necessary to identify and compute the number of individuals enrolled under the Federal Medicaid program under section 1948 in a coverage gap State (as referenced in subsection (a) of such section) for purposes of computing the amount under paragraph (1). (5) Notice \nThe Secretary shall notify each State described in paragraph (1) not later than a date specified by the Secretary that is before the beginning of each quarter (beginning with 2027) of the amount computed under paragraph (1) for the State for that year. (j) Appropriations \nThere is appropriated, out of any funds in the Treasury not otherwise appropriated, for each fiscal year such sums as are necessary to carry out subsections (a) through (i) of this section.", "id": "H69FA751B48E34AD59506445AA94FBC6C", "header": "Federal Medicaid program to close coverage gap in nonexpansion States", "nested": [ { "text": "(a) Establishment \nIn the case of a State that the Secretary determines (based on the State plan under this title, waiver of such plan, or other relevant information) is not expected to expend amounts under the State plan (or waiver of such plan) for all individuals described in section 1902(a)(10)(A)(i)(VIII) during a year (beginning with 2027) (in this section defined as a coverage gap State , with respect to such year), the Secretary shall (including through contract with eligible entities (as specified by the Secretary), consistent with subsection (b)) provide for the offering to such individuals residing in such State of a health benefits plan (in this section referred to as the Federal Medicaid program or the Program ), for each quarter during the period beginning on January 1 of such year, and ending with the last day of the first quarter during which the State provides medical assistance to all such individuals under the State plan (or waiver of such plan). Under the Federal Medicaid program, the Secretary— (1) may use the Federally Facilitated Marketplace to facilitate eligibility determinations and enrollments under the Federal Medicaid Program and shall establish a set of eligibility rules to be applied under the Program in a manner consistent with section 1902(e)(14); and (2) shall establish benefits, beneficiary protections, and access to care standards by, at a minimum— (A) establishing a minimum set of benefits to be provided (and providing such benefits) under the Federal Medicaid program, which shall be in compliance with the requirements of section 1937 and shall consist of benchmark coverage described in section 1937(b)(1) or benchmark equivalent coverage described in section 1937(b)(2) to the same extent as medical assistance provided to such an individual under this title (without application of this section) is required under section 1902(k)(1) to consist of such benchmark coverage or benchmark equivalent coverage; (B) applying the provisions of sections 1902(a)(8), 1902(a)(34) (which may be applied in accordance with such phased-in implementation as the Secretary deems necessary, but beginning as soon as practicable), and 1943 with respect to such an individual, benefits under the Federal Medicaid program, and making application for such benefits (which may be in accordance with a phased-in implementation as the Secretary deems necessary, but beginning as soon as practicable) in the same manner as such provisions would apply to such an individual, medical assistance under this title (other than pursuant to this section), and making application for such medical assistance under this title (other than pursuant to this section); and providing that redeterminations and appeals of eligibility and coverage determinations of services (including benefit reductions, terminations, and suspension) shall be conducted under the Federal Medicaid program in accordance with a Federal fair hearing process established by the Secretary that is subject to the same requirements as applied with respect to redeterminations and appeals of eligibility, and with respect to coverage of services (including benefit reductions, terminations, and suspension), under a State plan under this title and that may provide for such fair hearings related to denials of eligibility (based on modified adjusted gross income eligibility determinations) to be conducted through the Federally Facilitated Marketplace for Exchanges; (C) applying, in accordance with subsection (d), the provisions of section 1927 (other than subparagraphs (B) and (C) of subsection (b)(1) of such section) with respect to the Secretary and payment under the Federal Medicaid program for covered outpatient drugs with respect to a rebate period in the same manner and to the same extent as such provisions apply with respect to a State and payment under the State plan for covered outpatient drugs with respect to the rebate period; and (D) applying the provisions of sections 1902(a)(14), 1902(a)(23), 1902(a)(47), and 1920 through 1920C (as applicable) to the Federal Medicaid program and such individuals enrolled in such program in the same manner and to the same extent as such provisions apply to a State plan and such individuals eligible for medical assistance under the State plan, and applying the provisions of section 1902(a)(30)(A) with respect to medical assistance available under the Federal Medicaid program in the same manner and to the same extent as such provisions apply to medical assistance under a State plan under this title, except that— (i) the Secretary shall provide that no cost sharing shall be applied under the Federal Medicaid program; (ii) the Secretary may waive the provisions of subparagraph (A) of section 1902(a)(23) to the extent deemed appropriate to facilitate the implementation of managed care; and (iii) in applying the provisions of section 1902(a)(47) and sections 1920 through 1920C, the Secretary— (I) shall establish a single presumptive eligibility process for individuals eligible under the Federal Medicaid program, under which the Secretary may contract with entities to carry out such process; and (II) may apply such provisions and process in accordance with such phased-in implementation as the Secretary deems necessary, but beginning as soon as practicable.", "id": "HC6061417FD2E4BBF88C0341EDC3D9FF2", "header": "Establishment", "nested": [], "links": [] }, { "text": "(b) Administration of Federal Medicaid program through contracts with Medicaid managed care organization and third party plan administrator requirements \n(1) In general \nFor the purpose of administering the benefits under the Program (across all coverage gap geographic areas (as defined in paragraph (8))) to provide medical assistance to individuals described in section 1902(a)(10)(A)(i)(VIII) enrolled under the Federal Medicaid program and residing in such areas, the Secretary shall solicit bids described in paragraph (2) and enter into contracts with a total of at least 2 eligible entities (as specified by the Secretary, which may be a medicaid managed care organization (in this section defined as including a managed care organization described in section 1932(a)(1)(B)(i), a prepaid inpatient health plan, and a prepaid ambulatory health plans (as defined in section 438.2 of title 42, Code of Federal Regulations)), a third party plan administrator, or both). An eligible entity entering into a contract with the Secretary under this paragraph may administer such benefits as a Medicaid managed care organization (as so defined), in which case such contract shall be in accordance with paragraph (3) with respect to such geographic area, or as a third-party administrator, in which case such contract shall be in accordance with paragraph (4) with respect to such geographic area. The Secretary may so contract with a Medicaid managed care organization or third party plan administrator in each coverage gap geographic area (and may specify which type of eligible entity may bid with respect to a coverage gap geographic area or areas) and may contract with more than one such eligible entity in the same coverage gap geographic area. (2) Bids \n(A) In general \nTo be eligible to enter into a contract under this subsection, for a year, an entity shall submit (at such time, in such manner, and containing such information as specified by the Secretary) one or more bids to administer the Program in one or more coverage gap geographic areas, which reflects the projected monthly cost to the entity of furnishing benefits under the Program to an individual enrolled under the Program in such a geographic area (or areas) for such year. (B) Selection \nIn selecting from bids submitted under subparagraph (A) for purposes of entering into contracts with eligible entities under this subsection, with respect to a coverage gap geographic area, the Secretary shall take into account at least each of the following, with respect to each such bid: (i) Network adequacy (as proposed in the submitted bid). (ii) The amount, duration, and scope of benefits (such as value-added services offered in the submitted bid), as compared to the minimum set of benefits established by the Secretary under subsection (a)(2)(A). (iii) The amount of the bid, taking into account the average per member cost of providing medical assistance under State plans under this title (or waivers of such plans) to individuals enrolled in such plans (or waivers) who are at least 18 years of age and residing in the coverage gap geographic area, as well as the average cost of providing medical assistance under State plans under this title (and waivers of such plans) to individuals described in section 1902(a)(10)(A)(i)(VIII). (3) Contract with Medicaid managed care organization \nIn the case of a contract under paragraph (1) between the Secretary and an eligible entity administering benefits under the Program as a Medicaid managed care organization, with respect to one or more coverage gap geographic areas, the following shall apply: (A) The provisions of clauses (i) through (xi) of section 1903(m)(2)(A), clause (xii) of such section (to the extent such clause relates to subsections (b) and (f) of section 1932), and clause (xiii) of such section 1903(m)(2)(A) shall, to the greatest extent practicable, apply to the contract, to the Secretary, and to the Medicaid managed care organization, with respect to providing medical assistance under the Federal Medicaid program with respect to such area, in the same manner and to the same extent as such provisions apply to a contract under section 1903(m) between a State and an entity that is a Medicaid managed care organization (as defined in section 1903(m)(1)), to the State, and to the entity, with respect to providing medical assistance to individuals eligible for benefits under this title. (B) The provisions of section 1932(h) shall apply to the contract, Secretary, and Medicaid managed care organization. (C) The contract shall provide that the entity pay claims in a timely manner and in accordance with the provisions of section 1902(a)(37). (D) The contract shall provide that the Secretary shall make payments under this section to the entity, with respect to coverage of each individual enrolled under the Program in such a coverage gap geographic area with respect to which the entity administers the Program in an amount specified in the contract, subject to subparagraph (D)(ii) and paragraph (6). (E) The contract shall require— (i) the application of a minimum medical loss ratio (as calculated under subsection (d) of section 438.8 of title 42, Code of Federal Regulations (or any successor regulation)) for payment for medical assistance administered by the managed care organization under the Program, with respect to a year, that is equal to or greater than 85 percent (or such higher percent as specified by the Secretary); and (ii) in the case, with respect to a year, the minimum medical loss ratio (as so calculated) for payment for services under the benefits so administered is less than 85 percent (or such higher percent as specified by the Secretary under clause (i)), remittance by the organization to the Secretary of any payments (or portions of payments) made to the organization under this section in an amount equal to the difference in payments for medical assistance, with respect to the year, resulting from the organization’s failure to meet such ratio for such year. (F) The contract shall require that the eligible entity submit to the Secretary the number of individuals enrolled in the Program with respect to each coverage gap geographic area and month with respect to which the contract applies and such additional information as specified by the Secretary for purposes of payment, program integrity, oversight, quality measurement, or such other purpose specified by the Secretary. (G) The contract shall require that the eligible entity perform any other activity identified by the Secretary. (4) Contract with a third party plan administrator \n(A) In general \nIn the case of a contract under paragraph (1) between the Secretary and an eligible entity to administer the Program as a third party plan administrator, with respect to one or more coverage gap geographic areas, such contract shall provide that, with respect to medical assistance provided under the Federal Medicaid program to individuals who are enrolled in the Program with respect to such area (or areas)— (i) the third party plan administrator shall, consistent with such requirements as may be established by the Secretary— (I) establish provider networks, payment rates, and utilization management, consistent with the provisions of section 1902(a)(30)(A), as applied by subsection (a)(4); (II) pay claims in a timely manner and in accordance with the provisions of section 1902(a)(37); (III) submit to the Secretary the number of individuals enrolled in the Program with respect to each coverage gap geographic area and month with respect to which the contract applies and such additional information as specified by the Secretary for purposes of payment, program integrity, oversight, quality measurement, or such other purpose specified by the Secretary; and (IV) perform any other activity identified by the Secretary; and (ii) the Secretary shall make payments (for the claims submitted by the third party plan administrator and for an economic and efficient administrative fee) under this section to the third party plan administrator, with respect to coverage of each individual enrolled under the Program in a coverage gap geographic area with respect to which the third party plan administrator administers the Program in an amount determined under the contract, subject to subclause (VI)(bb) and paragraph (7). (B) Third party plan administrator defined \nFor purposes of this section, the term third party plan administrator means an entity that satisfies such requirements as established by the Secretary, which shall include at least that such an entity administers health plan benefits, pays claims under the plan, establishes provider networks, sets payment rates, and are not risk-bearing entities. (5) Administrative authority \nThe Secretary may take such actions as are necessary to administer this subsection, including by setting payment rates, setting network adequacy standards, establishing quality requirements, establishing reporting requirements, and specifying any other program requirements or standards necessary in contracting with specified entities under this subsection, and overseeing such entities, with respect to the administration of the Federal Medicaid program. (6) Preemption \nIn carrying out the duties under a contract entered into under paragraph (1) between the Secretary and a Medicaid managed care organization or a third party plan administrator, with respect to a coverage gap State— (A) the Secretary may establish minimum standards and licensure requirements for such a Medicaid managed care organization or third party plan administrator for purposes of carrying out such duties; and (B) any provisions of law of that State which relate to the licensing of the organization or administrator and which prohibit the organization or administrator from providing coverage pursuant to a contract under this section shall be superseded. (7) Penalties \nIn the case of an eligible entity with a contract under this section that fails to comply with the requirements of such entity pursuant to this section or such contract, the Secretary may withhold payment (or any portion of such payment) to such entity under this section in accordance with a process specified by the Secretary, impose a corrective action plan on such entity, or impose a civil monetary penalty on such entity in an amount not to exceed $10,000 for each such failure. In implementing this paragraph, the Secretary shall have the authorities provided the Secretary under section 1932(e) and subparts F and I of part 438 of title 42, Code of Federal Regulations. (8) Coverage gap geographic area \nFor purposes of this section, the term coverage gap geographic area means an area of one or more coverage gap States, as specified by the Secretary, or any area within such a State, as specified by the Secretary.", "id": "HFDFACDE22131407D9449E360BE2FACC9", "header": "Administration of Federal Medicaid program through contracts with Medicaid managed care organization and third party plan administrator requirements", "nested": [], "links": [] }, { "text": "(c) Periodic data matching \nThe Secretary shall, including through contract, periodically verify the income of an individual enrolled in the Federal Medicaid program for a year, before the end of such year, to determine if there has been any change in the individual’s eligibility for benefits under the program. For purposes of the previous sentence, the Secretary may verify income of an individual based on the prospective income of the individual for such year or based on current monthly income of the individual, as specified by the Secretary. In the case that, pursuant to such verification, an individual is determined to have had a change in income that results in such individual no longer be included as an individual described in section 1902(a)(10)(A)(i)(VIII), the Secretary shall apply the same processes and protections as States are required under this title to apply with respect to an individual who is determined to have had a change in income that results in such individual no longer being included as eligible for medical assistance under this title (other than pursuant to this section).", "id": "HF1C48889C30545C3BC794EF65DE9ECEC", "header": "Periodic data matching", "nested": [], "links": [] }, { "text": "(d) Drug rebates \nFor purposes of subsection (a)(2)(B), in applying section 1927, the Secretary shall (either directly or through contracts)— (1) require an eligible entity with a contract under subsection (b) to report the data required to be reported under section 1927(b)(2) by a State agency and require such entity to submit to the Secretary rebate data, utilization data, and any other information that would otherwise be required under section 1927 to be submitted to the Secretary by a State; (2) shall take such actions as are necessary and develop or adapt such processes and mechanisms as are necessary to report and collect data as is necessary and to bill and track rebates under section 1927, as applied pursuant to subsection (a)(2)(B) for drugs that are provided under the Federal Medicaid program; (3) provide that the coverage requirements of prescription drugs under the Federal Medicaid program comply with the coverage requirements section 1927; and (4) require that in order for payment to be available under the Federal Medicaid program or under section 1903(a) for covered outpatient drugs of a manufacturer, the manufacturer must have entered into and have in effect a rebate agreement to provide rebates under section 1927 to the Federal Medicaid program in the same form and manner as the manufacturer is required to provide rebates under an agreement described in section 1927(b) to a State Medicaid program under this title.", "id": "H0DDCB58BEB9B4652BB358AD7B5B7FCB5", "header": "Drug rebates", "nested": [], "links": [] }, { "text": "(e) Transitions \n(1) From Exchange plans onto Federal Medicaid program \nThe Secretary shall provide for a process under which, in the case of individuals described in section 1902(a)(10)(A)(i)(VIII) who are enrolled in qualified health plans through an Exchange in a coverage gap State, the Secretary takes such steps as are necessary to transition such individuals to coverage under the Federal Medicaid program. Such process shall apply procedures described in section 1943(b)(1)(C) to screen for eligibility and enrollment under the Federal Medicaid program in the same manner as such procedures screen for eligibility and enrollment under qualified health plans through an Exchange established under title I of the Patient Protection and Affordable Care Act. (2) In case coverage gap State begins providing coverage under State plan \nThe Secretary shall provide for a process for, in the case of a coverage gap State in which the State begins to provide medical assistance to individuals described in section 1902(a)(10)(A)(i)(VIII) under the State plan (or waiver of such plan) and the Federal Medicaid program ceases to be offered, transitioning individuals from such program to the State plan (or waiver), as eligible, including a process for transitioning all eligibility redeterminations.", "id": "H36B1B92D72E24C15BFC8AD8B06CA8CC4", "header": "Transitions", "nested": [], "links": [] }, { "text": "(f) Coordination with and enrollment through Exchanges \nThe Secretary shall take such actions as are necessary to provide, in the case of a coverage gap State in which the Federal Medicaid program is offered, for the availability of information on, determinations of eligibility for, and enrollment in such program through and coordinated with the Exchange established with respect to such State under title I of the Patient Protection and Affordable Care Act.", "id": "HDE62ED3497E84089BF25AF65DE5147BF", "header": "Coordination with and enrollment through Exchanges", "nested": [], "links": [] }, { "text": "(g) Third party liability \nThe provisions of section 1902(a)(25) shall apply with respect to the Federal Medicaid program, the Secretary, and the eligible entities with a contract under subsection (b) in the same manner as such provisions apply with respect to State plans under this title (or waiver of such plans) and the State or local agency administering such plan (or waiver). The Secretary may specify a timeline (which may include a phase-in) for implementing this subsection.", "id": "H9235211A50314586A3CA91DADAE297CC", "header": "Third party liability", "nested": [], "links": [] }, { "text": "(h) Fraud And Abuse Provisions \nProvisions of law (other than criminal law provisions) identified by the Secretary by regulation, in consultation (as appropriate) with the Inspector General of the Department of Health and Human Services, that impose sanctions with respect to waste, fraud, and abuse under this title or title XI, such as the False Claims Act, as well as provisions of law (other than criminal law provisions) identified by the Secretary that provide oversight authority, shall also apply to the Federal Medicaid program.", "id": "H8D13E9201DE2495DBA40F4F971B6A97D", "header": "Fraud And Abuse Provisions", "nested": [], "links": [] }, { "text": "(i) Maintenance of effort \n(1) Payment \n(A) In general \nIn the case of a State that, as of January 1, 2027, is expending amounts for all individuals described in section 1902(a)(10)(A)(i)(VIII) under the State plan (or waiver of such plan) and that stops expending amounts for all such individuals under the State plan (or waiver of such plan), such State shall for each quarter beginning after January 1, 2027, during which such State does not expend amounts for all such individuals provide for payment under this subsection to the Secretary of the product of— (i) 10 percent of, subject to subparagraph (B), the average monthly per capita costs expended under the State plan (or waiver of such plan) for such individuals during the most recent previous quarter with respect to which the State expended amounts for all such individuals; and (ii) the sum, for each month during such quarter, of the number of individuals enrolled under such program in such State. (B) Annual increase \nFor purposes of subparagraph (A), in the case of a State with respect to which such subparagraph applies with respect to a period of consecutive quarters occurring during more than one calendar year, for such consecutive quarters occurring during the second of such calendar years or a subsequent calendar year, the average monthly per capita costs for each such quarter for such State determined under subparagraph (A)(i), or this subparagraph, shall be annually increased by the Secretary by the percentage increase in Medicaid spending under this title during the preceding year (as determined based on the most recent National Health Expenditure data with respect to such year). (2) Form and manner of payment \nPayment under paragraph (1) shall be made in a form and manner specified by the Secretary. (3) Compliance \nIf a State fails to pay to the Secretary an amount required under paragraph (1), interest shall accrue on such amount at the rate provided under section 1903(d)(5). The amount so owed and applicable interest shall be immediately offset against amounts otherwise payable to the State under section 1903(a), in accordance with the Federal Claims Collection Act of 1996 and applicable regulations. (4) Data match \nThe Secretary shall perform such periodic data matches as may be necessary to identify and compute the number of individuals enrolled under the Federal Medicaid program under section 1948 in a coverage gap State (as referenced in subsection (a) of such section) for purposes of computing the amount under paragraph (1). (5) Notice \nThe Secretary shall notify each State described in paragraph (1) not later than a date specified by the Secretary that is before the beginning of each quarter (beginning with 2027) of the amount computed under paragraph (1) for the State for that year.", "id": "H63DB0AB1D3CB4B1E878587F2798AA832", "header": "Maintenance of effort", "nested": [], "links": [] }, { "text": "(j) Appropriations \nThere is appropriated, out of any funds in the Treasury not otherwise appropriated, for each fiscal year such sums as are necessary to carry out subsections (a) through (i) of this section.", "id": "H365A0593A05A46B1BF296C0B32F3596D", "header": "Appropriations", "nested": [], "links": [] } ], "links": [] } ]
4
1. Short title This Act may be cited as the Affordable Care Coverage Expansion and Support for States Act or the ACCESS Act. 2. Temporary expansion of health insurance premium tax credits for certain low-income populations (a) In general Section 36B of the Internal Revenue Code of 1986 is amended by redesignating subsection (h) as subsection (i) and by inserting after subsection (g) the following new subsection: (h) Certain temporary rules beginning in 2024 With respect to any taxable year beginning after December 31, 2023, and before January 1, 2027— (1) Eligibility for credit not limited based on income Subsection (c)(1)(A) shall be disregarded in determining whether a taxpayer is an applicable taxpayer. (2) Credit allowed to certain low-income employees offered employer-provided coverage Subclause (II) of subsection (c)(2)(C)(i) shall not apply if the taxpayer’s household income does not exceed 138 percent of the poverty line for a family of the size involved. Subclause (II) of subsection (c)(2)(C)(i) shall also not apply to an individual described in the last sentence of such subsection if the taxpayer’s household income does not exceed 138 percent of the poverty line for a family of the size involved. (3) Credit allowed to certain low-income employees offered qualified small employer health reimbursement arrangements A qualified small employer health reimbursement arrangement shall not be treated as constituting affordable coverage for an employee (or any spouse or dependent of such employee) for any months of a taxable year if the employee’s household income for such taxable year does not exceed 138 percent of the poverty line for a family of the size involved. (4) Limitations on recapture (A) In general In the case of a taxpayer whose household income is less than 200 percent of the poverty line for the size of the family involved for the taxable year, the amount of the increase under subsection (f)(2)(A) shall in no event exceed $300 (one-half of such amount in the case of a taxpayer whose tax is determined under section 1(c) for the taxable year). (B) Limitation on increase for certain non-filers In the case of any taxpayer who would not be required to file a return of tax for the taxable year but for any requirement to reconcile advance credit payments under subsection (f), if an Exchange established under title I of the Patient Protection and Affordable Care Act has determined that— (i) such taxpayer is eligible for advance payments under section 1412 of such Act for any portion of such taxable year, and (ii) such taxpayer’s household income for such taxable year is projected to not exceed 138 percent of the poverty line for a family of the size involved, subsection (f)(2)(A) shall not apply to such taxpayer for such taxable year and such taxpayer shall not be required to file such return of tax. (C) Information provided by Exchange The information required to be provided by an Exchange to the Secretary and to the taxpayer under subsection (f)(3) shall include such information as is necessary to determine whether such Exchange has made the determinations described in clauses (i) and (ii) of subparagraph (B) with respect to such taxpayer.. (b) Employer shared responsibility provision not applicable with respect to certain low-Income taxpayers receiving premium assistance Section 4980H(c)(3) is amended to read as follows: (3) Applicable premium tax credit and cost-sharing reduction (A) In general The term applicable premium tax credit and cost-sharing reduction means— (i) any premium tax credit allowed under section 36B, (ii) any cost-sharing reduction under section 1402 of the Patient Protection and Affordable Care Act, and (iii) any advance payment of such credit or reduction under section 1412 of such Act. (B) Exception with respect to certain low-income taxpayers Such term shall not include any premium tax credit, cost-sharing reduction, or advance payment otherwise described in subparagraph (A) if such credit, reduction, or payment is allowed or paid for a taxable year of an employee (beginning after December 31, 2023, and before January 1, 2027) with respect to which— (i) an Exchange established under title I of the Patient Protection and Affordable Care Act has determined that such employee’s household income for such taxable year is projected to not exceed 138 percent of the poverty line for a family of the size involved, or (ii) such employee’s household income for such taxable year does not exceed 138 percent of the poverty line for a family of the size involved.. (c) Effective date The amendments made by this section shall apply to taxable years beginning after December 31, 2023. 3. Closing the Medicaid coverage gap (a) Federal Medicaid program To close coverage gap in nonexpansion States Title XIX of the Social Security Act ( 42 U.S.C. 1396 et seq. ) is amended by adding at the end the following new section: 1948. Federal Medicaid program to close coverage gap in nonexpansion States (a) Establishment In the case of a State that the Secretary determines (based on the State plan under this title, waiver of such plan, or other relevant information) is not expected to expend amounts under the State plan (or waiver of such plan) for all individuals described in section 1902(a)(10)(A)(i)(VIII) during a year (beginning with 2027) (in this section defined as a coverage gap State , with respect to such year), the Secretary shall (including through contract with eligible entities (as specified by the Secretary), consistent with subsection (b)) provide for the offering to such individuals residing in such State of a health benefits plan (in this section referred to as the Federal Medicaid program or the Program ), for each quarter during the period beginning on January 1 of such year, and ending with the last day of the first quarter during which the State provides medical assistance to all such individuals under the State plan (or waiver of such plan). Under the Federal Medicaid program, the Secretary— (1) may use the Federally Facilitated Marketplace to facilitate eligibility determinations and enrollments under the Federal Medicaid Program and shall establish a set of eligibility rules to be applied under the Program in a manner consistent with section 1902(e)(14); and (2) shall establish benefits, beneficiary protections, and access to care standards by, at a minimum— (A) establishing a minimum set of benefits to be provided (and providing such benefits) under the Federal Medicaid program, which shall be in compliance with the requirements of section 1937 and shall consist of benchmark coverage described in section 1937(b)(1) or benchmark equivalent coverage described in section 1937(b)(2) to the same extent as medical assistance provided to such an individual under this title (without application of this section) is required under section 1902(k)(1) to consist of such benchmark coverage or benchmark equivalent coverage; (B) applying the provisions of sections 1902(a)(8), 1902(a)(34) (which may be applied in accordance with such phased-in implementation as the Secretary deems necessary, but beginning as soon as practicable), and 1943 with respect to such an individual, benefits under the Federal Medicaid program, and making application for such benefits (which may be in accordance with a phased-in implementation as the Secretary deems necessary, but beginning as soon as practicable) in the same manner as such provisions would apply to such an individual, medical assistance under this title (other than pursuant to this section), and making application for such medical assistance under this title (other than pursuant to this section); and providing that redeterminations and appeals of eligibility and coverage determinations of services (including benefit reductions, terminations, and suspension) shall be conducted under the Federal Medicaid program in accordance with a Federal fair hearing process established by the Secretary that is subject to the same requirements as applied with respect to redeterminations and appeals of eligibility, and with respect to coverage of services (including benefit reductions, terminations, and suspension), under a State plan under this title and that may provide for such fair hearings related to denials of eligibility (based on modified adjusted gross income eligibility determinations) to be conducted through the Federally Facilitated Marketplace for Exchanges; (C) applying, in accordance with subsection (d), the provisions of section 1927 (other than subparagraphs (B) and (C) of subsection (b)(1) of such section) with respect to the Secretary and payment under the Federal Medicaid program for covered outpatient drugs with respect to a rebate period in the same manner and to the same extent as such provisions apply with respect to a State and payment under the State plan for covered outpatient drugs with respect to the rebate period; and (D) applying the provisions of sections 1902(a)(14), 1902(a)(23), 1902(a)(47), and 1920 through 1920C (as applicable) to the Federal Medicaid program and such individuals enrolled in such program in the same manner and to the same extent as such provisions apply to a State plan and such individuals eligible for medical assistance under the State plan, and applying the provisions of section 1902(a)(30)(A) with respect to medical assistance available under the Federal Medicaid program in the same manner and to the same extent as such provisions apply to medical assistance under a State plan under this title, except that— (i) the Secretary shall provide that no cost sharing shall be applied under the Federal Medicaid program; (ii) the Secretary may waive the provisions of subparagraph (A) of section 1902(a)(23) to the extent deemed appropriate to facilitate the implementation of managed care; and (iii) in applying the provisions of section 1902(a)(47) and sections 1920 through 1920C, the Secretary— (I) shall establish a single presumptive eligibility process for individuals eligible under the Federal Medicaid program, under which the Secretary may contract with entities to carry out such process; and (II) may apply such provisions and process in accordance with such phased-in implementation as the Secretary deems necessary, but beginning as soon as practicable. (b) Administration of Federal Medicaid program through contracts with Medicaid managed care organization and third party plan administrator requirements (1) In general For the purpose of administering the benefits under the Program (across all coverage gap geographic areas (as defined in paragraph (8))) to provide medical assistance to individuals described in section 1902(a)(10)(A)(i)(VIII) enrolled under the Federal Medicaid program and residing in such areas, the Secretary shall solicit bids described in paragraph (2) and enter into contracts with a total of at least 2 eligible entities (as specified by the Secretary, which may be a medicaid managed care organization (in this section defined as including a managed care organization described in section 1932(a)(1)(B)(i), a prepaid inpatient health plan, and a prepaid ambulatory health plans (as defined in section 438.2 of title 42, Code of Federal Regulations)), a third party plan administrator, or both). An eligible entity entering into a contract with the Secretary under this paragraph may administer such benefits as a Medicaid managed care organization (as so defined), in which case such contract shall be in accordance with paragraph (3) with respect to such geographic area, or as a third-party administrator, in which case such contract shall be in accordance with paragraph (4) with respect to such geographic area. The Secretary may so contract with a Medicaid managed care organization or third party plan administrator in each coverage gap geographic area (and may specify which type of eligible entity may bid with respect to a coverage gap geographic area or areas) and may contract with more than one such eligible entity in the same coverage gap geographic area. (2) Bids (A) In general To be eligible to enter into a contract under this subsection, for a year, an entity shall submit (at such time, in such manner, and containing such information as specified by the Secretary) one or more bids to administer the Program in one or more coverage gap geographic areas, which reflects the projected monthly cost to the entity of furnishing benefits under the Program to an individual enrolled under the Program in such a geographic area (or areas) for such year. (B) Selection In selecting from bids submitted under subparagraph (A) for purposes of entering into contracts with eligible entities under this subsection, with respect to a coverage gap geographic area, the Secretary shall take into account at least each of the following, with respect to each such bid: (i) Network adequacy (as proposed in the submitted bid). (ii) The amount, duration, and scope of benefits (such as value-added services offered in the submitted bid), as compared to the minimum set of benefits established by the Secretary under subsection (a)(2)(A). (iii) The amount of the bid, taking into account the average per member cost of providing medical assistance under State plans under this title (or waivers of such plans) to individuals enrolled in such plans (or waivers) who are at least 18 years of age and residing in the coverage gap geographic area, as well as the average cost of providing medical assistance under State plans under this title (and waivers of such plans) to individuals described in section 1902(a)(10)(A)(i)(VIII). (3) Contract with Medicaid managed care organization In the case of a contract under paragraph (1) between the Secretary and an eligible entity administering benefits under the Program as a Medicaid managed care organization, with respect to one or more coverage gap geographic areas, the following shall apply: (A) The provisions of clauses (i) through (xi) of section 1903(m)(2)(A), clause (xii) of such section (to the extent such clause relates to subsections (b) and (f) of section 1932), and clause (xiii) of such section 1903(m)(2)(A) shall, to the greatest extent practicable, apply to the contract, to the Secretary, and to the Medicaid managed care organization, with respect to providing medical assistance under the Federal Medicaid program with respect to such area, in the same manner and to the same extent as such provisions apply to a contract under section 1903(m) between a State and an entity that is a Medicaid managed care organization (as defined in section 1903(m)(1)), to the State, and to the entity, with respect to providing medical assistance to individuals eligible for benefits under this title. (B) The provisions of section 1932(h) shall apply to the contract, Secretary, and Medicaid managed care organization. (C) The contract shall provide that the entity pay claims in a timely manner and in accordance with the provisions of section 1902(a)(37). (D) The contract shall provide that the Secretary shall make payments under this section to the entity, with respect to coverage of each individual enrolled under the Program in such a coverage gap geographic area with respect to which the entity administers the Program in an amount specified in the contract, subject to subparagraph (D)(ii) and paragraph (6). (E) The contract shall require— (i) the application of a minimum medical loss ratio (as calculated under subsection (d) of section 438.8 of title 42, Code of Federal Regulations (or any successor regulation)) for payment for medical assistance administered by the managed care organization under the Program, with respect to a year, that is equal to or greater than 85 percent (or such higher percent as specified by the Secretary); and (ii) in the case, with respect to a year, the minimum medical loss ratio (as so calculated) for payment for services under the benefits so administered is less than 85 percent (or such higher percent as specified by the Secretary under clause (i)), remittance by the organization to the Secretary of any payments (or portions of payments) made to the organization under this section in an amount equal to the difference in payments for medical assistance, with respect to the year, resulting from the organization’s failure to meet such ratio for such year. (F) The contract shall require that the eligible entity submit to the Secretary the number of individuals enrolled in the Program with respect to each coverage gap geographic area and month with respect to which the contract applies and such additional information as specified by the Secretary for purposes of payment, program integrity, oversight, quality measurement, or such other purpose specified by the Secretary. (G) The contract shall require that the eligible entity perform any other activity identified by the Secretary. (4) Contract with a third party plan administrator (A) In general In the case of a contract under paragraph (1) between the Secretary and an eligible entity to administer the Program as a third party plan administrator, with respect to one or more coverage gap geographic areas, such contract shall provide that, with respect to medical assistance provided under the Federal Medicaid program to individuals who are enrolled in the Program with respect to such area (or areas)— (i) the third party plan administrator shall, consistent with such requirements as may be established by the Secretary— (I) establish provider networks, payment rates, and utilization management, consistent with the provisions of section 1902(a)(30)(A), as applied by subsection (a)(4); (II) pay claims in a timely manner and in accordance with the provisions of section 1902(a)(37); (III) submit to the Secretary the number of individuals enrolled in the Program with respect to each coverage gap geographic area and month with respect to which the contract applies and such additional information as specified by the Secretary for purposes of payment, program integrity, oversight, quality measurement, or such other purpose specified by the Secretary; and (IV) perform any other activity identified by the Secretary; and (ii) the Secretary shall make payments (for the claims submitted by the third party plan administrator and for an economic and efficient administrative fee) under this section to the third party plan administrator, with respect to coverage of each individual enrolled under the Program in a coverage gap geographic area with respect to which the third party plan administrator administers the Program in an amount determined under the contract, subject to subclause (VI)(bb) and paragraph (7). (B) Third party plan administrator defined For purposes of this section, the term third party plan administrator means an entity that satisfies such requirements as established by the Secretary, which shall include at least that such an entity administers health plan benefits, pays claims under the plan, establishes provider networks, sets payment rates, and are not risk-bearing entities. (5) Administrative authority The Secretary may take such actions as are necessary to administer this subsection, including by setting payment rates, setting network adequacy standards, establishing quality requirements, establishing reporting requirements, and specifying any other program requirements or standards necessary in contracting with specified entities under this subsection, and overseeing such entities, with respect to the administration of the Federal Medicaid program. (6) Preemption In carrying out the duties under a contract entered into under paragraph (1) between the Secretary and a Medicaid managed care organization or a third party plan administrator, with respect to a coverage gap State— (A) the Secretary may establish minimum standards and licensure requirements for such a Medicaid managed care organization or third party plan administrator for purposes of carrying out such duties; and (B) any provisions of law of that State which relate to the licensing of the organization or administrator and which prohibit the organization or administrator from providing coverage pursuant to a contract under this section shall be superseded. (7) Penalties In the case of an eligible entity with a contract under this section that fails to comply with the requirements of such entity pursuant to this section or such contract, the Secretary may withhold payment (or any portion of such payment) to such entity under this section in accordance with a process specified by the Secretary, impose a corrective action plan on such entity, or impose a civil monetary penalty on such entity in an amount not to exceed $10,000 for each such failure. In implementing this paragraph, the Secretary shall have the authorities provided the Secretary under section 1932(e) and subparts F and I of part 438 of title 42, Code of Federal Regulations. (8) Coverage gap geographic area For purposes of this section, the term coverage gap geographic area means an area of one or more coverage gap States, as specified by the Secretary, or any area within such a State, as specified by the Secretary. (c) Periodic data matching The Secretary shall, including through contract, periodically verify the income of an individual enrolled in the Federal Medicaid program for a year, before the end of such year, to determine if there has been any change in the individual’s eligibility for benefits under the program. For purposes of the previous sentence, the Secretary may verify income of an individual based on the prospective income of the individual for such year or based on current monthly income of the individual, as specified by the Secretary. In the case that, pursuant to such verification, an individual is determined to have had a change in income that results in such individual no longer be included as an individual described in section 1902(a)(10)(A)(i)(VIII), the Secretary shall apply the same processes and protections as States are required under this title to apply with respect to an individual who is determined to have had a change in income that results in such individual no longer being included as eligible for medical assistance under this title (other than pursuant to this section). (d) Drug rebates For purposes of subsection (a)(2)(B), in applying section 1927, the Secretary shall (either directly or through contracts)— (1) require an eligible entity with a contract under subsection (b) to report the data required to be reported under section 1927(b)(2) by a State agency and require such entity to submit to the Secretary rebate data, utilization data, and any other information that would otherwise be required under section 1927 to be submitted to the Secretary by a State; (2) shall take such actions as are necessary and develop or adapt such processes and mechanisms as are necessary to report and collect data as is necessary and to bill and track rebates under section 1927, as applied pursuant to subsection (a)(2)(B) for drugs that are provided under the Federal Medicaid program; (3) provide that the coverage requirements of prescription drugs under the Federal Medicaid program comply with the coverage requirements section 1927; and (4) require that in order for payment to be available under the Federal Medicaid program or under section 1903(a) for covered outpatient drugs of a manufacturer, the manufacturer must have entered into and have in effect a rebate agreement to provide rebates under section 1927 to the Federal Medicaid program in the same form and manner as the manufacturer is required to provide rebates under an agreement described in section 1927(b) to a State Medicaid program under this title. (e) Transitions (1) From Exchange plans onto Federal Medicaid program The Secretary shall provide for a process under which, in the case of individuals described in section 1902(a)(10)(A)(i)(VIII) who are enrolled in qualified health plans through an Exchange in a coverage gap State, the Secretary takes such steps as are necessary to transition such individuals to coverage under the Federal Medicaid program. Such process shall apply procedures described in section 1943(b)(1)(C) to screen for eligibility and enrollment under the Federal Medicaid program in the same manner as such procedures screen for eligibility and enrollment under qualified health plans through an Exchange established under title I of the Patient Protection and Affordable Care Act. (2) In case coverage gap State begins providing coverage under State plan The Secretary shall provide for a process for, in the case of a coverage gap State in which the State begins to provide medical assistance to individuals described in section 1902(a)(10)(A)(i)(VIII) under the State plan (or waiver of such plan) and the Federal Medicaid program ceases to be offered, transitioning individuals from such program to the State plan (or waiver), as eligible, including a process for transitioning all eligibility redeterminations. (f) Coordination with and enrollment through Exchanges The Secretary shall take such actions as are necessary to provide, in the case of a coverage gap State in which the Federal Medicaid program is offered, for the availability of information on, determinations of eligibility for, and enrollment in such program through and coordinated with the Exchange established with respect to such State under title I of the Patient Protection and Affordable Care Act. (g) Third party liability The provisions of section 1902(a)(25) shall apply with respect to the Federal Medicaid program, the Secretary, and the eligible entities with a contract under subsection (b) in the same manner as such provisions apply with respect to State plans under this title (or waiver of such plans) and the State or local agency administering such plan (or waiver). The Secretary may specify a timeline (which may include a phase-in) for implementing this subsection. (h) Fraud And Abuse Provisions Provisions of law (other than criminal law provisions) identified by the Secretary by regulation, in consultation (as appropriate) with the Inspector General of the Department of Health and Human Services, that impose sanctions with respect to waste, fraud, and abuse under this title or title XI, such as the False Claims Act, as well as provisions of law (other than criminal law provisions) identified by the Secretary that provide oversight authority, shall also apply to the Federal Medicaid program. (i) Maintenance of effort (1) Payment (A) In general In the case of a State that, as of January 1, 2027, is expending amounts for all individuals described in section 1902(a)(10)(A)(i)(VIII) under the State plan (or waiver of such plan) and that stops expending amounts for all such individuals under the State plan (or waiver of such plan), such State shall for each quarter beginning after January 1, 2027, during which such State does not expend amounts for all such individuals provide for payment under this subsection to the Secretary of the product of— (i) 10 percent of, subject to subparagraph (B), the average monthly per capita costs expended under the State plan (or waiver of such plan) for such individuals during the most recent previous quarter with respect to which the State expended amounts for all such individuals; and (ii) the sum, for each month during such quarter, of the number of individuals enrolled under such program in such State. (B) Annual increase For purposes of subparagraph (A), in the case of a State with respect to which such subparagraph applies with respect to a period of consecutive quarters occurring during more than one calendar year, for such consecutive quarters occurring during the second of such calendar years or a subsequent calendar year, the average monthly per capita costs for each such quarter for such State determined under subparagraph (A)(i), or this subparagraph, shall be annually increased by the Secretary by the percentage increase in Medicaid spending under this title during the preceding year (as determined based on the most recent National Health Expenditure data with respect to such year). (2) Form and manner of payment Payment under paragraph (1) shall be made in a form and manner specified by the Secretary. (3) Compliance If a State fails to pay to the Secretary an amount required under paragraph (1), interest shall accrue on such amount at the rate provided under section 1903(d)(5). The amount so owed and applicable interest shall be immediately offset against amounts otherwise payable to the State under section 1903(a), in accordance with the Federal Claims Collection Act of 1996 and applicable regulations. (4) Data match The Secretary shall perform such periodic data matches as may be necessary to identify and compute the number of individuals enrolled under the Federal Medicaid program under section 1948 in a coverage gap State (as referenced in subsection (a) of such section) for purposes of computing the amount under paragraph (1). (5) Notice The Secretary shall notify each State described in paragraph (1) not later than a date specified by the Secretary that is before the beginning of each quarter (beginning with 2027) of the amount computed under paragraph (1) for the State for that year. (j) Appropriations There is appropriated, out of any funds in the Treasury not otherwise appropriated, for each fiscal year such sums as are necessary to carry out subsections (a) through (i) of this section.. (b) Drug rebate conforming amendment Section 1927(a)(1) of the Social Security Act ( 42 U.S.C. 1396r–8(a)(1) ) is amended in the first sentence— (1) by striking or under part B of title XVIII and inserting , under the Federal Medicaid program under section 1948, or under part B of title XVIII ; and (2) by inserting including as such subsection is applied pursuant to subsections (a)(2)(C) and (d) of section 1948 with respect to the Federal Medicaid program, before and must meet. 1948. Federal Medicaid program to close coverage gap in nonexpansion States (a) Establishment In the case of a State that the Secretary determines (based on the State plan under this title, waiver of such plan, or other relevant information) is not expected to expend amounts under the State plan (or waiver of such plan) for all individuals described in section 1902(a)(10)(A)(i)(VIII) during a year (beginning with 2027) (in this section defined as a coverage gap State , with respect to such year), the Secretary shall (including through contract with eligible entities (as specified by the Secretary), consistent with subsection (b)) provide for the offering to such individuals residing in such State of a health benefits plan (in this section referred to as the Federal Medicaid program or the Program ), for each quarter during the period beginning on January 1 of such year, and ending with the last day of the first quarter during which the State provides medical assistance to all such individuals under the State plan (or waiver of such plan). Under the Federal Medicaid program, the Secretary— (1) may use the Federally Facilitated Marketplace to facilitate eligibility determinations and enrollments under the Federal Medicaid Program and shall establish a set of eligibility rules to be applied under the Program in a manner consistent with section 1902(e)(14); and (2) shall establish benefits, beneficiary protections, and access to care standards by, at a minimum— (A) establishing a minimum set of benefits to be provided (and providing such benefits) under the Federal Medicaid program, which shall be in compliance with the requirements of section 1937 and shall consist of benchmark coverage described in section 1937(b)(1) or benchmark equivalent coverage described in section 1937(b)(2) to the same extent as medical assistance provided to such an individual under this title (without application of this section) is required under section 1902(k)(1) to consist of such benchmark coverage or benchmark equivalent coverage; (B) applying the provisions of sections 1902(a)(8), 1902(a)(34) (which may be applied in accordance with such phased-in implementation as the Secretary deems necessary, but beginning as soon as practicable), and 1943 with respect to such an individual, benefits under the Federal Medicaid program, and making application for such benefits (which may be in accordance with a phased-in implementation as the Secretary deems necessary, but beginning as soon as practicable) in the same manner as such provisions would apply to such an individual, medical assistance under this title (other than pursuant to this section), and making application for such medical assistance under this title (other than pursuant to this section); and providing that redeterminations and appeals of eligibility and coverage determinations of services (including benefit reductions, terminations, and suspension) shall be conducted under the Federal Medicaid program in accordance with a Federal fair hearing process established by the Secretary that is subject to the same requirements as applied with respect to redeterminations and appeals of eligibility, and with respect to coverage of services (including benefit reductions, terminations, and suspension), under a State plan under this title and that may provide for such fair hearings related to denials of eligibility (based on modified adjusted gross income eligibility determinations) to be conducted through the Federally Facilitated Marketplace for Exchanges; (C) applying, in accordance with subsection (d), the provisions of section 1927 (other than subparagraphs (B) and (C) of subsection (b)(1) of such section) with respect to the Secretary and payment under the Federal Medicaid program for covered outpatient drugs with respect to a rebate period in the same manner and to the same extent as such provisions apply with respect to a State and payment under the State plan for covered outpatient drugs with respect to the rebate period; and (D) applying the provisions of sections 1902(a)(14), 1902(a)(23), 1902(a)(47), and 1920 through 1920C (as applicable) to the Federal Medicaid program and such individuals enrolled in such program in the same manner and to the same extent as such provisions apply to a State plan and such individuals eligible for medical assistance under the State plan, and applying the provisions of section 1902(a)(30)(A) with respect to medical assistance available under the Federal Medicaid program in the same manner and to the same extent as such provisions apply to medical assistance under a State plan under this title, except that— (i) the Secretary shall provide that no cost sharing shall be applied under the Federal Medicaid program; (ii) the Secretary may waive the provisions of subparagraph (A) of section 1902(a)(23) to the extent deemed appropriate to facilitate the implementation of managed care; and (iii) in applying the provisions of section 1902(a)(47) and sections 1920 through 1920C, the Secretary— (I) shall establish a single presumptive eligibility process for individuals eligible under the Federal Medicaid program, under which the Secretary may contract with entities to carry out such process; and (II) may apply such provisions and process in accordance with such phased-in implementation as the Secretary deems necessary, but beginning as soon as practicable. (b) Administration of Federal Medicaid program through contracts with Medicaid managed care organization and third party plan administrator requirements (1) In general For the purpose of administering the benefits under the Program (across all coverage gap geographic areas (as defined in paragraph (8))) to provide medical assistance to individuals described in section 1902(a)(10)(A)(i)(VIII) enrolled under the Federal Medicaid program and residing in such areas, the Secretary shall solicit bids described in paragraph (2) and enter into contracts with a total of at least 2 eligible entities (as specified by the Secretary, which may be a medicaid managed care organization (in this section defined as including a managed care organization described in section 1932(a)(1)(B)(i), a prepaid inpatient health plan, and a prepaid ambulatory health plans (as defined in section 438.2 of title 42, Code of Federal Regulations)), a third party plan administrator, or both). An eligible entity entering into a contract with the Secretary under this paragraph may administer such benefits as a Medicaid managed care organization (as so defined), in which case such contract shall be in accordance with paragraph (3) with respect to such geographic area, or as a third-party administrator, in which case such contract shall be in accordance with paragraph (4) with respect to such geographic area. The Secretary may so contract with a Medicaid managed care organization or third party plan administrator in each coverage gap geographic area (and may specify which type of eligible entity may bid with respect to a coverage gap geographic area or areas) and may contract with more than one such eligible entity in the same coverage gap geographic area. (2) Bids (A) In general To be eligible to enter into a contract under this subsection, for a year, an entity shall submit (at such time, in such manner, and containing such information as specified by the Secretary) one or more bids to administer the Program in one or more coverage gap geographic areas, which reflects the projected monthly cost to the entity of furnishing benefits under the Program to an individual enrolled under the Program in such a geographic area (or areas) for such year. (B) Selection In selecting from bids submitted under subparagraph (A) for purposes of entering into contracts with eligible entities under this subsection, with respect to a coverage gap geographic area, the Secretary shall take into account at least each of the following, with respect to each such bid: (i) Network adequacy (as proposed in the submitted bid). (ii) The amount, duration, and scope of benefits (such as value-added services offered in the submitted bid), as compared to the minimum set of benefits established by the Secretary under subsection (a)(2)(A). (iii) The amount of the bid, taking into account the average per member cost of providing medical assistance under State plans under this title (or waivers of such plans) to individuals enrolled in such plans (or waivers) who are at least 18 years of age and residing in the coverage gap geographic area, as well as the average cost of providing medical assistance under State plans under this title (and waivers of such plans) to individuals described in section 1902(a)(10)(A)(i)(VIII). (3) Contract with Medicaid managed care organization In the case of a contract under paragraph (1) between the Secretary and an eligible entity administering benefits under the Program as a Medicaid managed care organization, with respect to one or more coverage gap geographic areas, the following shall apply: (A) The provisions of clauses (i) through (xi) of section 1903(m)(2)(A), clause (xii) of such section (to the extent such clause relates to subsections (b) and (f) of section 1932), and clause (xiii) of such section 1903(m)(2)(A) shall, to the greatest extent practicable, apply to the contract, to the Secretary, and to the Medicaid managed care organization, with respect to providing medical assistance under the Federal Medicaid program with respect to such area, in the same manner and to the same extent as such provisions apply to a contract under section 1903(m) between a State and an entity that is a Medicaid managed care organization (as defined in section 1903(m)(1)), to the State, and to the entity, with respect to providing medical assistance to individuals eligible for benefits under this title. (B) The provisions of section 1932(h) shall apply to the contract, Secretary, and Medicaid managed care organization. (C) The contract shall provide that the entity pay claims in a timely manner and in accordance with the provisions of section 1902(a)(37). (D) The contract shall provide that the Secretary shall make payments under this section to the entity, with respect to coverage of each individual enrolled under the Program in such a coverage gap geographic area with respect to which the entity administers the Program in an amount specified in the contract, subject to subparagraph (D)(ii) and paragraph (6). (E) The contract shall require— (i) the application of a minimum medical loss ratio (as calculated under subsection (d) of section 438.8 of title 42, Code of Federal Regulations (or any successor regulation)) for payment for medical assistance administered by the managed care organization under the Program, with respect to a year, that is equal to or greater than 85 percent (or such higher percent as specified by the Secretary); and (ii) in the case, with respect to a year, the minimum medical loss ratio (as so calculated) for payment for services under the benefits so administered is less than 85 percent (or such higher percent as specified by the Secretary under clause (i)), remittance by the organization to the Secretary of any payments (or portions of payments) made to the organization under this section in an amount equal to the difference in payments for medical assistance, with respect to the year, resulting from the organization’s failure to meet such ratio for such year. (F) The contract shall require that the eligible entity submit to the Secretary the number of individuals enrolled in the Program with respect to each coverage gap geographic area and month with respect to which the contract applies and such additional information as specified by the Secretary for purposes of payment, program integrity, oversight, quality measurement, or such other purpose specified by the Secretary. (G) The contract shall require that the eligible entity perform any other activity identified by the Secretary. (4) Contract with a third party plan administrator (A) In general In the case of a contract under paragraph (1) between the Secretary and an eligible entity to administer the Program as a third party plan administrator, with respect to one or more coverage gap geographic areas, such contract shall provide that, with respect to medical assistance provided under the Federal Medicaid program to individuals who are enrolled in the Program with respect to such area (or areas)— (i) the third party plan administrator shall, consistent with such requirements as may be established by the Secretary— (I) establish provider networks, payment rates, and utilization management, consistent with the provisions of section 1902(a)(30)(A), as applied by subsection (a)(4); (II) pay claims in a timely manner and in accordance with the provisions of section 1902(a)(37); (III) submit to the Secretary the number of individuals enrolled in the Program with respect to each coverage gap geographic area and month with respect to which the contract applies and such additional information as specified by the Secretary for purposes of payment, program integrity, oversight, quality measurement, or such other purpose specified by the Secretary; and (IV) perform any other activity identified by the Secretary; and (ii) the Secretary shall make payments (for the claims submitted by the third party plan administrator and for an economic and efficient administrative fee) under this section to the third party plan administrator, with respect to coverage of each individual enrolled under the Program in a coverage gap geographic area with respect to which the third party plan administrator administers the Program in an amount determined under the contract, subject to subclause (VI)(bb) and paragraph (7). (B) Third party plan administrator defined For purposes of this section, the term third party plan administrator means an entity that satisfies such requirements as established by the Secretary, which shall include at least that such an entity administers health plan benefits, pays claims under the plan, establishes provider networks, sets payment rates, and are not risk-bearing entities. (5) Administrative authority The Secretary may take such actions as are necessary to administer this subsection, including by setting payment rates, setting network adequacy standards, establishing quality requirements, establishing reporting requirements, and specifying any other program requirements or standards necessary in contracting with specified entities under this subsection, and overseeing such entities, with respect to the administration of the Federal Medicaid program. (6) Preemption In carrying out the duties under a contract entered into under paragraph (1) between the Secretary and a Medicaid managed care organization or a third party plan administrator, with respect to a coverage gap State— (A) the Secretary may establish minimum standards and licensure requirements for such a Medicaid managed care organization or third party plan administrator for purposes of carrying out such duties; and (B) any provisions of law of that State which relate to the licensing of the organization or administrator and which prohibit the organization or administrator from providing coverage pursuant to a contract under this section shall be superseded. (7) Penalties In the case of an eligible entity with a contract under this section that fails to comply with the requirements of such entity pursuant to this section or such contract, the Secretary may withhold payment (or any portion of such payment) to such entity under this section in accordance with a process specified by the Secretary, impose a corrective action plan on such entity, or impose a civil monetary penalty on such entity in an amount not to exceed $10,000 for each such failure. In implementing this paragraph, the Secretary shall have the authorities provided the Secretary under section 1932(e) and subparts F and I of part 438 of title 42, Code of Federal Regulations. (8) Coverage gap geographic area For purposes of this section, the term coverage gap geographic area means an area of one or more coverage gap States, as specified by the Secretary, or any area within such a State, as specified by the Secretary. (c) Periodic data matching The Secretary shall, including through contract, periodically verify the income of an individual enrolled in the Federal Medicaid program for a year, before the end of such year, to determine if there has been any change in the individual’s eligibility for benefits under the program. For purposes of the previous sentence, the Secretary may verify income of an individual based on the prospective income of the individual for such year or based on current monthly income of the individual, as specified by the Secretary. In the case that, pursuant to such verification, an individual is determined to have had a change in income that results in such individual no longer be included as an individual described in section 1902(a)(10)(A)(i)(VIII), the Secretary shall apply the same processes and protections as States are required under this title to apply with respect to an individual who is determined to have had a change in income that results in such individual no longer being included as eligible for medical assistance under this title (other than pursuant to this section). (d) Drug rebates For purposes of subsection (a)(2)(B), in applying section 1927, the Secretary shall (either directly or through contracts)— (1) require an eligible entity with a contract under subsection (b) to report the data required to be reported under section 1927(b)(2) by a State agency and require such entity to submit to the Secretary rebate data, utilization data, and any other information that would otherwise be required under section 1927 to be submitted to the Secretary by a State; (2) shall take such actions as are necessary and develop or adapt such processes and mechanisms as are necessary to report and collect data as is necessary and to bill and track rebates under section 1927, as applied pursuant to subsection (a)(2)(B) for drugs that are provided under the Federal Medicaid program; (3) provide that the coverage requirements of prescription drugs under the Federal Medicaid program comply with the coverage requirements section 1927; and (4) require that in order for payment to be available under the Federal Medicaid program or under section 1903(a) for covered outpatient drugs of a manufacturer, the manufacturer must have entered into and have in effect a rebate agreement to provide rebates under section 1927 to the Federal Medicaid program in the same form and manner as the manufacturer is required to provide rebates under an agreement described in section 1927(b) to a State Medicaid program under this title. (e) Transitions (1) From Exchange plans onto Federal Medicaid program The Secretary shall provide for a process under which, in the case of individuals described in section 1902(a)(10)(A)(i)(VIII) who are enrolled in qualified health plans through an Exchange in a coverage gap State, the Secretary takes such steps as are necessary to transition such individuals to coverage under the Federal Medicaid program. Such process shall apply procedures described in section 1943(b)(1)(C) to screen for eligibility and enrollment under the Federal Medicaid program in the same manner as such procedures screen for eligibility and enrollment under qualified health plans through an Exchange established under title I of the Patient Protection and Affordable Care Act. (2) In case coverage gap State begins providing coverage under State plan The Secretary shall provide for a process for, in the case of a coverage gap State in which the State begins to provide medical assistance to individuals described in section 1902(a)(10)(A)(i)(VIII) under the State plan (or waiver of such plan) and the Federal Medicaid program ceases to be offered, transitioning individuals from such program to the State plan (or waiver), as eligible, including a process for transitioning all eligibility redeterminations. (f) Coordination with and enrollment through Exchanges The Secretary shall take such actions as are necessary to provide, in the case of a coverage gap State in which the Federal Medicaid program is offered, for the availability of information on, determinations of eligibility for, and enrollment in such program through and coordinated with the Exchange established with respect to such State under title I of the Patient Protection and Affordable Care Act. (g) Third party liability The provisions of section 1902(a)(25) shall apply with respect to the Federal Medicaid program, the Secretary, and the eligible entities with a contract under subsection (b) in the same manner as such provisions apply with respect to State plans under this title (or waiver of such plans) and the State or local agency administering such plan (or waiver). The Secretary may specify a timeline (which may include a phase-in) for implementing this subsection. (h) Fraud And Abuse Provisions Provisions of law (other than criminal law provisions) identified by the Secretary by regulation, in consultation (as appropriate) with the Inspector General of the Department of Health and Human Services, that impose sanctions with respect to waste, fraud, and abuse under this title or title XI, such as the False Claims Act, as well as provisions of law (other than criminal law provisions) identified by the Secretary that provide oversight authority, shall also apply to the Federal Medicaid program. (i) Maintenance of effort (1) Payment (A) In general In the case of a State that, as of January 1, 2027, is expending amounts for all individuals described in section 1902(a)(10)(A)(i)(VIII) under the State plan (or waiver of such plan) and that stops expending amounts for all such individuals under the State plan (or waiver of such plan), such State shall for each quarter beginning after January 1, 2027, during which such State does not expend amounts for all such individuals provide for payment under this subsection to the Secretary of the product of— (i) 10 percent of, subject to subparagraph (B), the average monthly per capita costs expended under the State plan (or waiver of such plan) for such individuals during the most recent previous quarter with respect to which the State expended amounts for all such individuals; and (ii) the sum, for each month during such quarter, of the number of individuals enrolled under such program in such State. (B) Annual increase For purposes of subparagraph (A), in the case of a State with respect to which such subparagraph applies with respect to a period of consecutive quarters occurring during more than one calendar year, for such consecutive quarters occurring during the second of such calendar years or a subsequent calendar year, the average monthly per capita costs for each such quarter for such State determined under subparagraph (A)(i), or this subparagraph, shall be annually increased by the Secretary by the percentage increase in Medicaid spending under this title during the preceding year (as determined based on the most recent National Health Expenditure data with respect to such year). (2) Form and manner of payment Payment under paragraph (1) shall be made in a form and manner specified by the Secretary. (3) Compliance If a State fails to pay to the Secretary an amount required under paragraph (1), interest shall accrue on such amount at the rate provided under section 1903(d)(5). The amount so owed and applicable interest shall be immediately offset against amounts otherwise payable to the State under section 1903(a), in accordance with the Federal Claims Collection Act of 1996 and applicable regulations. (4) Data match The Secretary shall perform such periodic data matches as may be necessary to identify and compute the number of individuals enrolled under the Federal Medicaid program under section 1948 in a coverage gap State (as referenced in subsection (a) of such section) for purposes of computing the amount under paragraph (1). (5) Notice The Secretary shall notify each State described in paragraph (1) not later than a date specified by the Secretary that is before the beginning of each quarter (beginning with 2027) of the amount computed under paragraph (1) for the State for that year. (j) Appropriations There is appropriated, out of any funds in the Treasury not otherwise appropriated, for each fiscal year such sums as are necessary to carry out subsections (a) through (i) of this section.
54,743
[ "Energy and Commerce Committee", "Ways and Means Committee" ]
118hr7090ih
118
hr
7,090
ih
To amend the Internal Revenue Code of 1986 to exclude from gross income certain compensation to clinical trial participants.
[ { "text": "1. Exclusion of compensation provided to participants in clinical trials \n(a) In general \nPart III of subchapter B of chapter 1 of the Internal Revenue Code of 1986 is amended by inserting after section 139I the following new section: 139J. Clinical trial payments \n(a) In general \nGross income shall not include any amount received by an individual as payment or reimbursement for participation in an approved clinical trial (including amounts paid or reimbursed for meals, lodging, or other travel expenses incurred in connection with such participation). (b) Approved clinical trial \nThe term approved clinical trial has the meaning given such term in section 2709(d)(1) of the Public Health Service Act ( 42 U.S.C. 300gg–8(d)(1) ).. (b) Clerical amendment \nThe table of sections for part III of subchapter B of chapter 1 of such Code is amended by inserting after the item relating to section 139I the following new item: Sec. 139J. Clinical trial payments.. (c) Effective date \nThe amendment made by this section shall apply to amounts paid after December 31, 2023.", "id": "H0B77BFA26DFD4BD4837E1D12FD989023", "header": "Exclusion of compensation provided to participants in clinical trials", "nested": [ { "text": "(a) In general \nPart III of subchapter B of chapter 1 of the Internal Revenue Code of 1986 is amended by inserting after section 139I the following new section: 139J. Clinical trial payments \n(a) In general \nGross income shall not include any amount received by an individual as payment or reimbursement for participation in an approved clinical trial (including amounts paid or reimbursed for meals, lodging, or other travel expenses incurred in connection with such participation). (b) Approved clinical trial \nThe term approved clinical trial has the meaning given such term in section 2709(d)(1) of the Public Health Service Act ( 42 U.S.C. 300gg–8(d)(1) )..", "id": "HE08C72268AA84D098EC51FF78ACF6369", "header": "In general", "nested": [], "links": [ { "text": "chapter 1", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/26/1" }, { "text": "42 U.S.C. 300gg–8(d)(1)", "legal-doc": "usc", "parsable-cite": "usc/42/300gg-8" } ] }, { "text": "(b) Clerical amendment \nThe table of sections for part III of subchapter B of chapter 1 of such Code is amended by inserting after the item relating to section 139I the following new item: Sec. 139J. Clinical trial payments..", "id": "H03D22704B5514C0BB91CE333B749BA60", "header": "Clerical amendment", "nested": [], "links": [] }, { "text": "(c) Effective date \nThe amendment made by this section shall apply to amounts paid after December 31, 2023.", "id": "H7C923078A8FF4995BE3E308291DCFC26", "header": "Effective date", "nested": [], "links": [] } ], "links": [ { "text": "chapter 1", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/26/1" }, { "text": "42 U.S.C. 300gg–8(d)(1)", "legal-doc": "usc", "parsable-cite": "usc/42/300gg-8" } ] }, { "text": "139J. Clinical trial payments \n(a) In general \nGross income shall not include any amount received by an individual as payment or reimbursement for participation in an approved clinical trial (including amounts paid or reimbursed for meals, lodging, or other travel expenses incurred in connection with such participation). (b) Approved clinical trial \nThe term approved clinical trial has the meaning given such term in section 2709(d)(1) of the Public Health Service Act ( 42 U.S.C. 300gg–8(d)(1) ).", "id": "HE6284C1BDEAC4F2B96DDEB250C68203C", "header": "Clinical trial payments", "nested": [ { "text": "(a) In general \nGross income shall not include any amount received by an individual as payment or reimbursement for participation in an approved clinical trial (including amounts paid or reimbursed for meals, lodging, or other travel expenses incurred in connection with such participation).", "id": "H2B6E183BE62F42C9A889E6672AAE4A7F", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Approved clinical trial \nThe term approved clinical trial has the meaning given such term in section 2709(d)(1) of the Public Health Service Act ( 42 U.S.C. 300gg–8(d)(1) ).", "id": "H74CA9A8EEF1E48839D9FD086907B7EEB", "header": "Approved clinical trial", "nested": [], "links": [ { "text": "42 U.S.C. 300gg–8(d)(1)", "legal-doc": "usc", "parsable-cite": "usc/42/300gg-8" } ] } ], "links": [ { "text": "42 U.S.C. 300gg–8(d)(1)", "legal-doc": "usc", "parsable-cite": "usc/42/300gg-8" } ] } ]
2
1. Exclusion of compensation provided to participants in clinical trials (a) In general Part III of subchapter B of chapter 1 of the Internal Revenue Code of 1986 is amended by inserting after section 139I the following new section: 139J. Clinical trial payments (a) In general Gross income shall not include any amount received by an individual as payment or reimbursement for participation in an approved clinical trial (including amounts paid or reimbursed for meals, lodging, or other travel expenses incurred in connection with such participation). (b) Approved clinical trial The term approved clinical trial has the meaning given such term in section 2709(d)(1) of the Public Health Service Act ( 42 U.S.C. 300gg–8(d)(1) ).. (b) Clerical amendment The table of sections for part III of subchapter B of chapter 1 of such Code is amended by inserting after the item relating to section 139I the following new item: Sec. 139J. Clinical trial payments.. (c) Effective date The amendment made by this section shall apply to amounts paid after December 31, 2023. 139J. Clinical trial payments (a) In general Gross income shall not include any amount received by an individual as payment or reimbursement for participation in an approved clinical trial (including amounts paid or reimbursed for meals, lodging, or other travel expenses incurred in connection with such participation). (b) Approved clinical trial The term approved clinical trial has the meaning given such term in section 2709(d)(1) of the Public Health Service Act ( 42 U.S.C. 300gg–8(d)(1) ).
1,571
[ "Ways and Means Committee" ]
118hr2815ih
118
hr
2,815
ih
To direct the Secretary of Commerce to submit to Congress a report on the protection of consumer information in the possession of United States companies operating in Hong Kong and requests issued by the Government of Hong Kong to such companies for consumer information, content takedowns, or law enforcement assistance.
[ { "text": "1. Short title \nThis Act may be cited as the Hong Kong Business Integrity and Transparency Act.", "id": "H17CB81A95FF649BDAA9322A39FB25E5E", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Report on requests from Government of Hong Kong to United States companies for consumer information, content takedowns, or law enforcement assistance \n(a) In general \nNot later than 180 days after the date of the enactment of this Act, and every 180 days thereafter, the Secretary of Commerce, in consultation with the heads of other appropriate Federal departments and agencies, shall submit to the appropriate congressional committees and make available to the public a report on— (1) the protection of consumer information in the possession of United States companies operating in Hong Kong; and (2) requests issued by the Government of Hong Kong to United States companies operating in Hong Kong for content takedowns or law enforcement assistance. (b) Matters To be included \nThe report required by subsection (a) shall, with respect to the 180-day period preceding the date of submission of the report, include the following: (1) The number of requests, issued by the Government of Hong Kong to United States companies operating in Hong Kong for consumer information in the possession of such companies, content takedowns, or law enforcement assistance, that were fulfilled and by which companies. (2) An identification of the Hong Kong laws under which such requests were issued. (3) An identification of any United States consumer protection laws that may have been violated in the case of the fulfillment of such requests by such companies. (c) Form of report \nThe report required by subsection (a) shall be submitted in unclassified form, but may include a classified index. (d) Definitions \nIn this section: (1) Appropriate congressional committees \nThe term appropriate congressional committees means— (A) the Committee on Commerce, Science, and Transportation, the Committee on Foreign Relations, the Committee on Banking, Housing, and Urban Affairs, the Committee on Finance, and the Select Committee on Intelligence of the Senate; and (B) the Committee on Energy and Commerce, the Committee on Foreign Affairs, the Committee on Financial Services, the Permanent Select Committee on Intelligence, and the Committee on Ways and Means of the House of Representatives. (2) Content takedown \nThe term content takedown means the removal of, disabling of access to, or restriction of access to any material, including— (A) material on a website or online service; (B) a software application; and (C) any feature of a software application.", "id": "HD5574B632EA048979BAB6D150AE1997B", "header": "Report on requests from Government of Hong Kong to United States companies for consumer information, content takedowns, or law enforcement assistance", "nested": [ { "text": "(a) In general \nNot later than 180 days after the date of the enactment of this Act, and every 180 days thereafter, the Secretary of Commerce, in consultation with the heads of other appropriate Federal departments and agencies, shall submit to the appropriate congressional committees and make available to the public a report on— (1) the protection of consumer information in the possession of United States companies operating in Hong Kong; and (2) requests issued by the Government of Hong Kong to United States companies operating in Hong Kong for content takedowns or law enforcement assistance.", "id": "HD5CD4AC0803E45CDA5798718EFCCAD8C", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Matters To be included \nThe report required by subsection (a) shall, with respect to the 180-day period preceding the date of submission of the report, include the following: (1) The number of requests, issued by the Government of Hong Kong to United States companies operating in Hong Kong for consumer information in the possession of such companies, content takedowns, or law enforcement assistance, that were fulfilled and by which companies. (2) An identification of the Hong Kong laws under which such requests were issued. (3) An identification of any United States consumer protection laws that may have been violated in the case of the fulfillment of such requests by such companies.", "id": "H27283ED920EF49DF88F309A431CDE576", "header": "Matters To be included", "nested": [], "links": [] }, { "text": "(c) Form of report \nThe report required by subsection (a) shall be submitted in unclassified form, but may include a classified index.", "id": "HBEE22EF69FD747C8B9666E175BA67DF9", "header": "Form of report", "nested": [], "links": [] }, { "text": "(d) Definitions \nIn this section: (1) Appropriate congressional committees \nThe term appropriate congressional committees means— (A) the Committee on Commerce, Science, and Transportation, the Committee on Foreign Relations, the Committee on Banking, Housing, and Urban Affairs, the Committee on Finance, and the Select Committee on Intelligence of the Senate; and (B) the Committee on Energy and Commerce, the Committee on Foreign Affairs, the Committee on Financial Services, the Permanent Select Committee on Intelligence, and the Committee on Ways and Means of the House of Representatives. (2) Content takedown \nThe term content takedown means the removal of, disabling of access to, or restriction of access to any material, including— (A) material on a website or online service; (B) a software application; and (C) any feature of a software application.", "id": "HB4328A0C6C6B4D26931E27FCD8B57990", "header": "Definitions", "nested": [], "links": [] } ], "links": [] } ]
2
1. Short title This Act may be cited as the Hong Kong Business Integrity and Transparency Act. 2. Report on requests from Government of Hong Kong to United States companies for consumer information, content takedowns, or law enforcement assistance (a) In general Not later than 180 days after the date of the enactment of this Act, and every 180 days thereafter, the Secretary of Commerce, in consultation with the heads of other appropriate Federal departments and agencies, shall submit to the appropriate congressional committees and make available to the public a report on— (1) the protection of consumer information in the possession of United States companies operating in Hong Kong; and (2) requests issued by the Government of Hong Kong to United States companies operating in Hong Kong for content takedowns or law enforcement assistance. (b) Matters To be included The report required by subsection (a) shall, with respect to the 180-day period preceding the date of submission of the report, include the following: (1) The number of requests, issued by the Government of Hong Kong to United States companies operating in Hong Kong for consumer information in the possession of such companies, content takedowns, or law enforcement assistance, that were fulfilled and by which companies. (2) An identification of the Hong Kong laws under which such requests were issued. (3) An identification of any United States consumer protection laws that may have been violated in the case of the fulfillment of such requests by such companies. (c) Form of report The report required by subsection (a) shall be submitted in unclassified form, but may include a classified index. (d) Definitions In this section: (1) Appropriate congressional committees The term appropriate congressional committees means— (A) the Committee on Commerce, Science, and Transportation, the Committee on Foreign Relations, the Committee on Banking, Housing, and Urban Affairs, the Committee on Finance, and the Select Committee on Intelligence of the Senate; and (B) the Committee on Energy and Commerce, the Committee on Foreign Affairs, the Committee on Financial Services, the Permanent Select Committee on Intelligence, and the Committee on Ways and Means of the House of Representatives. (2) Content takedown The term content takedown means the removal of, disabling of access to, or restriction of access to any material, including— (A) material on a website or online service; (B) a software application; and (C) any feature of a software application.
2,545
[ "Energy and Commerce Committee", "Foreign Affairs Committee" ]
118hr6761ih
118
hr
6,761
ih
To amend the Black Lung Benefits Act to ease the benefits process for survivors of miners whose deaths were due to pneumoconiosis.
[ { "text": "1. Short title \nThis Act may be cited as the Relief for Survivors of Miners Act of 2023.", "id": "H75507D609F9F409BA2C6403596E6CE26", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Amendments to the benefits process for survivors of miners whose deaths were due to pneumoconiosis \n(a) Rebuttable presumptions for a death due to pneumoconiosis \n(1) Rebuttable presumption for a deceased miner employed for not less than 10 years in a coal mine \nSection 411(c)(2) of the Black Lung Benefits Act ( 30 U.S.C. 921(c)(2) ) is amended by striking the second sentence and inserting The presumption under this paragraph may be rebutted only by establishing that no part of the death of such miner was caused by pneumoconiosis.. (2) Rebuttable presumption for a disability due to pneumoconiosis \nSection 411(c) of the Black Lung Benefits Act ( 30 U.S.C. 921(c) ) is amended by adding at the end the following: (6) If a deceased miner was totally disabled due to pneumoconiosis during the life of such miner and does not meet the requirements for an irrebuttable presumption under paragraph (3), there shall be a rebuttable presumption that the miner's death was due to pneumoconiosis. The presumption under this paragraph may be rebutted only by establishing that no part of the death of such miner was caused by pneumoconiosis.. (3) Effective Date \nThe amendments made by paragraphs (1) and (2) shall apply with respect to claims that are— (A) filed under part C of the Black Lung Benefits Act ( 30 U.S.C. 931 et seq. ) on or after the date that is 5 years before the date of enactment of this Act; and (B) pending on or after the date of enactment of this Act. (b) Conforming amendment regarding the term respirable \nSection 411(c)(2) of the Black Lung Benefits Act ( 30 U.S.C. 921(c)(2) ), as amended by section 2(a)(1), is further amended by striking respirable and inserting respiratory. (c) Restoring certain pre-1981 provisions regarding total disability due to pneumoconiosis \n(1) In general \nThe Black Lung Benefits Act is amended— (A) in section 401(a) ( 30 U.S.C. 901(a) )— (i) by striking this disease; and inserting this disease or who were totally disabled by this disease at the time of their deaths; ; and (ii) by inserting or who were totally disabled by this disease at the time of their deaths after such disease ; and (B) in section 411(a) ( 30 U.S.C. 921(a) ), by striking , except and all that follows through of 1981,. (2) Effective Date \nThe amendments made by paragraph (1) shall apply with respect to claims that are— (A) filed under part C of the Black Lung Benefits Act ( 30 U.S.C. 931 et seq. ) on or after the date that is 5 years before the date of enactment of this Act; and (B) pending on or after the date of enactment of this Act. (d) Attorneys’ fees and medical expenses payment program \nPart A of the Black Lung Benefits Act ( 30 U.S.C. 901 et seq. ) is amended by adding at the end the following: 403. Attorneys’ fees and medical expenses payment program \n(a) Program established \n(1) In general \nNot later than 180 days after the date of enactment of the Relief for Survivors of Miners Act of 2023 , the Secretary shall establish a payment program to pay attorneys’ fees and other reasonable and unreimbursed medical expenses incurred in establishing the claimant’s case, using amounts from the fund, to the attorneys of claimants in qualifying claims. (2) Qualifying claim \nA qualifying claim for purposes of this section is a contested claim for benefits under this title for which a final order has not been entered within one year of the filing of the claim. (3) Use of payments from the fund \nNotwithstanding any other provision of law, amounts in the fund shall be available for payments authorized by the Secretary under this section. (b) Payments authorized \n(1) Attorneys’ fees \n(A) Approval \nIf a claimant for benefits under this title obtains a proposed decision and order from a district director with an award of benefits for a qualifying claim, or an award for a qualifying claim before an administrative law judge— (i) the district director may approve attorneys’ fees for work done before such director in an amount not to exceed $1,500; and (ii) the administrative law judge may approve attorneys’ fees for work done before such judge in an amount not to exceed $3,000. (B) Payment \nThe Secretary shall, through the program under this section, pay any amounts approved under subparagraph (A). (2) Medical expenses \n(A) Approval \nIf a claimant for benefits under this title obtains a proposed decision and order from a district director with an award of benefits for a qualifying claim, or an award for a qualifying claim before an administrative law judge, such district director and administrative law judge may each approve an award, in an amount not to exceed $1,500, to the claimant’s attorney of reasonable and unreimbursed medical expenses incurred in establishing the claimant’s case. (B) Payment \nThe Secretary shall, through the program under this section, pay any amounts approved under subparagraph (A). (3) Maximum \nThe Secretary, through the program established under this section, shall for any single qualifying claim pay— (A) not more than a total of $4,500 in attorneys’ fees; and (B) not more than $3,000 in medical expenses. (c) Reimbursement of funds \nIn any case in which a qualifying claim results in a final order awarding compensation, the liable operator shall reimburse the fund for any fees or expenses paid under this section, subject to enforcement by the Secretary under section 424 and in the same manner as compensation orders are enforced under section 21(d) of the Longshore and Harbor Workers’ Compensation Act ( 33 U.S.C. 921(d) ). (d) Additional program rules \nNothing in this section shall limit or otherwise affect an operator's liability for any attorneys’ fees or medical expenses awarded by the district director or an administrative law judge that were not paid by the program under this section. Nothing in this section shall limit or otherwise affect the Secretary's authority to use amounts in the fund to pay approved attorneys’ fees in claims for benefits under this title for which a final order awarding compensation has been entered and the operator is unable to pay. (e) No recoupment of attorneys’ fees \nAny payment for attorneys’ fees or medical expenses made by the Secretary under this section shall not be recouped from the claimant or the claimant’s attorney..", "id": "H012EB78F11D84D3B81C5EC9D0F11BA6C", "header": "Amendments to the benefits process for survivors of miners whose deaths were due to pneumoconiosis", "nested": [ { "text": "(a) Rebuttable presumptions for a death due to pneumoconiosis \n(1) Rebuttable presumption for a deceased miner employed for not less than 10 years in a coal mine \nSection 411(c)(2) of the Black Lung Benefits Act ( 30 U.S.C. 921(c)(2) ) is amended by striking the second sentence and inserting The presumption under this paragraph may be rebutted only by establishing that no part of the death of such miner was caused by pneumoconiosis.. (2) Rebuttable presumption for a disability due to pneumoconiosis \nSection 411(c) of the Black Lung Benefits Act ( 30 U.S.C. 921(c) ) is amended by adding at the end the following: (6) If a deceased miner was totally disabled due to pneumoconiosis during the life of such miner and does not meet the requirements for an irrebuttable presumption under paragraph (3), there shall be a rebuttable presumption that the miner's death was due to pneumoconiosis. The presumption under this paragraph may be rebutted only by establishing that no part of the death of such miner was caused by pneumoconiosis.. (3) Effective Date \nThe amendments made by paragraphs (1) and (2) shall apply with respect to claims that are— (A) filed under part C of the Black Lung Benefits Act ( 30 U.S.C. 931 et seq. ) on or after the date that is 5 years before the date of enactment of this Act; and (B) pending on or after the date of enactment of this Act.", "id": "H12E680B3C5734F99B167A367E45A646A", "header": "Rebuttable presumptions for a death due to pneumoconiosis", "nested": [], "links": [ { "text": "30 U.S.C. 921(c)(2)", "legal-doc": "usc", "parsable-cite": "usc/30/921" }, { "text": "30 U.S.C. 921(c)", "legal-doc": "usc", "parsable-cite": "usc/30/921" }, { "text": "30 U.S.C. 931 et seq.", "legal-doc": "usc", "parsable-cite": "usc/30/931" } ] }, { "text": "(b) Conforming amendment regarding the term respirable \nSection 411(c)(2) of the Black Lung Benefits Act ( 30 U.S.C. 921(c)(2) ), as amended by section 2(a)(1), is further amended by striking respirable and inserting respiratory.", "id": "H12886B25B95542BAA172AA740308B9C1", "header": "Conforming amendment regarding the term respirable", "nested": [], "links": [ { "text": "30 U.S.C. 921(c)(2)", "legal-doc": "usc", "parsable-cite": "usc/30/921" } ] }, { "text": "(c) Restoring certain pre-1981 provisions regarding total disability due to pneumoconiosis \n(1) In general \nThe Black Lung Benefits Act is amended— (A) in section 401(a) ( 30 U.S.C. 901(a) )— (i) by striking this disease; and inserting this disease or who were totally disabled by this disease at the time of their deaths; ; and (ii) by inserting or who were totally disabled by this disease at the time of their deaths after such disease ; and (B) in section 411(a) ( 30 U.S.C. 921(a) ), by striking , except and all that follows through of 1981,. (2) Effective Date \nThe amendments made by paragraph (1) shall apply with respect to claims that are— (A) filed under part C of the Black Lung Benefits Act ( 30 U.S.C. 931 et seq. ) on or after the date that is 5 years before the date of enactment of this Act; and (B) pending on or after the date of enactment of this Act.", "id": "H6679E5AA0D734752A40E7C6F5B70153B", "header": "Restoring certain pre-1981 provisions regarding total disability due to pneumoconiosis", "nested": [], "links": [ { "text": "30 U.S.C. 901(a)", "legal-doc": "usc", "parsable-cite": "usc/30/901" }, { "text": "30 U.S.C. 921(a)", "legal-doc": "usc", "parsable-cite": "usc/30/921" }, { "text": "30 U.S.C. 931 et seq.", "legal-doc": "usc", "parsable-cite": "usc/30/931" } ] }, { "text": "(d) Attorneys’ fees and medical expenses payment program \nPart A of the Black Lung Benefits Act ( 30 U.S.C. 901 et seq. ) is amended by adding at the end the following: 403. Attorneys’ fees and medical expenses payment program \n(a) Program established \n(1) In general \nNot later than 180 days after the date of enactment of the Relief for Survivors of Miners Act of 2023 , the Secretary shall establish a payment program to pay attorneys’ fees and other reasonable and unreimbursed medical expenses incurred in establishing the claimant’s case, using amounts from the fund, to the attorneys of claimants in qualifying claims. (2) Qualifying claim \nA qualifying claim for purposes of this section is a contested claim for benefits under this title for which a final order has not been entered within one year of the filing of the claim. (3) Use of payments from the fund \nNotwithstanding any other provision of law, amounts in the fund shall be available for payments authorized by the Secretary under this section. (b) Payments authorized \n(1) Attorneys’ fees \n(A) Approval \nIf a claimant for benefits under this title obtains a proposed decision and order from a district director with an award of benefits for a qualifying claim, or an award for a qualifying claim before an administrative law judge— (i) the district director may approve attorneys’ fees for work done before such director in an amount not to exceed $1,500; and (ii) the administrative law judge may approve attorneys’ fees for work done before such judge in an amount not to exceed $3,000. (B) Payment \nThe Secretary shall, through the program under this section, pay any amounts approved under subparagraph (A). (2) Medical expenses \n(A) Approval \nIf a claimant for benefits under this title obtains a proposed decision and order from a district director with an award of benefits for a qualifying claim, or an award for a qualifying claim before an administrative law judge, such district director and administrative law judge may each approve an award, in an amount not to exceed $1,500, to the claimant’s attorney of reasonable and unreimbursed medical expenses incurred in establishing the claimant’s case. (B) Payment \nThe Secretary shall, through the program under this section, pay any amounts approved under subparagraph (A). (3) Maximum \nThe Secretary, through the program established under this section, shall for any single qualifying claim pay— (A) not more than a total of $4,500 in attorneys’ fees; and (B) not more than $3,000 in medical expenses. (c) Reimbursement of funds \nIn any case in which a qualifying claim results in a final order awarding compensation, the liable operator shall reimburse the fund for any fees or expenses paid under this section, subject to enforcement by the Secretary under section 424 and in the same manner as compensation orders are enforced under section 21(d) of the Longshore and Harbor Workers’ Compensation Act ( 33 U.S.C. 921(d) ). (d) Additional program rules \nNothing in this section shall limit or otherwise affect an operator's liability for any attorneys’ fees or medical expenses awarded by the district director or an administrative law judge that were not paid by the program under this section. Nothing in this section shall limit or otherwise affect the Secretary's authority to use amounts in the fund to pay approved attorneys’ fees in claims for benefits under this title for which a final order awarding compensation has been entered and the operator is unable to pay. (e) No recoupment of attorneys’ fees \nAny payment for attorneys’ fees or medical expenses made by the Secretary under this section shall not be recouped from the claimant or the claimant’s attorney..", "id": "H0E9597E73CB443E5BC2734EFF4B28280", "header": "Attorneys’ fees and medical expenses payment program", "nested": [], "links": [ { "text": "30 U.S.C. 901 et seq.", "legal-doc": "usc", "parsable-cite": "usc/30/901" }, { "text": "33 U.S.C. 921(d)", "legal-doc": "usc", "parsable-cite": "usc/33/921" } ] } ], "links": [ { "text": "30 U.S.C. 921(c)(2)", "legal-doc": "usc", "parsable-cite": "usc/30/921" }, { "text": "30 U.S.C. 921(c)", "legal-doc": "usc", "parsable-cite": "usc/30/921" }, { "text": "30 U.S.C. 931 et seq.", "legal-doc": "usc", "parsable-cite": "usc/30/931" }, { "text": "30 U.S.C. 921(c)(2)", "legal-doc": "usc", "parsable-cite": "usc/30/921" }, { "text": "30 U.S.C. 901(a)", "legal-doc": "usc", "parsable-cite": "usc/30/901" }, { "text": "30 U.S.C. 921(a)", "legal-doc": "usc", "parsable-cite": "usc/30/921" }, { "text": "30 U.S.C. 931 et seq.", "legal-doc": "usc", "parsable-cite": "usc/30/931" }, { "text": "30 U.S.C. 901 et seq.", "legal-doc": "usc", "parsable-cite": "usc/30/901" }, { "text": "33 U.S.C. 921(d)", "legal-doc": "usc", "parsable-cite": "usc/33/921" } ] }, { "text": "403. Attorneys’ fees and medical expenses payment program \n(a) Program established \n(1) In general \nNot later than 180 days after the date of enactment of the Relief for Survivors of Miners Act of 2023 , the Secretary shall establish a payment program to pay attorneys’ fees and other reasonable and unreimbursed medical expenses incurred in establishing the claimant’s case, using amounts from the fund, to the attorneys of claimants in qualifying claims. (2) Qualifying claim \nA qualifying claim for purposes of this section is a contested claim for benefits under this title for which a final order has not been entered within one year of the filing of the claim. (3) Use of payments from the fund \nNotwithstanding any other provision of law, amounts in the fund shall be available for payments authorized by the Secretary under this section. (b) Payments authorized \n(1) Attorneys’ fees \n(A) Approval \nIf a claimant for benefits under this title obtains a proposed decision and order from a district director with an award of benefits for a qualifying claim, or an award for a qualifying claim before an administrative law judge— (i) the district director may approve attorneys’ fees for work done before such director in an amount not to exceed $1,500; and (ii) the administrative law judge may approve attorneys’ fees for work done before such judge in an amount not to exceed $3,000. (B) Payment \nThe Secretary shall, through the program under this section, pay any amounts approved under subparagraph (A). (2) Medical expenses \n(A) Approval \nIf a claimant for benefits under this title obtains a proposed decision and order from a district director with an award of benefits for a qualifying claim, or an award for a qualifying claim before an administrative law judge, such district director and administrative law judge may each approve an award, in an amount not to exceed $1,500, to the claimant’s attorney of reasonable and unreimbursed medical expenses incurred in establishing the claimant’s case. (B) Payment \nThe Secretary shall, through the program under this section, pay any amounts approved under subparagraph (A). (3) Maximum \nThe Secretary, through the program established under this section, shall for any single qualifying claim pay— (A) not more than a total of $4,500 in attorneys’ fees; and (B) not more than $3,000 in medical expenses. (c) Reimbursement of funds \nIn any case in which a qualifying claim results in a final order awarding compensation, the liable operator shall reimburse the fund for any fees or expenses paid under this section, subject to enforcement by the Secretary under section 424 and in the same manner as compensation orders are enforced under section 21(d) of the Longshore and Harbor Workers’ Compensation Act ( 33 U.S.C. 921(d) ). (d) Additional program rules \nNothing in this section shall limit or otherwise affect an operator's liability for any attorneys’ fees or medical expenses awarded by the district director or an administrative law judge that were not paid by the program under this section. Nothing in this section shall limit or otherwise affect the Secretary's authority to use amounts in the fund to pay approved attorneys’ fees in claims for benefits under this title for which a final order awarding compensation has been entered and the operator is unable to pay. (e) No recoupment of attorneys’ fees \nAny payment for attorneys’ fees or medical expenses made by the Secretary under this section shall not be recouped from the claimant or the claimant’s attorney.", "id": "H2ECB1B1AA43E4CEFA2DE230CA3EEEEA1", "header": "Attorneys’ fees and medical expenses payment program", "nested": [ { "text": "(a) Program established \n(1) In general \nNot later than 180 days after the date of enactment of the Relief for Survivors of Miners Act of 2023 , the Secretary shall establish a payment program to pay attorneys’ fees and other reasonable and unreimbursed medical expenses incurred in establishing the claimant’s case, using amounts from the fund, to the attorneys of claimants in qualifying claims. (2) Qualifying claim \nA qualifying claim for purposes of this section is a contested claim for benefits under this title for which a final order has not been entered within one year of the filing of the claim. (3) Use of payments from the fund \nNotwithstanding any other provision of law, amounts in the fund shall be available for payments authorized by the Secretary under this section.", "id": "H9821F11A1C84423E8FA8E02BFE4398BB", "header": "Program established", "nested": [], "links": [] }, { "text": "(b) Payments authorized \n(1) Attorneys’ fees \n(A) Approval \nIf a claimant for benefits under this title obtains a proposed decision and order from a district director with an award of benefits for a qualifying claim, or an award for a qualifying claim before an administrative law judge— (i) the district director may approve attorneys’ fees for work done before such director in an amount not to exceed $1,500; and (ii) the administrative law judge may approve attorneys’ fees for work done before such judge in an amount not to exceed $3,000. (B) Payment \nThe Secretary shall, through the program under this section, pay any amounts approved under subparagraph (A). (2) Medical expenses \n(A) Approval \nIf a claimant for benefits under this title obtains a proposed decision and order from a district director with an award of benefits for a qualifying claim, or an award for a qualifying claim before an administrative law judge, such district director and administrative law judge may each approve an award, in an amount not to exceed $1,500, to the claimant’s attorney of reasonable and unreimbursed medical expenses incurred in establishing the claimant’s case. (B) Payment \nThe Secretary shall, through the program under this section, pay any amounts approved under subparagraph (A). (3) Maximum \nThe Secretary, through the program established under this section, shall for any single qualifying claim pay— (A) not more than a total of $4,500 in attorneys’ fees; and (B) not more than $3,000 in medical expenses.", "id": "HEEDD1456DC894453BBD1B43AA2BC98F7", "header": "Payments authorized", "nested": [], "links": [] }, { "text": "(c) Reimbursement of funds \nIn any case in which a qualifying claim results in a final order awarding compensation, the liable operator shall reimburse the fund for any fees or expenses paid under this section, subject to enforcement by the Secretary under section 424 and in the same manner as compensation orders are enforced under section 21(d) of the Longshore and Harbor Workers’ Compensation Act ( 33 U.S.C. 921(d) ).", "id": "H53B0EC03336049BDA624F0ED55B7EEC2", "header": "Reimbursement of funds", "nested": [], "links": [ { "text": "33 U.S.C. 921(d)", "legal-doc": "usc", "parsable-cite": "usc/33/921" } ] }, { "text": "(d) Additional program rules \nNothing in this section shall limit or otherwise affect an operator's liability for any attorneys’ fees or medical expenses awarded by the district director or an administrative law judge that were not paid by the program under this section. Nothing in this section shall limit or otherwise affect the Secretary's authority to use amounts in the fund to pay approved attorneys’ fees in claims for benefits under this title for which a final order awarding compensation has been entered and the operator is unable to pay.", "id": "H969CA9FD36A8429DBF488625813F6DE1", "header": "Additional program rules", "nested": [], "links": [] }, { "text": "(e) No recoupment of attorneys’ fees \nAny payment for attorneys’ fees or medical expenses made by the Secretary under this section shall not be recouped from the claimant or the claimant’s attorney.", "id": "HD5BB78CC1937485D92A8E3AC3065AFC9", "header": "No recoupment of attorneys’ fees", "nested": [], "links": [] } ], "links": [ { "text": "33 U.S.C. 921(d)", "legal-doc": "usc", "parsable-cite": "usc/33/921" } ] }, { "text": "3. Reports by the Government Accountability Office \nNot later than 1 year after the date of enactment of this Act, the Comptroller General of the United States shall— (1) carry out a review of interim benefit payments under the Black Lung Benefits Act ( 30 U.S.C. 901 et seq. ) for miners and survivors who have submitted a claim for benefits under such Act and are waiting for a final determination, including— (A) an examination of the financial impact on beneficiaries of such payments in the case the claims of such beneficiaries are denied and the payments are recouped; (B) a study of the impact that the stress caused by such recoupment, or the threat of such recoupment, has on beneficiaries of such payments; and (C) a study of the financial impact on the Federal Government and taxpayers of the process for recouping such interim benefit payments in the case of claims that are denied; (2) carry out a review of benefit payments for miners and survivors under the Black Lung Benefits Act ( 30 U.S.C. 901 et seq. ), including— (A) an examination of whether such payments are sufficient to meet the expenses of such miners and survivors; (B) an examination of the economic impact of a possible increase in the amount of benefit payments for such miners and survivors; and (C) based on such examination, recommendations on the amount of benefit payments that such miners and survivors should receive; (3) carry out a review that examines the impact of a possible change to regulations of the Secretary of Labor to permit a survivor of a miner to, after a final determination of benefits under the Black Lung Benefits Act ( 30 U.S.C. 901 et seq. ) is made with respect to such survivor, file a subsequent claim for benefits under such Act; and (4) submit to Congress reports on the results of the reviews under paragraphs (1), (2), and (3).", "id": "H01675FF443DF409B8A91AA8BDC3CA7AA", "header": "Reports by the Government Accountability Office", "nested": [], "links": [ { "text": "30 U.S.C. 901 et seq.", "legal-doc": "usc", "parsable-cite": "usc/30/901" }, { "text": "30 U.S.C. 901 et seq.", "legal-doc": "usc", "parsable-cite": "usc/30/901" }, { "text": "30 U.S.C. 901 et seq.", "legal-doc": "usc", "parsable-cite": "usc/30/901" } ] } ]
4
1. Short title This Act may be cited as the Relief for Survivors of Miners Act of 2023. 2. Amendments to the benefits process for survivors of miners whose deaths were due to pneumoconiosis (a) Rebuttable presumptions for a death due to pneumoconiosis (1) Rebuttable presumption for a deceased miner employed for not less than 10 years in a coal mine Section 411(c)(2) of the Black Lung Benefits Act ( 30 U.S.C. 921(c)(2) ) is amended by striking the second sentence and inserting The presumption under this paragraph may be rebutted only by establishing that no part of the death of such miner was caused by pneumoconiosis.. (2) Rebuttable presumption for a disability due to pneumoconiosis Section 411(c) of the Black Lung Benefits Act ( 30 U.S.C. 921(c) ) is amended by adding at the end the following: (6) If a deceased miner was totally disabled due to pneumoconiosis during the life of such miner and does not meet the requirements for an irrebuttable presumption under paragraph (3), there shall be a rebuttable presumption that the miner's death was due to pneumoconiosis. The presumption under this paragraph may be rebutted only by establishing that no part of the death of such miner was caused by pneumoconiosis.. (3) Effective Date The amendments made by paragraphs (1) and (2) shall apply with respect to claims that are— (A) filed under part C of the Black Lung Benefits Act ( 30 U.S.C. 931 et seq. ) on or after the date that is 5 years before the date of enactment of this Act; and (B) pending on or after the date of enactment of this Act. (b) Conforming amendment regarding the term respirable Section 411(c)(2) of the Black Lung Benefits Act ( 30 U.S.C. 921(c)(2) ), as amended by section 2(a)(1), is further amended by striking respirable and inserting respiratory. (c) Restoring certain pre-1981 provisions regarding total disability due to pneumoconiosis (1) In general The Black Lung Benefits Act is amended— (A) in section 401(a) ( 30 U.S.C. 901(a) )— (i) by striking this disease; and inserting this disease or who were totally disabled by this disease at the time of their deaths; ; and (ii) by inserting or who were totally disabled by this disease at the time of their deaths after such disease ; and (B) in section 411(a) ( 30 U.S.C. 921(a) ), by striking , except and all that follows through of 1981,. (2) Effective Date The amendments made by paragraph (1) shall apply with respect to claims that are— (A) filed under part C of the Black Lung Benefits Act ( 30 U.S.C. 931 et seq. ) on or after the date that is 5 years before the date of enactment of this Act; and (B) pending on or after the date of enactment of this Act. (d) Attorneys’ fees and medical expenses payment program Part A of the Black Lung Benefits Act ( 30 U.S.C. 901 et seq. ) is amended by adding at the end the following: 403. Attorneys’ fees and medical expenses payment program (a) Program established (1) In general Not later than 180 days after the date of enactment of the Relief for Survivors of Miners Act of 2023 , the Secretary shall establish a payment program to pay attorneys’ fees and other reasonable and unreimbursed medical expenses incurred in establishing the claimant’s case, using amounts from the fund, to the attorneys of claimants in qualifying claims. (2) Qualifying claim A qualifying claim for purposes of this section is a contested claim for benefits under this title for which a final order has not been entered within one year of the filing of the claim. (3) Use of payments from the fund Notwithstanding any other provision of law, amounts in the fund shall be available for payments authorized by the Secretary under this section. (b) Payments authorized (1) Attorneys’ fees (A) Approval If a claimant for benefits under this title obtains a proposed decision and order from a district director with an award of benefits for a qualifying claim, or an award for a qualifying claim before an administrative law judge— (i) the district director may approve attorneys’ fees for work done before such director in an amount not to exceed $1,500; and (ii) the administrative law judge may approve attorneys’ fees for work done before such judge in an amount not to exceed $3,000. (B) Payment The Secretary shall, through the program under this section, pay any amounts approved under subparagraph (A). (2) Medical expenses (A) Approval If a claimant for benefits under this title obtains a proposed decision and order from a district director with an award of benefits for a qualifying claim, or an award for a qualifying claim before an administrative law judge, such district director and administrative law judge may each approve an award, in an amount not to exceed $1,500, to the claimant’s attorney of reasonable and unreimbursed medical expenses incurred in establishing the claimant’s case. (B) Payment The Secretary shall, through the program under this section, pay any amounts approved under subparagraph (A). (3) Maximum The Secretary, through the program established under this section, shall for any single qualifying claim pay— (A) not more than a total of $4,500 in attorneys’ fees; and (B) not more than $3,000 in medical expenses. (c) Reimbursement of funds In any case in which a qualifying claim results in a final order awarding compensation, the liable operator shall reimburse the fund for any fees or expenses paid under this section, subject to enforcement by the Secretary under section 424 and in the same manner as compensation orders are enforced under section 21(d) of the Longshore and Harbor Workers’ Compensation Act ( 33 U.S.C. 921(d) ). (d) Additional program rules Nothing in this section shall limit or otherwise affect an operator's liability for any attorneys’ fees or medical expenses awarded by the district director or an administrative law judge that were not paid by the program under this section. Nothing in this section shall limit or otherwise affect the Secretary's authority to use amounts in the fund to pay approved attorneys’ fees in claims for benefits under this title for which a final order awarding compensation has been entered and the operator is unable to pay. (e) No recoupment of attorneys’ fees Any payment for attorneys’ fees or medical expenses made by the Secretary under this section shall not be recouped from the claimant or the claimant’s attorney.. 403. Attorneys’ fees and medical expenses payment program (a) Program established (1) In general Not later than 180 days after the date of enactment of the Relief for Survivors of Miners Act of 2023 , the Secretary shall establish a payment program to pay attorneys’ fees and other reasonable and unreimbursed medical expenses incurred in establishing the claimant’s case, using amounts from the fund, to the attorneys of claimants in qualifying claims. (2) Qualifying claim A qualifying claim for purposes of this section is a contested claim for benefits under this title for which a final order has not been entered within one year of the filing of the claim. (3) Use of payments from the fund Notwithstanding any other provision of law, amounts in the fund shall be available for payments authorized by the Secretary under this section. (b) Payments authorized (1) Attorneys’ fees (A) Approval If a claimant for benefits under this title obtains a proposed decision and order from a district director with an award of benefits for a qualifying claim, or an award for a qualifying claim before an administrative law judge— (i) the district director may approve attorneys’ fees for work done before such director in an amount not to exceed $1,500; and (ii) the administrative law judge may approve attorneys’ fees for work done before such judge in an amount not to exceed $3,000. (B) Payment The Secretary shall, through the program under this section, pay any amounts approved under subparagraph (A). (2) Medical expenses (A) Approval If a claimant for benefits under this title obtains a proposed decision and order from a district director with an award of benefits for a qualifying claim, or an award for a qualifying claim before an administrative law judge, such district director and administrative law judge may each approve an award, in an amount not to exceed $1,500, to the claimant’s attorney of reasonable and unreimbursed medical expenses incurred in establishing the claimant’s case. (B) Payment The Secretary shall, through the program under this section, pay any amounts approved under subparagraph (A). (3) Maximum The Secretary, through the program established under this section, shall for any single qualifying claim pay— (A) not more than a total of $4,500 in attorneys’ fees; and (B) not more than $3,000 in medical expenses. (c) Reimbursement of funds In any case in which a qualifying claim results in a final order awarding compensation, the liable operator shall reimburse the fund for any fees or expenses paid under this section, subject to enforcement by the Secretary under section 424 and in the same manner as compensation orders are enforced under section 21(d) of the Longshore and Harbor Workers’ Compensation Act ( 33 U.S.C. 921(d) ). (d) Additional program rules Nothing in this section shall limit or otherwise affect an operator's liability for any attorneys’ fees or medical expenses awarded by the district director or an administrative law judge that were not paid by the program under this section. Nothing in this section shall limit or otherwise affect the Secretary's authority to use amounts in the fund to pay approved attorneys’ fees in claims for benefits under this title for which a final order awarding compensation has been entered and the operator is unable to pay. (e) No recoupment of attorneys’ fees Any payment for attorneys’ fees or medical expenses made by the Secretary under this section shall not be recouped from the claimant or the claimant’s attorney. 3. Reports by the Government Accountability Office Not later than 1 year after the date of enactment of this Act, the Comptroller General of the United States shall— (1) carry out a review of interim benefit payments under the Black Lung Benefits Act ( 30 U.S.C. 901 et seq. ) for miners and survivors who have submitted a claim for benefits under such Act and are waiting for a final determination, including— (A) an examination of the financial impact on beneficiaries of such payments in the case the claims of such beneficiaries are denied and the payments are recouped; (B) a study of the impact that the stress caused by such recoupment, or the threat of such recoupment, has on beneficiaries of such payments; and (C) a study of the financial impact on the Federal Government and taxpayers of the process for recouping such interim benefit payments in the case of claims that are denied; (2) carry out a review of benefit payments for miners and survivors under the Black Lung Benefits Act ( 30 U.S.C. 901 et seq. ), including— (A) an examination of whether such payments are sufficient to meet the expenses of such miners and survivors; (B) an examination of the economic impact of a possible increase in the amount of benefit payments for such miners and survivors; and (C) based on such examination, recommendations on the amount of benefit payments that such miners and survivors should receive; (3) carry out a review that examines the impact of a possible change to regulations of the Secretary of Labor to permit a survivor of a miner to, after a final determination of benefits under the Black Lung Benefits Act ( 30 U.S.C. 901 et seq. ) is made with respect to such survivor, file a subsequent claim for benefits under such Act; and (4) submit to Congress reports on the results of the reviews under paragraphs (1), (2), and (3).
11,761
[ "Education and the Workforce Committee" ]
118hr4795ih
118
hr
4,795
ih
To amend title 18, United States Code, with respect to attempted murder and the trafficking of fentanyl.
[ { "text": "1. Short title \nThis Act may be cited as the Fentanyl Kills Act.", "id": "H15A3C7C4BEAE4A089AF1B5B990F82AEC", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Attempted murder and trafficking of fentanyl \nSection 1111 of title 18, United States Code, is amended by adding at the end the following: (d) Any individual who has been found to have trafficked fentanyl shall be deemed to have attempted to perpetrate murder under subsection (a) and shall be subject to the penalty pursuant to subsection (b). (e) In this section, the term trafficked fentanyl means— (1) any illicit activity— (A) to produce, manufacture, distribute, sell, or knowingly finance or transport— (i) illicit fentanyl, including any controlled substance that is a synthetic opioid and any listed chemical (as defined in section 102 of the Controlled Substances Act ( 21 U.S.C. 802 )) that is a synthetic opioid utilized for fentanyl production; or (ii) active pharmaceutical ingredients or chemicals that are used in the production of fentanyl; (B) to attempt to carry out an activity described in subparagraph (A); or (C) to assist, abet, conspire, or collude with any other person to carry out an activity described in subparagraph (A); (2) a violation of section 401(a)(1) of the Controlled Substances Act ( 21 U.S.C. 841(a)(1) ) involving manufacturing, distributing, or dispensing, or possessing with intent to manufacture, distribute, or dispense, fentanyl or a fentanyl-related substance in or into the United States; (3) an attempt or conspiracy to commit a violation described in paragraph (2); (4) having manufactured, distributed, or dispensed, or possessed with intent to manufacture, distribute, or dispense, fentanyl or a fentanyl-related substance outside the United States with the intention of such fentanyl or fentanyl-related substance being distributed or dispensed in or into the United States in violation of section 401(a)(1) or 406 of the Controlled Substances Act ( 21 U.S.C. 841(a)(1) , 846); or (5) having produced or manufactured, distributed, or dispensed, or possessed with intent to manufacture, distribute, or dispense, a substance that is a precursor to fentanyl or a fentanyl-related substance with the intention of such precursor, fentanyl, or fentanyl-related substance being distributed or dispensed in or into the United States in violation of section 401(a)(1) or 406 of the Controlled Substances Act ( 21 U.S.C. 841(a)(1) , 846)..", "id": "H024B54AA3DDE48419EE65906643DAD27", "header": "Attempted murder and trafficking of fentanyl", "nested": [], "links": [ { "text": "21 U.S.C. 802", "legal-doc": "usc", "parsable-cite": "usc/21/802" }, { "text": "21 U.S.C. 841(a)(1)", "legal-doc": "usc", "parsable-cite": "usc/21/841" }, { "text": "21 U.S.C. 841(a)(1)", "legal-doc": "usc", "parsable-cite": "usc/21/841" }, { "text": "21 U.S.C. 841(a)(1)", "legal-doc": "usc", "parsable-cite": "usc/21/841" } ] } ]
2
1. Short title This Act may be cited as the Fentanyl Kills Act. 2. Attempted murder and trafficking of fentanyl Section 1111 of title 18, United States Code, is amended by adding at the end the following: (d) Any individual who has been found to have trafficked fentanyl shall be deemed to have attempted to perpetrate murder under subsection (a) and shall be subject to the penalty pursuant to subsection (b). (e) In this section, the term trafficked fentanyl means— (1) any illicit activity— (A) to produce, manufacture, distribute, sell, or knowingly finance or transport— (i) illicit fentanyl, including any controlled substance that is a synthetic opioid and any listed chemical (as defined in section 102 of the Controlled Substances Act ( 21 U.S.C. 802 )) that is a synthetic opioid utilized for fentanyl production; or (ii) active pharmaceutical ingredients or chemicals that are used in the production of fentanyl; (B) to attempt to carry out an activity described in subparagraph (A); or (C) to assist, abet, conspire, or collude with any other person to carry out an activity described in subparagraph (A); (2) a violation of section 401(a)(1) of the Controlled Substances Act ( 21 U.S.C. 841(a)(1) ) involving manufacturing, distributing, or dispensing, or possessing with intent to manufacture, distribute, or dispense, fentanyl or a fentanyl-related substance in or into the United States; (3) an attempt or conspiracy to commit a violation described in paragraph (2); (4) having manufactured, distributed, or dispensed, or possessed with intent to manufacture, distribute, or dispense, fentanyl or a fentanyl-related substance outside the United States with the intention of such fentanyl or fentanyl-related substance being distributed or dispensed in or into the United States in violation of section 401(a)(1) or 406 of the Controlled Substances Act ( 21 U.S.C. 841(a)(1) , 846); or (5) having produced or manufactured, distributed, or dispensed, or possessed with intent to manufacture, distribute, or dispense, a substance that is a precursor to fentanyl or a fentanyl-related substance with the intention of such precursor, fentanyl, or fentanyl-related substance being distributed or dispensed in or into the United States in violation of section 401(a)(1) or 406 of the Controlled Substances Act ( 21 U.S.C. 841(a)(1) , 846)..
2,351
[ "Judiciary Committee" ]
118hr2082ih
118
hr
2,082
ih
To provide for a limitation on availability of funds for The Judiciary, Court of Appeals, District Courts, and Other Judicial Services, Salaries and Expenses for fiscal year 2024.
[ { "text": "1. Limitation on availability of funds for The Judiciary, Court of Appeals, District Courts, and Other Judicial Services, Salaries and Expenses for fiscal year 2024 \nNotwithstanding any other provision of the law, amounts authorized to be appropriated or otherwise available for The Judiciary, Court of Appeals, District Courts, and Other Judicial Services, Salaries and Expenses for fiscal year 2024 may not exceed $5,144,383,000.", "id": "H32F891CC025143BF93B1DAF361977921", "header": "Limitation on availability of funds for The Judiciary, Court of Appeals, District Courts, and Other Judicial Services, Salaries and Expenses for fiscal year 2024", "nested": [], "links": [] } ]
1
1. Limitation on availability of funds for The Judiciary, Court of Appeals, District Courts, and Other Judicial Services, Salaries and Expenses for fiscal year 2024 Notwithstanding any other provision of the law, amounts authorized to be appropriated or otherwise available for The Judiciary, Court of Appeals, District Courts, and Other Judicial Services, Salaries and Expenses for fiscal year 2024 may not exceed $5,144,383,000.
431
[ "Judiciary Committee" ]
118hr3512ih
118
hr
3,512
ih
To amend the Agricultural Act of 2014 with respect to the Acer access and development program, and for other purposes.
[ { "text": "1. Short title \nThis Act may be cited as the Supporting All Producers Act of 2023 or the SAP Act of 2023.", "id": "HF78117C317784F4C8B53180EE2A961D3", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Acer access and development program \nSection 12306 of the Agricultural Act of 2014 ( 7 U.S.C. 1632c ) is amended— (1) by redesignating subsections (e) and (f) as subsections (f) and (g), respectively; (2) by inserting after subsection (d) the following: (e) Consultations \n(1) In general \nBeginning with the first request for applications under this section that occurs at least 1 year after the date of the enactment of the SAP Act of 2023, not later than 6 months before such a request for applications, the Secretary shall solicit input from maple industry stakeholders with respect to the research and education priorities of the maple industry. (2) Consideration \nThe Secretary shall consider the information provided through the consultation required under paragraph (1) when making grants under this section. ; and (3) in subsection (g), as so redesignated, by striking 2023 and inserting 2028.", "id": "H5E851B09FFBE40D5AA7BE228B35CDBA0", "header": "Acer access and development program", "nested": [], "links": [ { "text": "7 U.S.C. 1632c", "legal-doc": "usc", "parsable-cite": "usc/7/1632c" } ] } ]
2
1. Short title This Act may be cited as the Supporting All Producers Act of 2023 or the SAP Act of 2023. 2. Acer access and development program Section 12306 of the Agricultural Act of 2014 ( 7 U.S.C. 1632c ) is amended— (1) by redesignating subsections (e) and (f) as subsections (f) and (g), respectively; (2) by inserting after subsection (d) the following: (e) Consultations (1) In general Beginning with the first request for applications under this section that occurs at least 1 year after the date of the enactment of the SAP Act of 2023, not later than 6 months before such a request for applications, the Secretary shall solicit input from maple industry stakeholders with respect to the research and education priorities of the maple industry. (2) Consideration The Secretary shall consider the information provided through the consultation required under paragraph (1) when making grants under this section. ; and (3) in subsection (g), as so redesignated, by striking 2023 and inserting 2028.
1,010
[ "Agriculture Committee" ]
118hr1255ih
118
hr
1,255
ih
To amend title 38, United States Code, to extend to Black veterans of World War II, and surviving spouses and certain direct descendants of such veterans, eligibility for certain housing loans and educational assistance administered by the Secretary of Veterans Affairs, and for other purposes.
[ { "text": "1. Short title \nThis Act may be cited as the Sgt. Isaac Woodard, Jr. and Sgt. Joseph H. Maddox GI Bill Restoration Act of 2023.", "id": "H88C5E94C0DA742B89C25F4D5CB9DC91C", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Findings \nCongress finds the following: (1) African Americans played a pivotal role in the war effort during World War II, with more than 1,200,000 African Americans serving in the Armed Forces, and, by 1945, approximately 1.9 percent of all officers in the Armed Forces were African Americans. (2) Following World War II, the Servicemen’s Readjustment Act of 1944 (58 Stat. 284, commonly known as the GI Bill ) offered substantial material benefits to 16,000,000 veterans to assist them in reintegrating into civil society. (3) The GI Bill offered a range of economic and educational benefits administered by the Federal Government through the Secretary of the Veterans Administration, including monetary assistance to access higher education, government guarantees for housing loans, unemployment allowances, and civilian workforce reentry assistance. (4) Though the legislative text of the GI Bill was race neutral, the administration of benefits through national, State, and local Veterans Administration offices resulted in a pattern of discrimination against racial minorities, especially African Americans. (5) Veterans Administration benefits counselors denied African Americans access to educational benefits at certain universities and funneled applicants into industrial and vocational schools rather than higher education opportunities, with just 6 percent of African-American veterans of World War II earning a college degree, compared to 19 percent of White veterans of World War II. (6) In administering its housing guaranty program, the Veterans Administration adopted the Federal Housing Administration’s racial exclusion programs, also known as redlining, which excluded a significant number of African Americans from taking full advantage of the housing guaranty program. (7) The GI Bill created substantial economic growth and wealth accumulation for those who could benefit, but discriminatory administration of the program prevented many African-American veterans of World War II from enjoying the full economic prosperity of the post-war period.", "id": "H7D9374BFA77A44BF9172DCA3AF9E70C2", "header": "Findings", "nested": [], "links": [] }, { "text": "3. Housing loans guaranteed by the Secretary of Veterans Affairs for Black veterans of World War II and survivors and certain direct descendants of such veterans \n(a) Establishment \nChapter 37 of title 38, United States Code, is amended as follows: (1) Definition \nSection 3701(b) of such title is amended by adding at the end the following new paragraphs: (8) The term veteran also includes, for purposes of housing loans, an individual who— (A) is Black; (B) served on active duty as a member of the Armed Forces during World War II; and (C) certifies to the Secretary that such individual was denied a specific benefit under the Servicemen's Readjustment Act of 1944 (58 Stat. 284) on the basis of race. (9) The term veteran also includes, for purposes of housing loans, an individual who— (A) is the surviving spouse, child, grandchild, or other direct descendant of a veteran described in paragraph (8); (B) certifies to the Secretary that such veteran described in paragraph (8) was denied a specific benefit under the Servicemen's Readjustment Act of 1944 (58 Stat. 284) on the basis of race; and (C) is living on the date of the enactment of the Sgt. Isaac Woodard, Jr. and Sgt. Joseph H. Maddox GI Bill Restoration Act of 2023.. (2) Basic entitlement \nSection 3702(a)(2)(E) of such title is amended by adding at the end the following new subparagraph: (H) Each individual— (i) described in paragraph (8) or (9) of section 3701(b) of this title; and (ii) who applies for a housing loan during the five-year period beginning on the date of the enactment of the Sgt. Isaac Woodard, Jr. and Sgt. Joseph H. Maddox GI Bill Restoration Act of 2023.. (b) Deadline \nThe Secretary shall carry out the amendment made by this section not later than 90 days after the date of the enactment of this Act. (c) Regulations \nThe Secretary of Veterans Affairs shall prescribe regulations to carry out the amendments made by this section. (d) GAO report \nNot later than one year after the deadline under subsection (b), the Comptroller General of the United States shall submit to Congress a report regarding— (1) the number of individuals who received housing loan benefits pursuant to the amendments made by this section; and (2) the total value of housing loan benefits administered by the Secretary pursuant to the amendments made by this section.", "id": "H0BA3421A70B942BEB3DF0500EF38E4A9", "header": "Housing loans guaranteed by the Secretary of Veterans Affairs for Black veterans of World War II and survivors and certain direct descendants of such veterans", "nested": [ { "text": "(a) Establishment \nChapter 37 of title 38, United States Code, is amended as follows: (1) Definition \nSection 3701(b) of such title is amended by adding at the end the following new paragraphs: (8) The term veteran also includes, for purposes of housing loans, an individual who— (A) is Black; (B) served on active duty as a member of the Armed Forces during World War II; and (C) certifies to the Secretary that such individual was denied a specific benefit under the Servicemen's Readjustment Act of 1944 (58 Stat. 284) on the basis of race. (9) The term veteran also includes, for purposes of housing loans, an individual who— (A) is the surviving spouse, child, grandchild, or other direct descendant of a veteran described in paragraph (8); (B) certifies to the Secretary that such veteran described in paragraph (8) was denied a specific benefit under the Servicemen's Readjustment Act of 1944 (58 Stat. 284) on the basis of race; and (C) is living on the date of the enactment of the Sgt. Isaac Woodard, Jr. and Sgt. Joseph H. Maddox GI Bill Restoration Act of 2023.. (2) Basic entitlement \nSection 3702(a)(2)(E) of such title is amended by adding at the end the following new subparagraph: (H) Each individual— (i) described in paragraph (8) or (9) of section 3701(b) of this title; and (ii) who applies for a housing loan during the five-year period beginning on the date of the enactment of the Sgt. Isaac Woodard, Jr. and Sgt. Joseph H. Maddox GI Bill Restoration Act of 2023..", "id": "H3211BDC5A6F9429194EF685EA6C45720", "header": "Establishment", "nested": [], "links": [ { "text": "Chapter 37", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/38/37" } ] }, { "text": "(b) Deadline \nThe Secretary shall carry out the amendment made by this section not later than 90 days after the date of the enactment of this Act.", "id": "H4AB00940DF3C495794C03BDCC33FF072", "header": "Deadline", "nested": [], "links": [] }, { "text": "(c) Regulations \nThe Secretary of Veterans Affairs shall prescribe regulations to carry out the amendments made by this section.", "id": "HB76E6B826A8249AAA9706782FC73AA5B", "header": "Regulations", "nested": [], "links": [] }, { "text": "(d) GAO report \nNot later than one year after the deadline under subsection (b), the Comptroller General of the United States shall submit to Congress a report regarding— (1) the number of individuals who received housing loan benefits pursuant to the amendments made by this section; and (2) the total value of housing loan benefits administered by the Secretary pursuant to the amendments made by this section.", "id": "H770E99F1685B4D47A9CC57BC3DA3F5C1", "header": "GAO report", "nested": [], "links": [] } ], "links": [ { "text": "Chapter 37", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/38/37" } ] }, { "text": "4. Educational assistance for survivors and certain direct descendants of Black veterans of World War II \n(a) Entitlement \nSubsection (b) of section 3311 of title 38, United States Code, is amended by adding at the end the following new paragraph: (12) An individual— (A) described in section 3701(b)(9) of this title; and (B) who applies for educational assistance under this chapter during the five-year period beginning on the date of the enactment of the Sgt. Isaac Woodard, Jr. and Sgt. Joseph H. Maddox GI Bill Restoration Act of 2023.. (b) Deadline \nThe Secretary shall carry out the amendment made by this section not later than 90 days after the date of the enactment of this Act. (c) Regulations \nThe Secretary of Veterans Affairs shall prescribe regulations to carry out the amendment made by this section. (d) GAO report \nNot later than one year after the deadline under subsection (b), the Comptroller General of the United States shall submit to Congress a report regarding— (1) the number of individuals who received educational assistance pursuant to the amendment made by this section; and (2) the total amount of educational assistance paid by the Secretary pursuant to the amendment made by this section.", "id": "H1A5F5E20BCB049FA80042430772D3DE9", "header": "Educational assistance for survivors and certain direct descendants of Black veterans of World War II", "nested": [ { "text": "(a) Entitlement \nSubsection (b) of section 3311 of title 38, United States Code, is amended by adding at the end the following new paragraph: (12) An individual— (A) described in section 3701(b)(9) of this title; and (B) who applies for educational assistance under this chapter during the five-year period beginning on the date of the enactment of the Sgt. Isaac Woodard, Jr. and Sgt. Joseph H. Maddox GI Bill Restoration Act of 2023..", "id": "HBA77530F8A1449D1ADDD1679B4392FB0", "header": "Entitlement", "nested": [], "links": [] }, { "text": "(b) Deadline \nThe Secretary shall carry out the amendment made by this section not later than 90 days after the date of the enactment of this Act.", "id": "HD678748A0A884666BCAE3F30BC96614A", "header": "Deadline", "nested": [], "links": [] }, { "text": "(c) Regulations \nThe Secretary of Veterans Affairs shall prescribe regulations to carry out the amendment made by this section.", "id": "HBE3C9F8551EB4C299F937A8EE40BF248", "header": "Regulations", "nested": [], "links": [] }, { "text": "(d) GAO report \nNot later than one year after the deadline under subsection (b), the Comptroller General of the United States shall submit to Congress a report regarding— (1) the number of individuals who received educational assistance pursuant to the amendment made by this section; and (2) the total amount of educational assistance paid by the Secretary pursuant to the amendment made by this section.", "id": "HDD4FB46C3FD74A85B2B28C9EBDFD6BFC", "header": "GAO report", "nested": [], "links": [] } ], "links": [] }, { "text": "5. Blue Ribbon panel on benefits and assistance for female and minority veterans \n(a) Establishment \nNot later than 30 days after the date of the enactment of this Act, the Secretary of Veterans Affairs shall, pursuant to the Federal Advisory Committee Act ( Public Law 92–463 ; 5 U.S.C. App.), appoint a panel of independent experts on— (1) inequities in the distribution of benefits and assistance administered by the Secretary; and (2) military service by female and minority members of the Armed Forces. (b) Duties \nThe panel shall develop recommendations regarding additional benefits and assistance for individuals described in subsection (a)(2), and related legislation. (c) Report \nNot later than one year after the date of the enactment of this Act, the panel shall submit to Congress and the President a report containing the recommendations developed under this section.", "id": "H6478A5E89F2F484EA0356113C89D5501", "header": "Blue Ribbon panel on benefits and assistance for female and minority veterans", "nested": [ { "text": "(a) Establishment \nNot later than 30 days after the date of the enactment of this Act, the Secretary of Veterans Affairs shall, pursuant to the Federal Advisory Committee Act ( Public Law 92–463 ; 5 U.S.C. App.), appoint a panel of independent experts on— (1) inequities in the distribution of benefits and assistance administered by the Secretary; and (2) military service by female and minority members of the Armed Forces.", "id": "H3FB7D2E6B48844D180F6D8EDA7A4793E", "header": "Establishment", "nested": [], "links": [ { "text": "Public Law 92–463", "legal-doc": "public-law", "parsable-cite": "pl/92/463" } ] }, { "text": "(b) Duties \nThe panel shall develop recommendations regarding additional benefits and assistance for individuals described in subsection (a)(2), and related legislation.", "id": "H9AA34A3022A649949F53629E83F5A267", "header": "Duties", "nested": [], "links": [] }, { "text": "(c) Report \nNot later than one year after the date of the enactment of this Act, the panel shall submit to Congress and the President a report containing the recommendations developed under this section.", "id": "HFF11F4A7381C4188A5B7EA5C72340242", "header": "Report", "nested": [], "links": [] } ], "links": [ { "text": "Public Law 92–463", "legal-doc": "public-law", "parsable-cite": "pl/92/463" } ] } ]
5
1. Short title This Act may be cited as the Sgt. Isaac Woodard, Jr. and Sgt. Joseph H. Maddox GI Bill Restoration Act of 2023. 2. Findings Congress finds the following: (1) African Americans played a pivotal role in the war effort during World War II, with more than 1,200,000 African Americans serving in the Armed Forces, and, by 1945, approximately 1.9 percent of all officers in the Armed Forces were African Americans. (2) Following World War II, the Servicemen’s Readjustment Act of 1944 (58 Stat. 284, commonly known as the GI Bill ) offered substantial material benefits to 16,000,000 veterans to assist them in reintegrating into civil society. (3) The GI Bill offered a range of economic and educational benefits administered by the Federal Government through the Secretary of the Veterans Administration, including monetary assistance to access higher education, government guarantees for housing loans, unemployment allowances, and civilian workforce reentry assistance. (4) Though the legislative text of the GI Bill was race neutral, the administration of benefits through national, State, and local Veterans Administration offices resulted in a pattern of discrimination against racial minorities, especially African Americans. (5) Veterans Administration benefits counselors denied African Americans access to educational benefits at certain universities and funneled applicants into industrial and vocational schools rather than higher education opportunities, with just 6 percent of African-American veterans of World War II earning a college degree, compared to 19 percent of White veterans of World War II. (6) In administering its housing guaranty program, the Veterans Administration adopted the Federal Housing Administration’s racial exclusion programs, also known as redlining, which excluded a significant number of African Americans from taking full advantage of the housing guaranty program. (7) The GI Bill created substantial economic growth and wealth accumulation for those who could benefit, but discriminatory administration of the program prevented many African-American veterans of World War II from enjoying the full economic prosperity of the post-war period. 3. Housing loans guaranteed by the Secretary of Veterans Affairs for Black veterans of World War II and survivors and certain direct descendants of such veterans (a) Establishment Chapter 37 of title 38, United States Code, is amended as follows: (1) Definition Section 3701(b) of such title is amended by adding at the end the following new paragraphs: (8) The term veteran also includes, for purposes of housing loans, an individual who— (A) is Black; (B) served on active duty as a member of the Armed Forces during World War II; and (C) certifies to the Secretary that such individual was denied a specific benefit under the Servicemen's Readjustment Act of 1944 (58 Stat. 284) on the basis of race. (9) The term veteran also includes, for purposes of housing loans, an individual who— (A) is the surviving spouse, child, grandchild, or other direct descendant of a veteran described in paragraph (8); (B) certifies to the Secretary that such veteran described in paragraph (8) was denied a specific benefit under the Servicemen's Readjustment Act of 1944 (58 Stat. 284) on the basis of race; and (C) is living on the date of the enactment of the Sgt. Isaac Woodard, Jr. and Sgt. Joseph H. Maddox GI Bill Restoration Act of 2023.. (2) Basic entitlement Section 3702(a)(2)(E) of such title is amended by adding at the end the following new subparagraph: (H) Each individual— (i) described in paragraph (8) or (9) of section 3701(b) of this title; and (ii) who applies for a housing loan during the five-year period beginning on the date of the enactment of the Sgt. Isaac Woodard, Jr. and Sgt. Joseph H. Maddox GI Bill Restoration Act of 2023.. (b) Deadline The Secretary shall carry out the amendment made by this section not later than 90 days after the date of the enactment of this Act. (c) Regulations The Secretary of Veterans Affairs shall prescribe regulations to carry out the amendments made by this section. (d) GAO report Not later than one year after the deadline under subsection (b), the Comptroller General of the United States shall submit to Congress a report regarding— (1) the number of individuals who received housing loan benefits pursuant to the amendments made by this section; and (2) the total value of housing loan benefits administered by the Secretary pursuant to the amendments made by this section. 4. Educational assistance for survivors and certain direct descendants of Black veterans of World War II (a) Entitlement Subsection (b) of section 3311 of title 38, United States Code, is amended by adding at the end the following new paragraph: (12) An individual— (A) described in section 3701(b)(9) of this title; and (B) who applies for educational assistance under this chapter during the five-year period beginning on the date of the enactment of the Sgt. Isaac Woodard, Jr. and Sgt. Joseph H. Maddox GI Bill Restoration Act of 2023.. (b) Deadline The Secretary shall carry out the amendment made by this section not later than 90 days after the date of the enactment of this Act. (c) Regulations The Secretary of Veterans Affairs shall prescribe regulations to carry out the amendment made by this section. (d) GAO report Not later than one year after the deadline under subsection (b), the Comptroller General of the United States shall submit to Congress a report regarding— (1) the number of individuals who received educational assistance pursuant to the amendment made by this section; and (2) the total amount of educational assistance paid by the Secretary pursuant to the amendment made by this section. 5. Blue Ribbon panel on benefits and assistance for female and minority veterans (a) Establishment Not later than 30 days after the date of the enactment of this Act, the Secretary of Veterans Affairs shall, pursuant to the Federal Advisory Committee Act ( Public Law 92–463 ; 5 U.S.C. App.), appoint a panel of independent experts on— (1) inequities in the distribution of benefits and assistance administered by the Secretary; and (2) military service by female and minority members of the Armed Forces. (b) Duties The panel shall develop recommendations regarding additional benefits and assistance for individuals described in subsection (a)(2), and related legislation. (c) Report Not later than one year after the date of the enactment of this Act, the panel shall submit to Congress and the President a report containing the recommendations developed under this section.
6,646
[ "Veterans' Affairs Committee" ]
118hr4091ih
118
hr
4,091
ih
To amend the SUPPORT for Patients and Communities Act to expand required reports on T–MSIS substance use disorder data to include mental health condition data.
[ { "text": "1. Expanding required reports on T–MSIS substance use disorder data to include mental health condition data \n(a) In general \nSection 1015(a) of the SUPPORT for Patients and Communities Act ( 42 U.S.C. 1320d–2 note) is amended— (1) in paragraph (2)— (A) in the matter preceding subparagraph (A), by inserting , including as updated in accordance with paragraph (3), after paragraph (1) ; (B) in subparagraph (A), by inserting or mental health condition after substance use disorder ; (C) in subparagraph (B), by inserting and mental health treatment services after substance use disorder treatment services ; (D) in subparagraph (C)— (i) by inserting or mental health condition after substance use disorder diagnosis ; and (ii) by inserting or mental health treatment services, respectively, after substance use disorder treatment services ; (E) in subparagraph (D), by inserting or mental health condition after substance use disorder diagnosis ; (F) in subparagraph (E), by inserting or mental health treatment after substance use disorder treatment ; and (G) in subparagraph (F), by inserting , and individuals with a mental health condition who receive mental health treatment services, after substance use disorder treatment services ; and (2) in paragraph (3), by striking through 2024. (b) Application \nThe amendments made by subsection (a)(1) shall apply beginning with respect to the first update made pursuant to section 1015(a)(3) of the SUPPORT for Patients and Communities Act ( 42 U.S.C. 1320d–2 note) after the date that is 12 months after the date of the enactment of this Act.", "id": "H872552BD472140AD9159780FE07ECDEA", "header": "Expanding required reports on T–MSIS substance use disorder data to include mental health condition data", "nested": [ { "text": "(a) In general \nSection 1015(a) of the SUPPORT for Patients and Communities Act ( 42 U.S.C. 1320d–2 note) is amended— (1) in paragraph (2)— (A) in the matter preceding subparagraph (A), by inserting , including as updated in accordance with paragraph (3), after paragraph (1) ; (B) in subparagraph (A), by inserting or mental health condition after substance use disorder ; (C) in subparagraph (B), by inserting and mental health treatment services after substance use disorder treatment services ; (D) in subparagraph (C)— (i) by inserting or mental health condition after substance use disorder diagnosis ; and (ii) by inserting or mental health treatment services, respectively, after substance use disorder treatment services ; (E) in subparagraph (D), by inserting or mental health condition after substance use disorder diagnosis ; (F) in subparagraph (E), by inserting or mental health treatment after substance use disorder treatment ; and (G) in subparagraph (F), by inserting , and individuals with a mental health condition who receive mental health treatment services, after substance use disorder treatment services ; and (2) in paragraph (3), by striking through 2024.", "id": "H66196384C1B946AB90F312DB20604816", "header": "In general", "nested": [], "links": [ { "text": "42 U.S.C. 1320d–2", "legal-doc": "usc", "parsable-cite": "usc/42/1320d-2" } ] }, { "text": "(b) Application \nThe amendments made by subsection (a)(1) shall apply beginning with respect to the first update made pursuant to section 1015(a)(3) of the SUPPORT for Patients and Communities Act ( 42 U.S.C. 1320d–2 note) after the date that is 12 months after the date of the enactment of this Act.", "id": "H8DAEF258993F49559C4296D8D087B7BE", "header": "Application", "nested": [], "links": [ { "text": "42 U.S.C. 1320d–2", "legal-doc": "usc", "parsable-cite": "usc/42/1320d-2" } ] } ], "links": [ { "text": "42 U.S.C. 1320d–2", "legal-doc": "usc", "parsable-cite": "usc/42/1320d-2" }, { "text": "42 U.S.C. 1320d–2", "legal-doc": "usc", "parsable-cite": "usc/42/1320d-2" } ] } ]
1
1. Expanding required reports on T–MSIS substance use disorder data to include mental health condition data (a) In general Section 1015(a) of the SUPPORT for Patients and Communities Act ( 42 U.S.C. 1320d–2 note) is amended— (1) in paragraph (2)— (A) in the matter preceding subparagraph (A), by inserting , including as updated in accordance with paragraph (3), after paragraph (1) ; (B) in subparagraph (A), by inserting or mental health condition after substance use disorder ; (C) in subparagraph (B), by inserting and mental health treatment services after substance use disorder treatment services ; (D) in subparagraph (C)— (i) by inserting or mental health condition after substance use disorder diagnosis ; and (ii) by inserting or mental health treatment services, respectively, after substance use disorder treatment services ; (E) in subparagraph (D), by inserting or mental health condition after substance use disorder diagnosis ; (F) in subparagraph (E), by inserting or mental health treatment after substance use disorder treatment ; and (G) in subparagraph (F), by inserting , and individuals with a mental health condition who receive mental health treatment services, after substance use disorder treatment services ; and (2) in paragraph (3), by striking through 2024. (b) Application The amendments made by subsection (a)(1) shall apply beginning with respect to the first update made pursuant to section 1015(a)(3) of the SUPPORT for Patients and Communities Act ( 42 U.S.C. 1320d–2 note) after the date that is 12 months after the date of the enactment of this Act.
1,592
[ "Energy and Commerce Committee" ]
118hr2757ih
118
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2,757
ih
To enable the people of Puerto Rico to choose a permanent, nonterritorial, fully self-governing political status for Puerto Rico and to provide for a transition to and the implementation of that permanent, nonterritorial, fully self-governing political status, and for other purposes.
[ { "text": "1. Short title \nThis Act may be cited as the Puerto Rico Status Act.", "id": "H7AA92A2C84A44670A1E383CF282BD3D4", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Table of contents \nThe table of contents for this Act is as follows: Sec. 1. Short title. Sec. 2. Table of contents. Sec. 3. Findings. Sec. 4. Definitions. Sec. 5. Plebiscite. Sec. 6. Nonpartisan voter education campaign. Sec. 7. Oversight. Sec. 8. Funds for voter education; plebiscites. Sec. 9. Bilingual voter educational materials and ballots. Sec. 10. Puerto Rico Oversight, Management, and Economic Stability Act. Sec. 11. Severability. Title I—Transition and Implementation—Independence Sec. 101. Constitutional convention. Sec. 102. Character of the constitution. Sec. 103. Submission; ratification. Sec. 104. Election of officers. Sec. 105. Conforming amendments to existing law. Sec. 106. Joint Transition Commission. Sec. 107. Proclamations by President of the United States; Head of State of Puerto Rico. Sec. 108. Legal and constitutional provisions. Sec. 109. Judicial pronouncements. Sec. 110. Citizenship and immigration laws after Puerto Rican independence. Sec. 111. Individual rights to economic benefits and grants. Title II—Transition and Implementation—Sovereignty in Free Association with the United States Sec. 201. Constitutional convention. Sec. 202. Character of the constitution. Sec. 203. Submission; ratification. Sec. 204. Election of officers. Sec. 205. Proclamations by President of the United States; Head of State of Puerto Rico. Sec. 206. Legal and constitutional provisions. Sec. 207. Judicial pronouncements. Sec. 208. Citizenship and immigration laws after sovereignty through free association. Sec. 209. Conforming amendments to existing law. Sec. 210. Bilateral Negotiating Commission. Sec. 211. Articles of Free Association approval and effective date. Sec. 212. Termination. Sec. 213. Individual rights to economic benefits and grants. Title III—Transition and Implementation—Statehood Sec. 301. Presidential proclamation; admission into the Union. Sec. 302. Conforming amendments to existing law. Sec. 303. Territory and boundaries. Sec. 304. Constitution. Sec. 305. Elections of Senators and Representatives, certification, and legal disputes. Sec. 306. State title to land and property. Sec. 307. Continuity of laws, government, and obligations. Sec. 308. Judicial pronouncements.", "id": "H8F8601066B3B438FBA6F844D3E30501E", "header": "Table of contents", "nested": [], "links": [] }, { "text": "3. Findings \nIn recognition of the inherent limitations of Puerto Rico’s territorial status, and the responsibility of the Federal Government to enable the people of the territory to freely express their wishes regarding political status and achieve full self-government, Congress seeks to enable the eligible voters of Puerto Rico to choose a permanent, non-territorial, fully self-governing political status for Puerto Rico and to provide for a transition to and the implementation of said permanent, nonterritorial, fully self-governing status.", "id": "H2C4F035D47594133A933D5BDCB72A320", "header": "Findings", "nested": [], "links": [] }, { "text": "4. Definitions \nIn this Act: (1) Bilateral Negotiating Commission \nThe term Bilateral Negotiating Commission means the Bilateral Negotiating Commission established under section 209(a). (2) Elections Commission \nThe term Elections Commission means the Puerto Rico State Elections Commission (Comisión Estatal de Elecciones de Puerto Rico, in Spanish). (3) Eligible voters \nThe term eligible voters means bona fide residents of Puerto Rico who are otherwise qualified to vote in general elections in Puerto Rico. (4) Initial plebiscite \nThe term initial plebiscite means the plebiscite required by section 5(a)(1). (5) Majority \nThe term majority means more than 50 percent. (6) Runoff plebiscite \nThe term runoff plebiscite means the plebiscite required by section 5(a)(4).", "id": "H47AF6C4E06D54A29B483A98245E9D5AD", "header": "Definitions", "nested": [], "links": [] }, { "text": "5. Plebiscite \n(a) In general \n(1) Initial plebiscite \nA plebiscite to resolve Puerto Rico’s political status shall be held on November 2, 2025. (2) Options \nThe plebiscite held under paragraph (1) shall offer eligible voters a choice of one of the three options which shall be presented on the ballot as follows: (A) Independence. (B) Sovereignty in Free Association with the United States. (C) Statehood. (3) Majority vote required \nApproval of a status option must be by a majority of the valid votes cast. (4) Runoff plebiscite \nIf there is not a majority in favor of one of the three options defined in this Act, then a runoff plebiscite shall be held on March 8, 2026, which shall offer eligible voters a choice of the two options that received the most votes in the plebiscite held under paragraph (1). (b) Ballot language \nA ballot for a plebiscite required by subsection (a) shall include the following language, except that the ballot for the runoff plebiscite shall omit the option that received the fewest votes in the initial plebiscite: (1) Instructions \nMark the status option you choose as each is defined below. A ballot with more than 1 option marked will not be counted. A ballot with no option marked will not be counted. (2) Independence \nIf you agree, mark here ____. (A) Puerto Rico is a sovereign nation that has full authority and responsibility over its territory and population under a constitution of its own adoption which shall be the supreme law of the nation. (B) Puerto Rico is vested with full powers and responsibilities consistent with the rights and responsibilities that devolve upon a sovereign nation under international law, including its own fiscal and monetary policy, immigration, trade, and the conduct in its own name and right of relations with other nations and international organizations. (C) Puerto Rico has full authority and responsibility over its citizenship and immigration laws, and birth in Puerto Rico or relationship to persons with statutory United States citizenship by birth in the former territory shall cease to be a basis for United States nationality or citizenship, except that persons who have such United States citizenship have a right to retain United States nationality and citizenship for life, by entitlement or election as provided by Federal law. (D) Puerto Rico will no longer be a possession of the United States for purposes of the Internal Revenue Code. In general, United States citizens and United States businesses in the nation of Puerto Rico will be subject to United States Federal tax laws (as is the case with any other United States citizen or United States business abroad) and to Puerto Rican tax laws. Puerto Rico’s status as an independent, sovereign nation will be the controlling factor in the taxation of Puerto Rican taxpayers. (E) The Constitution and laws of the United States no longer apply in Puerto Rico and United States sovereignty in Puerto Rico is ended. (3) Sovereignty in Free Association with the United States \nIf you agree, mark here ___. (A) Puerto Rico is a sovereign nation that has full authority and responsibility over its territory and population under a constitution of its own adoption which shall be the supreme law of the nation. (B) Puerto Rico is vested with full powers and responsibilities consistent with the rights and responsibilities that devolve upon a sovereign nation under international law, including its own fiscal and monetary policy, immigration, trade, and the conduct in its own name and right of relations with other nations and international organizations, except as otherwise provided for in the Articles of Free Association to be negotiated by Puerto Rico and the United States. (C) Puerto Rico has full authority and responsibility over its citizenship and immigration laws, and persons who have United States citizenship have a right to retain United States nationality and citizenship for life by entitlement or election as provided by Federal law. (D) Birth in Puerto Rico shall cease to be a basis for United States nationality or citizenship. Individuals born in Puerto Rico to at least one parent who is a citizen of the United States shall be United States citizens at birth, consistent with the immigration laws of the United States, for the duration of the first agreement of the Articles of Free Association. (E) Puerto Rico enters into Articles of Free Association with the United States, with such devolution and reservation of governmental functions and other bilateral arrangements as may be agreed to by both Parties under the Articles, which shall be terminable at will by either the United States or Puerto Rico at any time. (F) Puerto Rico will no longer be a possession of the United States for purposes of the Internal Revenue Code. In general, United States citizens and United States businesses in the nation of Puerto Rico will be subject to United States Federal tax laws (as is the case with any other United States citizen or United States business abroad) and to Puerto Rican tax laws. Puerto Rico’s status as an independent, sovereign nation will be the controlling factor in the taxation of Puerto Rican taxpayers. In addition, Puerto Rico will enter into an agreement with the United States to provide for Sovereignty in Free Association between the two nations. This agreement may modify the otherwise applicable tax rules, subject to negotiation and ratification by the two nations. (G) The Constitution of the United States no longer applies in Puerto Rico, the laws of the United States no longer apply in Puerto Rico except as otherwise provided in the Articles of Free Association, and United States sovereignty in Puerto Rico is ended. (H) All matters pertaining to the government-to-government relationship between Puerto Rico and the United States, which may include foreign affairs, trade, finance, taxation, currency, economic assistance, security and defense, dispute resolution and termination, shall be provided for in the Articles of Free Association. (4) Statehood \nIf you agree, mark here ____. (A) The State of Puerto Rico is admitted into the Union on an equal footing with the other States in all respects whatever and is a part of the permanent union of the United States of America, subject to the United States Constitution, with powers not prohibited by the Constitution to the States and reserved to the State of Puerto Rico or to its residents. (B) The residents of Puerto Rico are fully self-governing with their rights secured under the United States Constitution, which shall be fully applicable in Puerto Rico and which, with the laws and treaties of the United States, is the supreme law and has the same force and effect in Puerto Rico as in the other States of the Union. (C) United States citizenship of those born in Puerto Rico is recognized, protected, and secured under the United States Constitution in the same way such citizenship is for all United States citizens born in the other States. (D) Puerto Rico will no longer be a possession of the United States for purposes of the Internal Revenue Code. Instead, the State of Puerto Rico will become a State on equal footing with each of the current 50 States in the United States of America. Individuals and businesses resident in the State of Puerto Rico will be subject to United States Federal tax laws as well as applicable State tax laws. (c) Implementation of Plebiscite \nThe plebiscites authorized by this section shall be implemented by the Elections Commission, consistent with the laws of Puerto Rico and Federal law. (d) Results \nThe Elections Commission shall inform the President of the United States, the President pro tempore of the United States Senate, the Speaker of the United States House of Representatives, the Senate Committee on Energy and Natural Resources, and the House Committee on Natural Resources of— (1) the results of the initial plebiscite not later than 30 calendar days after the initial plebiscite is held; and (2) the results of the runoff plebiscite, if held, not later than 30 calendar days after the runoff plebiscite is held. (e) Jurisdiction of District Court \nThe United States District Court for the District of Puerto Rico shall have original and exclusive jurisdiction of any civil action alleging a dispute or controversy pertaining to electoral processes conducted under this section.", "id": "H3A7B77C7E15E437D8FB4219A6B1038DC", "header": "Plebiscite", "nested": [ { "text": "(a) In general \n(1) Initial plebiscite \nA plebiscite to resolve Puerto Rico’s political status shall be held on November 2, 2025. (2) Options \nThe plebiscite held under paragraph (1) shall offer eligible voters a choice of one of the three options which shall be presented on the ballot as follows: (A) Independence. (B) Sovereignty in Free Association with the United States. (C) Statehood. (3) Majority vote required \nApproval of a status option must be by a majority of the valid votes cast. (4) Runoff plebiscite \nIf there is not a majority in favor of one of the three options defined in this Act, then a runoff plebiscite shall be held on March 8, 2026, which shall offer eligible voters a choice of the two options that received the most votes in the plebiscite held under paragraph (1).", "id": "HC58C22FDAEBC4D419883F4C74FEA8BF1", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Ballot language \nA ballot for a plebiscite required by subsection (a) shall include the following language, except that the ballot for the runoff plebiscite shall omit the option that received the fewest votes in the initial plebiscite: (1) Instructions \nMark the status option you choose as each is defined below. A ballot with more than 1 option marked will not be counted. A ballot with no option marked will not be counted. (2) Independence \nIf you agree, mark here ____. (A) Puerto Rico is a sovereign nation that has full authority and responsibility over its territory and population under a constitution of its own adoption which shall be the supreme law of the nation. (B) Puerto Rico is vested with full powers and responsibilities consistent with the rights and responsibilities that devolve upon a sovereign nation under international law, including its own fiscal and monetary policy, immigration, trade, and the conduct in its own name and right of relations with other nations and international organizations. (C) Puerto Rico has full authority and responsibility over its citizenship and immigration laws, and birth in Puerto Rico or relationship to persons with statutory United States citizenship by birth in the former territory shall cease to be a basis for United States nationality or citizenship, except that persons who have such United States citizenship have a right to retain United States nationality and citizenship for life, by entitlement or election as provided by Federal law. (D) Puerto Rico will no longer be a possession of the United States for purposes of the Internal Revenue Code. In general, United States citizens and United States businesses in the nation of Puerto Rico will be subject to United States Federal tax laws (as is the case with any other United States citizen or United States business abroad) and to Puerto Rican tax laws. Puerto Rico’s status as an independent, sovereign nation will be the controlling factor in the taxation of Puerto Rican taxpayers. (E) The Constitution and laws of the United States no longer apply in Puerto Rico and United States sovereignty in Puerto Rico is ended. (3) Sovereignty in Free Association with the United States \nIf you agree, mark here ___. (A) Puerto Rico is a sovereign nation that has full authority and responsibility over its territory and population under a constitution of its own adoption which shall be the supreme law of the nation. (B) Puerto Rico is vested with full powers and responsibilities consistent with the rights and responsibilities that devolve upon a sovereign nation under international law, including its own fiscal and monetary policy, immigration, trade, and the conduct in its own name and right of relations with other nations and international organizations, except as otherwise provided for in the Articles of Free Association to be negotiated by Puerto Rico and the United States. (C) Puerto Rico has full authority and responsibility over its citizenship and immigration laws, and persons who have United States citizenship have a right to retain United States nationality and citizenship for life by entitlement or election as provided by Federal law. (D) Birth in Puerto Rico shall cease to be a basis for United States nationality or citizenship. Individuals born in Puerto Rico to at least one parent who is a citizen of the United States shall be United States citizens at birth, consistent with the immigration laws of the United States, for the duration of the first agreement of the Articles of Free Association. (E) Puerto Rico enters into Articles of Free Association with the United States, with such devolution and reservation of governmental functions and other bilateral arrangements as may be agreed to by both Parties under the Articles, which shall be terminable at will by either the United States or Puerto Rico at any time. (F) Puerto Rico will no longer be a possession of the United States for purposes of the Internal Revenue Code. In general, United States citizens and United States businesses in the nation of Puerto Rico will be subject to United States Federal tax laws (as is the case with any other United States citizen or United States business abroad) and to Puerto Rican tax laws. Puerto Rico’s status as an independent, sovereign nation will be the controlling factor in the taxation of Puerto Rican taxpayers. In addition, Puerto Rico will enter into an agreement with the United States to provide for Sovereignty in Free Association between the two nations. This agreement may modify the otherwise applicable tax rules, subject to negotiation and ratification by the two nations. (G) The Constitution of the United States no longer applies in Puerto Rico, the laws of the United States no longer apply in Puerto Rico except as otherwise provided in the Articles of Free Association, and United States sovereignty in Puerto Rico is ended. (H) All matters pertaining to the government-to-government relationship between Puerto Rico and the United States, which may include foreign affairs, trade, finance, taxation, currency, economic assistance, security and defense, dispute resolution and termination, shall be provided for in the Articles of Free Association. (4) Statehood \nIf you agree, mark here ____. (A) The State of Puerto Rico is admitted into the Union on an equal footing with the other States in all respects whatever and is a part of the permanent union of the United States of America, subject to the United States Constitution, with powers not prohibited by the Constitution to the States and reserved to the State of Puerto Rico or to its residents. (B) The residents of Puerto Rico are fully self-governing with their rights secured under the United States Constitution, which shall be fully applicable in Puerto Rico and which, with the laws and treaties of the United States, is the supreme law and has the same force and effect in Puerto Rico as in the other States of the Union. (C) United States citizenship of those born in Puerto Rico is recognized, protected, and secured under the United States Constitution in the same way such citizenship is for all United States citizens born in the other States. (D) Puerto Rico will no longer be a possession of the United States for purposes of the Internal Revenue Code. Instead, the State of Puerto Rico will become a State on equal footing with each of the current 50 States in the United States of America. Individuals and businesses resident in the State of Puerto Rico will be subject to United States Federal tax laws as well as applicable State tax laws.", "id": "H90EF1986A9934022A80714490366CF7B", "header": "Ballot language", "nested": [], "links": [] }, { "text": "(c) Implementation of Plebiscite \nThe plebiscites authorized by this section shall be implemented by the Elections Commission, consistent with the laws of Puerto Rico and Federal law.", "id": "H43A0E89A995B460CB45062E9FD467B97", "header": "Implementation of Plebiscite", "nested": [], "links": [] }, { "text": "(d) Results \nThe Elections Commission shall inform the President of the United States, the President pro tempore of the United States Senate, the Speaker of the United States House of Representatives, the Senate Committee on Energy and Natural Resources, and the House Committee on Natural Resources of— (1) the results of the initial plebiscite not later than 30 calendar days after the initial plebiscite is held; and (2) the results of the runoff plebiscite, if held, not later than 30 calendar days after the runoff plebiscite is held.", "id": "HDFA8373C59434BA2877B07C537304D90", "header": "Results", "nested": [], "links": [] }, { "text": "(e) Jurisdiction of District Court \nThe United States District Court for the District of Puerto Rico shall have original and exclusive jurisdiction of any civil action alleging a dispute or controversy pertaining to electoral processes conducted under this section.", "id": "H48022C9D008342459BE0AF49EB8F41BE", "header": "Jurisdiction of District Court", "nested": [], "links": [] } ], "links": [] }, { "text": "6. Nonpartisan voter education campaign \n(a) In general \nThe Elections Commission shall carry out a nonpartisan voter education campaign through traditional paid media and make available at all voting locations voter education materials related to the plebiscites authorized under this Act consistent with Department of Justice approval under section 7. (b) Voter education materials \nAt a minimum, the voter education materials shall address for each option— (1) international representation; (2) citizenship and immigration; and (3) access and treatment under Federal law and programs.", "id": "H69C778AAB26A467A95B76F9CDB5FB147", "header": "Nonpartisan voter education campaign", "nested": [ { "text": "(a) In general \nThe Elections Commission shall carry out a nonpartisan voter education campaign through traditional paid media and make available at all voting locations voter education materials related to the plebiscites authorized under this Act consistent with Department of Justice approval under section 7.", "id": "H282DFC068AD74F4FBC725F5C4516FE17", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Voter education materials \nAt a minimum, the voter education materials shall address for each option— (1) international representation; (2) citizenship and immigration; and (3) access and treatment under Federal law and programs.", "id": "HFF4BDEE671CC431E8FE7A7E1FFD079FA", "header": "Voter education materials", "nested": [], "links": [] } ], "links": [] }, { "text": "7. Oversight \n(a) Submission of materials \nNot later than 60 days after the date of the enactment of this Act, the Elections Commission shall submit the ballot design and voter education materials for the plebiscites authorized under this Act to the United States Attorney General for review and the Elections Commission shall make not more than one submission of the ballot design and voter education materials to the Attorney General for review. (b) Effect of Failure To comply \nIf the Attorney General fails to comply with subsection (c) within the 45-day period, the ballot design and voter education materials shall be considered approved. (c) Review \nNot later than 45 days after receiving the ballot design and voter education materials under subsection (a), the Attorney General shall review the ballot design and voter education materials to ensure consistency with this Act and to ensure that the three options defined in this Act are represented fairly, especially in the event that any of the three options are not represented on the Elections Commission by a member of a political party that supports such option, and— (1) return the materials to the Elections Commission with comments and instructions for changes; or (2) before the expiration of the 45-day period, inform the Elections Commission that no instructions or requests for changes shall be made under paragraph (1), but that the Attorney General reserves the right to submit instructions for changes in accordance with this section if additional information comes to the attention of the Attorney General during the remainder of the 45-day period. (d) Revision \nNot later than 45 days after receiving comments and instructions for changes from the Attorney General under subsection (c), the Elections Commission shall revise the ballot design and voter education materials as requested by the Attorney General. (e) Election Observers \nThe Elections Commission shall invite national and international election observers to ensure transparency and confidence in the electoral process. Observers shall be present during the initial plebiscite vote and during the runoff plebiscite vote.", "id": "HFB5871042EC54441B4C9B32718C2C533", "header": "Oversight", "nested": [ { "text": "(a) Submission of materials \nNot later than 60 days after the date of the enactment of this Act, the Elections Commission shall submit the ballot design and voter education materials for the plebiscites authorized under this Act to the United States Attorney General for review and the Elections Commission shall make not more than one submission of the ballot design and voter education materials to the Attorney General for review.", "id": "H24AA8B41CE2240FB8C30D4B7A57472F0", "header": "Submission of materials", "nested": [], "links": [] }, { "text": "(b) Effect of Failure To comply \nIf the Attorney General fails to comply with subsection (c) within the 45-day period, the ballot design and voter education materials shall be considered approved.", "id": "H61CE522A71EE4B94B0F0502E48A2E0F7", "header": "Effect of Failure To comply", "nested": [], "links": [] }, { "text": "(c) Review \nNot later than 45 days after receiving the ballot design and voter education materials under subsection (a), the Attorney General shall review the ballot design and voter education materials to ensure consistency with this Act and to ensure that the three options defined in this Act are represented fairly, especially in the event that any of the three options are not represented on the Elections Commission by a member of a political party that supports such option, and— (1) return the materials to the Elections Commission with comments and instructions for changes; or (2) before the expiration of the 45-day period, inform the Elections Commission that no instructions or requests for changes shall be made under paragraph (1), but that the Attorney General reserves the right to submit instructions for changes in accordance with this section if additional information comes to the attention of the Attorney General during the remainder of the 45-day period.", "id": "HCED37825B5DE4CB9B6EB22F140C610A3", "header": "Review", "nested": [], "links": [] }, { "text": "(d) Revision \nNot later than 45 days after receiving comments and instructions for changes from the Attorney General under subsection (c), the Elections Commission shall revise the ballot design and voter education materials as requested by the Attorney General.", "id": "H5D3E72CE9C45427DAD3AAFABC6A0D0FD", "header": "Revision", "nested": [], "links": [] }, { "text": "(e) Election Observers \nThe Elections Commission shall invite national and international election observers to ensure transparency and confidence in the electoral process. Observers shall be present during the initial plebiscite vote and during the runoff plebiscite vote.", "id": "H99AB4C2CA72744D589DD0B53906D3D7B", "header": "Election Observers", "nested": [], "links": [] } ], "links": [] }, { "text": "8. Funds for voter education; plebiscites \n(a) Authorization of appropriations \nThere is authorized to be appropriated such sums as are necessary for the Elections Commission to carry out a nonpartisan voter education campaign and an initial plebiscite and, if necessary, a runoff plebiscite under this Act. (b) Existing funds \nNotwithstanding any provision of Public Law 113–76 , funds made available under such Act to carry out a plebiscite on Puerto Rico’s status shall be made available to carry out this Act.", "id": "HC956D39BA0F240B78E4053D0FD6E0D5B", "header": "Funds for voter education; plebiscites", "nested": [ { "text": "(a) Authorization of appropriations \nThere is authorized to be appropriated such sums as are necessary for the Elections Commission to carry out a nonpartisan voter education campaign and an initial plebiscite and, if necessary, a runoff plebiscite under this Act.", "id": "H2485D5BED44C4513AB80D822845150BD", "header": "Authorization of appropriations", "nested": [], "links": [] }, { "text": "(b) Existing funds \nNotwithstanding any provision of Public Law 113–76 , funds made available under such Act to carry out a plebiscite on Puerto Rico’s status shall be made available to carry out this Act.", "id": "H6AFBF722414642D48EB1C75B9AF60027", "header": "Existing funds", "nested": [], "links": [ { "text": "Public Law 113–76", "legal-doc": "public-law", "parsable-cite": "pl/113/76" } ] } ], "links": [ { "text": "Public Law 113–76", "legal-doc": "public-law", "parsable-cite": "pl/113/76" } ] }, { "text": "9. Bilingual voter educational materials and ballots \nAll voter educational materials and ballots used to carry out this Act shall be made available in English and Spanish.", "id": "H7F5B72DF82E74E7FA6B25F5A982DF444", "header": "Bilingual voter educational materials and ballots", "nested": [], "links": [] }, { "text": "10. Puerto Rico Oversight, Management, and Economic Stability Act \nUpon the admission of the State of Puerto Rico into the Union or on the date that the Government of the nation of Puerto Rico initially takes office: (1) In general \nThe Puerto Rico Oversight, Management, and Economic Stability Act ( 48 U.S.C. 2101 et seq. ) shall no longer apply to the State of Puerto Rico or the nation of Puerto Rico, as the case may be. (2) Oversight board \nThe Financial Oversight and Management Board for Puerto Rico established under section 101(b)(1) of the Puerto Rico Oversight, Management, and Economic Stability Act ( 48 U.S.C. 2121(b)(1) ) is terminated and all duties and responsibilities assigned to the Oversight Board shall return to the State of Puerto Rico or the nation of Puerto Rico, as the case may be. (3) Transfer \nAll funds, property, and assets of the board described in subparagraph (B) shall be transferred to the State of Puerto Rico or the nation of Puerto Rico, as the case may be.", "id": "HC9CE87D109D944309040FF2E08073DFA", "header": "Puerto Rico Oversight, Management, and Economic Stability Act", "nested": [], "links": [ { "text": "48 U.S.C. 2101 et seq.", "legal-doc": "usc", "parsable-cite": "usc/48/2101" }, { "text": "48 U.S.C. 2121(b)(1)", "legal-doc": "usc", "parsable-cite": "usc/48/2121" } ] }, { "text": "11. Severability \nIf any provision of this Act, or any section, subsection, sentence, clause, phrase, or individual word, or the application thereof to any person or circumstance is held invalid by a court of jurisdiction, the validity of the remainder of the Act and of the application of any such provision, section, subsection, sentence, clause, phrase, or individual word to other persons and circumstances shall not be affected thereby.", "id": "H411A05EED702493FA3E172A2291B58A9", "header": "Severability", "nested": [], "links": [] }, { "text": "101. Constitutional convention \n(a) Election of delegates \nNot later than 6 months after the effective date of certification of a plebiscite result under this Act in favor of independence, the legislature of Puerto Rico shall provide for the election of delegates to a constitutional Convention to formulate and draft a Constitution for the nation of Puerto Rico. (b) Eligible voters \nAll eligible voters may vote in the election of delegates to the constitutional Convention. (c) General applicability of electoral law \nThe laws of the territory of Puerto Rico relating to the electoral process shall apply to a special election held under this Act. (d) Initial meeting \nNot later than 3 months after the election of delegates to the constitutional Convention, the elected delegates shall meet at such time and place as the legislature of Puerto Rico shall determine. The initial meeting shall constitute the establishment of the constitutional Convention.", "id": "HAA13DBD50806460D8FCDE38089CFB427", "header": "Constitutional convention", "nested": [ { "text": "(a) Election of delegates \nNot later than 6 months after the effective date of certification of a plebiscite result under this Act in favor of independence, the legislature of Puerto Rico shall provide for the election of delegates to a constitutional Convention to formulate and draft a Constitution for the nation of Puerto Rico.", "id": "HF377AE68DC23412BB69CB414615DF4EB", "header": "Election of delegates", "nested": [], "links": [] }, { "text": "(b) Eligible voters \nAll eligible voters may vote in the election of delegates to the constitutional Convention.", "id": "HD9831627F51A435EA59F24C36F017D3A", "header": "Eligible voters", "nested": [], "links": [] }, { "text": "(c) General applicability of electoral law \nThe laws of the territory of Puerto Rico relating to the electoral process shall apply to a special election held under this Act.", "id": "H68E09115E55140C9939B1998B6C9EC14", "header": "General applicability of electoral law", "nested": [], "links": [] }, { "text": "(d) Initial meeting \nNot later than 3 months after the election of delegates to the constitutional Convention, the elected delegates shall meet at such time and place as the legislature of Puerto Rico shall determine. The initial meeting shall constitute the establishment of the constitutional Convention.", "id": "H7A5A4747F339427CBA317AEF20776513", "header": "Initial meeting", "nested": [], "links": [] } ], "links": [] }, { "text": "102. Character of the constitution \nThe constitutional Convention under section 101 shall formulate and draft a Constitution for Puerto Rico that guarantees the protection of fundamental human rights, including— (1) due process and equal protection under the law; (2) freedom of speech, press, assembly, association, and religion; (3) the rights of the accused; (4) any other economic, social, and cultural rights as the constitutional Convention may deem appropriate and necessary; and (5) provisions to ensure that no individual born in the nation of Puerto Rico shall be stateless at birth.", "id": "HAAEA8CA4515E4C0B8EE6B25AADA86D27", "header": "Character of the constitution", "nested": [], "links": [] }, { "text": "103. Submission; ratification \n(a) Submission \nNot later than one year after the establishment of the constitutional Convention, the Constitution formulated and drafted by the constitutional Convention shall be submitted to the eligible voters of Puerto Rico for ratification or rejection in a special election. (b) Manner of election \nThe special election held under this subsection shall be held in the manner prescribed by the legislature of Puerto Rico.", "id": "HF96F56E48D544E3398E58D466C4ADF25", "header": "Submission; ratification", "nested": [ { "text": "(a) Submission \nNot later than one year after the establishment of the constitutional Convention, the Constitution formulated and drafted by the constitutional Convention shall be submitted to the eligible voters of Puerto Rico for ratification or rejection in a special election.", "id": "HA78452C7A6AA440FBD3CD1DB3DD19761", "header": "Submission", "nested": [], "links": [] }, { "text": "(b) Manner of election \nThe special election held under this subsection shall be held in the manner prescribed by the legislature of Puerto Rico.", "id": "HBF9CA49253924E3898833604947E168E", "header": "Manner of election", "nested": [], "links": [] } ], "links": [] }, { "text": "104. Election of officers \n(a) In general \nNot later than one month after the ratification of the Constitution under section 103, the Governor of the territory of Puerto Rico shall issue a proclamation calling for the election of such officers of the nation of Puerto Rico as may be required by the ratified Constitution. (b) Rejection \nIf the special election results in rejection of the Constitution, the process provided for in sections 101 through 103 shall be repeated, except that section 101(a) shall be applied by substituting— (1) the special election for a plebiscite ; and (2) rejecting of the Constitution for in favor of independence. (c) Deadline; procedures \nThe election under subsection (a) shall be held— (1) not later than 6 months after the date of ratification of the Constitution; and (2) in accordance with the procedures and requirements established in the Constitution of the nation of Puerto Rico. (d) Certification of results \nNot later than 10 days after the election of officers under subsection (a), the Elections Commission shall certify the results of the election. The Governor of the territory of Puerto Rico shall inform the results of the election to the President of the United States, the President pro tempore of the United States Senate, the Speaker of the United States House of Representatives, the Committee on Energy and Natural Resources of the Senate, and the Committee on Natural Resources of the House of Representatives.", "id": "HD2A7EA4D7C75432AA75655CD1AD415AE", "header": "Election of officers", "nested": [ { "text": "(a) In general \nNot later than one month after the ratification of the Constitution under section 103, the Governor of the territory of Puerto Rico shall issue a proclamation calling for the election of such officers of the nation of Puerto Rico as may be required by the ratified Constitution.", "id": "H11E0E04DBE0F4F9687A5578F0A3B7D46", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Rejection \nIf the special election results in rejection of the Constitution, the process provided for in sections 101 through 103 shall be repeated, except that section 101(a) shall be applied by substituting— (1) the special election for a plebiscite ; and (2) rejecting of the Constitution for in favor of independence.", "id": "HB875D9281CE341B7A1426F6C54575A3E", "header": "Rejection", "nested": [], "links": [] }, { "text": "(c) Deadline; procedures \nThe election under subsection (a) shall be held— (1) not later than 6 months after the date of ratification of the Constitution; and (2) in accordance with the procedures and requirements established in the Constitution of the nation of Puerto Rico.", "id": "HCACD2C8A346E430DB2F6AC1D73598C79", "header": "Deadline; procedures", "nested": [], "links": [] }, { "text": "(d) Certification of results \nNot later than 10 days after the election of officers under subsection (a), the Elections Commission shall certify the results of the election. The Governor of the territory of Puerto Rico shall inform the results of the election to the President of the United States, the President pro tempore of the United States Senate, the Speaker of the United States House of Representatives, the Committee on Energy and Natural Resources of the Senate, and the Committee on Natural Resources of the House of Representatives.", "id": "H5D12FE973CB4442DBD19906E4AEAFAA9", "header": "Certification of results", "nested": [], "links": [] } ], "links": [] }, { "text": "105. Conforming amendments to existing law \n(a) Review \nNot later than 30 days after the initial meeting of a constitutional Convention under section 101(d), the President shall initiate a review of Federal law with respect to Puerto Rico, including those regarding— (1) taxation of persons and businesses; (2) health care; (3) housing; (4) transportation; (5) education; and (6) entitlement programs. (b) Recommendations \nNot later than one year after the date on which the President initiates a review under subsection (a), the President shall submit recommendations to Congress for changes to Federal law identified during such review, as the President deems appropriate.", "id": "HD8C17326737B4D31B44A007D4552666B", "header": "Conforming amendments to existing law", "nested": [ { "text": "(a) Review \nNot later than 30 days after the initial meeting of a constitutional Convention under section 101(d), the President shall initiate a review of Federal law with respect to Puerto Rico, including those regarding— (1) taxation of persons and businesses; (2) health care; (3) housing; (4) transportation; (5) education; and (6) entitlement programs.", "id": "H642CA7BBABF34B14AA42D7E0EB2820D7", "header": "Review", "nested": [], "links": [] }, { "text": "(b) Recommendations \nNot later than one year after the date on which the President initiates a review under subsection (a), the President shall submit recommendations to Congress for changes to Federal law identified during such review, as the President deems appropriate.", "id": "H74759F21853A4DBA994522952EE86849", "header": "Recommendations", "nested": [], "links": [] } ], "links": [] }, { "text": "106. Joint Transition Commission \n(a) Appointment \nNot later than 3 months after the establishment of a constitutional Convention under section 101(d), a Joint Transition Commission shall be appointed in equal numbers by the President of the United States and the presiding officer of the Constitutional Convention of Puerto Rico. (b) Duties \nThe Joint Transition Commission shall be responsible for expediting the orderly transfer of all functions currently exercised by the Federal Government in Puerto Rico, or in relation to Puerto Rico to the nation of Puerto Rico, and shall recommend to Congress any appropriate legislation to carry out such transfer. (c) Collaboration \nThe Government of the territory of Puerto Rico and the agencies of the Government of the United States shall collaborate with the Joint Transition Commission and subsequently the officers of the nation of Puerto Rico, to provide for the orderly transfer of the functions under subsection (b).", "id": "H4B4F737B8D35498BA6241E9CF755B04C", "header": "Joint Transition Commission", "nested": [ { "text": "(a) Appointment \nNot later than 3 months after the establishment of a constitutional Convention under section 101(d), a Joint Transition Commission shall be appointed in equal numbers by the President of the United States and the presiding officer of the Constitutional Convention of Puerto Rico.", "id": "H8B2311CF27854197AD8AB2D1CD7B21A8", "header": "Appointment", "nested": [], "links": [] }, { "text": "(b) Duties \nThe Joint Transition Commission shall be responsible for expediting the orderly transfer of all functions currently exercised by the Federal Government in Puerto Rico, or in relation to Puerto Rico to the nation of Puerto Rico, and shall recommend to Congress any appropriate legislation to carry out such transfer.", "id": "H34159F43638249E5BCF4D15A206EF20C", "header": "Duties", "nested": [], "links": [] }, { "text": "(c) Collaboration \nThe Government of the territory of Puerto Rico and the agencies of the Government of the United States shall collaborate with the Joint Transition Commission and subsequently the officers of the nation of Puerto Rico, to provide for the orderly transfer of the functions under subsection (b).", "id": "H8FC941BE08F44615B038C7C0F80AE70D", "header": "Collaboration", "nested": [], "links": [] } ], "links": [] }, { "text": "107. Proclamations by President of the United States; Head of State of Puerto Rico \n(a) Proclamation \nNot later than one month after the official certification of the elected officers of the nation of Puerto Rico under section 104(d), the President of the United States shall by proclamation— (1) withdraw and surrender all rights of possession, supervision, jurisdiction, control, or sovereignty then existing and exercised by the United States over the territory and residents of Puerto Rico; (2) recognize, on behalf of the United States of America, the independence of the nation of Puerto Rico and the authority of the government instituted by eligible voters of Puerto Rico under the Constitution of their own adoption; and (3) state that the effective date of withdrawal of the sovereignty of the United States and recognition of independence shall be the same as the date of the proclamation. (b) Copy of Proclamation forwarded \nThe President of the United States shall forward a copy of the proclamation issued under subsection (a) not later than one week after signature to the presiding officer of the Constitutional Convention of Puerto Rico, the officer elected as head of state of the nation, the President pro tempore of the United States Senate, the Speaker of the United States House of Representatives, the Senate Committee on Energy and Natural Resources, and the House Committee on Natural Resources. (c) Date Government To Take Office \nNot later than one week after the date of receipt of the Presidential proclamation and with the advice of the officer elected as head of state of the nation, the presiding officer of the constitutional Convention shall determine the date on which the Government of the nation shall take office, and shall so notify the Governor of the territory of Puerto Rico, the President of the United States, the President pro tempore of the United States Senate, and the Speaker of the United States House of Representatives.", "id": "HC5E8658369BD4505A3AA2897EE7D8B93", "header": "Proclamations by President of the United States; Head of State of Puerto Rico", "nested": [ { "text": "(a) Proclamation \nNot later than one month after the official certification of the elected officers of the nation of Puerto Rico under section 104(d), the President of the United States shall by proclamation— (1) withdraw and surrender all rights of possession, supervision, jurisdiction, control, or sovereignty then existing and exercised by the United States over the territory and residents of Puerto Rico; (2) recognize, on behalf of the United States of America, the independence of the nation of Puerto Rico and the authority of the government instituted by eligible voters of Puerto Rico under the Constitution of their own adoption; and (3) state that the effective date of withdrawal of the sovereignty of the United States and recognition of independence shall be the same as the date of the proclamation.", "id": "H2DB2670ED95746D2912557392554ABD3", "header": "Proclamation", "nested": [], "links": [] }, { "text": "(b) Copy of Proclamation forwarded \nThe President of the United States shall forward a copy of the proclamation issued under subsection (a) not later than one week after signature to the presiding officer of the Constitutional Convention of Puerto Rico, the officer elected as head of state of the nation, the President pro tempore of the United States Senate, the Speaker of the United States House of Representatives, the Senate Committee on Energy and Natural Resources, and the House Committee on Natural Resources.", "id": "H71FFCDBE560F4C59A4849B559C250C0A", "header": "Copy of Proclamation forwarded", "nested": [], "links": [] }, { "text": "(c) Date Government To Take Office \nNot later than one week after the date of receipt of the Presidential proclamation and with the advice of the officer elected as head of state of the nation, the presiding officer of the constitutional Convention shall determine the date on which the Government of the nation shall take office, and shall so notify the Governor of the territory of Puerto Rico, the President of the United States, the President pro tempore of the United States Senate, and the Speaker of the United States House of Representatives.", "id": "HB6751E2CF00345C19C7B6F678148AF06", "header": "Date Government To Take Office", "nested": [], "links": [] } ], "links": [] }, { "text": "108. Legal and constitutional provisions \nUpon the proclamation of independence as provided in this title, and except as otherwise provided in this title or in any separate agreements thereafter concluded between the United States and the nation of Puerto Rico— (1) all property, rights, and interests which the United States may have acquired over Puerto Rico by virtue of the Treaty of Paris of 1898, and thereafter by cession, purchase, or eminent domain, with the exception of such land and other property, rights, or interests as may have been sold or otherwise legally disposed of prior to the proclamation of Independence, shall vest ipso facto in the nation of Puerto Rico; and (2) except as provided in section 110, all laws of the United States applicable to the territory of Puerto Rico immediately prior to the proclamation of Independence shall no longer apply in the nation of Puerto Rico.", "id": "H96C471919FCC4FABB4A66EDA9162754C", "header": "Legal and constitutional provisions", "nested": [], "links": [] }, { "text": "109. Judicial pronouncements \n(a) Judgments before proclamation \nThe nation of Puerto Rico shall recognize and give effect to all orders and judgments rendered by United States or territorial courts before the date of the proclamation of independence pursuant to the laws of the United States then applicable to the territory of Puerto Rico. (b) Continuity of pending proceedings \nAll judicial proceedings pending in the courts of the territory of Puerto Rico on the day of the proclamation of independence shall be continued in the corresponding courts under the Constitution of the nation of Puerto Rico. (c) Transfer of judicial power \nUpon the proclamation of independence, the judicial power of the United States shall no longer extend to Puerto Rico. All proceedings pending in the United States District Court for the District of Puerto Rico shall be transferred to the corresponding Puerto Rican courts of competence or other competent judicial authority under the Constitution of the nation of Puerto Rico for disposition in conformity with laws applicable at the time when the controversy in process arose. All proceedings pending in the United States Court of Appeals for the First Circuit, or in the Supreme Court of the United States, that initiated in, or that could have been initiated in, the courts of the territory or in the United States District Court for the District of Puerto Rico shall continue until their final disposition and shall be submitted to the competent authority of the nation of Puerto Rico for proper execution: Provided , That neither the United States nor any of its officers is a party, in which case any final judgment shall be properly executed by the competent authority of the United States.", "id": "H9ADD4C949B3B4C3DA6BA3F7F42887347", "header": "Judicial pronouncements", "nested": [ { "text": "(a) Judgments before proclamation \nThe nation of Puerto Rico shall recognize and give effect to all orders and judgments rendered by United States or territorial courts before the date of the proclamation of independence pursuant to the laws of the United States then applicable to the territory of Puerto Rico.", "id": "HAAA154869E9D4E18A76FA8F3BAF78898", "header": "Judgments before proclamation", "nested": [], "links": [] }, { "text": "(b) Continuity of pending proceedings \nAll judicial proceedings pending in the courts of the territory of Puerto Rico on the day of the proclamation of independence shall be continued in the corresponding courts under the Constitution of the nation of Puerto Rico.", "id": "H75562A11692941CB9B12AC9B3B9D0E8C", "header": "Continuity of pending proceedings", "nested": [], "links": [] }, { "text": "(c) Transfer of judicial power \nUpon the proclamation of independence, the judicial power of the United States shall no longer extend to Puerto Rico. All proceedings pending in the United States District Court for the District of Puerto Rico shall be transferred to the corresponding Puerto Rican courts of competence or other competent judicial authority under the Constitution of the nation of Puerto Rico for disposition in conformity with laws applicable at the time when the controversy in process arose. All proceedings pending in the United States Court of Appeals for the First Circuit, or in the Supreme Court of the United States, that initiated in, or that could have been initiated in, the courts of the territory or in the United States District Court for the District of Puerto Rico shall continue until their final disposition and shall be submitted to the competent authority of the nation of Puerto Rico for proper execution: Provided , That neither the United States nor any of its officers is a party, in which case any final judgment shall be properly executed by the competent authority of the United States.", "id": "H55DF323ECC7B4145B9BA1496F00391CF", "header": "Transfer of judicial power", "nested": [], "links": [] } ], "links": [] }, { "text": "110. Citizenship and immigration laws after Puerto Rican independence \n(a) In general \n(1) Puerto rican nationality \nAfter the effective date of independence, the citizenship status of each individual born in Puerto Rico shall be determined in accordance with the Constitution and laws of the nation of Puerto Rico. (2) United states immigration laws \nExcept as described in this section, after the effective date of independence citizens of Puerto Rico seeking to enter into the United States or obtain citizenship in the United States shall be subject to the immigration laws of the United States (as such term is defined in section 101 of the Immigration and Nationality Act ( 8 U.S.C. 1101 )). (b) Effect of puerto rican citizenship \nNothing in this Act precludes or limits the applicability of section 349 of the Immigration and Nationality Act ( 8 U.S.C. 1481 ), except that the provision of citizenship by the laws of Puerto Rico shall not constitute or otherwise serve as the basis of loss, or relinquishment of United States citizenship under such section. (c) Citizenship at birth after independence \nAn individual born in Puerto Rico after the effective date of independence to at least one parent who became a United States citizen under section 302 of the Immigration and Nationality Act ( 8 U.S.C. 1402 ) is not a United States citizen at birth under subsection (c), (d), or (g) of section 301 of the Immigration and Nationality Act ( 8 U.S.C. 1401(c) , (d), or (g)). (d) Travel and work authorization \n(1) Any person in the following categories may enter, lawfully engage in occupations, and establish residence as a nonimmigrant in the United States and its territories and possessions without regard to paragraphs (5)(A) and (7) of section 212(a) of the Immigration and Nationality Act ( 8 U.S.C. 1182(a) ; (5)(A) and (7))— (A) a person who acquires the citizenship of Puerto Rico, at birth, on or after the effective date of independence; or (B) a naturalized citizen of Puerto Rico, who has been an actual resident there for not less than five years after attaining such naturalization and who holds a proof of such residence. Such persons shall be considered to have the permission of the Secretary of Homeland Security to accept employment in the United States. (2) The right of such persons to establish habitual residence in a territory or possession of the United States may, however, be subjected to nondiscriminatory limitations provided for— (A) in statutes or regulations of the United States; or (B) in those statutes or regulations of the territory or possession concerned which are authorized by the laws of the United States. (3) This subsection shall expire 25 years after the date of independence. (e) Conforming amendments \n(1) In general \nSection 101 of the Immigration and Nationality Act ( 8 U.S.C. 1101 ) is amended by striking Puerto Rico, in subsection (a) paragraph (36) and in subsection (a) paragraph (38). (2) Prior to independence \nPuerto Rico shall be considered to be in the United States, as such term is defined in section 101(a)(38) of the Immigration and Nationality Act ( 8 U.S.C. 1101(a)(38) ) prior to the effective date of independence. (f) Rule of Construction \nNothing in this section shall limit the power and authority of the United States to change policy requirements for United States citizenship.", "id": "H1B4F8B7C9DB84D33A1E54424A29FF3B7", "header": "Citizenship and immigration laws after Puerto Rican independence", "nested": [ { "text": "(a) In general \n(1) Puerto rican nationality \nAfter the effective date of independence, the citizenship status of each individual born in Puerto Rico shall be determined in accordance with the Constitution and laws of the nation of Puerto Rico. (2) United states immigration laws \nExcept as described in this section, after the effective date of independence citizens of Puerto Rico seeking to enter into the United States or obtain citizenship in the United States shall be subject to the immigration laws of the United States (as such term is defined in section 101 of the Immigration and Nationality Act ( 8 U.S.C. 1101 )).", "id": "H25464798BD724B19A575FEC5EF52FBE3", "header": "In general", "nested": [], "links": [ { "text": "8 U.S.C. 1101", "legal-doc": "usc", "parsable-cite": "usc/8/1101" } ] }, { "text": "(b) Effect of puerto rican citizenship \nNothing in this Act precludes or limits the applicability of section 349 of the Immigration and Nationality Act ( 8 U.S.C. 1481 ), except that the provision of citizenship by the laws of Puerto Rico shall not constitute or otherwise serve as the basis of loss, or relinquishment of United States citizenship under such section.", "id": "H7B4501185862489FBE9E0C0590073C2D", "header": "Effect of puerto rican citizenship", "nested": [], "links": [ { "text": "8 U.S.C. 1481", "legal-doc": "usc", "parsable-cite": "usc/8/1481" } ] }, { "text": "(c) Citizenship at birth after independence \nAn individual born in Puerto Rico after the effective date of independence to at least one parent who became a United States citizen under section 302 of the Immigration and Nationality Act ( 8 U.S.C. 1402 ) is not a United States citizen at birth under subsection (c), (d), or (g) of section 301 of the Immigration and Nationality Act ( 8 U.S.C. 1401(c) , (d), or (g)).", "id": "H600121BE1D2848FDAB1AFB3A1B9D91A9", "header": "Citizenship at birth after independence", "nested": [], "links": [ { "text": "8 U.S.C. 1402", "legal-doc": "usc", "parsable-cite": "usc/8/1402" }, { "text": "8 U.S.C. 1401(c)", "legal-doc": "usc", "parsable-cite": "usc/8/1401" } ] }, { "text": "(d) Travel and work authorization \n(1) Any person in the following categories may enter, lawfully engage in occupations, and establish residence as a nonimmigrant in the United States and its territories and possessions without regard to paragraphs (5)(A) and (7) of section 212(a) of the Immigration and Nationality Act ( 8 U.S.C. 1182(a) ; (5)(A) and (7))— (A) a person who acquires the citizenship of Puerto Rico, at birth, on or after the effective date of independence; or (B) a naturalized citizen of Puerto Rico, who has been an actual resident there for not less than five years after attaining such naturalization and who holds a proof of such residence. Such persons shall be considered to have the permission of the Secretary of Homeland Security to accept employment in the United States. (2) The right of such persons to establish habitual residence in a territory or possession of the United States may, however, be subjected to nondiscriminatory limitations provided for— (A) in statutes or regulations of the United States; or (B) in those statutes or regulations of the territory or possession concerned which are authorized by the laws of the United States. (3) This subsection shall expire 25 years after the date of independence.", "id": "H463F20E416B34870BD1C623034DE863E", "header": "Travel and work authorization", "nested": [], "links": [ { "text": "8 U.S.C. 1182(a)", "legal-doc": "usc", "parsable-cite": "usc/8/1182" } ] }, { "text": "(e) Conforming amendments \n(1) In general \nSection 101 of the Immigration and Nationality Act ( 8 U.S.C. 1101 ) is amended by striking Puerto Rico, in subsection (a) paragraph (36) and in subsection (a) paragraph (38). (2) Prior to independence \nPuerto Rico shall be considered to be in the United States, as such term is defined in section 101(a)(38) of the Immigration and Nationality Act ( 8 U.S.C. 1101(a)(38) ) prior to the effective date of independence.", "id": "HE6FE022C50A843E5B2202BA3BE29DFC5", "header": "Conforming amendments", "nested": [], "links": [ { "text": "8 U.S.C. 1101", "legal-doc": "usc", "parsable-cite": "usc/8/1101" }, { "text": "8 U.S.C. 1101(a)(38)", "legal-doc": "usc", "parsable-cite": "usc/8/1101" } ] }, { "text": "(f) Rule of Construction \nNothing in this section shall limit the power and authority of the United States to change policy requirements for United States citizenship.", "id": "H7A8D4DE0F1634257B1FF68A13EE008E0", "header": "Rule of Construction", "nested": [], "links": [] } ], "links": [ { "text": "8 U.S.C. 1101", "legal-doc": "usc", "parsable-cite": "usc/8/1101" }, { "text": "8 U.S.C. 1481", "legal-doc": "usc", "parsable-cite": "usc/8/1481" }, { "text": "8 U.S.C. 1402", "legal-doc": "usc", "parsable-cite": "usc/8/1402" }, { "text": "8 U.S.C. 1401(c)", "legal-doc": "usc", "parsable-cite": "usc/8/1401" }, { "text": "8 U.S.C. 1182(a)", "legal-doc": "usc", "parsable-cite": "usc/8/1182" }, { "text": "8 U.S.C. 1101", "legal-doc": "usc", "parsable-cite": "usc/8/1101" }, { "text": "8 U.S.C. 1101(a)(38)", "legal-doc": "usc", "parsable-cite": "usc/8/1101" } ] }, { "text": "111. Individual rights to economic benefits and grants \n(a) Rights and benefits \nAll vested rights and benefits which accrue to residents of the territory of Puerto Rico under the laws of the United States from past services or contributions, such as rights and benefits for veterans or relatives of veterans of the Armed Forces of the United States, retired Government employees, or beneficiaries of old age, disability, or survivors’ insurance benefits under the Social Security Act, shall not be interrupted after the proclamation of independence but will continue until such time as said rights and benefits are completely extinguished according to the applicable laws of the United States. All services which must be rendered as part of these rights and benefits shall be made available through the Government of the nation of Puerto Rico in accordance with agreements reached by the two nations. (b) Social Security System \nNotwithstanding the provisions in subsection (a), all contributions made by employees and employers in Puerto Rico to the Social Security system with respect to persons who, upon the proclamation of independence, are residents of the nation of Puerto Rico and are not yet eligible for old age, disability, or survivors’ insurance benefits under the system, shall be transferred to the Government of the nation of Puerto Rico once said Government establishes its own social security system. The Government of the nation of Puerto Rico may not use these funds for any purpose other than the establishment and operation of a social security system. Upon the transfer described herein, the obligations of the United States Government under the Social Security Act with respect to such residents of the nation of Puerto Rico shall cease. (c) Other Federal transfer payments \n(1) Block grants \nAll other Federal transfer payments to individuals and to the Government of the territory of Puerto Rico shall be maintained in the form of annual block grants to be used discretionally by the Government of the nation of Puerto Rico. (2) Annual aggregate funding \nDuring the ten fiscal years following the proclamation of independence, the annual block grants shall amount to the annual aggregate funding of all programs which currently extend to the territory of Puerto Rico, or of all programs which shall have been extended to the territory of Puerto Rico during the fiscal year immediately prior to the proclamation of independence, whichever shall be greater. (3) Decrease in amount \nThe annual block grants shall decrease thereafter on a straight-line basis, at the rate of ten percent each year, beginning on the eleventh fiscal year after the proclamation of independence. At any time during the aforementioned transition period the terms of this subsection may be modified by agreement between the United States and the nation of Puerto Rico.", "id": "H101C1350F0234B23A17141C895401DC2", "header": "Individual rights to economic benefits and grants", "nested": [ { "text": "(a) Rights and benefits \nAll vested rights and benefits which accrue to residents of the territory of Puerto Rico under the laws of the United States from past services or contributions, such as rights and benefits for veterans or relatives of veterans of the Armed Forces of the United States, retired Government employees, or beneficiaries of old age, disability, or survivors’ insurance benefits under the Social Security Act, shall not be interrupted after the proclamation of independence but will continue until such time as said rights and benefits are completely extinguished according to the applicable laws of the United States. All services which must be rendered as part of these rights and benefits shall be made available through the Government of the nation of Puerto Rico in accordance with agreements reached by the two nations.", "id": "H50C90C446435493F999580E98D4E8C36", "header": "Rights and benefits", "nested": [], "links": [] }, { "text": "(b) Social Security System \nNotwithstanding the provisions in subsection (a), all contributions made by employees and employers in Puerto Rico to the Social Security system with respect to persons who, upon the proclamation of independence, are residents of the nation of Puerto Rico and are not yet eligible for old age, disability, or survivors’ insurance benefits under the system, shall be transferred to the Government of the nation of Puerto Rico once said Government establishes its own social security system. The Government of the nation of Puerto Rico may not use these funds for any purpose other than the establishment and operation of a social security system. Upon the transfer described herein, the obligations of the United States Government under the Social Security Act with respect to such residents of the nation of Puerto Rico shall cease.", "id": "H65BC560A4E444BCC8EB5671AE2F6F28C", "header": "Social Security System", "nested": [], "links": [] }, { "text": "(c) Other Federal transfer payments \n(1) Block grants \nAll other Federal transfer payments to individuals and to the Government of the territory of Puerto Rico shall be maintained in the form of annual block grants to be used discretionally by the Government of the nation of Puerto Rico. (2) Annual aggregate funding \nDuring the ten fiscal years following the proclamation of independence, the annual block grants shall amount to the annual aggregate funding of all programs which currently extend to the territory of Puerto Rico, or of all programs which shall have been extended to the territory of Puerto Rico during the fiscal year immediately prior to the proclamation of independence, whichever shall be greater. (3) Decrease in amount \nThe annual block grants shall decrease thereafter on a straight-line basis, at the rate of ten percent each year, beginning on the eleventh fiscal year after the proclamation of independence. At any time during the aforementioned transition period the terms of this subsection may be modified by agreement between the United States and the nation of Puerto Rico.", "id": "HF7C4032AEAE7456EA14488433E7C1745", "header": "Other Federal transfer payments", "nested": [], "links": [] } ], "links": [] }, { "text": "201. Constitutional convention \n(a) Election of delegates \nNot later than 6 months after the effective date of certification of a plebiscite result under this Act in favor of Sovereignty in Free Association with the United States, the legislature of Puerto Rico shall provide for the election of delegates to a constitutional Convention to formulate and draft a Constitution for the nation of Puerto Rico. (b) Eligible voters \nAll eligible voters may vote in the election of delegates to the constitutional Convention. (c) General applicability of electoral law \nThe laws of the territory of Puerto Rico relating to the electoral process shall apply to a special election held under this Act. (d) Initial meeting \nNot later than 3 months after the election of delegates to the constitutional Convention, the elected delegates shall meet at such time and place as the legislature of Puerto Rico shall determine. The initial meeting shall constitute the establishment of the constitutional Convention.", "id": "HD3607C6F482246FEB2D5BEF10315F1EE", "header": "Constitutional convention", "nested": [ { "text": "(a) Election of delegates \nNot later than 6 months after the effective date of certification of a plebiscite result under this Act in favor of Sovereignty in Free Association with the United States, the legislature of Puerto Rico shall provide for the election of delegates to a constitutional Convention to formulate and draft a Constitution for the nation of Puerto Rico.", "id": "HA98CDA2716B14889A3F291D262761527", "header": "Election of delegates", "nested": [], "links": [] }, { "text": "(b) Eligible voters \nAll eligible voters may vote in the election of delegates to the constitutional Convention.", "id": "H4A3B2B250E20473FBAC0434DF37E0273", "header": "Eligible voters", "nested": [], "links": [] }, { "text": "(c) General applicability of electoral law \nThe laws of the territory of Puerto Rico relating to the electoral process shall apply to a special election held under this Act.", "id": "H540653F9A5C24C218BB06B0FA00B5AF3", "header": "General applicability of electoral law", "nested": [], "links": [] }, { "text": "(d) Initial meeting \nNot later than 3 months after the election of delegates to the constitutional Convention, the elected delegates shall meet at such time and place as the legislature of Puerto Rico shall determine. The initial meeting shall constitute the establishment of the constitutional Convention.", "id": "H0B4692929F7244A289AD0C440348D03A", "header": "Initial meeting", "nested": [], "links": [] } ], "links": [] }, { "text": "202. Character of the constitution \nThe constitutional Convention under section 201 shall formulate and draft a Constitution for Puerto Rico that guarantees the protection of fundamental human rights, including— (1) due process and equal protection under the law; (2) freedom of speech, press, assembly, association, and religion; (3) the rights of the accused; (4) any other economic, social, and cultural rights as the constitutional Convention may deem appropriate and necessary; and (5) provisions to ensure that no individual born in the nation of Puerto Rico shall be stateless at birth.", "id": "H93779918FC664F7DB1A0A5D9A0DAEE19", "header": "Character of the constitution", "nested": [], "links": [] }, { "text": "203. Submission; ratification \n(a) Submission \nNot later than 2 years after the establishment of the constitutional Convention, the Constitution formulated and drafted by the constitutional Convention shall be submitted to the eligible voters of Puerto Rico for ratification or rejection in a special election. (b) Manner of election \nThe special election held under this subsection shall be held in the manner prescribed by the legislature of Puerto Rico.", "id": "H54CE5D5809EA42BA876C55A64006BB0B", "header": "Submission; ratification", "nested": [ { "text": "(a) Submission \nNot later than 2 years after the establishment of the constitutional Convention, the Constitution formulated and drafted by the constitutional Convention shall be submitted to the eligible voters of Puerto Rico for ratification or rejection in a special election.", "id": "H058F0EC4FA2F428C82E8DCBF7A179029", "header": "Submission", "nested": [], "links": [] }, { "text": "(b) Manner of election \nThe special election held under this subsection shall be held in the manner prescribed by the legislature of Puerto Rico.", "id": "H4AFF3E5D4A0A422CA7CC52E228C79A4B", "header": "Manner of election", "nested": [], "links": [] } ], "links": [] }, { "text": "204. Election of officers \n(a) In general \nNot later than one month after the ratification of the Constitution under section 203, the Governor of the territory of Puerto Rico shall issue a proclamation calling for the election of such officers of the nation of Puerto Rico as may be required by the ratified Constitution. (b) Rejection \nIf the special election results in rejection of the Constitution, the process provided for in sections 201 through 203 shall be repeated, except that section 201(a) shall be applied by substituting— (1) the special election for a plebiscite ; and (2) rejecting the Constitution for in favor of sovereignty in free association with the United States. (c) Deadline; procedures \nThe election under subsection (a) shall be held— (1) not later than 6 months after the date of ratification of the Constitution; and (2) in accordance with the procedures and requirements established in the Constitution of the nation of Puerto Rico. (d) Certification of results \nNot later than 10 days after the election of officers under subsection (a), the Elections Commission shall certify the results of the election. The Governor of the territory of Puerto Rico shall inform the results of the election to the President of the United States, the President pro tempore of the United States Senate, the Speaker of the United States House of Representatives, the Committee on Energy and Natural Resources of the Senate, and the Committee on Natural Resources of the House of Representatives.", "id": "H96E110B6C9BC4F67803053F23A8530A5", "header": "Election of officers", "nested": [ { "text": "(a) In general \nNot later than one month after the ratification of the Constitution under section 203, the Governor of the territory of Puerto Rico shall issue a proclamation calling for the election of such officers of the nation of Puerto Rico as may be required by the ratified Constitution.", "id": "HC851CFB8D3654D7292B46A8BAE179B42", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Rejection \nIf the special election results in rejection of the Constitution, the process provided for in sections 201 through 203 shall be repeated, except that section 201(a) shall be applied by substituting— (1) the special election for a plebiscite ; and (2) rejecting the Constitution for in favor of sovereignty in free association with the United States.", "id": "HDAEFE67FC7944B8687CE768A9B725036", "header": "Rejection", "nested": [], "links": [] }, { "text": "(c) Deadline; procedures \nThe election under subsection (a) shall be held— (1) not later than 6 months after the date of ratification of the Constitution; and (2) in accordance with the procedures and requirements established in the Constitution of the nation of Puerto Rico.", "id": "H69457C0BE0554108BCD1919E83CC2E5D", "header": "Deadline; procedures", "nested": [], "links": [] }, { "text": "(d) Certification of results \nNot later than 10 days after the election of officers under subsection (a), the Elections Commission shall certify the results of the election. The Governor of the territory of Puerto Rico shall inform the results of the election to the President of the United States, the President pro tempore of the United States Senate, the Speaker of the United States House of Representatives, the Committee on Energy and Natural Resources of the Senate, and the Committee on Natural Resources of the House of Representatives.", "id": "H19D58205078046D8B80E81FD85DB4A0D", "header": "Certification of results", "nested": [], "links": [] } ], "links": [] }, { "text": "205. Proclamations by President of the United States; Head of State of Puerto Rico \n(a) Proclamation \nNot later than one month after the official certification of the elected officers of the nation of Puerto Rico under section 204, the President of the United States shall by proclamation— (1) withdraw and surrender all rights of possession, supervision, jurisdiction, control, or sovereignty then existing and exercised by the United States over the territory and residents of Puerto Rico; (2) recognize, on behalf of the United States of America, the international sovereignty through free association of the nation of Puerto Rico and the authority of the government instituted by eligible voters of Puerto Rico under the Constitution of their own adoption; and (3) state that the effective date of withdrawal of the sovereignty of the United States and recognition of international sovereignty through free association shall be the same as the date of the proclamation. (b) Copy of proclamation forwarded \nThe President of the United States shall forward a copy of the proclamation issued under subsection (a) not later than one week after signature to the presiding officer of the Constitutional Convention of Puerto Rico, the officer elected as head of state of the nation, the President pro tempore of the United States Senate, the Speaker of the United States House of Representatives, the Senate Committee on Energy and Natural Resources, and the House Committee on Natural Resources. (c) Date Government To Take Office \nNot later than one week after the date of receipt of the Presidential proclamation and with the advice of the officer elected as head of state of the nation, the presiding officer of the constitutional Convention shall determine the date on which the Government of the nation shall take office, and shall so notify the Governor of the territory of Puerto Rico, the President of the United States, the President pro tempore of the United States Senate, and the Speaker of the United States House of Representatives.", "id": "H850907DB22CF4754BA38BE21E5EDC84E", "header": "Proclamations by President of the United States; Head of State of Puerto Rico", "nested": [ { "text": "(a) Proclamation \nNot later than one month after the official certification of the elected officers of the nation of Puerto Rico under section 204, the President of the United States shall by proclamation— (1) withdraw and surrender all rights of possession, supervision, jurisdiction, control, or sovereignty then existing and exercised by the United States over the territory and residents of Puerto Rico; (2) recognize, on behalf of the United States of America, the international sovereignty through free association of the nation of Puerto Rico and the authority of the government instituted by eligible voters of Puerto Rico under the Constitution of their own adoption; and (3) state that the effective date of withdrawal of the sovereignty of the United States and recognition of international sovereignty through free association shall be the same as the date of the proclamation.", "id": "HDF73C10C565546A0ABE394CFF26F5EA1", "header": "Proclamation", "nested": [], "links": [] }, { "text": "(b) Copy of proclamation forwarded \nThe President of the United States shall forward a copy of the proclamation issued under subsection (a) not later than one week after signature to the presiding officer of the Constitutional Convention of Puerto Rico, the officer elected as head of state of the nation, the President pro tempore of the United States Senate, the Speaker of the United States House of Representatives, the Senate Committee on Energy and Natural Resources, and the House Committee on Natural Resources.", "id": "H36159A3306E04316A0D556F9306620E8", "header": "Copy of proclamation forwarded", "nested": [], "links": [] }, { "text": "(c) Date Government To Take Office \nNot later than one week after the date of receipt of the Presidential proclamation and with the advice of the officer elected as head of state of the nation, the presiding officer of the constitutional Convention shall determine the date on which the Government of the nation shall take office, and shall so notify the Governor of the territory of Puerto Rico, the President of the United States, the President pro tempore of the United States Senate, and the Speaker of the United States House of Representatives.", "id": "H1900E54920F44B3291E1FA0407FA8371", "header": "Date Government To Take Office", "nested": [], "links": [] } ], "links": [] }, { "text": "206. Legal and constitutional provisions \nUpon the proclamation of international sovereignty through free association as provided in this title, and except as otherwise provided in this title or in any separate agreements thereafter concluded between the United States and the nation of Puerto Rico— (1) all property, rights, and interests which the United States may have acquired over Puerto Rico by virtue of the Treaty of Paris of 1898, and thereafter by cession, purchase, or eminent domain, with the exception of such land and other property, rights, or interests as may have been sold or otherwise legally disposed of prior to the proclamation of international sovereignty through free association, shall vest ipso facto in the nation of Puerto Rico; and (2) except as provided in section 209, all laws of the United States applicable to the territory of Puerto Rico immediately prior to the proclamation of international sovereignty through free association shall no longer apply in the nation of Puerto Rico.", "id": "H42E04EB09FC54B5B8FDDC440F129BFCA", "header": "Legal and constitutional provisions", "nested": [], "links": [] }, { "text": "207. Judicial pronouncements \n(a) Judgments before proclamation \nThe nation of Puerto Rico shall recognize and give effect to all orders and judgments rendered by United States or territorial courts before the date of the proclamation of international sovereignty through free association pursuant to the laws of the United States then applicable to the territory of Puerto Rico. (b) Continuity of pending proceedings \nAll judicial proceedings pending in the courts of the territory of Puerto Rico on the day of the proclamation of international sovereignty through free association shall be continued in the corresponding courts under the Constitution of the nation of Puerto Rico. (c) Transfer of judicial power \nUpon the proclamation of international sovereignty through free association, the judicial power of the United States shall no longer extend to Puerto Rico. All proceedings pending in the United States District Court for the District of Puerto Rico shall be transferred to the corresponding Puerto Rican courts of competence or other competent judicial authority under the Constitution of the nation of Puerto Rico for disposition in conformity with laws applicable at the time when the controversy in process arose. All proceedings pending in the United States Court of Appeals for the First Circuit, or in the Supreme Court of the United States, that initiated in, or that could have been initiated in, the courts of the territory or in the United States District Court for the District of Puerto Rico shall continue until their final disposition and shall be submitted to the competent authority of the nation of Puerto Rico for proper execution: Provided , That neither the United States nor any of its officers is a party, in which case any final judgment shall be properly executed by the competent authority of the United States.", "id": "H047F8CA909A74F93BB4D5283739356BF", "header": "Judicial pronouncements", "nested": [ { "text": "(a) Judgments before proclamation \nThe nation of Puerto Rico shall recognize and give effect to all orders and judgments rendered by United States or territorial courts before the date of the proclamation of international sovereignty through free association pursuant to the laws of the United States then applicable to the territory of Puerto Rico.", "id": "H6812DE74C5E54E47B341CBBEE1A1A6F1", "header": "Judgments before proclamation", "nested": [], "links": [] }, { "text": "(b) Continuity of pending proceedings \nAll judicial proceedings pending in the courts of the territory of Puerto Rico on the day of the proclamation of international sovereignty through free association shall be continued in the corresponding courts under the Constitution of the nation of Puerto Rico.", "id": "H13579772FD484CC5AE3E4A979738C774", "header": "Continuity of pending proceedings", "nested": [], "links": [] }, { "text": "(c) Transfer of judicial power \nUpon the proclamation of international sovereignty through free association, the judicial power of the United States shall no longer extend to Puerto Rico. All proceedings pending in the United States District Court for the District of Puerto Rico shall be transferred to the corresponding Puerto Rican courts of competence or other competent judicial authority under the Constitution of the nation of Puerto Rico for disposition in conformity with laws applicable at the time when the controversy in process arose. All proceedings pending in the United States Court of Appeals for the First Circuit, or in the Supreme Court of the United States, that initiated in, or that could have been initiated in, the courts of the territory or in the United States District Court for the District of Puerto Rico shall continue until their final disposition and shall be submitted to the competent authority of the nation of Puerto Rico for proper execution: Provided , That neither the United States nor any of its officers is a party, in which case any final judgment shall be properly executed by the competent authority of the United States.", "id": "H347B03A530474D8F956C78AF16D40BE7", "header": "Transfer of judicial power", "nested": [], "links": [] } ], "links": [] }, { "text": "208. Citizenship and immigration laws after sovereignty through free association \n(a) In general \n(1) Puerto rican nationality \nAfter the proclamation of international sovereignty through free association, the citizenship status of each individual born in Puerto Rico shall be determined in accordance with the Constitution and laws of the nation of Puerto Rico. (2) United states immigration laws \nExcept as described in this section, after the proclamation of international sovereignty through free association, citizens of Puerto Rico seeking to enter into the United States or obtain citizenship in the United States shall be subject to the immigration laws of the United States (as such term is defined in section 101 of the Immigration and Nationality Act ( 8 U.S.C. 1101 )). (b) Effect of puerto rican citizenship \nNothing in this Act precludes or limits the applicability of section 349 of the Immigration and Nationality Act ( 8 U.S.C. 1481 ), except that the provision of citizenship by the laws of Puerto Rico shall not constitute or otherwise serve as the basis of loss, or relinquishment of United States citizenship under such section. (c) Citizenship at birth after sovereignty \n(1) In general \nExcept as described in paragraph (2), an individual born in Puerto Rico after the proclamation of international sovereignty through free association to at least one parent who became a United States citizen under section 302 of the Immigration and Nationality Act ( 8 U.S.C. 1402 ) is not a United States citizen at birth under subsection (c), (d), or (g) of section 301 of the Immigration and Nationality Act (8 U.S.C. 1401 (c), (d), or (g)). (2) Transition period \nDuring the implementation of the first Articles of Free Association, an individual born in Puerto Rico to at least one parent who is a citizen of the United States shall be a United States citizen at birth under section 301 of the Immigration and Nationality Act ( 8 U.S.C. 1401 ) if otherwise eligible. (d) Travel and work authorization \n(1) Any person in the following categories may enter, lawfully engage in occupations, and establish residence as a nonimmigrant in the United States and its territories and possessions without regard to paragraphs (5)(A) and (7) of section 212(a) of the Immigration and Nationality Act ( 8 U.S.C. 1182(a) ; (5)(A) and (7)): (A) a person who acquires the citizenship of Puerto Rico, at birth, on or after the effective date of international sovereignty through free association; or (B) a naturalized citizen of Puerto Rico, who has been an actual resident there for not less than five years after attaining such naturalization and who holds a proof of such residence. Such persons shall be considered to have the permission of the Secretary of Homeland Security to accept employment in the United States. (2) The right of such persons to establish habitual residence in a territory or possession of the United States may, however, be subjected to nondiscriminatory limitations provided for— (A) in statutes or regulations of the United States; or (B) in those statutes or regulations of the territory or possession concerned which are authorized by the laws of the United States. (3) This subsection shall expire upon the termination of the Articles of Free Association in accordance with section 211. (e) Conforming amendments \n(1) In general \nSection 101 of the Immigration and Nationality Act ( 8 U.S.C. 1101 ) is amended by striking Puerto Rico, in subsection (a) paragraph (36) and in subsection (a) paragraph (38). (2) Prior to sovereignty \nPuerto Rico shall be considered to be in the United States, as such term is defined in section 101(a)(38) of the Immigration and Nationality Act ( 8 U.S.C. 1101(a)(38) ) prior to the date of international sovereignty through free association. (f) Rule of Construction \nNothing in this section shall limit the power and authority of the United States to change policy requirements for United States citizenship.", "id": "H01732428C7D74EC3BC8326594A581EE1", "header": "Citizenship and immigration laws after sovereignty through free association", "nested": [ { "text": "(a) In general \n(1) Puerto rican nationality \nAfter the proclamation of international sovereignty through free association, the citizenship status of each individual born in Puerto Rico shall be determined in accordance with the Constitution and laws of the nation of Puerto Rico. (2) United states immigration laws \nExcept as described in this section, after the proclamation of international sovereignty through free association, citizens of Puerto Rico seeking to enter into the United States or obtain citizenship in the United States shall be subject to the immigration laws of the United States (as such term is defined in section 101 of the Immigration and Nationality Act ( 8 U.S.C. 1101 )).", "id": "H801111E0FA7B4059919276F285BA929B", "header": "In general", "nested": [], "links": [ { "text": "8 U.S.C. 1101", "legal-doc": "usc", "parsable-cite": "usc/8/1101" } ] }, { "text": "(b) Effect of puerto rican citizenship \nNothing in this Act precludes or limits the applicability of section 349 of the Immigration and Nationality Act ( 8 U.S.C. 1481 ), except that the provision of citizenship by the laws of Puerto Rico shall not constitute or otherwise serve as the basis of loss, or relinquishment of United States citizenship under such section.", "id": "H2231A2C3454147F2ADAD587E9A05AB9B", "header": "Effect of puerto rican citizenship", "nested": [], "links": [ { "text": "8 U.S.C. 1481", "legal-doc": "usc", "parsable-cite": "usc/8/1481" } ] }, { "text": "(c) Citizenship at birth after sovereignty \n(1) In general \nExcept as described in paragraph (2), an individual born in Puerto Rico after the proclamation of international sovereignty through free association to at least one parent who became a United States citizen under section 302 of the Immigration and Nationality Act ( 8 U.S.C. 1402 ) is not a United States citizen at birth under subsection (c), (d), or (g) of section 301 of the Immigration and Nationality Act (8 U.S.C. 1401 (c), (d), or (g)). (2) Transition period \nDuring the implementation of the first Articles of Free Association, an individual born in Puerto Rico to at least one parent who is a citizen of the United States shall be a United States citizen at birth under section 301 of the Immigration and Nationality Act ( 8 U.S.C. 1401 ) if otherwise eligible.", "id": "HB72F4B1B7CFC42DA82FD76676407443E", "header": "Citizenship at birth after sovereignty", "nested": [], "links": [ { "text": "8 U.S.C. 1402", "legal-doc": "usc", "parsable-cite": "usc/8/1402" }, { "text": "8 U.S.C. 1401", "legal-doc": "usc", "parsable-cite": "usc/8/1401" } ] }, { "text": "(d) Travel and work authorization \n(1) Any person in the following categories may enter, lawfully engage in occupations, and establish residence as a nonimmigrant in the United States and its territories and possessions without regard to paragraphs (5)(A) and (7) of section 212(a) of the Immigration and Nationality Act ( 8 U.S.C. 1182(a) ; (5)(A) and (7)): (A) a person who acquires the citizenship of Puerto Rico, at birth, on or after the effective date of international sovereignty through free association; or (B) a naturalized citizen of Puerto Rico, who has been an actual resident there for not less than five years after attaining such naturalization and who holds a proof of such residence. Such persons shall be considered to have the permission of the Secretary of Homeland Security to accept employment in the United States. (2) The right of such persons to establish habitual residence in a territory or possession of the United States may, however, be subjected to nondiscriminatory limitations provided for— (A) in statutes or regulations of the United States; or (B) in those statutes or regulations of the territory or possession concerned which are authorized by the laws of the United States. (3) This subsection shall expire upon the termination of the Articles of Free Association in accordance with section 211.", "id": "HAAD54334CA1C46C0BCA51670AD5AF277", "header": "Travel and work authorization", "nested": [], "links": [ { "text": "8 U.S.C. 1182(a)", "legal-doc": "usc", "parsable-cite": "usc/8/1182" } ] }, { "text": "(e) Conforming amendments \n(1) In general \nSection 101 of the Immigration and Nationality Act ( 8 U.S.C. 1101 ) is amended by striking Puerto Rico, in subsection (a) paragraph (36) and in subsection (a) paragraph (38). (2) Prior to sovereignty \nPuerto Rico shall be considered to be in the United States, as such term is defined in section 101(a)(38) of the Immigration and Nationality Act ( 8 U.S.C. 1101(a)(38) ) prior to the date of international sovereignty through free association.", "id": "HBD595CCC0BA54524A35739E86C57BD3A", "header": "Conforming amendments", "nested": [], "links": [ { "text": "8 U.S.C. 1101", "legal-doc": "usc", "parsable-cite": "usc/8/1101" }, { "text": "8 U.S.C. 1101(a)(38)", "legal-doc": "usc", "parsable-cite": "usc/8/1101" } ] }, { "text": "(f) Rule of Construction \nNothing in this section shall limit the power and authority of the United States to change policy requirements for United States citizenship.", "id": "HFBBD1A29EA474C5F9B97E29544985C25", "header": "Rule of Construction", "nested": [], "links": [] } ], "links": [ { "text": "8 U.S.C. 1101", "legal-doc": "usc", "parsable-cite": "usc/8/1101" }, { "text": "8 U.S.C. 1481", "legal-doc": "usc", "parsable-cite": "usc/8/1481" }, { "text": "8 U.S.C. 1402", "legal-doc": "usc", "parsable-cite": "usc/8/1402" }, { "text": "8 U.S.C. 1401", "legal-doc": "usc", "parsable-cite": "usc/8/1401" }, { "text": "8 U.S.C. 1182(a)", "legal-doc": "usc", "parsable-cite": "usc/8/1182" }, { "text": "8 U.S.C. 1101", "legal-doc": "usc", "parsable-cite": "usc/8/1101" }, { "text": "8 U.S.C. 1101(a)(38)", "legal-doc": "usc", "parsable-cite": "usc/8/1101" } ] }, { "text": "209. Conforming amendments to existing law \n(a) Review \nNot later than 30 days after the initial meeting of a constitutional Convention under section 201(d), the President shall initiate a review of Federal law with respect to Puerto Rico, including those regarding— (1) taxation of persons and businesses; (2) health care; (3) housing; (4) transportation; (5) education; and (6) entitlement programs. (b) Recommendations \nNot later than one year after the date on which the President initiates a review under subsection (a), the President shall submit recommendations to Congress for changes to Federal law identified during such review, as the President deems appropriate.", "id": "HBAF18386C04D41B99D6CC94508990248", "header": "Conforming amendments to existing law", "nested": [ { "text": "(a) Review \nNot later than 30 days after the initial meeting of a constitutional Convention under section 201(d), the President shall initiate a review of Federal law with respect to Puerto Rico, including those regarding— (1) taxation of persons and businesses; (2) health care; (3) housing; (4) transportation; (5) education; and (6) entitlement programs.", "id": "HF0EB216FB4BB48999141613B66C1B4C2", "header": "Review", "nested": [], "links": [] }, { "text": "(b) Recommendations \nNot later than one year after the date on which the President initiates a review under subsection (a), the President shall submit recommendations to Congress for changes to Federal law identified during such review, as the President deems appropriate.", "id": "H4117E5614C7A47B9BC07296D744EAD40", "header": "Recommendations", "nested": [], "links": [] } ], "links": [] }, { "text": "210. Bilateral Negotiating Commission \n(a) In general \nIf a plebiscite held under this Act results in a majority vote for sovereignty in free association with the United States, there shall be a Bilateral Negotiating Commission which shall conduct negotiations on Articles of Free Association with the United States. (b) Members \nNot later than 3 months after the establishment of the constitutional Convention under section 201— (1) the Convention shall elect, by majority vote, 5 members from among its delegates to join the Bilateral Negotiating Commission on behalf of Puerto Rico; and (2) the President of the United States shall designate 5 members to the Bilateral Negotiating Commission, one of whom shall also be nominated for the rank of Ambassador, to negotiate on behalf of the United States. (c) Initial meeting \nNot later than 3 months after the election and designation of members to the Bilateral Negotiating Commission, members shall meet at such time and place as the legislature of Puerto Rico shall determine. Such meeting shall constitute the establishment of the Bilateral Negotiating Commission. (d) Duties \nThe Bilateral Negotiating Commission shall— (1) be responsible for expediting the orderly transfer of all functions currently exercised by the Government of the United States in Puerto Rico, to Puerto Rico, and shall recommend to Congress any appropriate legislation to carry into effect such transfer, including any appropriate enabling legislation as may be required by the Articles of Free Association; (2) negotiate all matters pertaining to the government-to-government relationship between Puerto Rico and the United States through the development of the Articles of Free Association, including foreign affairs, trade, finance, taxation, currency, economic assistance, security and defense, dispute resolution, immigration, economic benefits (including grants), and termination of the free association status; and (3) endeavor to complete the Articles of Free Association not later than 2 years after the commencement of the constitutional Convention. (e) Collaboration \nThe Government of the territory of Puerto Rico and the agencies of the Government of the United States shall collaborate with the Bilateral Negotiating Commission to provide for the orderly transfer of the functions of government as required by the Articles of Free Association.", "id": "H7D866E3DEBB54B8DA2D82387576A184A", "header": "Bilateral Negotiating Commission", "nested": [ { "text": "(a) In general \nIf a plebiscite held under this Act results in a majority vote for sovereignty in free association with the United States, there shall be a Bilateral Negotiating Commission which shall conduct negotiations on Articles of Free Association with the United States.", "id": "H33CD281BD84647AD9ACBD55DE148E969", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Members \nNot later than 3 months after the establishment of the constitutional Convention under section 201— (1) the Convention shall elect, by majority vote, 5 members from among its delegates to join the Bilateral Negotiating Commission on behalf of Puerto Rico; and (2) the President of the United States shall designate 5 members to the Bilateral Negotiating Commission, one of whom shall also be nominated for the rank of Ambassador, to negotiate on behalf of the United States.", "id": "HD187094BD47F4B8384C689C3EC7670DE", "header": "Members", "nested": [], "links": [] }, { "text": "(c) Initial meeting \nNot later than 3 months after the election and designation of members to the Bilateral Negotiating Commission, members shall meet at such time and place as the legislature of Puerto Rico shall determine. Such meeting shall constitute the establishment of the Bilateral Negotiating Commission.", "id": "H264CA3DABCDD416CA32F5AC5827F4920", "header": "Initial meeting", "nested": [], "links": [] }, { "text": "(d) Duties \nThe Bilateral Negotiating Commission shall— (1) be responsible for expediting the orderly transfer of all functions currently exercised by the Government of the United States in Puerto Rico, to Puerto Rico, and shall recommend to Congress any appropriate legislation to carry into effect such transfer, including any appropriate enabling legislation as may be required by the Articles of Free Association; (2) negotiate all matters pertaining to the government-to-government relationship between Puerto Rico and the United States through the development of the Articles of Free Association, including foreign affairs, trade, finance, taxation, currency, economic assistance, security and defense, dispute resolution, immigration, economic benefits (including grants), and termination of the free association status; and (3) endeavor to complete the Articles of Free Association not later than 2 years after the commencement of the constitutional Convention.", "id": "H287C37C872A44A9E85357150D532BC37", "header": "Duties", "nested": [], "links": [] }, { "text": "(e) Collaboration \nThe Government of the territory of Puerto Rico and the agencies of the Government of the United States shall collaborate with the Bilateral Negotiating Commission to provide for the orderly transfer of the functions of government as required by the Articles of Free Association.", "id": "H94CF96D3F662473A91BFFEB4810B63E2", "header": "Collaboration", "nested": [], "links": [] } ], "links": [] }, { "text": "211. Articles of Free Association approval and effective date \n(a) Approval \nThe Articles of Free Association shall come into effect upon mutual agreement between the Government of the United States and the Government of Puerto Rico after completion of approval by— (1) a separate ratification vote on the Articles by the eligible voters in the special election held under section 203; and (2) the Government of the United States in accordance with its constitutional processes. (b) Rejection \nIf the special election under subsection (a)(1) results in rejection of the Articles of Free Association, the process provided for in section 210 and subsection (a) shall be repeated.", "id": "H163524EFF14A4D748D316A7A6B16A565", "header": "Articles of Free Association approval and effective date", "nested": [ { "text": "(a) Approval \nThe Articles of Free Association shall come into effect upon mutual agreement between the Government of the United States and the Government of Puerto Rico after completion of approval by— (1) a separate ratification vote on the Articles by the eligible voters in the special election held under section 203; and (2) the Government of the United States in accordance with its constitutional processes.", "id": "H66442AACBAE145C883756727A9B06EE3", "header": "Approval", "nested": [], "links": [] }, { "text": "(b) Rejection \nIf the special election under subsection (a)(1) results in rejection of the Articles of Free Association, the process provided for in section 210 and subsection (a) shall be repeated.", "id": "H0E66AAA83BF54C1EB68E4061EAD91ED7", "header": "Rejection", "nested": [], "links": [] } ], "links": [] }, { "text": "212. Termination \nThe Articles of Free Association between the United States and Puerto Rico may be terminated at will by either party at any time.", "id": "H63781A4EE1A64F278809D3328F721C3E", "header": "Termination", "nested": [], "links": [] }, { "text": "213. Individual rights to economic benefits and grants \n(a) Rights and benefits \nAll vested rights and benefits which accrue to residents of the territory of Puerto Rico under the laws of the United States from past services or contributions, such as rights and benefits for veterans or relatives of veterans of the Armed Forces of the United States, retired Government employees, or beneficiaries of old age, disability, or survivors’ insurance benefits under the Social Security Act, shall not be interrupted after the proclamation of international sovereignty through free association but will continue until such time as said rights and benefits are completely extinguished according to the applicable laws of the United States. All services which must be rendered as part of these rights and benefits shall be made available through the Government of the nation of Puerto Rico in accordance with agreements reached by the two nations. (b) Social Security System \nNotwithstanding subsection (a), all contributions made by employees and employers in Puerto Rico to the Social Security system with respect to persons who, upon the proclamation of international sovereignty through free association, are residents of the nation of Puerto Rico and are not yet eligible for old age, disability, or survivors’ insurance benefits under the system, shall be transferred to the Government of the nation of Puerto Rico once said Government establishes its own social security system. The Government of the nation of Puerto Rico may not use these funds for any purpose other than the establishment and operation of a social security system. Upon the transfer described herein, the obligations of the United States Government under the Social Security Act with respect to such residents of the nation of Puerto Rico shall cease. (c) Other Federal transfer payments \nAll other Federal transfer payments to individuals and to the Government of the territory of Puerto Rico shall be maintained in the form of annual block grants to be used discretionally by the Government of the nation of Puerto Rico— (1) during the 10 fiscal years following the proclamation of international sovereignty through free association, the annual block grants shall amount to the annual aggregate funding of all programs which currently extend to the territory of Puerto Rico, or of all programs which shall have been extended to the territory of Puerto Rico during the fiscal year immediately prior to the proclamation of international sovereignty through free association, whichever shall be greater; and (2) the annual block grants shall decrease thereafter on a straight-line basis, at the rate of ten percent each year, beginning on the eleventh fiscal year after the proclamation of international sovereignty through free association. At any time during the aforementioned transition period the terms of this subsection may be modified by agreement between the United States and the nation of Puerto Rico. (d) Revision \nThe terms and conditions of this subsection may be revised as part of an agreement under the Articles of Free Association.", "id": "H306261D327044BD6A99B8115BB4EB76C", "header": "Individual rights to economic benefits and grants", "nested": [ { "text": "(a) Rights and benefits \nAll vested rights and benefits which accrue to residents of the territory of Puerto Rico under the laws of the United States from past services or contributions, such as rights and benefits for veterans or relatives of veterans of the Armed Forces of the United States, retired Government employees, or beneficiaries of old age, disability, or survivors’ insurance benefits under the Social Security Act, shall not be interrupted after the proclamation of international sovereignty through free association but will continue until such time as said rights and benefits are completely extinguished according to the applicable laws of the United States. All services which must be rendered as part of these rights and benefits shall be made available through the Government of the nation of Puerto Rico in accordance with agreements reached by the two nations.", "id": "H70D64166CFAB4422B5BE17DE7938BE44", "header": "Rights and benefits", "nested": [], "links": [] }, { "text": "(b) Social Security System \nNotwithstanding subsection (a), all contributions made by employees and employers in Puerto Rico to the Social Security system with respect to persons who, upon the proclamation of international sovereignty through free association, are residents of the nation of Puerto Rico and are not yet eligible for old age, disability, or survivors’ insurance benefits under the system, shall be transferred to the Government of the nation of Puerto Rico once said Government establishes its own social security system. The Government of the nation of Puerto Rico may not use these funds for any purpose other than the establishment and operation of a social security system. Upon the transfer described herein, the obligations of the United States Government under the Social Security Act with respect to such residents of the nation of Puerto Rico shall cease.", "id": "HFAD99F6E4C024C2DAD6218716685E435", "header": "Social Security System", "nested": [], "links": [] }, { "text": "(c) Other Federal transfer payments \nAll other Federal transfer payments to individuals and to the Government of the territory of Puerto Rico shall be maintained in the form of annual block grants to be used discretionally by the Government of the nation of Puerto Rico— (1) during the 10 fiscal years following the proclamation of international sovereignty through free association, the annual block grants shall amount to the annual aggregate funding of all programs which currently extend to the territory of Puerto Rico, or of all programs which shall have been extended to the territory of Puerto Rico during the fiscal year immediately prior to the proclamation of international sovereignty through free association, whichever shall be greater; and (2) the annual block grants shall decrease thereafter on a straight-line basis, at the rate of ten percent each year, beginning on the eleventh fiscal year after the proclamation of international sovereignty through free association. At any time during the aforementioned transition period the terms of this subsection may be modified by agreement between the United States and the nation of Puerto Rico.", "id": "H522544A4D7254689894ED9DED467E1A3", "header": "Other Federal transfer payments", "nested": [], "links": [] }, { "text": "(d) Revision \nThe terms and conditions of this subsection may be revised as part of an agreement under the Articles of Free Association.", "id": "H8C6854E7DEA441869837131973039EEF", "header": "Revision", "nested": [], "links": [] } ], "links": [] }, { "text": "301. Presidential proclamation; admission into the Union \nIf a plebiscite held under this Act results in a majority vote for statehood: (1) Presidential proclamation; date of admission \nUpon receipt of the Elections Commission’s certification of the plebiscite results pursuant to section 5(d), the President shall issue a proclamation declaring the date that Puerto Rico is admitted as a State of the Union on an equal footing with all other States, which shall be a date not later than one year after the effective date of the plebiscite results. (2) Submission of Proclamation \nThe President shall cause such proclamation to be submitted to the Governor of Puerto Rico, the legislature of Puerto Rico, the President pro tempore of the United States Senate, the Speaker of the United States House of Representatives, the Senate Committee on Energy and Natural Resources, and the House Committee on Natural Resources. (3) Admission into the Union \nSubject to the provisions of this Act, and upon the date declared by the President for admission of Puerto Rico as a State under the proclamation under paragraph (1), the territory of Puerto Rico shall be a State of the United States of America and as such admitted into the Union on an equal footing with the other States in all respects. Upon admission, Puerto Rico shall be known as the State of Puerto Rico. (4) Incorporation \nPuerto Rico shall remain unincorporated until its admission as a State of the Union under paragraph (3).", "id": "H4F34CB746CD14CBA9EBB4E754DD6C57C", "header": "Presidential proclamation; admission into the Union", "nested": [], "links": [] }, { "text": "302. Conforming amendments to existing law \n(a) Review \nNot later than 30 days after the certification of a plebiscite result under this Act in favor of statehood, the President shall initiate a review of Federal law with respect to Puerto Rico, including those regarding— (1) taxation of persons and businesses; (2) health care; (3) housing; (4) transportation; (5) education; and (6) entitlement programs. (b) Recommendations \nNot later than one year after the date on which the President initiates a review under subsection (a), the President shall submit any recommendations to Congress for changes to Federal law identified during such review, as the President deems appropriate.", "id": "H95957BADA9C848C189D728684C4F0815", "header": "Conforming amendments to existing law", "nested": [ { "text": "(a) Review \nNot later than 30 days after the certification of a plebiscite result under this Act in favor of statehood, the President shall initiate a review of Federal law with respect to Puerto Rico, including those regarding— (1) taxation of persons and businesses; (2) health care; (3) housing; (4) transportation; (5) education; and (6) entitlement programs.", "id": "H9DAEE4D59E8245E2AD2CE6F288FD2A9B", "header": "Review", "nested": [], "links": [] }, { "text": "(b) Recommendations \nNot later than one year after the date on which the President initiates a review under subsection (a), the President shall submit any recommendations to Congress for changes to Federal law identified during such review, as the President deems appropriate.", "id": "H6360E66E6F19467C9AA603C39FD0DB20", "header": "Recommendations", "nested": [], "links": [] } ], "links": [] }, { "text": "303. Territory and boundaries \nThe State of Puerto Rico shall consist of all of the islands, together with their appurtenant reefs, seafloor, submerged lands, and territorial waters in the seaward boundary, presently under the jurisdiction of the territory of Puerto Rico.", "id": "HF5BE4DBF458C494AB782D5871EB48571", "header": "Territory and boundaries", "nested": [], "links": [] }, { "text": "304. Constitution \n(a) In general \nThe Constitution of the territory of Puerto Rico, as approved by Public Law 82–447 and subsequently amended as of the date of enactment of this Act is hereby found to be republican in form and in conformity with the Constitution of the United States and the principles of the Declaration of Independence, and is hereby accepted, ratified, and confirmed as the Constitution of the State of Puerto Rico. (b) Future constitutions \nThe Constitution of the State of Puerto Rico— (1) shall always be republican in form; and (2) shall not be repugnant to the Constitution of the United States and the principles of the Declaration of Independence.", "id": "H10D30B7F799E47C3A28EA748A67A1740", "header": "Constitution", "nested": [ { "text": "(a) In general \nThe Constitution of the territory of Puerto Rico, as approved by Public Law 82–447 and subsequently amended as of the date of enactment of this Act is hereby found to be republican in form and in conformity with the Constitution of the United States and the principles of the Declaration of Independence, and is hereby accepted, ratified, and confirmed as the Constitution of the State of Puerto Rico.", "id": "H876B28E8333B4E0CA25A3F787FCDCFAD", "header": "In general", "nested": [], "links": [ { "text": "Public Law 82–447", "legal-doc": "public-law", "parsable-cite": "pl/82/447" } ] }, { "text": "(b) Future constitutions \nThe Constitution of the State of Puerto Rico— (1) shall always be republican in form; and (2) shall not be repugnant to the Constitution of the United States and the principles of the Declaration of Independence.", "id": "H55326EEF327441559DCB5F7ADB73B2AD", "header": "Future constitutions", "nested": [], "links": [] } ], "links": [ { "text": "Public Law 82–447", "legal-doc": "public-law", "parsable-cite": "pl/82/447" } ] }, { "text": "305. Elections of Senators and Representatives, certification, and legal disputes \n(a) Elections of Senators and Representatives \nNot more than one month after the proclamation under section 301, the Governor of Puerto Rico shall issue a declaration that shall designate and announce the dates and other requirements for primary and general elections under applicable Federal and local law for representation in the Senate and the House of Representatives of the United States upon admission of Puerto Rico as a State. (b) Resident commissioner \nThe office of Resident Commissioner of Puerto Rico shall cease to exist upon the swearing in of the first Representative from the State of Puerto Rico to the House of Representatives. (c) Senators and representatives \n(1) In general \nUpon its admission into the Union, the State of Puerto Rico shall be entitled to Senators and Representatives who shall be entitled to be admitted to seats in the Congress of the United States and to all the rights and privileges of Senators and Representatives of the other States in the Congress of the United States. (2) First election of Senators \nIn the first election of Senators, the two senatorial offices shall be separately identified and designated, and no person may be a candidate for both offices. Nothing in this section shall impair the privilege of the Senate to determine the class and term to which each of the Senators elected shall be assigned, with the exception that the Senators shall not be in the same class. (3) First election of Representatives \nIn the first election of Representatives, and subsequent elections until the next Census-based reapportionment cycle, the State of Puerto Rico shall be entitled to the same number of Representatives as the State whose most recent Census population was closest to, but less than, that of Puerto Rico, and such Representatives shall be in addition to the membership of the House of Representatives as now prescribed by law. Any such increase in the membership shall not operate to either increase or decrease the permanent membership of the House of Representatives as prescribed in the Act of August 8, 1911 (37 Stat. 13), nor shall such temporary increase affect the basis of apportionment established by the Act of November 15, 1941 (55 Stat. 761), for the 83d Congress and each Congress thereafter, unless Congress acts to increase the total number of Members of the House of Representatives. Thereafter, the State of Puerto Rico shall be entitled to such number of Representatives as provided for by applicable law based on the next reapportionment. The apportionment of congressional districts for the first election and subsequent election of Representatives shall be conducted as provided for by the Constitution and laws of the State of Puerto Rico for state legislative districts. (d) Certification of results \nThe Elections Commission shall certify the results of primary and general elections for representation in the Senate and the House of Representatives of the United States to the Governor. Not later than 10 days after the date of each certification, the Governor shall declare the results of the primary and general elections, and transmit the results of each election to the President of the United States, the President pro tempore of the Senate, and the Speaker of the House of Representatives. (e) Jurisdiction of District Court \nThe United States District Court for the District of Puerto Rico shall have original and exclusive jurisdiction of any civil action alleging a dispute or controversy pertaining to electoral processes conducted under this section.", "id": "H007A602B31FD4EF28D5CBD7C71B76DFF", "header": "Elections of Senators and Representatives, certification, and legal disputes", "nested": [ { "text": "(a) Elections of Senators and Representatives \nNot more than one month after the proclamation under section 301, the Governor of Puerto Rico shall issue a declaration that shall designate and announce the dates and other requirements for primary and general elections under applicable Federal and local law for representation in the Senate and the House of Representatives of the United States upon admission of Puerto Rico as a State.", "id": "H1CF2ACD1D3D743649F316633A8374691", "header": "Elections of Senators and Representatives", "nested": [], "links": [] }, { "text": "(b) Resident commissioner \nThe office of Resident Commissioner of Puerto Rico shall cease to exist upon the swearing in of the first Representative from the State of Puerto Rico to the House of Representatives.", "id": "H4B6AA4FF98FA41C3B3ED716128490E49", "header": "Resident commissioner", "nested": [], "links": [] }, { "text": "(c) Senators and representatives \n(1) In general \nUpon its admission into the Union, the State of Puerto Rico shall be entitled to Senators and Representatives who shall be entitled to be admitted to seats in the Congress of the United States and to all the rights and privileges of Senators and Representatives of the other States in the Congress of the United States. (2) First election of Senators \nIn the first election of Senators, the two senatorial offices shall be separately identified and designated, and no person may be a candidate for both offices. Nothing in this section shall impair the privilege of the Senate to determine the class and term to which each of the Senators elected shall be assigned, with the exception that the Senators shall not be in the same class. (3) First election of Representatives \nIn the first election of Representatives, and subsequent elections until the next Census-based reapportionment cycle, the State of Puerto Rico shall be entitled to the same number of Representatives as the State whose most recent Census population was closest to, but less than, that of Puerto Rico, and such Representatives shall be in addition to the membership of the House of Representatives as now prescribed by law. Any such increase in the membership shall not operate to either increase or decrease the permanent membership of the House of Representatives as prescribed in the Act of August 8, 1911 (37 Stat. 13), nor shall such temporary increase affect the basis of apportionment established by the Act of November 15, 1941 (55 Stat. 761), for the 83d Congress and each Congress thereafter, unless Congress acts to increase the total number of Members of the House of Representatives. Thereafter, the State of Puerto Rico shall be entitled to such number of Representatives as provided for by applicable law based on the next reapportionment. The apportionment of congressional districts for the first election and subsequent election of Representatives shall be conducted as provided for by the Constitution and laws of the State of Puerto Rico for state legislative districts.", "id": "HBFF5C675A34A4A8DB8653AEDB5A39FBE", "header": "Senators and representatives", "nested": [], "links": [] }, { "text": "(d) Certification of results \nThe Elections Commission shall certify the results of primary and general elections for representation in the Senate and the House of Representatives of the United States to the Governor. Not later than 10 days after the date of each certification, the Governor shall declare the results of the primary and general elections, and transmit the results of each election to the President of the United States, the President pro tempore of the Senate, and the Speaker of the House of Representatives.", "id": "H39CD7B76ECD24E2F96D11D3344F12B3D", "header": "Certification of results", "nested": [], "links": [] }, { "text": "(e) Jurisdiction of District Court \nThe United States District Court for the District of Puerto Rico shall have original and exclusive jurisdiction of any civil action alleging a dispute or controversy pertaining to electoral processes conducted under this section.", "id": "H210E466F3436474BBF522969F64DFAAF", "header": "Jurisdiction of District Court", "nested": [], "links": [] } ], "links": [] }, { "text": "306. State title to land and property \n(a) State title \nThe State of Puerto Rico and its political subdivisions and dependencies shall have and retain title to all property, real and personal, held by the territory of Puerto Rico and its political subdivisions and dependencies on the date of the admission of Puerto Rico into the Union. (b) Federal title \nAny lands and other properties that, as of the date of admission of Puerto Rico into the Union, are set aside pursuant to law for the use of the United States under any— (1) Act of Congress; (2) Executive order; (3) proclamation of the President; or (4) proclamation of the Governor of the territory of Puerto Rico, shall remain the property of the United States. (c) Continental shelf \nThe State of Puerto Rico shall have the exclusive right to explore, exploit, lease, possess, and use all seabed, natural, and mineral resources lying within three marine leagues (nine nautical miles) from its shore, as granted under section 8 of the Act of March 2, 1917 ( 48 U.S.C. 749 ; 39 Stat. 954). All other rights of sovereignty in regards to the continental shelf and waters, shall belong to the United States, except those already vested in Puerto Rico.", "id": "H27CE920C8F264D298F481690D660F948", "header": "State title to land and property", "nested": [ { "text": "(a) State title \nThe State of Puerto Rico and its political subdivisions and dependencies shall have and retain title to all property, real and personal, held by the territory of Puerto Rico and its political subdivisions and dependencies on the date of the admission of Puerto Rico into the Union.", "id": "HE20CEED22CE349709316F347756E4F3B", "header": "State title", "nested": [], "links": [] }, { "text": "(b) Federal title \nAny lands and other properties that, as of the date of admission of Puerto Rico into the Union, are set aside pursuant to law for the use of the United States under any— (1) Act of Congress; (2) Executive order; (3) proclamation of the President; or (4) proclamation of the Governor of the territory of Puerto Rico, shall remain the property of the United States.", "id": "H12FEC33AA71144129EEC51381D805E61", "header": "Federal title", "nested": [], "links": [] }, { "text": "(c) Continental shelf \nThe State of Puerto Rico shall have the exclusive right to explore, exploit, lease, possess, and use all seabed, natural, and mineral resources lying within three marine leagues (nine nautical miles) from its shore, as granted under section 8 of the Act of March 2, 1917 ( 48 U.S.C. 749 ; 39 Stat. 954). All other rights of sovereignty in regards to the continental shelf and waters, shall belong to the United States, except those already vested in Puerto Rico.", "id": "HAE4A47E5BE8D4ED29BCE939BB4790AEA", "header": "Continental shelf", "nested": [], "links": [ { "text": "48 U.S.C. 749", "legal-doc": "usc", "parsable-cite": "usc/48/749" } ] } ], "links": [ { "text": "48 U.S.C. 749", "legal-doc": "usc", "parsable-cite": "usc/48/749" } ] }, { "text": "307. Continuity of laws, government, and obligations \nUpon the admission of the State of Puerto Rico into the Union: (1) Continuity of laws \nAll of the territorial laws in force in Puerto Rico on the date of issuance of the proclamation described in section 301(1) not inconsistent with this Act or the Constitution of the State of Puerto Rico shall be and continue in force and effect throughout the State, until amended, modified, or repealed by the State. All of the laws of the United States shall have the same force and effect within the State as in the other several States. (2) Continuity of government \nThe individuals holding legislative, executive, and judicial offices of Puerto Rico shall continue to discharge the duties of their respective offices when Puerto Rico becomes a State of the Union in, under, or by authority of the government of the State, as provided by the constitution and laws of the State. (3) Continuity of obligations \nAll contracts, obligations, liabilities, debts, and claims of the territory of Puerto Rico and its instrumentalities at the moment of admission shall continue in full force and effect as the contracts, obligations, liabilities, debts, and claims of the State of Puerto Rico and its instrumentalities when Puerto Rico becomes a State of the Union. (4) Use and enjoyment of property \nAll laws of the United States reserving to the United States the free use or enjoyment of property which vests in or is conveyed to the State of Puerto Rico or its political subdivisions pursuant to this section or reserving the right to alter, amend, or repeal laws relating thereto, shall cease to be effective.", "id": "H4FA6B0676F6D4A1B8D6C528FD5AFB926", "header": "Continuity of laws, government, and obligations", "nested": [], "links": [] }, { "text": "308. Judicial pronouncements \n(a) Pending \nNo writ, action, indictment, cause, or proceeding pending in any court of the territory of Puerto Rico, shall abate by reason of the admission of the State of Puerto Rico into the Union, but shall proceed within such appropriate State courts as shall be established under the Constitution of the State of Puerto Rico, or shall continue in the United States District Court for the District of Puerto Rico, as the nature of the case may require. (b) Not yet pending \nAll civil causes of action and all criminal offenses, which shall have arisen or been committed before the admission of the State, but as to which no writ, action, indictment, or proceeding shall be pending at the date of such admission, shall be subject to prosecution in the appropriate State courts or in the United States District Court for the District of Puerto Rico in like manner, to the same extent, and with like right of appellate review, as if such State had been created and such State courts had been established prior to the accrual of such causes of action or the commission of such offenses. The admission of the State shall effect no change in the procedural or substantive laws governing causes of action and criminal offenses which shall have arisen or been committed, and any such criminal offenses as shall have been committed against the laws of the territory of Puerto Rico, shall be tried and punished by the appropriate courts of the State, and any such criminal offenses as shall have been committed against the laws of the United States shall be tried and punished in the United States District Court for the District of Puerto Rico. (c) Appeals \nParties shall have the same rights of judicial review of final decisions of the United States District Court for the District of Puerto Rico or the Supreme Court of Puerto Rico, in any case finally decided prior to the admission of the State of Puerto Rico into the Union, whether or not an appeal therefrom shall have been perfected prior to such admission. The United States Court of Appeals for the First Circuit and the Supreme Court of the United States, shall have the same jurisdiction in such cases as by law provided prior to the admission of the State into the Union. Any mandate issued subsequent to the admission of the State, shall be to the United States District Court for the District of Puerto Rico or a court of the State, as appropriate. Parties shall have the same rights of appeal from and appellate review of all orders, judgments, and decrees of the United States District Court for the District of Puerto Rico and of the Supreme Court of Puerto Rico, in any case pending at the time of admission of the State into the Union, and the Supreme Court of Puerto Rico and the Supreme Court of the United States shall have the same jurisdiction therein, as by law provided in any case arising subsequent to the admission of the State into the Union.", "id": "HB80F9125EBF5484D9C77134BA3CEBFB6", "header": "Judicial pronouncements", "nested": [ { "text": "(a) Pending \nNo writ, action, indictment, cause, or proceeding pending in any court of the territory of Puerto Rico, shall abate by reason of the admission of the State of Puerto Rico into the Union, but shall proceed within such appropriate State courts as shall be established under the Constitution of the State of Puerto Rico, or shall continue in the United States District Court for the District of Puerto Rico, as the nature of the case may require.", "id": "HC4932325CC5F480DB21BE18248F43D79", "header": "Pending", "nested": [], "links": [] }, { "text": "(b) Not yet pending \nAll civil causes of action and all criminal offenses, which shall have arisen or been committed before the admission of the State, but as to which no writ, action, indictment, or proceeding shall be pending at the date of such admission, shall be subject to prosecution in the appropriate State courts or in the United States District Court for the District of Puerto Rico in like manner, to the same extent, and with like right of appellate review, as if such State had been created and such State courts had been established prior to the accrual of such causes of action or the commission of such offenses. The admission of the State shall effect no change in the procedural or substantive laws governing causes of action and criminal offenses which shall have arisen or been committed, and any such criminal offenses as shall have been committed against the laws of the territory of Puerto Rico, shall be tried and punished by the appropriate courts of the State, and any such criminal offenses as shall have been committed against the laws of the United States shall be tried and punished in the United States District Court for the District of Puerto Rico.", "id": "H18C8C5B9AE9C4A048872EED62E45662B", "header": "Not yet pending", "nested": [], "links": [] }, { "text": "(c) Appeals \nParties shall have the same rights of judicial review of final decisions of the United States District Court for the District of Puerto Rico or the Supreme Court of Puerto Rico, in any case finally decided prior to the admission of the State of Puerto Rico into the Union, whether or not an appeal therefrom shall have been perfected prior to such admission. The United States Court of Appeals for the First Circuit and the Supreme Court of the United States, shall have the same jurisdiction in such cases as by law provided prior to the admission of the State into the Union. Any mandate issued subsequent to the admission of the State, shall be to the United States District Court for the District of Puerto Rico or a court of the State, as appropriate. Parties shall have the same rights of appeal from and appellate review of all orders, judgments, and decrees of the United States District Court for the District of Puerto Rico and of the Supreme Court of Puerto Rico, in any case pending at the time of admission of the State into the Union, and the Supreme Court of Puerto Rico and the Supreme Court of the United States shall have the same jurisdiction therein, as by law provided in any case arising subsequent to the admission of the State into the Union.", "id": "H0F56D2915B7749DB845C32A39CFAA5E2", "header": "Appeals", "nested": [], "links": [] } ], "links": [] } ]
43
1. Short title This Act may be cited as the Puerto Rico Status Act. 2. Table of contents The table of contents for this Act is as follows: Sec. 1. Short title. Sec. 2. Table of contents. Sec. 3. Findings. Sec. 4. Definitions. Sec. 5. Plebiscite. Sec. 6. Nonpartisan voter education campaign. Sec. 7. Oversight. Sec. 8. Funds for voter education; plebiscites. Sec. 9. Bilingual voter educational materials and ballots. Sec. 10. Puerto Rico Oversight, Management, and Economic Stability Act. Sec. 11. Severability. Title I—Transition and Implementation—Independence Sec. 101. Constitutional convention. Sec. 102. Character of the constitution. Sec. 103. Submission; ratification. Sec. 104. Election of officers. Sec. 105. Conforming amendments to existing law. Sec. 106. Joint Transition Commission. Sec. 107. Proclamations by President of the United States; Head of State of Puerto Rico. Sec. 108. Legal and constitutional provisions. Sec. 109. Judicial pronouncements. Sec. 110. Citizenship and immigration laws after Puerto Rican independence. Sec. 111. Individual rights to economic benefits and grants. Title II—Transition and Implementation—Sovereignty in Free Association with the United States Sec. 201. Constitutional convention. Sec. 202. Character of the constitution. Sec. 203. Submission; ratification. Sec. 204. Election of officers. Sec. 205. Proclamations by President of the United States; Head of State of Puerto Rico. Sec. 206. Legal and constitutional provisions. Sec. 207. Judicial pronouncements. Sec. 208. Citizenship and immigration laws after sovereignty through free association. Sec. 209. Conforming amendments to existing law. Sec. 210. Bilateral Negotiating Commission. Sec. 211. Articles of Free Association approval and effective date. Sec. 212. Termination. Sec. 213. Individual rights to economic benefits and grants. Title III—Transition and Implementation—Statehood Sec. 301. Presidential proclamation; admission into the Union. Sec. 302. Conforming amendments to existing law. Sec. 303. Territory and boundaries. Sec. 304. Constitution. Sec. 305. Elections of Senators and Representatives, certification, and legal disputes. Sec. 306. State title to land and property. Sec. 307. Continuity of laws, government, and obligations. Sec. 308. Judicial pronouncements. 3. Findings In recognition of the inherent limitations of Puerto Rico’s territorial status, and the responsibility of the Federal Government to enable the people of the territory to freely express their wishes regarding political status and achieve full self-government, Congress seeks to enable the eligible voters of Puerto Rico to choose a permanent, non-territorial, fully self-governing political status for Puerto Rico and to provide for a transition to and the implementation of said permanent, nonterritorial, fully self-governing status. 4. Definitions In this Act: (1) Bilateral Negotiating Commission The term Bilateral Negotiating Commission means the Bilateral Negotiating Commission established under section 209(a). (2) Elections Commission The term Elections Commission means the Puerto Rico State Elections Commission (Comisión Estatal de Elecciones de Puerto Rico, in Spanish). (3) Eligible voters The term eligible voters means bona fide residents of Puerto Rico who are otherwise qualified to vote in general elections in Puerto Rico. (4) Initial plebiscite The term initial plebiscite means the plebiscite required by section 5(a)(1). (5) Majority The term majority means more than 50 percent. (6) Runoff plebiscite The term runoff plebiscite means the plebiscite required by section 5(a)(4). 5. Plebiscite (a) In general (1) Initial plebiscite A plebiscite to resolve Puerto Rico’s political status shall be held on November 2, 2025. (2) Options The plebiscite held under paragraph (1) shall offer eligible voters a choice of one of the three options which shall be presented on the ballot as follows: (A) Independence. (B) Sovereignty in Free Association with the United States. (C) Statehood. (3) Majority vote required Approval of a status option must be by a majority of the valid votes cast. (4) Runoff plebiscite If there is not a majority in favor of one of the three options defined in this Act, then a runoff plebiscite shall be held on March 8, 2026, which shall offer eligible voters a choice of the two options that received the most votes in the plebiscite held under paragraph (1). (b) Ballot language A ballot for a plebiscite required by subsection (a) shall include the following language, except that the ballot for the runoff plebiscite shall omit the option that received the fewest votes in the initial plebiscite: (1) Instructions Mark the status option you choose as each is defined below. A ballot with more than 1 option marked will not be counted. A ballot with no option marked will not be counted. (2) Independence If you agree, mark here ____. (A) Puerto Rico is a sovereign nation that has full authority and responsibility over its territory and population under a constitution of its own adoption which shall be the supreme law of the nation. (B) Puerto Rico is vested with full powers and responsibilities consistent with the rights and responsibilities that devolve upon a sovereign nation under international law, including its own fiscal and monetary policy, immigration, trade, and the conduct in its own name and right of relations with other nations and international organizations. (C) Puerto Rico has full authority and responsibility over its citizenship and immigration laws, and birth in Puerto Rico or relationship to persons with statutory United States citizenship by birth in the former territory shall cease to be a basis for United States nationality or citizenship, except that persons who have such United States citizenship have a right to retain United States nationality and citizenship for life, by entitlement or election as provided by Federal law. (D) Puerto Rico will no longer be a possession of the United States for purposes of the Internal Revenue Code. In general, United States citizens and United States businesses in the nation of Puerto Rico will be subject to United States Federal tax laws (as is the case with any other United States citizen or United States business abroad) and to Puerto Rican tax laws. Puerto Rico’s status as an independent, sovereign nation will be the controlling factor in the taxation of Puerto Rican taxpayers. (E) The Constitution and laws of the United States no longer apply in Puerto Rico and United States sovereignty in Puerto Rico is ended. (3) Sovereignty in Free Association with the United States If you agree, mark here ___. (A) Puerto Rico is a sovereign nation that has full authority and responsibility over its territory and population under a constitution of its own adoption which shall be the supreme law of the nation. (B) Puerto Rico is vested with full powers and responsibilities consistent with the rights and responsibilities that devolve upon a sovereign nation under international law, including its own fiscal and monetary policy, immigration, trade, and the conduct in its own name and right of relations with other nations and international organizations, except as otherwise provided for in the Articles of Free Association to be negotiated by Puerto Rico and the United States. (C) Puerto Rico has full authority and responsibility over its citizenship and immigration laws, and persons who have United States citizenship have a right to retain United States nationality and citizenship for life by entitlement or election as provided by Federal law. (D) Birth in Puerto Rico shall cease to be a basis for United States nationality or citizenship. Individuals born in Puerto Rico to at least one parent who is a citizen of the United States shall be United States citizens at birth, consistent with the immigration laws of the United States, for the duration of the first agreement of the Articles of Free Association. (E) Puerto Rico enters into Articles of Free Association with the United States, with such devolution and reservation of governmental functions and other bilateral arrangements as may be agreed to by both Parties under the Articles, which shall be terminable at will by either the United States or Puerto Rico at any time. (F) Puerto Rico will no longer be a possession of the United States for purposes of the Internal Revenue Code. In general, United States citizens and United States businesses in the nation of Puerto Rico will be subject to United States Federal tax laws (as is the case with any other United States citizen or United States business abroad) and to Puerto Rican tax laws. Puerto Rico’s status as an independent, sovereign nation will be the controlling factor in the taxation of Puerto Rican taxpayers. In addition, Puerto Rico will enter into an agreement with the United States to provide for Sovereignty in Free Association between the two nations. This agreement may modify the otherwise applicable tax rules, subject to negotiation and ratification by the two nations. (G) The Constitution of the United States no longer applies in Puerto Rico, the laws of the United States no longer apply in Puerto Rico except as otherwise provided in the Articles of Free Association, and United States sovereignty in Puerto Rico is ended. (H) All matters pertaining to the government-to-government relationship between Puerto Rico and the United States, which may include foreign affairs, trade, finance, taxation, currency, economic assistance, security and defense, dispute resolution and termination, shall be provided for in the Articles of Free Association. (4) Statehood If you agree, mark here ____. (A) The State of Puerto Rico is admitted into the Union on an equal footing with the other States in all respects whatever and is a part of the permanent union of the United States of America, subject to the United States Constitution, with powers not prohibited by the Constitution to the States and reserved to the State of Puerto Rico or to its residents. (B) The residents of Puerto Rico are fully self-governing with their rights secured under the United States Constitution, which shall be fully applicable in Puerto Rico and which, with the laws and treaties of the United States, is the supreme law and has the same force and effect in Puerto Rico as in the other States of the Union. (C) United States citizenship of those born in Puerto Rico is recognized, protected, and secured under the United States Constitution in the same way such citizenship is for all United States citizens born in the other States. (D) Puerto Rico will no longer be a possession of the United States for purposes of the Internal Revenue Code. Instead, the State of Puerto Rico will become a State on equal footing with each of the current 50 States in the United States of America. Individuals and businesses resident in the State of Puerto Rico will be subject to United States Federal tax laws as well as applicable State tax laws. (c) Implementation of Plebiscite The plebiscites authorized by this section shall be implemented by the Elections Commission, consistent with the laws of Puerto Rico and Federal law. (d) Results The Elections Commission shall inform the President of the United States, the President pro tempore of the United States Senate, the Speaker of the United States House of Representatives, the Senate Committee on Energy and Natural Resources, and the House Committee on Natural Resources of— (1) the results of the initial plebiscite not later than 30 calendar days after the initial plebiscite is held; and (2) the results of the runoff plebiscite, if held, not later than 30 calendar days after the runoff plebiscite is held. (e) Jurisdiction of District Court The United States District Court for the District of Puerto Rico shall have original and exclusive jurisdiction of any civil action alleging a dispute or controversy pertaining to electoral processes conducted under this section. 6. Nonpartisan voter education campaign (a) In general The Elections Commission shall carry out a nonpartisan voter education campaign through traditional paid media and make available at all voting locations voter education materials related to the plebiscites authorized under this Act consistent with Department of Justice approval under section 7. (b) Voter education materials At a minimum, the voter education materials shall address for each option— (1) international representation; (2) citizenship and immigration; and (3) access and treatment under Federal law and programs. 7. Oversight (a) Submission of materials Not later than 60 days after the date of the enactment of this Act, the Elections Commission shall submit the ballot design and voter education materials for the plebiscites authorized under this Act to the United States Attorney General for review and the Elections Commission shall make not more than one submission of the ballot design and voter education materials to the Attorney General for review. (b) Effect of Failure To comply If the Attorney General fails to comply with subsection (c) within the 45-day period, the ballot design and voter education materials shall be considered approved. (c) Review Not later than 45 days after receiving the ballot design and voter education materials under subsection (a), the Attorney General shall review the ballot design and voter education materials to ensure consistency with this Act and to ensure that the three options defined in this Act are represented fairly, especially in the event that any of the three options are not represented on the Elections Commission by a member of a political party that supports such option, and— (1) return the materials to the Elections Commission with comments and instructions for changes; or (2) before the expiration of the 45-day period, inform the Elections Commission that no instructions or requests for changes shall be made under paragraph (1), but that the Attorney General reserves the right to submit instructions for changes in accordance with this section if additional information comes to the attention of the Attorney General during the remainder of the 45-day period. (d) Revision Not later than 45 days after receiving comments and instructions for changes from the Attorney General under subsection (c), the Elections Commission shall revise the ballot design and voter education materials as requested by the Attorney General. (e) Election Observers The Elections Commission shall invite national and international election observers to ensure transparency and confidence in the electoral process. Observers shall be present during the initial plebiscite vote and during the runoff plebiscite vote. 8. Funds for voter education; plebiscites (a) Authorization of appropriations There is authorized to be appropriated such sums as are necessary for the Elections Commission to carry out a nonpartisan voter education campaign and an initial plebiscite and, if necessary, a runoff plebiscite under this Act. (b) Existing funds Notwithstanding any provision of Public Law 113–76 , funds made available under such Act to carry out a plebiscite on Puerto Rico’s status shall be made available to carry out this Act. 9. Bilingual voter educational materials and ballots All voter educational materials and ballots used to carry out this Act shall be made available in English and Spanish. 10. Puerto Rico Oversight, Management, and Economic Stability Act Upon the admission of the State of Puerto Rico into the Union or on the date that the Government of the nation of Puerto Rico initially takes office: (1) In general The Puerto Rico Oversight, Management, and Economic Stability Act ( 48 U.S.C. 2101 et seq. ) shall no longer apply to the State of Puerto Rico or the nation of Puerto Rico, as the case may be. (2) Oversight board The Financial Oversight and Management Board for Puerto Rico established under section 101(b)(1) of the Puerto Rico Oversight, Management, and Economic Stability Act ( 48 U.S.C. 2121(b)(1) ) is terminated and all duties and responsibilities assigned to the Oversight Board shall return to the State of Puerto Rico or the nation of Puerto Rico, as the case may be. (3) Transfer All funds, property, and assets of the board described in subparagraph (B) shall be transferred to the State of Puerto Rico or the nation of Puerto Rico, as the case may be. 11. Severability If any provision of this Act, or any section, subsection, sentence, clause, phrase, or individual word, or the application thereof to any person or circumstance is held invalid by a court of jurisdiction, the validity of the remainder of the Act and of the application of any such provision, section, subsection, sentence, clause, phrase, or individual word to other persons and circumstances shall not be affected thereby. 101. Constitutional convention (a) Election of delegates Not later than 6 months after the effective date of certification of a plebiscite result under this Act in favor of independence, the legislature of Puerto Rico shall provide for the election of delegates to a constitutional Convention to formulate and draft a Constitution for the nation of Puerto Rico. (b) Eligible voters All eligible voters may vote in the election of delegates to the constitutional Convention. (c) General applicability of electoral law The laws of the territory of Puerto Rico relating to the electoral process shall apply to a special election held under this Act. (d) Initial meeting Not later than 3 months after the election of delegates to the constitutional Convention, the elected delegates shall meet at such time and place as the legislature of Puerto Rico shall determine. The initial meeting shall constitute the establishment of the constitutional Convention. 102. Character of the constitution The constitutional Convention under section 101 shall formulate and draft a Constitution for Puerto Rico that guarantees the protection of fundamental human rights, including— (1) due process and equal protection under the law; (2) freedom of speech, press, assembly, association, and religion; (3) the rights of the accused; (4) any other economic, social, and cultural rights as the constitutional Convention may deem appropriate and necessary; and (5) provisions to ensure that no individual born in the nation of Puerto Rico shall be stateless at birth. 103. Submission; ratification (a) Submission Not later than one year after the establishment of the constitutional Convention, the Constitution formulated and drafted by the constitutional Convention shall be submitted to the eligible voters of Puerto Rico for ratification or rejection in a special election. (b) Manner of election The special election held under this subsection shall be held in the manner prescribed by the legislature of Puerto Rico. 104. Election of officers (a) In general Not later than one month after the ratification of the Constitution under section 103, the Governor of the territory of Puerto Rico shall issue a proclamation calling for the election of such officers of the nation of Puerto Rico as may be required by the ratified Constitution. (b) Rejection If the special election results in rejection of the Constitution, the process provided for in sections 101 through 103 shall be repeated, except that section 101(a) shall be applied by substituting— (1) the special election for a plebiscite ; and (2) rejecting of the Constitution for in favor of independence. (c) Deadline; procedures The election under subsection (a) shall be held— (1) not later than 6 months after the date of ratification of the Constitution; and (2) in accordance with the procedures and requirements established in the Constitution of the nation of Puerto Rico. (d) Certification of results Not later than 10 days after the election of officers under subsection (a), the Elections Commission shall certify the results of the election. The Governor of the territory of Puerto Rico shall inform the results of the election to the President of the United States, the President pro tempore of the United States Senate, the Speaker of the United States House of Representatives, the Committee on Energy and Natural Resources of the Senate, and the Committee on Natural Resources of the House of Representatives. 105. Conforming amendments to existing law (a) Review Not later than 30 days after the initial meeting of a constitutional Convention under section 101(d), the President shall initiate a review of Federal law with respect to Puerto Rico, including those regarding— (1) taxation of persons and businesses; (2) health care; (3) housing; (4) transportation; (5) education; and (6) entitlement programs. (b) Recommendations Not later than one year after the date on which the President initiates a review under subsection (a), the President shall submit recommendations to Congress for changes to Federal law identified during such review, as the President deems appropriate. 106. Joint Transition Commission (a) Appointment Not later than 3 months after the establishment of a constitutional Convention under section 101(d), a Joint Transition Commission shall be appointed in equal numbers by the President of the United States and the presiding officer of the Constitutional Convention of Puerto Rico. (b) Duties The Joint Transition Commission shall be responsible for expediting the orderly transfer of all functions currently exercised by the Federal Government in Puerto Rico, or in relation to Puerto Rico to the nation of Puerto Rico, and shall recommend to Congress any appropriate legislation to carry out such transfer. (c) Collaboration The Government of the territory of Puerto Rico and the agencies of the Government of the United States shall collaborate with the Joint Transition Commission and subsequently the officers of the nation of Puerto Rico, to provide for the orderly transfer of the functions under subsection (b). 107. Proclamations by President of the United States; Head of State of Puerto Rico (a) Proclamation Not later than one month after the official certification of the elected officers of the nation of Puerto Rico under section 104(d), the President of the United States shall by proclamation— (1) withdraw and surrender all rights of possession, supervision, jurisdiction, control, or sovereignty then existing and exercised by the United States over the territory and residents of Puerto Rico; (2) recognize, on behalf of the United States of America, the independence of the nation of Puerto Rico and the authority of the government instituted by eligible voters of Puerto Rico under the Constitution of their own adoption; and (3) state that the effective date of withdrawal of the sovereignty of the United States and recognition of independence shall be the same as the date of the proclamation. (b) Copy of Proclamation forwarded The President of the United States shall forward a copy of the proclamation issued under subsection (a) not later than one week after signature to the presiding officer of the Constitutional Convention of Puerto Rico, the officer elected as head of state of the nation, the President pro tempore of the United States Senate, the Speaker of the United States House of Representatives, the Senate Committee on Energy and Natural Resources, and the House Committee on Natural Resources. (c) Date Government To Take Office Not later than one week after the date of receipt of the Presidential proclamation and with the advice of the officer elected as head of state of the nation, the presiding officer of the constitutional Convention shall determine the date on which the Government of the nation shall take office, and shall so notify the Governor of the territory of Puerto Rico, the President of the United States, the President pro tempore of the United States Senate, and the Speaker of the United States House of Representatives. 108. Legal and constitutional provisions Upon the proclamation of independence as provided in this title, and except as otherwise provided in this title or in any separate agreements thereafter concluded between the United States and the nation of Puerto Rico— (1) all property, rights, and interests which the United States may have acquired over Puerto Rico by virtue of the Treaty of Paris of 1898, and thereafter by cession, purchase, or eminent domain, with the exception of such land and other property, rights, or interests as may have been sold or otherwise legally disposed of prior to the proclamation of Independence, shall vest ipso facto in the nation of Puerto Rico; and (2) except as provided in section 110, all laws of the United States applicable to the territory of Puerto Rico immediately prior to the proclamation of Independence shall no longer apply in the nation of Puerto Rico. 109. Judicial pronouncements (a) Judgments before proclamation The nation of Puerto Rico shall recognize and give effect to all orders and judgments rendered by United States or territorial courts before the date of the proclamation of independence pursuant to the laws of the United States then applicable to the territory of Puerto Rico. (b) Continuity of pending proceedings All judicial proceedings pending in the courts of the territory of Puerto Rico on the day of the proclamation of independence shall be continued in the corresponding courts under the Constitution of the nation of Puerto Rico. (c) Transfer of judicial power Upon the proclamation of independence, the judicial power of the United States shall no longer extend to Puerto Rico. All proceedings pending in the United States District Court for the District of Puerto Rico shall be transferred to the corresponding Puerto Rican courts of competence or other competent judicial authority under the Constitution of the nation of Puerto Rico for disposition in conformity with laws applicable at the time when the controversy in process arose. All proceedings pending in the United States Court of Appeals for the First Circuit, or in the Supreme Court of the United States, that initiated in, or that could have been initiated in, the courts of the territory or in the United States District Court for the District of Puerto Rico shall continue until their final disposition and shall be submitted to the competent authority of the nation of Puerto Rico for proper execution: Provided , That neither the United States nor any of its officers is a party, in which case any final judgment shall be properly executed by the competent authority of the United States. 110. Citizenship and immigration laws after Puerto Rican independence (a) In general (1) Puerto rican nationality After the effective date of independence, the citizenship status of each individual born in Puerto Rico shall be determined in accordance with the Constitution and laws of the nation of Puerto Rico. (2) United states immigration laws Except as described in this section, after the effective date of independence citizens of Puerto Rico seeking to enter into the United States or obtain citizenship in the United States shall be subject to the immigration laws of the United States (as such term is defined in section 101 of the Immigration and Nationality Act ( 8 U.S.C. 1101 )). (b) Effect of puerto rican citizenship Nothing in this Act precludes or limits the applicability of section 349 of the Immigration and Nationality Act ( 8 U.S.C. 1481 ), except that the provision of citizenship by the laws of Puerto Rico shall not constitute or otherwise serve as the basis of loss, or relinquishment of United States citizenship under such section. (c) Citizenship at birth after independence An individual born in Puerto Rico after the effective date of independence to at least one parent who became a United States citizen under section 302 of the Immigration and Nationality Act ( 8 U.S.C. 1402 ) is not a United States citizen at birth under subsection (c), (d), or (g) of section 301 of the Immigration and Nationality Act ( 8 U.S.C. 1401(c) , (d), or (g)). (d) Travel and work authorization (1) Any person in the following categories may enter, lawfully engage in occupations, and establish residence as a nonimmigrant in the United States and its territories and possessions without regard to paragraphs (5)(A) and (7) of section 212(a) of the Immigration and Nationality Act ( 8 U.S.C. 1182(a) ; (5)(A) and (7))— (A) a person who acquires the citizenship of Puerto Rico, at birth, on or after the effective date of independence; or (B) a naturalized citizen of Puerto Rico, who has been an actual resident there for not less than five years after attaining such naturalization and who holds a proof of such residence. Such persons shall be considered to have the permission of the Secretary of Homeland Security to accept employment in the United States. (2) The right of such persons to establish habitual residence in a territory or possession of the United States may, however, be subjected to nondiscriminatory limitations provided for— (A) in statutes or regulations of the United States; or (B) in those statutes or regulations of the territory or possession concerned which are authorized by the laws of the United States. (3) This subsection shall expire 25 years after the date of independence. (e) Conforming amendments (1) In general Section 101 of the Immigration and Nationality Act ( 8 U.S.C. 1101 ) is amended by striking Puerto Rico, in subsection (a) paragraph (36) and in subsection (a) paragraph (38). (2) Prior to independence Puerto Rico shall be considered to be in the United States, as such term is defined in section 101(a)(38) of the Immigration and Nationality Act ( 8 U.S.C. 1101(a)(38) ) prior to the effective date of independence. (f) Rule of Construction Nothing in this section shall limit the power and authority of the United States to change policy requirements for United States citizenship. 111. Individual rights to economic benefits and grants (a) Rights and benefits All vested rights and benefits which accrue to residents of the territory of Puerto Rico under the laws of the United States from past services or contributions, such as rights and benefits for veterans or relatives of veterans of the Armed Forces of the United States, retired Government employees, or beneficiaries of old age, disability, or survivors’ insurance benefits under the Social Security Act, shall not be interrupted after the proclamation of independence but will continue until such time as said rights and benefits are completely extinguished according to the applicable laws of the United States. All services which must be rendered as part of these rights and benefits shall be made available through the Government of the nation of Puerto Rico in accordance with agreements reached by the two nations. (b) Social Security System Notwithstanding the provisions in subsection (a), all contributions made by employees and employers in Puerto Rico to the Social Security system with respect to persons who, upon the proclamation of independence, are residents of the nation of Puerto Rico and are not yet eligible for old age, disability, or survivors’ insurance benefits under the system, shall be transferred to the Government of the nation of Puerto Rico once said Government establishes its own social security system. The Government of the nation of Puerto Rico may not use these funds for any purpose other than the establishment and operation of a social security system. Upon the transfer described herein, the obligations of the United States Government under the Social Security Act with respect to such residents of the nation of Puerto Rico shall cease. (c) Other Federal transfer payments (1) Block grants All other Federal transfer payments to individuals and to the Government of the territory of Puerto Rico shall be maintained in the form of annual block grants to be used discretionally by the Government of the nation of Puerto Rico. (2) Annual aggregate funding During the ten fiscal years following the proclamation of independence, the annual block grants shall amount to the annual aggregate funding of all programs which currently extend to the territory of Puerto Rico, or of all programs which shall have been extended to the territory of Puerto Rico during the fiscal year immediately prior to the proclamation of independence, whichever shall be greater. (3) Decrease in amount The annual block grants shall decrease thereafter on a straight-line basis, at the rate of ten percent each year, beginning on the eleventh fiscal year after the proclamation of independence. At any time during the aforementioned transition period the terms of this subsection may be modified by agreement between the United States and the nation of Puerto Rico. 201. Constitutional convention (a) Election of delegates Not later than 6 months after the effective date of certification of a plebiscite result under this Act in favor of Sovereignty in Free Association with the United States, the legislature of Puerto Rico shall provide for the election of delegates to a constitutional Convention to formulate and draft a Constitution for the nation of Puerto Rico. (b) Eligible voters All eligible voters may vote in the election of delegates to the constitutional Convention. (c) General applicability of electoral law The laws of the territory of Puerto Rico relating to the electoral process shall apply to a special election held under this Act. (d) Initial meeting Not later than 3 months after the election of delegates to the constitutional Convention, the elected delegates shall meet at such time and place as the legislature of Puerto Rico shall determine. The initial meeting shall constitute the establishment of the constitutional Convention. 202. Character of the constitution The constitutional Convention under section 201 shall formulate and draft a Constitution for Puerto Rico that guarantees the protection of fundamental human rights, including— (1) due process and equal protection under the law; (2) freedom of speech, press, assembly, association, and religion; (3) the rights of the accused; (4) any other economic, social, and cultural rights as the constitutional Convention may deem appropriate and necessary; and (5) provisions to ensure that no individual born in the nation of Puerto Rico shall be stateless at birth. 203. Submission; ratification (a) Submission Not later than 2 years after the establishment of the constitutional Convention, the Constitution formulated and drafted by the constitutional Convention shall be submitted to the eligible voters of Puerto Rico for ratification or rejection in a special election. (b) Manner of election The special election held under this subsection shall be held in the manner prescribed by the legislature of Puerto Rico. 204. Election of officers (a) In general Not later than one month after the ratification of the Constitution under section 203, the Governor of the territory of Puerto Rico shall issue a proclamation calling for the election of such officers of the nation of Puerto Rico as may be required by the ratified Constitution. (b) Rejection If the special election results in rejection of the Constitution, the process provided for in sections 201 through 203 shall be repeated, except that section 201(a) shall be applied by substituting— (1) the special election for a plebiscite ; and (2) rejecting the Constitution for in favor of sovereignty in free association with the United States. (c) Deadline; procedures The election under subsection (a) shall be held— (1) not later than 6 months after the date of ratification of the Constitution; and (2) in accordance with the procedures and requirements established in the Constitution of the nation of Puerto Rico. (d) Certification of results Not later than 10 days after the election of officers under subsection (a), the Elections Commission shall certify the results of the election. The Governor of the territory of Puerto Rico shall inform the results of the election to the President of the United States, the President pro tempore of the United States Senate, the Speaker of the United States House of Representatives, the Committee on Energy and Natural Resources of the Senate, and the Committee on Natural Resources of the House of Representatives. 205. Proclamations by President of the United States; Head of State of Puerto Rico (a) Proclamation Not later than one month after the official certification of the elected officers of the nation of Puerto Rico under section 204, the President of the United States shall by proclamation— (1) withdraw and surrender all rights of possession, supervision, jurisdiction, control, or sovereignty then existing and exercised by the United States over the territory and residents of Puerto Rico; (2) recognize, on behalf of the United States of America, the international sovereignty through free association of the nation of Puerto Rico and the authority of the government instituted by eligible voters of Puerto Rico under the Constitution of their own adoption; and (3) state that the effective date of withdrawal of the sovereignty of the United States and recognition of international sovereignty through free association shall be the same as the date of the proclamation. (b) Copy of proclamation forwarded The President of the United States shall forward a copy of the proclamation issued under subsection (a) not later than one week after signature to the presiding officer of the Constitutional Convention of Puerto Rico, the officer elected as head of state of the nation, the President pro tempore of the United States Senate, the Speaker of the United States House of Representatives, the Senate Committee on Energy and Natural Resources, and the House Committee on Natural Resources. (c) Date Government To Take Office Not later than one week after the date of receipt of the Presidential proclamation and with the advice of the officer elected as head of state of the nation, the presiding officer of the constitutional Convention shall determine the date on which the Government of the nation shall take office, and shall so notify the Governor of the territory of Puerto Rico, the President of the United States, the President pro tempore of the United States Senate, and the Speaker of the United States House of Representatives. 206. Legal and constitutional provisions Upon the proclamation of international sovereignty through free association as provided in this title, and except as otherwise provided in this title or in any separate agreements thereafter concluded between the United States and the nation of Puerto Rico— (1) all property, rights, and interests which the United States may have acquired over Puerto Rico by virtue of the Treaty of Paris of 1898, and thereafter by cession, purchase, or eminent domain, with the exception of such land and other property, rights, or interests as may have been sold or otherwise legally disposed of prior to the proclamation of international sovereignty through free association, shall vest ipso facto in the nation of Puerto Rico; and (2) except as provided in section 209, all laws of the United States applicable to the territory of Puerto Rico immediately prior to the proclamation of international sovereignty through free association shall no longer apply in the nation of Puerto Rico. 207. Judicial pronouncements (a) Judgments before proclamation The nation of Puerto Rico shall recognize and give effect to all orders and judgments rendered by United States or territorial courts before the date of the proclamation of international sovereignty through free association pursuant to the laws of the United States then applicable to the territory of Puerto Rico. (b) Continuity of pending proceedings All judicial proceedings pending in the courts of the territory of Puerto Rico on the day of the proclamation of international sovereignty through free association shall be continued in the corresponding courts under the Constitution of the nation of Puerto Rico. (c) Transfer of judicial power Upon the proclamation of international sovereignty through free association, the judicial power of the United States shall no longer extend to Puerto Rico. All proceedings pending in the United States District Court for the District of Puerto Rico shall be transferred to the corresponding Puerto Rican courts of competence or other competent judicial authority under the Constitution of the nation of Puerto Rico for disposition in conformity with laws applicable at the time when the controversy in process arose. All proceedings pending in the United States Court of Appeals for the First Circuit, or in the Supreme Court of the United States, that initiated in, or that could have been initiated in, the courts of the territory or in the United States District Court for the District of Puerto Rico shall continue until their final disposition and shall be submitted to the competent authority of the nation of Puerto Rico for proper execution: Provided , That neither the United States nor any of its officers is a party, in which case any final judgment shall be properly executed by the competent authority of the United States. 208. Citizenship and immigration laws after sovereignty through free association (a) In general (1) Puerto rican nationality After the proclamation of international sovereignty through free association, the citizenship status of each individual born in Puerto Rico shall be determined in accordance with the Constitution and laws of the nation of Puerto Rico. (2) United states immigration laws Except as described in this section, after the proclamation of international sovereignty through free association, citizens of Puerto Rico seeking to enter into the United States or obtain citizenship in the United States shall be subject to the immigration laws of the United States (as such term is defined in section 101 of the Immigration and Nationality Act ( 8 U.S.C. 1101 )). (b) Effect of puerto rican citizenship Nothing in this Act precludes or limits the applicability of section 349 of the Immigration and Nationality Act ( 8 U.S.C. 1481 ), except that the provision of citizenship by the laws of Puerto Rico shall not constitute or otherwise serve as the basis of loss, or relinquishment of United States citizenship under such section. (c) Citizenship at birth after sovereignty (1) In general Except as described in paragraph (2), an individual born in Puerto Rico after the proclamation of international sovereignty through free association to at least one parent who became a United States citizen under section 302 of the Immigration and Nationality Act ( 8 U.S.C. 1402 ) is not a United States citizen at birth under subsection (c), (d), or (g) of section 301 of the Immigration and Nationality Act (8 U.S.C. 1401 (c), (d), or (g)). (2) Transition period During the implementation of the first Articles of Free Association, an individual born in Puerto Rico to at least one parent who is a citizen of the United States shall be a United States citizen at birth under section 301 of the Immigration and Nationality Act ( 8 U.S.C. 1401 ) if otherwise eligible. (d) Travel and work authorization (1) Any person in the following categories may enter, lawfully engage in occupations, and establish residence as a nonimmigrant in the United States and its territories and possessions without regard to paragraphs (5)(A) and (7) of section 212(a) of the Immigration and Nationality Act ( 8 U.S.C. 1182(a) ; (5)(A) and (7)): (A) a person who acquires the citizenship of Puerto Rico, at birth, on or after the effective date of international sovereignty through free association; or (B) a naturalized citizen of Puerto Rico, who has been an actual resident there for not less than five years after attaining such naturalization and who holds a proof of such residence. Such persons shall be considered to have the permission of the Secretary of Homeland Security to accept employment in the United States. (2) The right of such persons to establish habitual residence in a territory or possession of the United States may, however, be subjected to nondiscriminatory limitations provided for— (A) in statutes or regulations of the United States; or (B) in those statutes or regulations of the territory or possession concerned which are authorized by the laws of the United States. (3) This subsection shall expire upon the termination of the Articles of Free Association in accordance with section 211. (e) Conforming amendments (1) In general Section 101 of the Immigration and Nationality Act ( 8 U.S.C. 1101 ) is amended by striking Puerto Rico, in subsection (a) paragraph (36) and in subsection (a) paragraph (38). (2) Prior to sovereignty Puerto Rico shall be considered to be in the United States, as such term is defined in section 101(a)(38) of the Immigration and Nationality Act ( 8 U.S.C. 1101(a)(38) ) prior to the date of international sovereignty through free association. (f) Rule of Construction Nothing in this section shall limit the power and authority of the United States to change policy requirements for United States citizenship. 209. Conforming amendments to existing law (a) Review Not later than 30 days after the initial meeting of a constitutional Convention under section 201(d), the President shall initiate a review of Federal law with respect to Puerto Rico, including those regarding— (1) taxation of persons and businesses; (2) health care; (3) housing; (4) transportation; (5) education; and (6) entitlement programs. (b) Recommendations Not later than one year after the date on which the President initiates a review under subsection (a), the President shall submit recommendations to Congress for changes to Federal law identified during such review, as the President deems appropriate. 210. Bilateral Negotiating Commission (a) In general If a plebiscite held under this Act results in a majority vote for sovereignty in free association with the United States, there shall be a Bilateral Negotiating Commission which shall conduct negotiations on Articles of Free Association with the United States. (b) Members Not later than 3 months after the establishment of the constitutional Convention under section 201— (1) the Convention shall elect, by majority vote, 5 members from among its delegates to join the Bilateral Negotiating Commission on behalf of Puerto Rico; and (2) the President of the United States shall designate 5 members to the Bilateral Negotiating Commission, one of whom shall also be nominated for the rank of Ambassador, to negotiate on behalf of the United States. (c) Initial meeting Not later than 3 months after the election and designation of members to the Bilateral Negotiating Commission, members shall meet at such time and place as the legislature of Puerto Rico shall determine. Such meeting shall constitute the establishment of the Bilateral Negotiating Commission. (d) Duties The Bilateral Negotiating Commission shall— (1) be responsible for expediting the orderly transfer of all functions currently exercised by the Government of the United States in Puerto Rico, to Puerto Rico, and shall recommend to Congress any appropriate legislation to carry into effect such transfer, including any appropriate enabling legislation as may be required by the Articles of Free Association; (2) negotiate all matters pertaining to the government-to-government relationship between Puerto Rico and the United States through the development of the Articles of Free Association, including foreign affairs, trade, finance, taxation, currency, economic assistance, security and defense, dispute resolution, immigration, economic benefits (including grants), and termination of the free association status; and (3) endeavor to complete the Articles of Free Association not later than 2 years after the commencement of the constitutional Convention. (e) Collaboration The Government of the territory of Puerto Rico and the agencies of the Government of the United States shall collaborate with the Bilateral Negotiating Commission to provide for the orderly transfer of the functions of government as required by the Articles of Free Association. 211. Articles of Free Association approval and effective date (a) Approval The Articles of Free Association shall come into effect upon mutual agreement between the Government of the United States and the Government of Puerto Rico after completion of approval by— (1) a separate ratification vote on the Articles by the eligible voters in the special election held under section 203; and (2) the Government of the United States in accordance with its constitutional processes. (b) Rejection If the special election under subsection (a)(1) results in rejection of the Articles of Free Association, the process provided for in section 210 and subsection (a) shall be repeated. 212. Termination The Articles of Free Association between the United States and Puerto Rico may be terminated at will by either party at any time. 213. Individual rights to economic benefits and grants (a) Rights and benefits All vested rights and benefits which accrue to residents of the territory of Puerto Rico under the laws of the United States from past services or contributions, such as rights and benefits for veterans or relatives of veterans of the Armed Forces of the United States, retired Government employees, or beneficiaries of old age, disability, or survivors’ insurance benefits under the Social Security Act, shall not be interrupted after the proclamation of international sovereignty through free association but will continue until such time as said rights and benefits are completely extinguished according to the applicable laws of the United States. All services which must be rendered as part of these rights and benefits shall be made available through the Government of the nation of Puerto Rico in accordance with agreements reached by the two nations. (b) Social Security System Notwithstanding subsection (a), all contributions made by employees and employers in Puerto Rico to the Social Security system with respect to persons who, upon the proclamation of international sovereignty through free association, are residents of the nation of Puerto Rico and are not yet eligible for old age, disability, or survivors’ insurance benefits under the system, shall be transferred to the Government of the nation of Puerto Rico once said Government establishes its own social security system. The Government of the nation of Puerto Rico may not use these funds for any purpose other than the establishment and operation of a social security system. Upon the transfer described herein, the obligations of the United States Government under the Social Security Act with respect to such residents of the nation of Puerto Rico shall cease. (c) Other Federal transfer payments All other Federal transfer payments to individuals and to the Government of the territory of Puerto Rico shall be maintained in the form of annual block grants to be used discretionally by the Government of the nation of Puerto Rico— (1) during the 10 fiscal years following the proclamation of international sovereignty through free association, the annual block grants shall amount to the annual aggregate funding of all programs which currently extend to the territory of Puerto Rico, or of all programs which shall have been extended to the territory of Puerto Rico during the fiscal year immediately prior to the proclamation of international sovereignty through free association, whichever shall be greater; and (2) the annual block grants shall decrease thereafter on a straight-line basis, at the rate of ten percent each year, beginning on the eleventh fiscal year after the proclamation of international sovereignty through free association. At any time during the aforementioned transition period the terms of this subsection may be modified by agreement between the United States and the nation of Puerto Rico. (d) Revision The terms and conditions of this subsection may be revised as part of an agreement under the Articles of Free Association. 301. Presidential proclamation; admission into the Union If a plebiscite held under this Act results in a majority vote for statehood: (1) Presidential proclamation; date of admission Upon receipt of the Elections Commission’s certification of the plebiscite results pursuant to section 5(d), the President shall issue a proclamation declaring the date that Puerto Rico is admitted as a State of the Union on an equal footing with all other States, which shall be a date not later than one year after the effective date of the plebiscite results. (2) Submission of Proclamation The President shall cause such proclamation to be submitted to the Governor of Puerto Rico, the legislature of Puerto Rico, the President pro tempore of the United States Senate, the Speaker of the United States House of Representatives, the Senate Committee on Energy and Natural Resources, and the House Committee on Natural Resources. (3) Admission into the Union Subject to the provisions of this Act, and upon the date declared by the President for admission of Puerto Rico as a State under the proclamation under paragraph (1), the territory of Puerto Rico shall be a State of the United States of America and as such admitted into the Union on an equal footing with the other States in all respects. Upon admission, Puerto Rico shall be known as the State of Puerto Rico. (4) Incorporation Puerto Rico shall remain unincorporated until its admission as a State of the Union under paragraph (3). 302. Conforming amendments to existing law (a) Review Not later than 30 days after the certification of a plebiscite result under this Act in favor of statehood, the President shall initiate a review of Federal law with respect to Puerto Rico, including those regarding— (1) taxation of persons and businesses; (2) health care; (3) housing; (4) transportation; (5) education; and (6) entitlement programs. (b) Recommendations Not later than one year after the date on which the President initiates a review under subsection (a), the President shall submit any recommendations to Congress for changes to Federal law identified during such review, as the President deems appropriate. 303. Territory and boundaries The State of Puerto Rico shall consist of all of the islands, together with their appurtenant reefs, seafloor, submerged lands, and territorial waters in the seaward boundary, presently under the jurisdiction of the territory of Puerto Rico. 304. Constitution (a) In general The Constitution of the territory of Puerto Rico, as approved by Public Law 82–447 and subsequently amended as of the date of enactment of this Act is hereby found to be republican in form and in conformity with the Constitution of the United States and the principles of the Declaration of Independence, and is hereby accepted, ratified, and confirmed as the Constitution of the State of Puerto Rico. (b) Future constitutions The Constitution of the State of Puerto Rico— (1) shall always be republican in form; and (2) shall not be repugnant to the Constitution of the United States and the principles of the Declaration of Independence. 305. Elections of Senators and Representatives, certification, and legal disputes (a) Elections of Senators and Representatives Not more than one month after the proclamation under section 301, the Governor of Puerto Rico shall issue a declaration that shall designate and announce the dates and other requirements for primary and general elections under applicable Federal and local law for representation in the Senate and the House of Representatives of the United States upon admission of Puerto Rico as a State. (b) Resident commissioner The office of Resident Commissioner of Puerto Rico shall cease to exist upon the swearing in of the first Representative from the State of Puerto Rico to the House of Representatives. (c) Senators and representatives (1) In general Upon its admission into the Union, the State of Puerto Rico shall be entitled to Senators and Representatives who shall be entitled to be admitted to seats in the Congress of the United States and to all the rights and privileges of Senators and Representatives of the other States in the Congress of the United States. (2) First election of Senators In the first election of Senators, the two senatorial offices shall be separately identified and designated, and no person may be a candidate for both offices. Nothing in this section shall impair the privilege of the Senate to determine the class and term to which each of the Senators elected shall be assigned, with the exception that the Senators shall not be in the same class. (3) First election of Representatives In the first election of Representatives, and subsequent elections until the next Census-based reapportionment cycle, the State of Puerto Rico shall be entitled to the same number of Representatives as the State whose most recent Census population was closest to, but less than, that of Puerto Rico, and such Representatives shall be in addition to the membership of the House of Representatives as now prescribed by law. Any such increase in the membership shall not operate to either increase or decrease the permanent membership of the House of Representatives as prescribed in the Act of August 8, 1911 (37 Stat. 13), nor shall such temporary increase affect the basis of apportionment established by the Act of November 15, 1941 (55 Stat. 761), for the 83d Congress and each Congress thereafter, unless Congress acts to increase the total number of Members of the House of Representatives. Thereafter, the State of Puerto Rico shall be entitled to such number of Representatives as provided for by applicable law based on the next reapportionment. The apportionment of congressional districts for the first election and subsequent election of Representatives shall be conducted as provided for by the Constitution and laws of the State of Puerto Rico for state legislative districts. (d) Certification of results The Elections Commission shall certify the results of primary and general elections for representation in the Senate and the House of Representatives of the United States to the Governor. Not later than 10 days after the date of each certification, the Governor shall declare the results of the primary and general elections, and transmit the results of each election to the President of the United States, the President pro tempore of the Senate, and the Speaker of the House of Representatives. (e) Jurisdiction of District Court The United States District Court for the District of Puerto Rico shall have original and exclusive jurisdiction of any civil action alleging a dispute or controversy pertaining to electoral processes conducted under this section. 306. State title to land and property (a) State title The State of Puerto Rico and its political subdivisions and dependencies shall have and retain title to all property, real and personal, held by the territory of Puerto Rico and its political subdivisions and dependencies on the date of the admission of Puerto Rico into the Union. (b) Federal title Any lands and other properties that, as of the date of admission of Puerto Rico into the Union, are set aside pursuant to law for the use of the United States under any— (1) Act of Congress; (2) Executive order; (3) proclamation of the President; or (4) proclamation of the Governor of the territory of Puerto Rico, shall remain the property of the United States. (c) Continental shelf The State of Puerto Rico shall have the exclusive right to explore, exploit, lease, possess, and use all seabed, natural, and mineral resources lying within three marine leagues (nine nautical miles) from its shore, as granted under section 8 of the Act of March 2, 1917 ( 48 U.S.C. 749 ; 39 Stat. 954). All other rights of sovereignty in regards to the continental shelf and waters, shall belong to the United States, except those already vested in Puerto Rico. 307. Continuity of laws, government, and obligations Upon the admission of the State of Puerto Rico into the Union: (1) Continuity of laws All of the territorial laws in force in Puerto Rico on the date of issuance of the proclamation described in section 301(1) not inconsistent with this Act or the Constitution of the State of Puerto Rico shall be and continue in force and effect throughout the State, until amended, modified, or repealed by the State. All of the laws of the United States shall have the same force and effect within the State as in the other several States. (2) Continuity of government The individuals holding legislative, executive, and judicial offices of Puerto Rico shall continue to discharge the duties of their respective offices when Puerto Rico becomes a State of the Union in, under, or by authority of the government of the State, as provided by the constitution and laws of the State. (3) Continuity of obligations All contracts, obligations, liabilities, debts, and claims of the territory of Puerto Rico and its instrumentalities at the moment of admission shall continue in full force and effect as the contracts, obligations, liabilities, debts, and claims of the State of Puerto Rico and its instrumentalities when Puerto Rico becomes a State of the Union. (4) Use and enjoyment of property All laws of the United States reserving to the United States the free use or enjoyment of property which vests in or is conveyed to the State of Puerto Rico or its political subdivisions pursuant to this section or reserving the right to alter, amend, or repeal laws relating thereto, shall cease to be effective. 308. Judicial pronouncements (a) Pending No writ, action, indictment, cause, or proceeding pending in any court of the territory of Puerto Rico, shall abate by reason of the admission of the State of Puerto Rico into the Union, but shall proceed within such appropriate State courts as shall be established under the Constitution of the State of Puerto Rico, or shall continue in the United States District Court for the District of Puerto Rico, as the nature of the case may require. (b) Not yet pending All civil causes of action and all criminal offenses, which shall have arisen or been committed before the admission of the State, but as to which no writ, action, indictment, or proceeding shall be pending at the date of such admission, shall be subject to prosecution in the appropriate State courts or in the United States District Court for the District of Puerto Rico in like manner, to the same extent, and with like right of appellate review, as if such State had been created and such State courts had been established prior to the accrual of such causes of action or the commission of such offenses. The admission of the State shall effect no change in the procedural or substantive laws governing causes of action and criminal offenses which shall have arisen or been committed, and any such criminal offenses as shall have been committed against the laws of the territory of Puerto Rico, shall be tried and punished by the appropriate courts of the State, and any such criminal offenses as shall have been committed against the laws of the United States shall be tried and punished in the United States District Court for the District of Puerto Rico. (c) Appeals Parties shall have the same rights of judicial review of final decisions of the United States District Court for the District of Puerto Rico or the Supreme Court of Puerto Rico, in any case finally decided prior to the admission of the State of Puerto Rico into the Union, whether or not an appeal therefrom shall have been perfected prior to such admission. The United States Court of Appeals for the First Circuit and the Supreme Court of the United States, shall have the same jurisdiction in such cases as by law provided prior to the admission of the State into the Union. Any mandate issued subsequent to the admission of the State, shall be to the United States District Court for the District of Puerto Rico or a court of the State, as appropriate. Parties shall have the same rights of appeal from and appellate review of all orders, judgments, and decrees of the United States District Court for the District of Puerto Rico and of the Supreme Court of Puerto Rico, in any case pending at the time of admission of the State into the Union, and the Supreme Court of Puerto Rico and the Supreme Court of the United States shall have the same jurisdiction therein, as by law provided in any case arising subsequent to the admission of the State into the Union.
64,882
[ "Natural Resources Committee" ]
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118
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7,416
ih
To address food and housing insecurity on college campuses.
[ { "text": "1. Short title \nThis Act may be cited as the Closing the College Hunger Gap Act.", "id": "H9C13C794CFAD47069A0B1487A53D9F89", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Information on SNAP eligibility \n(a) In general \nSection 483 of the Higher Education Act of 1965 ( 20 U.S.C. 1090 ) is amended by adding at the end the following: (i) Information on SNAP eligibility \n(1) In general \nFor each year for which a student described in paragraph (2) submits a form described in subsection (a), the Secretary shall send to such student information regarding potential eligibility for assistance under, and application process for, the supplemental nutrition assistance program established under the Food and Nutrition Act of 2008 ( 7 U.S.C. 2011 et seq. ) in written and electronic form. Both the written and electronic communication shall include contact information for the State agency responsible for administering the supplemental nutrition assistance program in the State in which the student resides. (2) Students \nA student is described in this paragraph if the student has an expected family contribution equal to zero for the year.. (b) Consultation \nThe Secretary of Education shall consult with the Secretary of Agriculture, and the head of any other applicable Federal or State agency, in designing the written and electronic communication regarding potential eligibility for assistance under, and application process for, the supplemental nutrition assistance program established under the Food and Nutrition Act of 2008 ( 7 U.S.C. 2011 et seq. ) as described in section 483(i) of the Higher Education Act of 1965 ( 20 U.S.C. 1090(i) ).", "id": "H4B260AAF7A9B4CB39B83631A0FC0C77D", "header": "Information on SNAP eligibility", "nested": [ { "text": "(a) In general \nSection 483 of the Higher Education Act of 1965 ( 20 U.S.C. 1090 ) is amended by adding at the end the following: (i) Information on SNAP eligibility \n(1) In general \nFor each year for which a student described in paragraph (2) submits a form described in subsection (a), the Secretary shall send to such student information regarding potential eligibility for assistance under, and application process for, the supplemental nutrition assistance program established under the Food and Nutrition Act of 2008 ( 7 U.S.C. 2011 et seq. ) in written and electronic form. Both the written and electronic communication shall include contact information for the State agency responsible for administering the supplemental nutrition assistance program in the State in which the student resides. (2) Students \nA student is described in this paragraph if the student has an expected family contribution equal to zero for the year..", "id": "HFBC89F9107BB45419BC904B8E4572656", "header": "In general", "nested": [], "links": [ { "text": "20 U.S.C. 1090", "legal-doc": "usc", "parsable-cite": "usc/20/1090" }, { "text": "7 U.S.C. 2011 et seq.", "legal-doc": "usc", "parsable-cite": "usc/7/2011" } ] }, { "text": "(b) Consultation \nThe Secretary of Education shall consult with the Secretary of Agriculture, and the head of any other applicable Federal or State agency, in designing the written and electronic communication regarding potential eligibility for assistance under, and application process for, the supplemental nutrition assistance program established under the Food and Nutrition Act of 2008 ( 7 U.S.C. 2011 et seq. ) as described in section 483(i) of the Higher Education Act of 1965 ( 20 U.S.C. 1090(i) ).", "id": "HA22246F7CE644B288933F811E6A18EA9", "header": "Consultation", "nested": [], "links": [ { "text": "7 U.S.C. 2011 et seq.", "legal-doc": "usc", "parsable-cite": "usc/7/2011" }, { "text": "20 U.S.C. 1090(i)", "legal-doc": "usc", "parsable-cite": "usc/20/1090" } ] } ], "links": [ { "text": "20 U.S.C. 1090", "legal-doc": "usc", "parsable-cite": "usc/20/1090" }, { "text": "7 U.S.C. 2011 et seq.", "legal-doc": "usc", "parsable-cite": "usc/7/2011" }, { "text": "7 U.S.C. 2011 et seq.", "legal-doc": "usc", "parsable-cite": "usc/7/2011" }, { "text": "20 U.S.C. 1090(i)", "legal-doc": "usc", "parsable-cite": "usc/20/1090" } ] }, { "text": "3. Effective date \nThis Act and the amendment made by this Act shall take effect 120 days after the date of enactment of this Act.", "id": "HC9F4831E0A164B35BA9AD1B07E400AE9", "header": "Effective date", "nested": [], "links": [] } ]
3
1. Short title This Act may be cited as the Closing the College Hunger Gap Act. 2. Information on SNAP eligibility (a) In general Section 483 of the Higher Education Act of 1965 ( 20 U.S.C. 1090 ) is amended by adding at the end the following: (i) Information on SNAP eligibility (1) In general For each year for which a student described in paragraph (2) submits a form described in subsection (a), the Secretary shall send to such student information regarding potential eligibility for assistance under, and application process for, the supplemental nutrition assistance program established under the Food and Nutrition Act of 2008 ( 7 U.S.C. 2011 et seq. ) in written and electronic form. Both the written and electronic communication shall include contact information for the State agency responsible for administering the supplemental nutrition assistance program in the State in which the student resides. (2) Students A student is described in this paragraph if the student has an expected family contribution equal to zero for the year.. (b) Consultation The Secretary of Education shall consult with the Secretary of Agriculture, and the head of any other applicable Federal or State agency, in designing the written and electronic communication regarding potential eligibility for assistance under, and application process for, the supplemental nutrition assistance program established under the Food and Nutrition Act of 2008 ( 7 U.S.C. 2011 et seq. ) as described in section 483(i) of the Higher Education Act of 1965 ( 20 U.S.C. 1090(i) ). 3. Effective date This Act and the amendment made by this Act shall take effect 120 days after the date of enactment of this Act.
1,691
[ "Education and the Workforce Committee" ]
118hr2404ih
118
hr
2,404
ih
To prohibit the availability of funds to provide assistance to foreign countries that criminalize or discriminate based on gender, and for other purposes.
[ { "text": "1. Short title \nThis Act may be cited as the Women’s Rights and Protection Act of 2023.", "id": "H133BFC192CDB41F9BAEC199DA553C319", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Prohibition on availability of funds for foreign countries that criminalize or discriminate based on gender \n(a) Prohibition \nExcept as provided in subsection (b), no Federal funds may be obligated or expended to provide assistance, directly or indirectly, to a country described in subsection (c). (b) Exception \n(1) In general \nThe President may authorize an obligation or expenditure of Federal funds to assist a country described in subsection (c) only if the President determines, on a case-by-case basis, that such proposed obligation or expenditure is vital to the national security interests of the United States. (2) Briefing \nUpon making a determination under paragraph (1), the President, acting through the Secretary of State, shall provide to the appropriate congressional committees and congressional leadership a briefing on such determination. (c) Countries described \nA country described in this subsection is a foreign country the government of which the President determines has enacted or established and is implementing any provision of law, or provision which has the force and effect of law, that criminalizes or discriminates on the basis of gender, including through such provisions that, on the basis of gender— (1) limit or prohibit women from— (A) enrolling in or attending any educational institution, school, or other program of instruction, or otherwise seeking or receiving education activities; (B) operating a vehicle; (C) freely exercising any religion; or (D) walking or otherwise traveling without a male escort; or (2) authorize (including as a form of punishment) female genital mutilation, sexual abuse, beheading, or any other practice that targets the lives of women. (d) Definitions \nIn this section: (1) Appropriate congressional committees \nThe term appropriate congressional committees means the following: (A) The Committee on Foreign Affairs and the Permanent Select Committee on Intelligence of the House of Representatives. (B) The Committee on Foreign Relations and the Select Committee on Intelligence of the Senate. (2) Congressional leadership \nThe term congressional leadership means the following: (A) The Speaker of the House of Representatives. (B) The minority leader of the House of Representatives. (C) The majority leader of the Senate. (D) The minority leader of the Senate. (e) Effective date \nThis Act shall take effect on the date that is 180 days after the date of the enactment of this Act.", "id": "HDD9F5C10A56A406DB8771F3A1F2731A7", "header": "Prohibition on availability of funds for foreign countries that criminalize or discriminate based on gender", "nested": [ { "text": "(a) Prohibition \nExcept as provided in subsection (b), no Federal funds may be obligated or expended to provide assistance, directly or indirectly, to a country described in subsection (c).", "id": "H1390FCF6ED234C34BC6205196AB7BAFE", "header": "Prohibition", "nested": [], "links": [] }, { "text": "(b) Exception \n(1) In general \nThe President may authorize an obligation or expenditure of Federal funds to assist a country described in subsection (c) only if the President determines, on a case-by-case basis, that such proposed obligation or expenditure is vital to the national security interests of the United States. (2) Briefing \nUpon making a determination under paragraph (1), the President, acting through the Secretary of State, shall provide to the appropriate congressional committees and congressional leadership a briefing on such determination.", "id": "HC9D16F63D2FF462A8B87CBAAA66379D9", "header": "Exception", "nested": [], "links": [] }, { "text": "(c) Countries described \nA country described in this subsection is a foreign country the government of which the President determines has enacted or established and is implementing any provision of law, or provision which has the force and effect of law, that criminalizes or discriminates on the basis of gender, including through such provisions that, on the basis of gender— (1) limit or prohibit women from— (A) enrolling in or attending any educational institution, school, or other program of instruction, or otherwise seeking or receiving education activities; (B) operating a vehicle; (C) freely exercising any religion; or (D) walking or otherwise traveling without a male escort; or (2) authorize (including as a form of punishment) female genital mutilation, sexual abuse, beheading, or any other practice that targets the lives of women.", "id": "H804A3D6BEE4D434788A4FDA09C0FE22B", "header": "Countries described", "nested": [], "links": [] }, { "text": "(d) Definitions \nIn this section: (1) Appropriate congressional committees \nThe term appropriate congressional committees means the following: (A) The Committee on Foreign Affairs and the Permanent Select Committee on Intelligence of the House of Representatives. (B) The Committee on Foreign Relations and the Select Committee on Intelligence of the Senate. (2) Congressional leadership \nThe term congressional leadership means the following: (A) The Speaker of the House of Representatives. (B) The minority leader of the House of Representatives. (C) The majority leader of the Senate. (D) The minority leader of the Senate.", "id": "HACF4B9DCBEDF4088AFC0FFC1481BE613", "header": "Definitions", "nested": [], "links": [] }, { "text": "(e) Effective date \nThis Act shall take effect on the date that is 180 days after the date of the enactment of this Act.", "id": "H80F5279EE2CC4FB6AED104FFAF935D2D", "header": "Effective date", "nested": [], "links": [] } ], "links": [] } ]
2
1. Short title This Act may be cited as the Women’s Rights and Protection Act of 2023. 2. Prohibition on availability of funds for foreign countries that criminalize or discriminate based on gender (a) Prohibition Except as provided in subsection (b), no Federal funds may be obligated or expended to provide assistance, directly or indirectly, to a country described in subsection (c). (b) Exception (1) In general The President may authorize an obligation or expenditure of Federal funds to assist a country described in subsection (c) only if the President determines, on a case-by-case basis, that such proposed obligation or expenditure is vital to the national security interests of the United States. (2) Briefing Upon making a determination under paragraph (1), the President, acting through the Secretary of State, shall provide to the appropriate congressional committees and congressional leadership a briefing on such determination. (c) Countries described A country described in this subsection is a foreign country the government of which the President determines has enacted or established and is implementing any provision of law, or provision which has the force and effect of law, that criminalizes or discriminates on the basis of gender, including through such provisions that, on the basis of gender— (1) limit or prohibit women from— (A) enrolling in or attending any educational institution, school, or other program of instruction, or otherwise seeking or receiving education activities; (B) operating a vehicle; (C) freely exercising any religion; or (D) walking or otherwise traveling without a male escort; or (2) authorize (including as a form of punishment) female genital mutilation, sexual abuse, beheading, or any other practice that targets the lives of women. (d) Definitions In this section: (1) Appropriate congressional committees The term appropriate congressional committees means the following: (A) The Committee on Foreign Affairs and the Permanent Select Committee on Intelligence of the House of Representatives. (B) The Committee on Foreign Relations and the Select Committee on Intelligence of the Senate. (2) Congressional leadership The term congressional leadership means the following: (A) The Speaker of the House of Representatives. (B) The minority leader of the House of Representatives. (C) The majority leader of the Senate. (D) The minority leader of the Senate. (e) Effective date This Act shall take effect on the date that is 180 days after the date of the enactment of this Act.
2,549
[ "Foreign Affairs Committee" ]
118hr2957ih
118
hr
2,957
ih
To establish a postsecondary student data system.
[ { "text": "1. Short title \nThis Act may be cited as the College Transparency Act.", "id": "HCC892C5AD2C9479BA45765B6850AE601", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Postsecondary student data system \nSection 132 of the Higher Education Act of 1965 ( 20 U.S.C. 1015a ) is amended— (1) by redesignating subsection (l) as subsection (m); and (2) by inserting after subsection (k) the following: (l) Postsecondary student data system \n(1) In general \n(A) Establishment of system \nNot later than 4 years after the date of enactment of the College Transparency Act, the Commissioner of the National Center for Education Statistics (referred to in this subsection as the Commissioner ) shall develop and maintain a secure and privacy-protected postsecondary student-level data system in order to— (i) accurately evaluate student enrollment patterns, progression, completion, and postcollegiate outcomes, and higher education costs and financial aid; (ii) assist with transparency, institutional improvement, and analysis of Federal aid programs; (iii) provide accurate, complete, and customizable information for students and families making decisions about postsecondary education; and (iv) reduce the reporting burden on institutions of higher education, in accordance with section 5 of the College Transparency Act. (B) Avoiding duplicated reporting \nNotwithstanding any other provision of this section, to the extent that another provision of this section requires the same reporting or collection of data that is required under this subsection, an institution of higher education, or the Secretary or Commissioner, shall use the reporting or data required for the postsecondary student data system under this subsection to satisfy both requirements. (C) Development process \nIn developing the postsecondary student data system described in this subsection, the Commissioner shall— (i) focus on the needs of— (I) users of the data system; and (II) entities, including institutions of higher education, reporting to the data system; (ii) take into consideration, to the extent practicable— (I) the guidelines outlined in the U.S. Web Design Standards maintained by the General Services Administration and the Digital Services Playbook and TechFAR Handbook for Procuring Digital Services Using Agile Processes of the U.S. Digital Service; and (II) the relevant successor documents or recommendations of such guidelines; (iii) use modern, relevant privacy- and security-enhancing technology, and enhance and update the data system as necessary to carry out the purpose of this subsection; (iv) ensure data privacy and security is consistent with any relevant Federal law relating to privacy or data security, including— (I) the requirements of subchapter II of chapter 35 of title 44, United States Code, specifying security categorization under the Federal Information Processing Standards or any relevant successor of such standards; (II) security requirements that are consistent with the Federal agency responsibilities in section 3554 of title 44, United States Code, or any relevant successor of such responsibilities; and (III) security requirements, guidelines, and controls consistent with cybersecurity standards and best practices developed by the National Institute of Standards and Technology, including frameworks, consistent with section 2(c) of the National Institute of Standards and Technology Act ( 15 U.S.C. 272(c) ), or any relevant successor of such frameworks; (v) follow Federal data minimization practices to ensure only the minimum amount of data is collected to meet the system’s goals, in accordance with Federal data minimization standards and guidelines developed by the National Institute of Standards and Technology; and (vi) provide notice to students outlining the data included in the system and how the data are used. (2) Data elements \n(A) In general \nNot later than 4 years after the date of enactment of the College Transparency Act, the Commissioner, in consultation with the Postsecondary Student Data System Advisory Committee established under subparagraph (B), shall determine— (i) the data elements to be included in the postsecondary student data system, in accordance with subparagraphs (C) and (D); and (ii) how to include the data elements required under subparagraph (C), and any additional data elements selected under subparagraph (D), in the postsecondary student data system. (B) Postsecondary student data system advisory committee \n(i) Establishment \nNot later than 2 years after the date of enactment of the College Transparency Act, the Commissioner shall establish a Postsecondary Student Data System Advisory Committee (referred to in this subsection as the Advisory Committee ), whose members shall include— (I) the Chief Privacy Officer of the Department or an official of the Department delegated the duties of overseeing data privacy at the Department; (II) the Chief Security Officer of the Department or an official of the Department delegated the duties of overseeing data security at the Department; (III) representatives of diverse institutions of higher education, which shall include equal representation between 2-year and 4-year institutions of higher education, and from public, nonprofit, and proprietary institutions of higher education, including minority-serving institutions; (IV) representatives from State higher education agencies, entities, bodies, or boards; (V) representatives of postsecondary students; (VI) representatives from relevant Federal agencies; (VII) individuals with expertise in data privacy and security; and (VIII) other stakeholders (including individuals with consumer protection and postsecondary education research). (ii) Requirements \nThe Commissioner shall ensure that the Advisory Committee— (I) adheres to all requirements under chapter 10 of title 5, United States Code (commonly known as the Federal Advisory Committee Act ); (II) establishes operating and meeting procedures and guidelines necessary to execute its advisory duties; and (III) is provided with appropriate staffing and resources to execute its advisory duties. (C) Required data elements \nThe data elements in the postsecondary student data system shall include, at a minimum, the following: (i) Student-level data elements necessary to calculate the information within the surveys designated by the Commissioner as student-related surveys in the Integrated Postsecondary Education Data System (IPEDS), as such surveys are in effect on the day before the date of enactment of the College Transparency Act, except that in the case that collection of such elements would conflict with subparagraph (F), such elements in conflict with subparagraph (F) shall be included in the aggregate instead of at the student level. (ii) Student-level data elements necessary to allow for reporting student enrollment, persistence, retention, transfer, and completion measures for all credential levels separately (including certificate, associate, baccalaureate, and advanced degree levels), within and across institutions of higher education (including across all categories of institution level, control, and predominant degree awarded). The data elements shall allow for reporting about all such data disaggregated by the following categories: (I) Enrollment status as a first-time student, recent transfer student, or other non-first-time student. (II) Attendance intensity, whether full-time or part-time. (III) Credential-seeking status, by credential level. (IV) Race or ethnicity, in a manner that captures all the racial groups specified in the most recent American Community Survey of the Bureau of the Census. (V) Age intervals. (VI) Gender. (VII) Program of study (as applicable). (VIII) Military or veteran benefit status (as determined based on receipt of veteran's education benefits, as defined in section 480(c)). (IX) Status as a distance education student, whether exclusively or partially enrolled in distance education. (X) Federal Pell Grant recipient status under section 401 and Federal loan recipient status under title IV, provided that the collection of such information complies with paragraph (1)(B). (D) Other data elements \n(i) In general \nThe Commissioner may, after consultation with the Advisory Committee and provision of a public comment period, include additional data elements in the postsecondary student data system, such as those described in clause (ii), if those data elements— (I) are necessary to ensure that the postsecondary data system fulfills the purposes described in paragraph (1)(A); and (II) are consistent with data minimization principles, including the collection of only those additional elements that are necessary to ensure such purposes. (ii) Data elements \nThe data elements described in clause (i) may include— (I) status as a first generation college student, as defined in section 402A(h); (II) economic status; (III) participation in postsecondary remedial coursework or gateway course completion; or (IV) other data elements that are necessary in accordance with clause (i). (E) Reevaluation \nNot less than once every 3 years after the implementation of the postsecondary student data system described in this subsection, the Commissioner, in consultation with the Advisory Committee described in subparagraph (B), shall review the data elements included in the postsecondary student data system and may revise the data elements to be included in such system. (F) Prohibitions \nThe Commissioner shall not include individual health data (including data relating to physical health or mental health), student discipline records or data, elementary and secondary education data, an exact address, citizenship status, migrant status, or national origin status for students or their families, course grades, postsecondary entrance examination results, political affiliation, or religion in the postsecondary student data system under this subsection. (3) Periodic matching with other federal data systems \n(A) Data sharing agreements \n(i) The Commissioner shall ensure secure and privacy-protected periodic data matches by entering into data sharing agreements with each of the following Federal agencies and offices: (I) The Secretary of the Treasury and the Commissioner of the Internal Revenue Service, in order to calculate aggregate program- and institution-level earnings of postsecondary students. (II) The Secretary of Defense, in order to assess the use of postsecondary educational benefits and the outcomes of servicemembers. (III) The Secretary of Veterans Affairs, in order to assess the use of postsecondary educational benefits and outcomes of veterans. (IV) The Director of the Bureau of the Census, in order to assess the earnings outcomes of former postsecondary education students. (V) The Chief Operating Officer of the Office of Federal Student Aid, in order to analyze the use of postsecondary educational benefits provided under this Act. (VI) The Commissioner of the Social Security Administration, in order to evaluate labor market outcomes of former postsecondary education students. (VII) The Commissioner of the Bureau of Labor Statistics, in order to assess the wages of former postsecondary education students. (ii) The heads of Federal agencies and offices described under clause (i) shall enter into data sharing agreements with the Commissioner to ensure secure and privacy-protected periodic data matches as described in this paragraph. (B) Categories of data \nThe Commissioner shall, at a minimum, seek to ensure that the secure and privacy-protected periodic data matches described in subparagraph (A) permit consistent reporting of the following categories of data for all postsecondary students: (i) Enrollment, retention, transfer, and completion outcomes for all postsecondary students. (ii) Financial indicators for postsecondary students receiving Federal grants and loans, including grant and loan aid by source, cumulative student debt, loan repayment status, and repayment plan. (iii) Post-completion outcomes for all postsecondary students, including earnings, employment, and further education, by program of study and credential level and as measured— (I) immediately after leaving postsecondary education; and (II) at time intervals appropriate to the credential sought and earned. (C) Periodic data match streamlining and confidentiality \n(i) Streamlining \nIn carrying out the secure and privacy-protected periodic data matches under this paragraph, the Commissioner shall— (I) ensure that such matches are not continuous, but occur only periodically at appropriate intervals, as determined by the Commissioner to meet the goals of subparagraph (A); and (II) seek to— (aa) streamline the data collection and reporting requirements for institutions of higher education; (bb) minimize duplicative reporting across or within Federal agencies or departments, including reporting requirements applicable to institutions of higher education under the Workforce Innovation and Opportunity Act ( 29 U.S.C. 3101 et seq. ) and the Carl D. Perkins Career and Technical Education Act of 2006; (cc) protect student privacy; and (dd) streamline the application process for student loan benefit programs available to borrowers based on data available from different Federal data systems. (ii) Review \nNot less often than once every 3 years after the establishment of the postsecondary student data system under this subsection, the Commissioner, in consultation with the Advisory Committee, shall review methods for streamlining data collection from institutions of higher education and minimizing duplicative reporting within the Department and across Federal agencies that provide data for the postsecondary student data system. (iii) Confidentiality \nThe Commissioner shall ensure that any periodic matching or sharing of data through periodic data system matches established in accordance with this paragraph— (I) complies with the security and privacy protections described in paragraph (1)(C)(iv) and other Federal data protection protocols; (II) follows industry best practices commensurate with the sensitivity of specific data elements or metrics; (III) does not result in the creation of a single standing, linked Federal database at the Department that maintains the information reported across other Federal agencies; and (IV) discloses to postsecondary students what data are included in the data system and periodically matched and how the data are used. (iv) Correction \nThe Commissioner, in consultation with the Advisory Committee, shall establish a process for students to request access to only their personal information for inspection and request corrections to inaccuracies in a manner that protects the student's personally identifiable information. The Commissioner shall respond in writing to every request for a correction from a student. (4) Publicly available information \n(A) In general \nThe Commissioner shall make the summary aggregate information described in subparagraph (C), at a minimum, publicly available through a user-friendly consumer information website and analytic tool that— (i) provides appropriate mechanisms for users to customize and filter information by institutional and student characteristics; (ii) allows users to build summary aggregate reports of information, including reports that allow comparisons across multiple institutions and programs, subject to subparagraph (B); (iii) uses appropriate statistical disclosure limitation techniques necessary to ensure that the data released to the public cannot be used to identify specific individuals; and (iv) provides users with appropriate contextual factors to make comparisons, which may include national median figures of the summary aggregate information described in subparagraph (C). (B) No personally identifiable information available \nThe summary aggregate information described in this paragraph shall not include personally identifiable information. (C) Summary aggregate information available \nThe summary aggregate information described in this paragraph shall, at a minimum, include each of the following for each institution of higher education: (i) Measures of student access, including— (I) admissions selectivity and yield; and (II) enrollment, disaggregated by each category described in paragraph (2)(C)(ii). (ii) Measures of student progression, including retention rates and persistence rates, disaggregated by each category described in paragraph (2)(C)(ii). (iii) Measures of student completion, including— (I) transfer rates and completion rates, disaggregated by each category described in paragraph (2)(C)(ii); and (II) number of completions, disaggregated by each category described in paragraph (2)(C)(ii). (iv) Measures of student costs, including— (I) tuition, required fees, total cost of attendance, and net price after total grant aid, disaggregated by in-State tuition or in-district tuition status (if applicable), program of study (if applicable), and credential level; and (II) typical grant amounts and loan amounts received by students reported separately from Federal, State, local, and institutional sources, and cumulative debt, disaggregated by each category described in paragraph (2)(C)(ii) and completion status. (v) Measures of postcollegiate student outcomes, including employment rates, mean and median earnings, loan repayment and default rates, and further education rates. These measures shall— (I) be disaggregated by each category described in paragraph (2)(C)(ii) and completion status; and (II) be measured immediately after leaving postsecondary education and at time intervals appropriate to the credential sought or earned. (D) Development criteria \nIn developing the method and format of making the information described in this paragraph publicly available, the Commissioner shall— (i) focus on the needs of the users of the information, which will include students, families of students, potential students, researchers, and other consumers of education data; (ii) take into consideration, to the extent practicable, the guidelines described in paragraph (1)(C)(ii)(I), and relevant successor documents or recommendations of such guidelines; (iii) use modern, relevant technology and enhance and update the postsecondary student data system with information, as necessary to carry out the purpose of this paragraph; (iv) ensure data privacy and security in accordance with standards and guidelines developed by the National Institute of Standards and Technology, and in accordance with any other Federal law relating to privacy or security, including complying with the requirements of subchapter II of chapter 35 of title 44, United States Code, specifying security categorization under the Federal Information Processing Standards, and security requirements, and setting of National Institute of Standards and Technology security baseline controls at the appropriate level; and (v) conduct consumer testing to determine how to make the information as meaningful to users as possible. (5) Permissible disclosures of data \n(A) Data reports and queries \n(i) In general \nNot later than 4 years after the date of enactment of the College Transparency Act, the Commissioner shall develop and implement a secure and privacy-protected process for making student-level, non-personally identifiable information, with direct identifiers removed, from the postsecondary student data system available for vetted research and evaluation purposes approved by the Commissioner in a manner compatible with practices for disclosing National Center for Education Statistics restricted-use survey data as in effect on the day before the date of enactment of the College Transparency Act, or by applying other research and disclosure restrictions to ensure data privacy and security. Such process shall be approved by the National Center for Education Statistics’ Disclosure Review Board (or successor body). (ii) Providing data reports and queries to institutions and states \n(I) In general \nThe Commissioner shall provide feedback reports, at least annually, to each institution of higher education, each postsecondary education system that fully participates in the postsecondary student data system, and each State higher education body as designated by the governor. (II) Feedback reports \nThe feedback reports provided under this clause shall include program-level and institution-level information from the postsecondary student data system regarding students who are associated with the institution or, for State representatives, the institutions within that State, on or before the date of the report, on measures including student mobility and workforce outcomes, provided that the feedback aggregate summary reports protect the privacy of individuals. (III) Determination of content \nThe content of the feedback reports shall be determined by the Commissioner in consultation with the Advisory Committee. (iii) Permitting state data queries \nThe Commissioner shall, in consultation with the Advisory Committee and as soon as practicable, create a process through which States may submit lists of secondary school graduates within the State to receive summary aggregate outcomes for those students who enrolled at an institution of higher education, including postsecondary enrollment and college completion, provided that those data protect the privacy of individuals and that the State data submitted to the Commissioner are not stored in the postsecondary education system. (iv) Regulations \nThe Commissioner shall promulgate regulations to ensure fair, secure and privacy-protected, and equitable access to data reports and queries under this paragraph. (B) Disclosure limitations \nIn carrying out the public reporting and disclosure requirements of this subsection, the Commissioner shall use appropriate statistical disclosure limitation techniques necessary to ensure that the data released to the public cannot include personally identifiable information or be used to identify specific individuals. (C) Sale of data prohibited \nData collected under this subsection, including the public-use data set and data comprising the summary aggregate information available under paragraph (4), shall not be sold to any third party by the Commissioner, including any institution of higher education or any other entity. (D) Limitation on use by other federal agencies \n(i) In general \nThe Commissioner shall not allow any other Federal agency to use data collected under this subsection for any purpose except— (I) for vetted research and evaluation conducted by the other Federal agency, as described in subparagraph (A)(i); or (II) for a purpose explicitly authorized by this Act. (ii) Prohibition on limitation of services \nThe Secretary, or the head of any other Federal agency, shall not use data collected under this subsection to limit services to students. (E) Law enforcement \nPersonally identifiable information collected under this subsection shall not be used for any Federal, State, or local law enforcement activity or any other activity that would result in adverse action against any student or a student's family, including debt collection activity or enforcement of immigration laws. (F) Limitation of use for federal rankings or summative rating system \nThe comprehensive data collection and analysis necessary for the postsecondary student data system under this subsection shall not be used by the Secretary or any Federal entity to establish any Federal ranking system of institutions of higher education or a system that results in a summative Federal rating of institutions of higher education. (G) Rule of construction \nNothing in this paragraph shall be construed to prevent the use of individual categories of aggregate information to be used for accountability purposes. (H) Rule of construction regarding commercial use of data \nNothing in this paragraph shall be construed to prohibit third-party entities from using publicly available information in this data system for commercial use. (6) Submission of data \n(A) Required submission \nEach institution of higher education participating in a program under title IV, or the assigned agent of such institution, shall, for each eligible program, in accordance with section 487(a)(17), collect, and submit to the Commissioner, the data requested by the Commissioner to carry out this subsection. (B) Voluntary submission \nAny institution of higher education not participating in a program under title IV may voluntarily participate in the postsecondary student data system under this subsection by collecting and submitting data to the Commissioner, as the Commissioner may request to carry out this subsection. (C) Personally identifiable information \nIn accordance with paragraph (2)(C)(i), if the submission of an element of student-level data is prohibited under paragraph (2)(F) (or otherwise prohibited by law), the institution of higher education shall submit that data to the Commissioner in the aggregate. (7) Unlawful willful disclosure \n(A) In general \nIt shall be unlawful for any person who obtains or has access to personally identifiable information in connection with the postsecondary student data system described in this subsection to willfully disclose to any person (except as authorized in this Act or by any Federal law) such personally identifiable information. (B) Penalty \nAny person who violates subparagraph (A) shall be subject to a penalty described under section 3572(f) of title 44, United States Code, and section 183(d)(6) of the Education Sciences Reform Act of 2002 ( 20 U.S.C. 9573(d)(6) ). (C) Employee of officer of the united states \nIf a violation of subparagraph (A) is committed by any officer or employee of the United States, the officer or employee shall be dismissed from office or discharged from employment upon conviction for the violation. (8) Data security \nThe Commissioner shall produce and update as needed guidance and regulations relating to privacy, security, and access which shall govern the use and disclosure of data collected in connection with the activities authorized in this subsection. The guidance and regulations developed and reviewed shall protect data from unauthorized access, use, and disclosure, and shall include— (A) an audit capability, including mandatory and regularly conducted audits; (B) access controls; (C) requirements to ensure sufficient data security, quality, validity, and reliability; (D) confidentiality protection in accordance with the applicable provisions of subchapter III of chapter 35 of title 44, United States Code; (E) appropriate and applicable privacy and security protection, including data retention and destruction protocols and data minimization, in accordance with the most recent Federal standards developed by the National Institute of Standards and Technology; and (F) protocols for managing a breach, including breach notifications, in accordance with the standards of National Center for Education Statistics. (9) Data collection \nThe Commissioner shall ensure that data collection, maintenance, and use under this subsection complies with section 552a of title 5, United States Code. (10) Definitions \nIn this subsection: (A) Institution of higher education \nThe term institution of higher education has the meaning given the term in section 102. (B) Minority-serving institution \nThe term minority-serving institution means an institution of higher education listed in section 371(a). (C) Personally identifiable information \nThe term personally identifiable information means personally identifiable information within the meaning of section 444 of the General Education Provisions Act..", "id": "H06E7AD3161E04FFBA26FE9387CFC4E7C", "header": "Postsecondary student data system", "nested": [], "links": [ { "text": "20 U.S.C. 1015a", "legal-doc": "usc", "parsable-cite": "usc/20/1015a" }, { "text": "chapter 35", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/44/35" }, { "text": "15 U.S.C. 272(c)", "legal-doc": "usc", "parsable-cite": "usc/15/272" }, { "text": "chapter 10", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/5/10" }, { "text": "29 U.S.C. 3101 et seq.", "legal-doc": "usc", "parsable-cite": "usc/29/3101" }, { "text": "chapter 35", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/44/35" }, { "text": "20 U.S.C. 9573(d)(6)", "legal-doc": "usc", "parsable-cite": "usc/20/9573" }, { "text": "chapter 35", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/44/35" } ] }, { "text": "3. Repeal of prohibition on student data system \nSection 134 of the Higher Education Act of 1965 ( 20 U.S.C. 1015c ) is repealed.", "id": "H4DFFB6E1655F47EE88067FCE1DCC15B8", "header": "Repeal of prohibition on student data system", "nested": [], "links": [ { "text": "20 U.S.C. 1015c", "legal-doc": "usc", "parsable-cite": "usc/20/1015c" } ] }, { "text": "4. Institutional requirements \n(a) In general \nParagraph (17) of section 487(a) of the Higher Education Act of 1965 ( 20 U.S.C. 1094(a) ) is amended to read as follows: (17) The institution or the assigned agent of the institution will collect and submit data to the Commissioner for Education Statistics in accordance with section 132(l), the nonstudent related surveys within the Integrated Postsecondary Education Data System (IPEDS), or any other Federal institution of higher education data collection effort (as designated by the Secretary), in a timely manner and to the satisfaction of the Secretary.. (b) Effective date \nThe amendment made by subsection (a) shall take effect on the date that is 4 years after the date of enactment of this Act.", "id": "H0FAA008BC3DF4CDA9A5677B55278A7AE", "header": "Institutional requirements", "nested": [ { "text": "(a) In general \nParagraph (17) of section 487(a) of the Higher Education Act of 1965 ( 20 U.S.C. 1094(a) ) is amended to read as follows: (17) The institution or the assigned agent of the institution will collect and submit data to the Commissioner for Education Statistics in accordance with section 132(l), the nonstudent related surveys within the Integrated Postsecondary Education Data System (IPEDS), or any other Federal institution of higher education data collection effort (as designated by the Secretary), in a timely manner and to the satisfaction of the Secretary..", "id": "HA8E21F424FAE42FCA528F894534B796D", "header": "In general", "nested": [], "links": [ { "text": "20 U.S.C. 1094(a)", "legal-doc": "usc", "parsable-cite": "usc/20/1094" } ] }, { "text": "(b) Effective date \nThe amendment made by subsection (a) shall take effect on the date that is 4 years after the date of enactment of this Act.", "id": "H54EF5F3F4EA34F2BBB912632EB7C3FD8", "header": "Effective date", "nested": [], "links": [] } ], "links": [ { "text": "20 U.S.C. 1094(a)", "legal-doc": "usc", "parsable-cite": "usc/20/1094" } ] }, { "text": "5. Transition provisions \nThe Secretary of Education and the Commissioner for Education Statistics shall take such steps as are necessary to ensure that the development and maintenance of the postsecondary student data system required under section 132(l) of the Higher Education Act of 1965, as added by section 2 of this Act, occurs in a manner that reduces the reporting burden for entities that reported into the Integrated Postsecondary Education Data System (IPEDS).", "id": "H6CBD48A941ED46019AAF50B461BC6C25", "header": "Transition provisions", "nested": [], "links": [] } ]
5
1. Short title This Act may be cited as the College Transparency Act. 2. Postsecondary student data system Section 132 of the Higher Education Act of 1965 ( 20 U.S.C. 1015a ) is amended— (1) by redesignating subsection (l) as subsection (m); and (2) by inserting after subsection (k) the following: (l) Postsecondary student data system (1) In general (A) Establishment of system Not later than 4 years after the date of enactment of the College Transparency Act, the Commissioner of the National Center for Education Statistics (referred to in this subsection as the Commissioner ) shall develop and maintain a secure and privacy-protected postsecondary student-level data system in order to— (i) accurately evaluate student enrollment patterns, progression, completion, and postcollegiate outcomes, and higher education costs and financial aid; (ii) assist with transparency, institutional improvement, and analysis of Federal aid programs; (iii) provide accurate, complete, and customizable information for students and families making decisions about postsecondary education; and (iv) reduce the reporting burden on institutions of higher education, in accordance with section 5 of the College Transparency Act. (B) Avoiding duplicated reporting Notwithstanding any other provision of this section, to the extent that another provision of this section requires the same reporting or collection of data that is required under this subsection, an institution of higher education, or the Secretary or Commissioner, shall use the reporting or data required for the postsecondary student data system under this subsection to satisfy both requirements. (C) Development process In developing the postsecondary student data system described in this subsection, the Commissioner shall— (i) focus on the needs of— (I) users of the data system; and (II) entities, including institutions of higher education, reporting to the data system; (ii) take into consideration, to the extent practicable— (I) the guidelines outlined in the U.S. Web Design Standards maintained by the General Services Administration and the Digital Services Playbook and TechFAR Handbook for Procuring Digital Services Using Agile Processes of the U.S. Digital Service; and (II) the relevant successor documents or recommendations of such guidelines; (iii) use modern, relevant privacy- and security-enhancing technology, and enhance and update the data system as necessary to carry out the purpose of this subsection; (iv) ensure data privacy and security is consistent with any relevant Federal law relating to privacy or data security, including— (I) the requirements of subchapter II of chapter 35 of title 44, United States Code, specifying security categorization under the Federal Information Processing Standards or any relevant successor of such standards; (II) security requirements that are consistent with the Federal agency responsibilities in section 3554 of title 44, United States Code, or any relevant successor of such responsibilities; and (III) security requirements, guidelines, and controls consistent with cybersecurity standards and best practices developed by the National Institute of Standards and Technology, including frameworks, consistent with section 2(c) of the National Institute of Standards and Technology Act ( 15 U.S.C. 272(c) ), or any relevant successor of such frameworks; (v) follow Federal data minimization practices to ensure only the minimum amount of data is collected to meet the system’s goals, in accordance with Federal data minimization standards and guidelines developed by the National Institute of Standards and Technology; and (vi) provide notice to students outlining the data included in the system and how the data are used. (2) Data elements (A) In general Not later than 4 years after the date of enactment of the College Transparency Act, the Commissioner, in consultation with the Postsecondary Student Data System Advisory Committee established under subparagraph (B), shall determine— (i) the data elements to be included in the postsecondary student data system, in accordance with subparagraphs (C) and (D); and (ii) how to include the data elements required under subparagraph (C), and any additional data elements selected under subparagraph (D), in the postsecondary student data system. (B) Postsecondary student data system advisory committee (i) Establishment Not later than 2 years after the date of enactment of the College Transparency Act, the Commissioner shall establish a Postsecondary Student Data System Advisory Committee (referred to in this subsection as the Advisory Committee ), whose members shall include— (I) the Chief Privacy Officer of the Department or an official of the Department delegated the duties of overseeing data privacy at the Department; (II) the Chief Security Officer of the Department or an official of the Department delegated the duties of overseeing data security at the Department; (III) representatives of diverse institutions of higher education, which shall include equal representation between 2-year and 4-year institutions of higher education, and from public, nonprofit, and proprietary institutions of higher education, including minority-serving institutions; (IV) representatives from State higher education agencies, entities, bodies, or boards; (V) representatives of postsecondary students; (VI) representatives from relevant Federal agencies; (VII) individuals with expertise in data privacy and security; and (VIII) other stakeholders (including individuals with consumer protection and postsecondary education research). (ii) Requirements The Commissioner shall ensure that the Advisory Committee— (I) adheres to all requirements under chapter 10 of title 5, United States Code (commonly known as the Federal Advisory Committee Act ); (II) establishes operating and meeting procedures and guidelines necessary to execute its advisory duties; and (III) is provided with appropriate staffing and resources to execute its advisory duties. (C) Required data elements The data elements in the postsecondary student data system shall include, at a minimum, the following: (i) Student-level data elements necessary to calculate the information within the surveys designated by the Commissioner as student-related surveys in the Integrated Postsecondary Education Data System (IPEDS), as such surveys are in effect on the day before the date of enactment of the College Transparency Act, except that in the case that collection of such elements would conflict with subparagraph (F), such elements in conflict with subparagraph (F) shall be included in the aggregate instead of at the student level. (ii) Student-level data elements necessary to allow for reporting student enrollment, persistence, retention, transfer, and completion measures for all credential levels separately (including certificate, associate, baccalaureate, and advanced degree levels), within and across institutions of higher education (including across all categories of institution level, control, and predominant degree awarded). The data elements shall allow for reporting about all such data disaggregated by the following categories: (I) Enrollment status as a first-time student, recent transfer student, or other non-first-time student. (II) Attendance intensity, whether full-time or part-time. (III) Credential-seeking status, by credential level. (IV) Race or ethnicity, in a manner that captures all the racial groups specified in the most recent American Community Survey of the Bureau of the Census. (V) Age intervals. (VI) Gender. (VII) Program of study (as applicable). (VIII) Military or veteran benefit status (as determined based on receipt of veteran's education benefits, as defined in section 480(c)). (IX) Status as a distance education student, whether exclusively or partially enrolled in distance education. (X) Federal Pell Grant recipient status under section 401 and Federal loan recipient status under title IV, provided that the collection of such information complies with paragraph (1)(B). (D) Other data elements (i) In general The Commissioner may, after consultation with the Advisory Committee and provision of a public comment period, include additional data elements in the postsecondary student data system, such as those described in clause (ii), if those data elements— (I) are necessary to ensure that the postsecondary data system fulfills the purposes described in paragraph (1)(A); and (II) are consistent with data minimization principles, including the collection of only those additional elements that are necessary to ensure such purposes. (ii) Data elements The data elements described in clause (i) may include— (I) status as a first generation college student, as defined in section 402A(h); (II) economic status; (III) participation in postsecondary remedial coursework or gateway course completion; or (IV) other data elements that are necessary in accordance with clause (i). (E) Reevaluation Not less than once every 3 years after the implementation of the postsecondary student data system described in this subsection, the Commissioner, in consultation with the Advisory Committee described in subparagraph (B), shall review the data elements included in the postsecondary student data system and may revise the data elements to be included in such system. (F) Prohibitions The Commissioner shall not include individual health data (including data relating to physical health or mental health), student discipline records or data, elementary and secondary education data, an exact address, citizenship status, migrant status, or national origin status for students or their families, course grades, postsecondary entrance examination results, political affiliation, or religion in the postsecondary student data system under this subsection. (3) Periodic matching with other federal data systems (A) Data sharing agreements (i) The Commissioner shall ensure secure and privacy-protected periodic data matches by entering into data sharing agreements with each of the following Federal agencies and offices: (I) The Secretary of the Treasury and the Commissioner of the Internal Revenue Service, in order to calculate aggregate program- and institution-level earnings of postsecondary students. (II) The Secretary of Defense, in order to assess the use of postsecondary educational benefits and the outcomes of servicemembers. (III) The Secretary of Veterans Affairs, in order to assess the use of postsecondary educational benefits and outcomes of veterans. (IV) The Director of the Bureau of the Census, in order to assess the earnings outcomes of former postsecondary education students. (V) The Chief Operating Officer of the Office of Federal Student Aid, in order to analyze the use of postsecondary educational benefits provided under this Act. (VI) The Commissioner of the Social Security Administration, in order to evaluate labor market outcomes of former postsecondary education students. (VII) The Commissioner of the Bureau of Labor Statistics, in order to assess the wages of former postsecondary education students. (ii) The heads of Federal agencies and offices described under clause (i) shall enter into data sharing agreements with the Commissioner to ensure secure and privacy-protected periodic data matches as described in this paragraph. (B) Categories of data The Commissioner shall, at a minimum, seek to ensure that the secure and privacy-protected periodic data matches described in subparagraph (A) permit consistent reporting of the following categories of data for all postsecondary students: (i) Enrollment, retention, transfer, and completion outcomes for all postsecondary students. (ii) Financial indicators for postsecondary students receiving Federal grants and loans, including grant and loan aid by source, cumulative student debt, loan repayment status, and repayment plan. (iii) Post-completion outcomes for all postsecondary students, including earnings, employment, and further education, by program of study and credential level and as measured— (I) immediately after leaving postsecondary education; and (II) at time intervals appropriate to the credential sought and earned. (C) Periodic data match streamlining and confidentiality (i) Streamlining In carrying out the secure and privacy-protected periodic data matches under this paragraph, the Commissioner shall— (I) ensure that such matches are not continuous, but occur only periodically at appropriate intervals, as determined by the Commissioner to meet the goals of subparagraph (A); and (II) seek to— (aa) streamline the data collection and reporting requirements for institutions of higher education; (bb) minimize duplicative reporting across or within Federal agencies or departments, including reporting requirements applicable to institutions of higher education under the Workforce Innovation and Opportunity Act ( 29 U.S.C. 3101 et seq. ) and the Carl D. Perkins Career and Technical Education Act of 2006; (cc) protect student privacy; and (dd) streamline the application process for student loan benefit programs available to borrowers based on data available from different Federal data systems. (ii) Review Not less often than once every 3 years after the establishment of the postsecondary student data system under this subsection, the Commissioner, in consultation with the Advisory Committee, shall review methods for streamlining data collection from institutions of higher education and minimizing duplicative reporting within the Department and across Federal agencies that provide data for the postsecondary student data system. (iii) Confidentiality The Commissioner shall ensure that any periodic matching or sharing of data through periodic data system matches established in accordance with this paragraph— (I) complies with the security and privacy protections described in paragraph (1)(C)(iv) and other Federal data protection protocols; (II) follows industry best practices commensurate with the sensitivity of specific data elements or metrics; (III) does not result in the creation of a single standing, linked Federal database at the Department that maintains the information reported across other Federal agencies; and (IV) discloses to postsecondary students what data are included in the data system and periodically matched and how the data are used. (iv) Correction The Commissioner, in consultation with the Advisory Committee, shall establish a process for students to request access to only their personal information for inspection and request corrections to inaccuracies in a manner that protects the student's personally identifiable information. The Commissioner shall respond in writing to every request for a correction from a student. (4) Publicly available information (A) In general The Commissioner shall make the summary aggregate information described in subparagraph (C), at a minimum, publicly available through a user-friendly consumer information website and analytic tool that— (i) provides appropriate mechanisms for users to customize and filter information by institutional and student characteristics; (ii) allows users to build summary aggregate reports of information, including reports that allow comparisons across multiple institutions and programs, subject to subparagraph (B); (iii) uses appropriate statistical disclosure limitation techniques necessary to ensure that the data released to the public cannot be used to identify specific individuals; and (iv) provides users with appropriate contextual factors to make comparisons, which may include national median figures of the summary aggregate information described in subparagraph (C). (B) No personally identifiable information available The summary aggregate information described in this paragraph shall not include personally identifiable information. (C) Summary aggregate information available The summary aggregate information described in this paragraph shall, at a minimum, include each of the following for each institution of higher education: (i) Measures of student access, including— (I) admissions selectivity and yield; and (II) enrollment, disaggregated by each category described in paragraph (2)(C)(ii). (ii) Measures of student progression, including retention rates and persistence rates, disaggregated by each category described in paragraph (2)(C)(ii). (iii) Measures of student completion, including— (I) transfer rates and completion rates, disaggregated by each category described in paragraph (2)(C)(ii); and (II) number of completions, disaggregated by each category described in paragraph (2)(C)(ii). (iv) Measures of student costs, including— (I) tuition, required fees, total cost of attendance, and net price after total grant aid, disaggregated by in-State tuition or in-district tuition status (if applicable), program of study (if applicable), and credential level; and (II) typical grant amounts and loan amounts received by students reported separately from Federal, State, local, and institutional sources, and cumulative debt, disaggregated by each category described in paragraph (2)(C)(ii) and completion status. (v) Measures of postcollegiate student outcomes, including employment rates, mean and median earnings, loan repayment and default rates, and further education rates. These measures shall— (I) be disaggregated by each category described in paragraph (2)(C)(ii) and completion status; and (II) be measured immediately after leaving postsecondary education and at time intervals appropriate to the credential sought or earned. (D) Development criteria In developing the method and format of making the information described in this paragraph publicly available, the Commissioner shall— (i) focus on the needs of the users of the information, which will include students, families of students, potential students, researchers, and other consumers of education data; (ii) take into consideration, to the extent practicable, the guidelines described in paragraph (1)(C)(ii)(I), and relevant successor documents or recommendations of such guidelines; (iii) use modern, relevant technology and enhance and update the postsecondary student data system with information, as necessary to carry out the purpose of this paragraph; (iv) ensure data privacy and security in accordance with standards and guidelines developed by the National Institute of Standards and Technology, and in accordance with any other Federal law relating to privacy or security, including complying with the requirements of subchapter II of chapter 35 of title 44, United States Code, specifying security categorization under the Federal Information Processing Standards, and security requirements, and setting of National Institute of Standards and Technology security baseline controls at the appropriate level; and (v) conduct consumer testing to determine how to make the information as meaningful to users as possible. (5) Permissible disclosures of data (A) Data reports and queries (i) In general Not later than 4 years after the date of enactment of the College Transparency Act, the Commissioner shall develop and implement a secure and privacy-protected process for making student-level, non-personally identifiable information, with direct identifiers removed, from the postsecondary student data system available for vetted research and evaluation purposes approved by the Commissioner in a manner compatible with practices for disclosing National Center for Education Statistics restricted-use survey data as in effect on the day before the date of enactment of the College Transparency Act, or by applying other research and disclosure restrictions to ensure data privacy and security. Such process shall be approved by the National Center for Education Statistics’ Disclosure Review Board (or successor body). (ii) Providing data reports and queries to institutions and states (I) In general The Commissioner shall provide feedback reports, at least annually, to each institution of higher education, each postsecondary education system that fully participates in the postsecondary student data system, and each State higher education body as designated by the governor. (II) Feedback reports The feedback reports provided under this clause shall include program-level and institution-level information from the postsecondary student data system regarding students who are associated with the institution or, for State representatives, the institutions within that State, on or before the date of the report, on measures including student mobility and workforce outcomes, provided that the feedback aggregate summary reports protect the privacy of individuals. (III) Determination of content The content of the feedback reports shall be determined by the Commissioner in consultation with the Advisory Committee. (iii) Permitting state data queries The Commissioner shall, in consultation with the Advisory Committee and as soon as practicable, create a process through which States may submit lists of secondary school graduates within the State to receive summary aggregate outcomes for those students who enrolled at an institution of higher education, including postsecondary enrollment and college completion, provided that those data protect the privacy of individuals and that the State data submitted to the Commissioner are not stored in the postsecondary education system. (iv) Regulations The Commissioner shall promulgate regulations to ensure fair, secure and privacy-protected, and equitable access to data reports and queries under this paragraph. (B) Disclosure limitations In carrying out the public reporting and disclosure requirements of this subsection, the Commissioner shall use appropriate statistical disclosure limitation techniques necessary to ensure that the data released to the public cannot include personally identifiable information or be used to identify specific individuals. (C) Sale of data prohibited Data collected under this subsection, including the public-use data set and data comprising the summary aggregate information available under paragraph (4), shall not be sold to any third party by the Commissioner, including any institution of higher education or any other entity. (D) Limitation on use by other federal agencies (i) In general The Commissioner shall not allow any other Federal agency to use data collected under this subsection for any purpose except— (I) for vetted research and evaluation conducted by the other Federal agency, as described in subparagraph (A)(i); or (II) for a purpose explicitly authorized by this Act. (ii) Prohibition on limitation of services The Secretary, or the head of any other Federal agency, shall not use data collected under this subsection to limit services to students. (E) Law enforcement Personally identifiable information collected under this subsection shall not be used for any Federal, State, or local law enforcement activity or any other activity that would result in adverse action against any student or a student's family, including debt collection activity or enforcement of immigration laws. (F) Limitation of use for federal rankings or summative rating system The comprehensive data collection and analysis necessary for the postsecondary student data system under this subsection shall not be used by the Secretary or any Federal entity to establish any Federal ranking system of institutions of higher education or a system that results in a summative Federal rating of institutions of higher education. (G) Rule of construction Nothing in this paragraph shall be construed to prevent the use of individual categories of aggregate information to be used for accountability purposes. (H) Rule of construction regarding commercial use of data Nothing in this paragraph shall be construed to prohibit third-party entities from using publicly available information in this data system for commercial use. (6) Submission of data (A) Required submission Each institution of higher education participating in a program under title IV, or the assigned agent of such institution, shall, for each eligible program, in accordance with section 487(a)(17), collect, and submit to the Commissioner, the data requested by the Commissioner to carry out this subsection. (B) Voluntary submission Any institution of higher education not participating in a program under title IV may voluntarily participate in the postsecondary student data system under this subsection by collecting and submitting data to the Commissioner, as the Commissioner may request to carry out this subsection. (C) Personally identifiable information In accordance with paragraph (2)(C)(i), if the submission of an element of student-level data is prohibited under paragraph (2)(F) (or otherwise prohibited by law), the institution of higher education shall submit that data to the Commissioner in the aggregate. (7) Unlawful willful disclosure (A) In general It shall be unlawful for any person who obtains or has access to personally identifiable information in connection with the postsecondary student data system described in this subsection to willfully disclose to any person (except as authorized in this Act or by any Federal law) such personally identifiable information. (B) Penalty Any person who violates subparagraph (A) shall be subject to a penalty described under section 3572(f) of title 44, United States Code, and section 183(d)(6) of the Education Sciences Reform Act of 2002 ( 20 U.S.C. 9573(d)(6) ). (C) Employee of officer of the united states If a violation of subparagraph (A) is committed by any officer or employee of the United States, the officer or employee shall be dismissed from office or discharged from employment upon conviction for the violation. (8) Data security The Commissioner shall produce and update as needed guidance and regulations relating to privacy, security, and access which shall govern the use and disclosure of data collected in connection with the activities authorized in this subsection. The guidance and regulations developed and reviewed shall protect data from unauthorized access, use, and disclosure, and shall include— (A) an audit capability, including mandatory and regularly conducted audits; (B) access controls; (C) requirements to ensure sufficient data security, quality, validity, and reliability; (D) confidentiality protection in accordance with the applicable provisions of subchapter III of chapter 35 of title 44, United States Code; (E) appropriate and applicable privacy and security protection, including data retention and destruction protocols and data minimization, in accordance with the most recent Federal standards developed by the National Institute of Standards and Technology; and (F) protocols for managing a breach, including breach notifications, in accordance with the standards of National Center for Education Statistics. (9) Data collection The Commissioner shall ensure that data collection, maintenance, and use under this subsection complies with section 552a of title 5, United States Code. (10) Definitions In this subsection: (A) Institution of higher education The term institution of higher education has the meaning given the term in section 102. (B) Minority-serving institution The term minority-serving institution means an institution of higher education listed in section 371(a). (C) Personally identifiable information The term personally identifiable information means personally identifiable information within the meaning of section 444 of the General Education Provisions Act.. 3. Repeal of prohibition on student data system Section 134 of the Higher Education Act of 1965 ( 20 U.S.C. 1015c ) is repealed. 4. Institutional requirements (a) In general Paragraph (17) of section 487(a) of the Higher Education Act of 1965 ( 20 U.S.C. 1094(a) ) is amended to read as follows: (17) The institution or the assigned agent of the institution will collect and submit data to the Commissioner for Education Statistics in accordance with section 132(l), the nonstudent related surveys within the Integrated Postsecondary Education Data System (IPEDS), or any other Federal institution of higher education data collection effort (as designated by the Secretary), in a timely manner and to the satisfaction of the Secretary.. (b) Effective date The amendment made by subsection (a) shall take effect on the date that is 4 years after the date of enactment of this Act. 5. Transition provisions The Secretary of Education and the Commissioner for Education Statistics shall take such steps as are necessary to ensure that the development and maintenance of the postsecondary student data system required under section 132(l) of the Higher Education Act of 1965, as added by section 2 of this Act, occurs in a manner that reduces the reporting burden for entities that reported into the Integrated Postsecondary Education Data System (IPEDS).
29,061
[ "Education and the Workforce Committee" ]
118hr5220ih
118
hr
5,220
ih
To direct the Postmaster General to issue a forever stamp depicting Bayard Rustin, and for other purposes.
[ { "text": "1. Short title \nThis Act may be cited as the Bayard Rustin Stamp Act.", "id": "HDE56756C834F4364AB4450AACFCB9F0B", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Findings \nCongress finds the following: (1) Bayard Rustin was born on March 17, 1912, and was raised by his grandparents in West Chester, Pennsylvania. From a young age, Rustin learned to prioritize the values of nonviolence and peacekeeping from his grandparents’ Quaker faith, and would continue to build these values in his life as a civil rights movement leader. (2) Rustin attended City College of New York, where he joined a progressive club that aimed to remedy racial issues during turbulent times. His time with the club was short lived, but it inspired him to join the Fellowship of Reconciliation, an organization that became a champion for labor rights, equality, and world peace. (3) His time with the Fellowship of Reconciliation prompted Rustin to become a leader in the 1947 Journey to Reconciliation , an event where White and Black people across the South rode buses together to challenge segregation laws, a precursor to the Freedom Rides. (4) Rustin was an advisor in Martin Luther King, Jr.’s inner circle as he advocated pacifism and nonviolence for achieving equal treatment for African Americans. (5) Rustin used his brilliant strategic handling of the use of aggressive, peaceful action in the civil rights movement and throughout his life as an activist. (6) His most important role was as the chief organizer of the March on Washington for Jobs and Freedom in 1963, the largest demonstration ever organized at the time, in which a quarter of a million people turned out to demand civil rights for African Americans. (7) In the years after the civil rights movement, Rustin used his background as a gay man to inspire others to advocate for and to achieve LGBT rights. (8) Rustin remained a strategist and public speaker for workers’ rights movements, including co-founding the A. Philip Randolph Institute for Black trade union members. (9) Rustin committed to promoting social good and advocating for the disenfranchised until his death in 1987.", "id": "H714C2A60703A442D80D1D3A3CC2C3975", "header": "Findings", "nested": [], "links": [] }, { "text": "3. Bayard Rustin stamp \n(a) In general \nIn order to honor the life and work of Bayard Rustin, a leader in the civil rights movement, the Postmaster General shall provide for the issuance of a forever stamp suitable for that purpose that depicts Bayard Rustin. (b) Definition of definitive stamp \nFor the purposes of this Act, the term forever stamp means a definitive stamp that— (1) meets the postage required for first-class mail up to one ounce in weight; and (2) retains full validity for that purpose even if the rate of that postage is later increased. (c) Effective date \nThe stamp described in subsection (a) shall be issued as soon as practicable after the date of the enactment of this Act.", "id": "H53D16F9CCE05440EB62369AC54BA076E", "header": "Bayard Rustin stamp", "nested": [ { "text": "(a) In general \nIn order to honor the life and work of Bayard Rustin, a leader in the civil rights movement, the Postmaster General shall provide for the issuance of a forever stamp suitable for that purpose that depicts Bayard Rustin.", "id": "H192AEF79BB51475CA9545494D8E53651", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Definition of definitive stamp \nFor the purposes of this Act, the term forever stamp means a definitive stamp that— (1) meets the postage required for first-class mail up to one ounce in weight; and (2) retains full validity for that purpose even if the rate of that postage is later increased.", "id": "H3D5F7C461D8E453890DC7521F71DD1C8", "header": "Definition of definitive stamp", "nested": [], "links": [] }, { "text": "(c) Effective date \nThe stamp described in subsection (a) shall be issued as soon as practicable after the date of the enactment of this Act.", "id": "H0B4E847794164FFCA431D21E303DBD41", "header": "Effective date", "nested": [], "links": [] } ], "links": [] } ]
3
1. Short title This Act may be cited as the Bayard Rustin Stamp Act. 2. Findings Congress finds the following: (1) Bayard Rustin was born on March 17, 1912, and was raised by his grandparents in West Chester, Pennsylvania. From a young age, Rustin learned to prioritize the values of nonviolence and peacekeeping from his grandparents’ Quaker faith, and would continue to build these values in his life as a civil rights movement leader. (2) Rustin attended City College of New York, where he joined a progressive club that aimed to remedy racial issues during turbulent times. His time with the club was short lived, but it inspired him to join the Fellowship of Reconciliation, an organization that became a champion for labor rights, equality, and world peace. (3) His time with the Fellowship of Reconciliation prompted Rustin to become a leader in the 1947 Journey to Reconciliation , an event where White and Black people across the South rode buses together to challenge segregation laws, a precursor to the Freedom Rides. (4) Rustin was an advisor in Martin Luther King, Jr.’s inner circle as he advocated pacifism and nonviolence for achieving equal treatment for African Americans. (5) Rustin used his brilliant strategic handling of the use of aggressive, peaceful action in the civil rights movement and throughout his life as an activist. (6) His most important role was as the chief organizer of the March on Washington for Jobs and Freedom in 1963, the largest demonstration ever organized at the time, in which a quarter of a million people turned out to demand civil rights for African Americans. (7) In the years after the civil rights movement, Rustin used his background as a gay man to inspire others to advocate for and to achieve LGBT rights. (8) Rustin remained a strategist and public speaker for workers’ rights movements, including co-founding the A. Philip Randolph Institute for Black trade union members. (9) Rustin committed to promoting social good and advocating for the disenfranchised until his death in 1987. 3. Bayard Rustin stamp (a) In general In order to honor the life and work of Bayard Rustin, a leader in the civil rights movement, the Postmaster General shall provide for the issuance of a forever stamp suitable for that purpose that depicts Bayard Rustin. (b) Definition of definitive stamp For the purposes of this Act, the term forever stamp means a definitive stamp that— (1) meets the postage required for first-class mail up to one ounce in weight; and (2) retains full validity for that purpose even if the rate of that postage is later increased. (c) Effective date The stamp described in subsection (a) shall be issued as soon as practicable after the date of the enactment of this Act.
2,747
[ "Oversight and Accountability Committee" ]
118hr6259ih
118
hr
6,259
ih
To amend the Higher Education Act of 1965 to require institutions of higher education to establish record-management plans in order to be accredited or continue to be accredited, and for other purposes.
[ { "text": "1. Short title \nThis Act may be cited as the Student Records Protection Act.", "id": "HEA6AA0EF6C694F88BC8F624D31189EA0", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Record-management plans required \n(a) Accrediting requirements \nSection 496(c) of the Higher Education Act of 1965 ( 20 U.S.C. 1099b(c) ) is amended— (1) in paragraph (8), by striking and at the end; (2) in paragraph (9), by striking the period at the end and inserting ; and ; and (3) by adding at the end the following: (10) beginning on the date that is 5 years after the date of the enactment of this paragraph, requires an institution to submit for approval to the accrediting agency a records management plan upon the institution’s notifying the accrediting agency that the institution intends to cease operations. Such plan shall include— (A) a plan for the custody, continued access, and disposition of student records, including student transcripts, billing, and financial aid records; (B) a plan to provide to the Secretary, State authorizing agency, and such accrediting agency or association a list that includes the name and contact information of each student enrolled in such institution— (i) on the date such institution closed; (ii) on the date that is 120 days before the date described in clause (i); and (iii) on the date that is 180 days before the date described in clause (i); (C) an assurance from the institution that such institution— (i) will release all financial holds placed on student records; (ii) for the 1-year period beginning on the date of the closure of such institution, will not require any student or former student who requests the student records of such student to purchase such records or otherwise charge such student a fee with respect to such records; and (iii) after the 1-year period described in clause (ii), will either continue to not require the purchase of the records described in such subclause or charge a nominal fee with respect to such records, as determined by the Secretary; and (D) an estimate of the costs necessary to carry out the record-management plan and a plan for how such institution will provide funding for such costs.. (b) Program participation agreement \n(1) Amendment \nSection 487(f)(1) of the Higher Education Act of 1965 ( 20 U.S.C. 1094(f)(1) ) is amended by striking the period at the end and inserting and to prepare and submit to the Secretary a record-management plan that includes the information required under subparagraphs (A) through (D) of section 496(c)(10).. (2) Effective date \nThe amendment made by paragraph (1) shall take effect on the date that is 6 months after the date of the enactment of this Act.", "id": "H4DCC2F10F35E4B3AAEE110D60CCE4489", "header": "Record-management plans required", "nested": [ { "text": "(a) Accrediting requirements \nSection 496(c) of the Higher Education Act of 1965 ( 20 U.S.C. 1099b(c) ) is amended— (1) in paragraph (8), by striking and at the end; (2) in paragraph (9), by striking the period at the end and inserting ; and ; and (3) by adding at the end the following: (10) beginning on the date that is 5 years after the date of the enactment of this paragraph, requires an institution to submit for approval to the accrediting agency a records management plan upon the institution’s notifying the accrediting agency that the institution intends to cease operations. Such plan shall include— (A) a plan for the custody, continued access, and disposition of student records, including student transcripts, billing, and financial aid records; (B) a plan to provide to the Secretary, State authorizing agency, and such accrediting agency or association a list that includes the name and contact information of each student enrolled in such institution— (i) on the date such institution closed; (ii) on the date that is 120 days before the date described in clause (i); and (iii) on the date that is 180 days before the date described in clause (i); (C) an assurance from the institution that such institution— (i) will release all financial holds placed on student records; (ii) for the 1-year period beginning on the date of the closure of such institution, will not require any student or former student who requests the student records of such student to purchase such records or otherwise charge such student a fee with respect to such records; and (iii) after the 1-year period described in clause (ii), will either continue to not require the purchase of the records described in such subclause or charge a nominal fee with respect to such records, as determined by the Secretary; and (D) an estimate of the costs necessary to carry out the record-management plan and a plan for how such institution will provide funding for such costs..", "id": "H505E6BDFA9D8477AA71B5A2E43BFA16A", "header": "Accrediting requirements", "nested": [], "links": [ { "text": "20 U.S.C. 1099b(c)", "legal-doc": "usc", "parsable-cite": "usc/20/1099b" } ] }, { "text": "(b) Program participation agreement \n(1) Amendment \nSection 487(f)(1) of the Higher Education Act of 1965 ( 20 U.S.C. 1094(f)(1) ) is amended by striking the period at the end and inserting and to prepare and submit to the Secretary a record-management plan that includes the information required under subparagraphs (A) through (D) of section 496(c)(10).. (2) Effective date \nThe amendment made by paragraph (1) shall take effect on the date that is 6 months after the date of the enactment of this Act.", "id": "H919A817F4DAD47508598DD86C191F1CA", "header": "Program participation agreement", "nested": [], "links": [ { "text": "20 U.S.C. 1094(f)(1)", "legal-doc": "usc", "parsable-cite": "usc/20/1094" } ] } ], "links": [ { "text": "20 U.S.C. 1099b(c)", "legal-doc": "usc", "parsable-cite": "usc/20/1099b" }, { "text": "20 U.S.C. 1094(f)(1)", "legal-doc": "usc", "parsable-cite": "usc/20/1094" } ] } ]
2
1. Short title This Act may be cited as the Student Records Protection Act. 2. Record-management plans required (a) Accrediting requirements Section 496(c) of the Higher Education Act of 1965 ( 20 U.S.C. 1099b(c) ) is amended— (1) in paragraph (8), by striking and at the end; (2) in paragraph (9), by striking the period at the end and inserting ; and ; and (3) by adding at the end the following: (10) beginning on the date that is 5 years after the date of the enactment of this paragraph, requires an institution to submit for approval to the accrediting agency a records management plan upon the institution’s notifying the accrediting agency that the institution intends to cease operations. Such plan shall include— (A) a plan for the custody, continued access, and disposition of student records, including student transcripts, billing, and financial aid records; (B) a plan to provide to the Secretary, State authorizing agency, and such accrediting agency or association a list that includes the name and contact information of each student enrolled in such institution— (i) on the date such institution closed; (ii) on the date that is 120 days before the date described in clause (i); and (iii) on the date that is 180 days before the date described in clause (i); (C) an assurance from the institution that such institution— (i) will release all financial holds placed on student records; (ii) for the 1-year period beginning on the date of the closure of such institution, will not require any student or former student who requests the student records of such student to purchase such records or otherwise charge such student a fee with respect to such records; and (iii) after the 1-year period described in clause (ii), will either continue to not require the purchase of the records described in such subclause or charge a nominal fee with respect to such records, as determined by the Secretary; and (D) an estimate of the costs necessary to carry out the record-management plan and a plan for how such institution will provide funding for such costs.. (b) Program participation agreement (1) Amendment Section 487(f)(1) of the Higher Education Act of 1965 ( 20 U.S.C. 1094(f)(1) ) is amended by striking the period at the end and inserting and to prepare and submit to the Secretary a record-management plan that includes the information required under subparagraphs (A) through (D) of section 496(c)(10).. (2) Effective date The amendment made by paragraph (1) shall take effect on the date that is 6 months after the date of the enactment of this Act.
2,579
[ "Education and the Workforce Committee" ]
118hr2705ih
118
hr
2,705
ih
To direct the Secretary of Transportation to establish a Federal Advisory Committee on Women in Aviation, and for other purposes.
[ { "text": "1. Short title \nThis Act may be cited as the Women in Aviation Advisory Board Act.", "id": "H27DF9AA72BAF4399869CDEF8F8952B91", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Federal advisory committee on women in aviation \n(a) In general \nNot later than 180 days after the date of enactment of this Act, the Secretary of Transportation shall establish a Federal Advisory Committee on Women in Aviation (in this section referred to as the Committee ). (b) Duties \nThe Committee shall advise the Secretary of Transportation and the Administrator of the Federal Aviation Administration on matters related to the education, training, mentorship, outreach, recruitment, and retention of women in the aviation industry. (c) Support \nThe Secretary of Transportation shall establish in the Department of Transportation an office to provide administrative and logistical support to the Committee. (d) Membership \nNot later than 90 days after the establishment of the Committee under subsection (a), the Secretary of Transportation shall— (1) appoint members of the Committee, including not less than one representative from each of the following, including— (A) manufacturers of aircraft, avionics, propulsion systems, and air traffic management systems; (B) commercial air carriers, general aviation operators, and unmanned aircraft systems operators; (C) airports; (D) aviation training and maintenance providers; (E) certified labor representatives of pilots, flight attendants, air traffic control specialists employed by the Federal Aviation Administration, aircraft mechanics, aviation safety inspectors; (F) institutions of higher education and aviation trade schools; and (G) nonprofit organizations within the aviation industry; (2) invite the heads of each of the following departments or agencies to designate not less than 1 representative to participate on the Committee, including— (A) the Department of Transportation; (B) the Federal Aviation Administration; (C) the Transportation Security Administration; (D) the National Transportation Safety Board; (E) the National Aeronautics and Space Administration; and (F) any other departments or agencies as the Secretary determines appropriate; and (3) invite the Chair of the Committee to appoint up to 6 additional members approved by the Committee to ensure balanced representation from the aviation industry, labor stakeholders, and stakeholder associations. (e) Chair and subcommittee chairs \nThe Committee shall select a member to serve as Chairperson and shall select such subcommittee chairs as the Committee may require. (f) Duration \n(1) In general \nExcept as provided in paragraph (2), members of the Committee shall be appointed for 6 year terms. (2) Additional members \nMembers appointed under subsection (d)(14) shall serve for a 2 year term. (3) Succession \nIn the case of a member resigning, dying, or otherwise becoming incapable of serving on the Committee, the Chair shall appoint a member to serve for the remaining period of the term. (4) Term expiration \nUpon the expiration of a term of a member of the Committee, such member may serve until a replacement member is appointed under subsection (d). (5) Vacancies \nNot later than 90 days after receiving notice of a vacancy in the Committee, the Chair shall fill the vacancy in the same manner as the original appointment. (g) Meetings \nThe Committee— (1) shall meet not less than 2 times per year; and (2) may conduct business through public hearings, site visits, briefings, and other activities determined appropriate by the Committee. (h) Reporting \nNot less than once per year, the Committee shall submit to the Secretary of Transportation, the Chair of the Committee on Transportation and Infrastructure of the House of Representatives, and the Chair of the Committee on Commerce, Science, and Transportation of the Senate a report describing the activities and recommendations of the Committee. (i) Compensation \n(1) In general \nCommittee members shall serve without compensation. (2) Per diem \nThe members shall be allowed travel expenses, including per diem in lieu of subsistence, at rates authorized for employees of agencies under subchapter I of chapter 57 of title 5, United States Code. (j) Perpetual existence \nSection 14 of the Federal Advisory Committee Act (5 App. U.S.C.) shall not apply to the committee.", "id": "H11BF3A172B024D269C49928B51768EB8", "header": "Federal advisory committee on women in aviation", "nested": [ { "text": "(a) In general \nNot later than 180 days after the date of enactment of this Act, the Secretary of Transportation shall establish a Federal Advisory Committee on Women in Aviation (in this section referred to as the Committee ).", "id": "H4846AF6A7E7B4AD7A668F067E00F9808", "header": "In general", "nested": [], "links": [] }, { "text": "(b) Duties \nThe Committee shall advise the Secretary of Transportation and the Administrator of the Federal Aviation Administration on matters related to the education, training, mentorship, outreach, recruitment, and retention of women in the aviation industry.", "id": "H90585436543449D7B474FD717B51A292", "header": "Duties", "nested": [], "links": [] }, { "text": "(c) Support \nThe Secretary of Transportation shall establish in the Department of Transportation an office to provide administrative and logistical support to the Committee.", "id": "HFC43BE00938049C296B73AD8D6526BCA", "header": "Support", "nested": [], "links": [] }, { "text": "(d) Membership \nNot later than 90 days after the establishment of the Committee under subsection (a), the Secretary of Transportation shall— (1) appoint members of the Committee, including not less than one representative from each of the following, including— (A) manufacturers of aircraft, avionics, propulsion systems, and air traffic management systems; (B) commercial air carriers, general aviation operators, and unmanned aircraft systems operators; (C) airports; (D) aviation training and maintenance providers; (E) certified labor representatives of pilots, flight attendants, air traffic control specialists employed by the Federal Aviation Administration, aircraft mechanics, aviation safety inspectors; (F) institutions of higher education and aviation trade schools; and (G) nonprofit organizations within the aviation industry; (2) invite the heads of each of the following departments or agencies to designate not less than 1 representative to participate on the Committee, including— (A) the Department of Transportation; (B) the Federal Aviation Administration; (C) the Transportation Security Administration; (D) the National Transportation Safety Board; (E) the National Aeronautics and Space Administration; and (F) any other departments or agencies as the Secretary determines appropriate; and (3) invite the Chair of the Committee to appoint up to 6 additional members approved by the Committee to ensure balanced representation from the aviation industry, labor stakeholders, and stakeholder associations.", "id": "H294E90B062B84195A141C8C65AEEDC44", "header": "Membership", "nested": [], "links": [] }, { "text": "(e) Chair and subcommittee chairs \nThe Committee shall select a member to serve as Chairperson and shall select such subcommittee chairs as the Committee may require.", "id": "HF929BB3F6B654039982C1515CC509F2F", "header": "Chair and subcommittee chairs", "nested": [], "links": [] }, { "text": "(f) Duration \n(1) In general \nExcept as provided in paragraph (2), members of the Committee shall be appointed for 6 year terms. (2) Additional members \nMembers appointed under subsection (d)(14) shall serve for a 2 year term. (3) Succession \nIn the case of a member resigning, dying, or otherwise becoming incapable of serving on the Committee, the Chair shall appoint a member to serve for the remaining period of the term. (4) Term expiration \nUpon the expiration of a term of a member of the Committee, such member may serve until a replacement member is appointed under subsection (d). (5) Vacancies \nNot later than 90 days after receiving notice of a vacancy in the Committee, the Chair shall fill the vacancy in the same manner as the original appointment.", "id": "HC4BCC0FDB36F4FCFA1714866D276C752", "header": "Duration", "nested": [], "links": [] }, { "text": "(g) Meetings \nThe Committee— (1) shall meet not less than 2 times per year; and (2) may conduct business through public hearings, site visits, briefings, and other activities determined appropriate by the Committee.", "id": "HED589E10F8A84B7AABCC3CAEC050C2A3", "header": "Meetings", "nested": [], "links": [] }, { "text": "(h) Reporting \nNot less than once per year, the Committee shall submit to the Secretary of Transportation, the Chair of the Committee on Transportation and Infrastructure of the House of Representatives, and the Chair of the Committee on Commerce, Science, and Transportation of the Senate a report describing the activities and recommendations of the Committee.", "id": "H790DB16EDB2E4686A2E82D63443CF2C4", "header": "Reporting", "nested": [], "links": [] }, { "text": "(i) Compensation \n(1) In general \nCommittee members shall serve without compensation. (2) Per diem \nThe members shall be allowed travel expenses, including per diem in lieu of subsistence, at rates authorized for employees of agencies under subchapter I of chapter 57 of title 5, United States Code.", "id": "HEC8AF3F35EDD4DF1806A35C36CC01F7C", "header": "Compensation", "nested": [], "links": [ { "text": "chapter 57", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/5/57" } ] }, { "text": "(j) Perpetual existence \nSection 14 of the Federal Advisory Committee Act (5 App. U.S.C.) shall not apply to the committee.", "id": "H2206CC42A8EA4211BD7A8D09A002E65F", "header": "Perpetual existence", "nested": [], "links": [] } ], "links": [ { "text": "chapter 57", "legal-doc": "usc-chapter", "parsable-cite": "usc-chapter/5/57" } ] } ]
2
1. Short title This Act may be cited as the Women in Aviation Advisory Board Act. 2. Federal advisory committee on women in aviation (a) In general Not later than 180 days after the date of enactment of this Act, the Secretary of Transportation shall establish a Federal Advisory Committee on Women in Aviation (in this section referred to as the Committee ). (b) Duties The Committee shall advise the Secretary of Transportation and the Administrator of the Federal Aviation Administration on matters related to the education, training, mentorship, outreach, recruitment, and retention of women in the aviation industry. (c) Support The Secretary of Transportation shall establish in the Department of Transportation an office to provide administrative and logistical support to the Committee. (d) Membership Not later than 90 days after the establishment of the Committee under subsection (a), the Secretary of Transportation shall— (1) appoint members of the Committee, including not less than one representative from each of the following, including— (A) manufacturers of aircraft, avionics, propulsion systems, and air traffic management systems; (B) commercial air carriers, general aviation operators, and unmanned aircraft systems operators; (C) airports; (D) aviation training and maintenance providers; (E) certified labor representatives of pilots, flight attendants, air traffic control specialists employed by the Federal Aviation Administration, aircraft mechanics, aviation safety inspectors; (F) institutions of higher education and aviation trade schools; and (G) nonprofit organizations within the aviation industry; (2) invite the heads of each of the following departments or agencies to designate not less than 1 representative to participate on the Committee, including— (A) the Department of Transportation; (B) the Federal Aviation Administration; (C) the Transportation Security Administration; (D) the National Transportation Safety Board; (E) the National Aeronautics and Space Administration; and (F) any other departments or agencies as the Secretary determines appropriate; and (3) invite the Chair of the Committee to appoint up to 6 additional members approved by the Committee to ensure balanced representation from the aviation industry, labor stakeholders, and stakeholder associations. (e) Chair and subcommittee chairs The Committee shall select a member to serve as Chairperson and shall select such subcommittee chairs as the Committee may require. (f) Duration (1) In general Except as provided in paragraph (2), members of the Committee shall be appointed for 6 year terms. (2) Additional members Members appointed under subsection (d)(14) shall serve for a 2 year term. (3) Succession In the case of a member resigning, dying, or otherwise becoming incapable of serving on the Committee, the Chair shall appoint a member to serve for the remaining period of the term. (4) Term expiration Upon the expiration of a term of a member of the Committee, such member may serve until a replacement member is appointed under subsection (d). (5) Vacancies Not later than 90 days after receiving notice of a vacancy in the Committee, the Chair shall fill the vacancy in the same manner as the original appointment. (g) Meetings The Committee— (1) shall meet not less than 2 times per year; and (2) may conduct business through public hearings, site visits, briefings, and other activities determined appropriate by the Committee. (h) Reporting Not less than once per year, the Committee shall submit to the Secretary of Transportation, the Chair of the Committee on Transportation and Infrastructure of the House of Representatives, and the Chair of the Committee on Commerce, Science, and Transportation of the Senate a report describing the activities and recommendations of the Committee. (i) Compensation (1) In general Committee members shall serve without compensation. (2) Per diem The members shall be allowed travel expenses, including per diem in lieu of subsistence, at rates authorized for employees of agencies under subchapter I of chapter 57 of title 5, United States Code. (j) Perpetual existence Section 14 of the Federal Advisory Committee Act (5 App. U.S.C.) shall not apply to the committee.
4,261
[ "Transportation and Infrastructure Committee" ]
118hr7153ih
118
hr
7,153
ih
To reauthorize the Dr. Lorna Breen Health Care Provider Protection Act, and for other purposes.
[ { "text": "1. Short title \nThis Act may be cited as the Dr. Lorna Breen Health Care Provider Protection Reauthorization Act.", "id": "HAC1B7F6BD7154D70814D03C028C855FF", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Education and awareness initiative encouraging use of mental health and substance use disorder services by health care professionals \nSection 3 of the Dr. Lorna Breen Health Care Provider Protection Act ( Public Law 117–105 ) is amended— (1) in subsection (b), by inserting and annually thereafter, after of this Act, ; and (2) in subsection (c), by striking 2022 through 2024 and inserting 2025 through 2029.", "id": "HE2E3E1507D0A49A08B2C519CDC9D6C10", "header": "Education and awareness initiative encouraging use of mental health and substance use disorder services by health care professionals", "nested": [], "links": [ { "text": "Public Law 117–105", "legal-doc": "public-law", "parsable-cite": "pl/117/105" } ] }, { "text": "3. Programs to promote mental health among the health professional workforce \nThe second section 764 of the Public Health Service Act ( 42 U.S.C. 294t ), as added by section 4 of the Dr. Lorna Breen Health Care Provider Protection Act ( Public Law 117–105 ), is amended— (1) by redesignating such section 764 as section 764A; (2) in subsection (a)(3)— (A) by striking to eligible entities in and inserting “to eligible entities that— (A) are in ; (B) by striking the period and inserting ; or ; and (C) by adding at the end the following: (B) have a focus on the reduction of administrative burden on health care workers. ; (3) in subsection (c), by inserting not less than after period of ; and (4) in subsection (f), by striking 2022 through 2024 and inserting 2025 through 2029.", "id": "H7F8E2C205B9D4C719065F660936F1F90", "header": "Programs to promote mental health among the health professional workforce", "nested": [], "links": [ { "text": "42 U.S.C. 294t", "legal-doc": "usc", "parsable-cite": "usc/42/294t" }, { "text": "Public Law 117–105", "legal-doc": "public-law", "parsable-cite": "pl/117/105" } ] } ]
3
1. Short title This Act may be cited as the Dr. Lorna Breen Health Care Provider Protection Reauthorization Act. 2. Education and awareness initiative encouraging use of mental health and substance use disorder services by health care professionals Section 3 of the Dr. Lorna Breen Health Care Provider Protection Act ( Public Law 117–105 ) is amended— (1) in subsection (b), by inserting and annually thereafter, after of this Act, ; and (2) in subsection (c), by striking 2022 through 2024 and inserting 2025 through 2029. 3. Programs to promote mental health among the health professional workforce The second section 764 of the Public Health Service Act ( 42 U.S.C. 294t ), as added by section 4 of the Dr. Lorna Breen Health Care Provider Protection Act ( Public Law 117–105 ), is amended— (1) by redesignating such section 764 as section 764A; (2) in subsection (a)(3)— (A) by striking to eligible entities in and inserting “to eligible entities that— (A) are in ; (B) by striking the period and inserting ; or ; and (C) by adding at the end the following: (B) have a focus on the reduction of administrative burden on health care workers. ; (3) in subsection (c), by inserting not less than after period of ; and (4) in subsection (f), by striking 2022 through 2024 and inserting 2025 through 2029.
1,308
[ "Energy and Commerce Committee" ]
118hr5833ih
118
hr
5,833
ih
To protect Saudi dissidents in the United States, and for other purposes.
[ { "text": "1. Short title \nThis Act may be cited as the Protection of Saudi Dissidents Act of 2023.", "id": "H4405D1BA170343419598F98D7EFD2396", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Findings \nCongress finds the following: (1) Jamal Khashoggi, a United States resident, Saudi journalist, and Washington Post columnist, was killed and dismembered in the Saudi consulate in Istanbul, Turkey, on October 2, 2018. (2) At the time of his murder, Khashoggi was living in Virginia under an “O” visa and was in the process of applying for a permanent residency. (3) A report by the Office of the Director of National Intelligence (ODNI) found that Saudi Arabia’s Crown Prince Muhammad bin Salman approved an operation in Istanbul, Turkey, to capture or kill Khashoggi. (4) The assessment of the ODNI was based on “the Crown Prince’s control of decisionmaking in the Kingdom, the direct involvement of a key adviser and members of Muhammad bin Salman’s protective detail in the operation, and the Crown Prince’s support for using violent measures to silence dissidents abroad”. (5) The report also reiterates that “the Crown Prince has had absolute control of the Kingdom’s security and intelligence organizations” since 2017.", "id": "H9D7357174FC64718B69E937A305069FF", "header": "Findings", "nested": [], "links": [] }, { "text": "3. Restrictions on transfers of defense articles and services, design and construction services, and major defense equipment to Saudi Arabia \n(a) Initial period \nDuring the 120-day period beginning on the date of the enactment of this Act, the President may not sell, authorize a license for the export of, or otherwise transfer any defense articles or defense services, design and construction services, or major defense equipment under the Arms Export Control Act ( 22 U.S.C. 2751 et seq. ) to an intelligence, internal security, or law enforcement agency or instrumentality of the Government of Saudi Arabia, or to any person acting as an agent of or on behalf of such agency or instrumentality. (b) Subsequent periods \n(1) In general \nDuring the 120-day period beginning after the end of the 120-day period described in subsection (a), and each 120-day period thereafter, the President may not sell, authorize a license for the export of, or otherwise transfer any defense articles or services, design and construction services, or major defense equipment under the Arms Export Control Act ( 22 U.S.C. 2751 et seq. ), regardless of the amount of such articles, services, or equipment, to an intelligence, internal security, or law enforcement agency or instrumentality of the Government of Saudi Arabia, or to any person acting as an agent of or on behalf of such agency or instrumentality, unless the President has submitted to the chairman and ranking member of the appropriate congressional committees a certification described in paragraph (2). (2) Certification \nA certification described in this paragraph is a certification that contains a determination of the President that, during the 120-day period preceding the date of submission of the certification, the United States Government has not determined that the Government of Saudi Arabia has conducted any of the following activities: (A) Forced repatriation, intimidation, or killing of dissidents in other countries. (B) The unjust imprisonment in Saudi Arabia of United States citizens or aliens lawfully admitted for permanent residence or the prohibition on these individuals and their family members from exiting Saudi Arabia. (C) Torture of detainees in the custody of the Government of Saudi Arabia. (c) Exception \nThe restrictions in this section shall not apply with respect to the sale, authorization of a license for export, or transfer of any defense articles or services, design and construction services, or major defense equipment under the Arms Export Control Act ( 22 U.S.C. 2751 et seq. ) for use in— (1) the defense of the territory of Saudi Arabia from external threats; or (2) the defense of United States military or diplomatic personnel or United States facilities located in Saudi Arabia. (d) Waiver \n(1) In general \nThe President may waive the restrictions in this section if the President submits to the appropriate congressional committees a report not later than 15 days before the granting of such waiver that contains— (A) a determination of the President that such a waiver is in the vital national security interests of the United States; and (B) a detailed justification for the use of such waiver and the reasons why the restrictions in this section cannot be met. (2) Form \nThe report required by this subsection shall be submitted in unclassified form, but may contain a classified annex. (e) Sunset \nThis section shall terminate on the date that is 3 years after the date of the enactment of this Act. (f) Appropriate congressional committees defined \nIn this section, the term appropriate congressional committees means— (1) the Committee on Foreign Affairs, the Permanent Select Committee on Intelligence, and the Committee on Armed Services of the House of Representatives; and (2) the Committee on Foreign Relations, the Select Committee on Intelligence, and the Committee on Armed Services of the Senate.", "id": "H5ACC82F356CD494685F29C8479DCB579", "header": "Restrictions on transfers of defense articles and services, design and construction services, and major defense equipment to Saudi Arabia", "nested": [ { "text": "(a) Initial period \nDuring the 120-day period beginning on the date of the enactment of this Act, the President may not sell, authorize a license for the export of, or otherwise transfer any defense articles or defense services, design and construction services, or major defense equipment under the Arms Export Control Act ( 22 U.S.C. 2751 et seq. ) to an intelligence, internal security, or law enforcement agency or instrumentality of the Government of Saudi Arabia, or to any person acting as an agent of or on behalf of such agency or instrumentality.", "id": "H09115C54ABDD4EE58CF74B7C5224563A", "header": "Initial period", "nested": [], "links": [ { "text": "22 U.S.C. 2751 et seq.", "legal-doc": "usc", "parsable-cite": "usc/22/2751" } ] }, { "text": "(b) Subsequent periods \n(1) In general \nDuring the 120-day period beginning after the end of the 120-day period described in subsection (a), and each 120-day period thereafter, the President may not sell, authorize a license for the export of, or otherwise transfer any defense articles or services, design and construction services, or major defense equipment under the Arms Export Control Act ( 22 U.S.C. 2751 et seq. ), regardless of the amount of such articles, services, or equipment, to an intelligence, internal security, or law enforcement agency or instrumentality of the Government of Saudi Arabia, or to any person acting as an agent of or on behalf of such agency or instrumentality, unless the President has submitted to the chairman and ranking member of the appropriate congressional committees a certification described in paragraph (2). (2) Certification \nA certification described in this paragraph is a certification that contains a determination of the President that, during the 120-day period preceding the date of submission of the certification, the United States Government has not determined that the Government of Saudi Arabia has conducted any of the following activities: (A) Forced repatriation, intimidation, or killing of dissidents in other countries. (B) The unjust imprisonment in Saudi Arabia of United States citizens or aliens lawfully admitted for permanent residence or the prohibition on these individuals and their family members from exiting Saudi Arabia. (C) Torture of detainees in the custody of the Government of Saudi Arabia.", "id": "HB4948FE25DD14AEF9E488588E4893DE7", "header": "Subsequent periods", "nested": [], "links": [ { "text": "22 U.S.C. 2751 et seq.", "legal-doc": "usc", "parsable-cite": "usc/22/2751" } ] }, { "text": "(c) Exception \nThe restrictions in this section shall not apply with respect to the sale, authorization of a license for export, or transfer of any defense articles or services, design and construction services, or major defense equipment under the Arms Export Control Act ( 22 U.S.C. 2751 et seq. ) for use in— (1) the defense of the territory of Saudi Arabia from external threats; or (2) the defense of United States military or diplomatic personnel or United States facilities located in Saudi Arabia.", "id": "H77BDE5FEA4D7483BAB993945543C8F4D", "header": "Exception", "nested": [], "links": [ { "text": "22 U.S.C. 2751 et seq.", "legal-doc": "usc", "parsable-cite": "usc/22/2751" } ] }, { "text": "(d) Waiver \n(1) In general \nThe President may waive the restrictions in this section if the President submits to the appropriate congressional committees a report not later than 15 days before the granting of such waiver that contains— (A) a determination of the President that such a waiver is in the vital national security interests of the United States; and (B) a detailed justification for the use of such waiver and the reasons why the restrictions in this section cannot be met. (2) Form \nThe report required by this subsection shall be submitted in unclassified form, but may contain a classified annex.", "id": "H48B66F9B625E4BA98F19513DEFF5DDCF", "header": "Waiver", "nested": [], "links": [] }, { "text": "(e) Sunset \nThis section shall terminate on the date that is 3 years after the date of the enactment of this Act.", "id": "HEF04452DA67E481DB45CE0AD1A2D2860", "header": "Sunset", "nested": [], "links": [] }, { "text": "(f) Appropriate congressional committees defined \nIn this section, the term appropriate congressional committees means— (1) the Committee on Foreign Affairs, the Permanent Select Committee on Intelligence, and the Committee on Armed Services of the House of Representatives; and (2) the Committee on Foreign Relations, the Select Committee on Intelligence, and the Committee on Armed Services of the Senate.", "id": "H328BD0D881314F89B89DFC72A367E647", "header": "Appropriate congressional committees defined", "nested": [], "links": [] } ], "links": [ { "text": "22 U.S.C. 2751 et seq.", "legal-doc": "usc", "parsable-cite": "usc/22/2751" }, { "text": "22 U.S.C. 2751 et seq.", "legal-doc": "usc", "parsable-cite": "usc/22/2751" }, { "text": "22 U.S.C. 2751 et seq.", "legal-doc": "usc", "parsable-cite": "usc/22/2751" } ] }, { "text": "4. Report on consistent pattern of acts of intimidation or harassment directed against individuals in the United States \n(a) Findings \nCongress finds the following: (1) Section 6 of the Arms Export Control Act ( 22 U.S.C. 2756 ) states that no transfers or letters of offer may be issued, no credits or guarantees may be extended, and no export licenses may be issued under this Act with respect to any country determined by the President to be engaged in a consistent pattern of acts of intimidation or harassment directed against individuals in the United States. (2) Section 6 of the Arms Export Control Act further requires the President to report any such determination promptly to the Speaker of the House of Representatives, the Committee on Foreign Affairs of the House of Representatives, and to the chairman of the Committee on Foreign Relations of the Senate. (b) Report \nNot later than 60 days after the date of the enactment of this Act, the President shall submit to the appropriate congressional committees a report on— (1) whether any official of the Government of Saudi Arabia engaged in a consistent pattern of acts of intimidation or harassment directed against Jamal Khashoggi or any individual in the United States; and (2) whether any United States-origin defense articles were used in the activities described in paragraph (1). (c) Form \nThe report required by subsection (b) shall be submitted in unclassified form but may contain a classified annex. (d) Appropriate congressional committees defined \nIn this section, the term appropriate congressional committees means— (1) the Committee on Foreign Affairs and the Permanent Select Committee on Intelligence of the House of Representatives; and (2) the Committee on Foreign Relations and the Select Committee on Intelligence of the Senate.", "id": "H442E3829BC7548FD9BDCD76AC6E69B74", "header": "Report on consistent pattern of acts of intimidation or harassment directed against individuals in the United States", "nested": [ { "text": "(a) Findings \nCongress finds the following: (1) Section 6 of the Arms Export Control Act ( 22 U.S.C. 2756 ) states that no transfers or letters of offer may be issued, no credits or guarantees may be extended, and no export licenses may be issued under this Act with respect to any country determined by the President to be engaged in a consistent pattern of acts of intimidation or harassment directed against individuals in the United States. (2) Section 6 of the Arms Export Control Act further requires the President to report any such determination promptly to the Speaker of the House of Representatives, the Committee on Foreign Affairs of the House of Representatives, and to the chairman of the Committee on Foreign Relations of the Senate.", "id": "HAA8E43F271E448CD9FECD6A3006A0856", "header": "Findings", "nested": [], "links": [ { "text": "22 U.S.C. 2756", "legal-doc": "usc", "parsable-cite": "usc/22/2756" } ] }, { "text": "(b) Report \nNot later than 60 days after the date of the enactment of this Act, the President shall submit to the appropriate congressional committees a report on— (1) whether any official of the Government of Saudi Arabia engaged in a consistent pattern of acts of intimidation or harassment directed against Jamal Khashoggi or any individual in the United States; and (2) whether any United States-origin defense articles were used in the activities described in paragraph (1).", "id": "H4785B4AF9BC94AB890EDEE61107637EA", "header": "Report", "nested": [], "links": [] }, { "text": "(c) Form \nThe report required by subsection (b) shall be submitted in unclassified form but may contain a classified annex.", "id": "H21A8E62306244BD1873B335E43CA97F4", "header": "Form", "nested": [], "links": [] }, { "text": "(d) Appropriate congressional committees defined \nIn this section, the term appropriate congressional committees means— (1) the Committee on Foreign Affairs and the Permanent Select Committee on Intelligence of the House of Representatives; and (2) the Committee on Foreign Relations and the Select Committee on Intelligence of the Senate.", "id": "H011DE97B055A49538E154A2BA629DC6B", "header": "Appropriate congressional committees defined", "nested": [], "links": [] } ], "links": [ { "text": "22 U.S.C. 2756", "legal-doc": "usc", "parsable-cite": "usc/22/2756" } ] }, { "text": "5. Report and certification with respect to Saudi diplomats and diplomatic facilities in the United States \n(a) Report \nNot later than 120 days after the date of the enactment of this Act, the President shall submit to the appropriate congressional committees a report covering the three-year period preceding such date of enactment regarding whether and to what extent covered persons used diplomatic credentials, visas, or covered facilities to facilitate monitoring, tracking, surveillance, or harassment of, or harm to, other nationals of Saudi Arabia living in the United States. (b) Certification \n(1) In general \nNot later than 120 days after the date of the enactment of this Act, and each 120-day period thereafter, the President shall, if the President determines that such is the case, submit to the appropriate congressional committees a certification that the United States Government has not determined covered persons to be using diplomatic credentials, visas, or covered facilities to facilitate serious harassment of, or harm to, other nationals of Saudi Arabia living in the United States during the time period covered by each such certification. (2) Failure to submit certification \nIf the President does not submit a certification under paragraph (1), the President shall— (A) close one or more covered facilities for such period of time until the President does submit such a certification; and (B) submit to the appropriate congressional committee a report that contains— (i) a detailed explanation of why the President is unable to make such a certification; (ii) a list and summary of engagements of the United States Government with the Government of Saudi Arabia regarding the use of diplomatic credentials, visas, or covered facilities described in paragraph (1); and (iii) a description of actions the United States Government has taken or intends to take in response to the use of diplomatic credentials, visas, or covered facilities described in paragraph (1). (c) Form \nThe report required by subsection (a) and the certification and report required by subsection (b) shall be submitted in unclassified form but may contain a classified annex. (d) Waiver \n(1) In general \nThe President may waive the restrictions in this section if the President submits to the appropriate congressional committees a report not later than 15 days before the granting of such waiver that contains— (A) a determination of the President that such a waiver is in the vital national security interests of the United States; and (B) a detailed justification for the use of such waiver and the reasons why the restrictions in this section cannot be met. (2) Form \nThe report required by this subsection shall be submitted in unclassified form, but may contain a classified annex. (e) Sunset \nThis section shall terminate on the date that is 3 years after the date of the enactment of this Act. (f) Definitions \nIn this section: (1) Appropriate congressional committees \nThe term appropriate congressional committees means— (A) the Committee on Foreign Affairs and the Permanent Select Committee on Intelligence of the House of Representatives; and (B) the Committee on Foreign Relations and the Select Committee on Intelligence of the Senate. (2) Covered facility \nThe term covered facility means a diplomatic or consular facility of Saudi Arabia in the United States. (3) Covered person \nThe term covered person means a national of Saudi Arabia credentialed to a covered facility.", "id": "H9688684BE6824D7C8FA2595DB2389769", "header": "Report and certification with respect to Saudi diplomats and diplomatic facilities in the United States", "nested": [ { "text": "(a) Report \nNot later than 120 days after the date of the enactment of this Act, the President shall submit to the appropriate congressional committees a report covering the three-year period preceding such date of enactment regarding whether and to what extent covered persons used diplomatic credentials, visas, or covered facilities to facilitate monitoring, tracking, surveillance, or harassment of, or harm to, other nationals of Saudi Arabia living in the United States.", "id": "HDA4C8104891143AFB576834C60F4175F", "header": "Report", "nested": [], "links": [] }, { "text": "(b) Certification \n(1) In general \nNot later than 120 days after the date of the enactment of this Act, and each 120-day period thereafter, the President shall, if the President determines that such is the case, submit to the appropriate congressional committees a certification that the United States Government has not determined covered persons to be using diplomatic credentials, visas, or covered facilities to facilitate serious harassment of, or harm to, other nationals of Saudi Arabia living in the United States during the time period covered by each such certification. (2) Failure to submit certification \nIf the President does not submit a certification under paragraph (1), the President shall— (A) close one or more covered facilities for such period of time until the President does submit such a certification; and (B) submit to the appropriate congressional committee a report that contains— (i) a detailed explanation of why the President is unable to make such a certification; (ii) a list and summary of engagements of the United States Government with the Government of Saudi Arabia regarding the use of diplomatic credentials, visas, or covered facilities described in paragraph (1); and (iii) a description of actions the United States Government has taken or intends to take in response to the use of diplomatic credentials, visas, or covered facilities described in paragraph (1).", "id": "HB369086247C54325B1FE675B0221A40C", "header": "Certification", "nested": [], "links": [] }, { "text": "(c) Form \nThe report required by subsection (a) and the certification and report required by subsection (b) shall be submitted in unclassified form but may contain a classified annex.", "id": "HF27A881094DA4FE0B9EE86A0021102D5", "header": "Form", "nested": [], "links": [] }, { "text": "(d) Waiver \n(1) In general \nThe President may waive the restrictions in this section if the President submits to the appropriate congressional committees a report not later than 15 days before the granting of such waiver that contains— (A) a determination of the President that such a waiver is in the vital national security interests of the United States; and (B) a detailed justification for the use of such waiver and the reasons why the restrictions in this section cannot be met. (2) Form \nThe report required by this subsection shall be submitted in unclassified form, but may contain a classified annex.", "id": "HF0864D4140AF467185EEEB2097BCC86C", "header": "Waiver", "nested": [], "links": [] }, { "text": "(e) Sunset \nThis section shall terminate on the date that is 3 years after the date of the enactment of this Act.", "id": "H561795896CB94811A81F60FAA3911BE4", "header": "Sunset", "nested": [], "links": [] }, { "text": "(f) Definitions \nIn this section: (1) Appropriate congressional committees \nThe term appropriate congressional committees means— (A) the Committee on Foreign Affairs and the Permanent Select Committee on Intelligence of the House of Representatives; and (B) the Committee on Foreign Relations and the Select Committee on Intelligence of the Senate. (2) Covered facility \nThe term covered facility means a diplomatic or consular facility of Saudi Arabia in the United States. (3) Covered person \nThe term covered person means a national of Saudi Arabia credentialed to a covered facility.", "id": "HA839DD9BD2964F3E94ADD40BF7E48BC3", "header": "Definitions", "nested": [], "links": [] } ], "links": [] }, { "text": "6. Report on the duty to warn obligation of the Government of the United States \n(a) Findings \nCongress finds that Intelligence Community Directive 191 provides that— (1) when an element of the intelligence community of the United States collects or acquires credible and specific information indicating an impending threat of intentional killing, serious bodily injury, or kidnapping directed at a person, the agency must warn the intended victim or those responsible for protecting the intended victim, as appropriate unless an applicable waiver of the duty is granted by the appropriate official within the element; and (2) when issues arise with respect to whether the threat information rises to the threshold of duty to warn , the directive calls for resolution in favor of warning the intended victim. (b) Report \nNot later than 90 days after the date of the enactment of this Act, the Director of National Intelligence, in coordination with the heads of other relevant United States intelligence agencies, shall submit to the appropriate congressional committees a report with respect to— (1) whether and how the intelligence community fulfilled its duty to warn Jamal Khashoggi of threats to his life and liberty pursuant to Intelligence Community Directive 191; and (2) in the case of the intelligence community not fulfilling its duty to warn as described in paragraph (1), why the intelligence community did not fulfill this duty. (c) Form \nThe report required by subsection (b) shall be submitted in unclassified form but may contain a classified annex. (d) Definitions \nIn this section: (1) Appropriate congressional committees \nThe term appropriate congressional committees means— (A) the Committee on Foreign Affairs and the Permanent Select Committee on Intelligence of the House of Representatives; and (B) the Committee on Foreign Relations and the Select Committee on Intelligence of the Senate. (2) Duty to warn \nThe term duty to warn has the meaning given that term in Intelligence Community Directive 191, as in effect on July 21, 2015. (3) Intelligence community \nThe term intelligence community has the meaning given such term in section 3(4) of the National Security Act of 1947 ( 50 U.S.C. 3003(4) ). (4) Relevant United States intelligence agency \nThe term relevant United States intelligence agency means any element of the intelligence community that may have possessed intelligence reporting regarding threats to Jamal Khashoggi.", "id": "HFF7E89B3AF144F2FB25CCEA8CE04F6A0", "header": "Report on the duty to warn obligation of the Government of the United States", "nested": [ { "text": "(a) Findings \nCongress finds that Intelligence Community Directive 191 provides that— (1) when an element of the intelligence community of the United States collects or acquires credible and specific information indicating an impending threat of intentional killing, serious bodily injury, or kidnapping directed at a person, the agency must warn the intended victim or those responsible for protecting the intended victim, as appropriate unless an applicable waiver of the duty is granted by the appropriate official within the element; and (2) when issues arise with respect to whether the threat information rises to the threshold of duty to warn , the directive calls for resolution in favor of warning the intended victim.", "id": "H3D30BC77CEC84DD487D918BDB53C42AD", "header": "Findings", "nested": [], "links": [] }, { "text": "(b) Report \nNot later than 90 days after the date of the enactment of this Act, the Director of National Intelligence, in coordination with the heads of other relevant United States intelligence agencies, shall submit to the appropriate congressional committees a report with respect to— (1) whether and how the intelligence community fulfilled its duty to warn Jamal Khashoggi of threats to his life and liberty pursuant to Intelligence Community Directive 191; and (2) in the case of the intelligence community not fulfilling its duty to warn as described in paragraph (1), why the intelligence community did not fulfill this duty.", "id": "H1C9D718F5E4B453D9E29A6F4CEEE4070", "header": "Report", "nested": [], "links": [] }, { "text": "(c) Form \nThe report required by subsection (b) shall be submitted in unclassified form but may contain a classified annex.", "id": "H0D6E97C81320409BAA1DDF8851949A36", "header": "Form", "nested": [], "links": [] }, { "text": "(d) Definitions \nIn this section: (1) Appropriate congressional committees \nThe term appropriate congressional committees means— (A) the Committee on Foreign Affairs and the Permanent Select Committee on Intelligence of the House of Representatives; and (B) the Committee on Foreign Relations and the Select Committee on Intelligence of the Senate. (2) Duty to warn \nThe term duty to warn has the meaning given that term in Intelligence Community Directive 191, as in effect on July 21, 2015. (3) Intelligence community \nThe term intelligence community has the meaning given such term in section 3(4) of the National Security Act of 1947 ( 50 U.S.C. 3003(4) ). (4) Relevant United States intelligence agency \nThe term relevant United States intelligence agency means any element of the intelligence community that may have possessed intelligence reporting regarding threats to Jamal Khashoggi.", "id": "HDF255F29A05C4D3AB03BE3403847937F", "header": "Definitions", "nested": [], "links": [ { "text": "50 U.S.C. 3003(4)", "legal-doc": "usc", "parsable-cite": "usc/50/3003" } ] } ], "links": [ { "text": "50 U.S.C. 3003(4)", "legal-doc": "usc", "parsable-cite": "usc/50/3003" } ] }, { "text": "7. Determination of Budgetary Effects \nThe budgetary effects of this Act, for the purpose of complying with the Statutory Pay-As-You-Go Act of 2010, shall be determined by reference to the latest statement titled Budgetary Effects of PAYGO Legislation for this Act, submitted for printing in the Congressional Record by the Chairman of the House Budget Committee, provided that such statement has been submitted prior to the vote on passage.", "id": "H5D7A818127C046FDBED4201DC943F292", "header": "Determination of Budgetary Effects", "nested": [], "links": [] } ]
7
1. Short title This Act may be cited as the Protection of Saudi Dissidents Act of 2023. 2. Findings Congress finds the following: (1) Jamal Khashoggi, a United States resident, Saudi journalist, and Washington Post columnist, was killed and dismembered in the Saudi consulate in Istanbul, Turkey, on October 2, 2018. (2) At the time of his murder, Khashoggi was living in Virginia under an “O” visa and was in the process of applying for a permanent residency. (3) A report by the Office of the Director of National Intelligence (ODNI) found that Saudi Arabia’s Crown Prince Muhammad bin Salman approved an operation in Istanbul, Turkey, to capture or kill Khashoggi. (4) The assessment of the ODNI was based on “the Crown Prince’s control of decisionmaking in the Kingdom, the direct involvement of a key adviser and members of Muhammad bin Salman’s protective detail in the operation, and the Crown Prince’s support for using violent measures to silence dissidents abroad”. (5) The report also reiterates that “the Crown Prince has had absolute control of the Kingdom’s security and intelligence organizations” since 2017. 3. Restrictions on transfers of defense articles and services, design and construction services, and major defense equipment to Saudi Arabia (a) Initial period During the 120-day period beginning on the date of the enactment of this Act, the President may not sell, authorize a license for the export of, or otherwise transfer any defense articles or defense services, design and construction services, or major defense equipment under the Arms Export Control Act ( 22 U.S.C. 2751 et seq. ) to an intelligence, internal security, or law enforcement agency or instrumentality of the Government of Saudi Arabia, or to any person acting as an agent of or on behalf of such agency or instrumentality. (b) Subsequent periods (1) In general During the 120-day period beginning after the end of the 120-day period described in subsection (a), and each 120-day period thereafter, the President may not sell, authorize a license for the export of, or otherwise transfer any defense articles or services, design and construction services, or major defense equipment under the Arms Export Control Act ( 22 U.S.C. 2751 et seq. ), regardless of the amount of such articles, services, or equipment, to an intelligence, internal security, or law enforcement agency or instrumentality of the Government of Saudi Arabia, or to any person acting as an agent of or on behalf of such agency or instrumentality, unless the President has submitted to the chairman and ranking member of the appropriate congressional committees a certification described in paragraph (2). (2) Certification A certification described in this paragraph is a certification that contains a determination of the President that, during the 120-day period preceding the date of submission of the certification, the United States Government has not determined that the Government of Saudi Arabia has conducted any of the following activities: (A) Forced repatriation, intimidation, or killing of dissidents in other countries. (B) The unjust imprisonment in Saudi Arabia of United States citizens or aliens lawfully admitted for permanent residence or the prohibition on these individuals and their family members from exiting Saudi Arabia. (C) Torture of detainees in the custody of the Government of Saudi Arabia. (c) Exception The restrictions in this section shall not apply with respect to the sale, authorization of a license for export, or transfer of any defense articles or services, design and construction services, or major defense equipment under the Arms Export Control Act ( 22 U.S.C. 2751 et seq. ) for use in— (1) the defense of the territory of Saudi Arabia from external threats; or (2) the defense of United States military or diplomatic personnel or United States facilities located in Saudi Arabia. (d) Waiver (1) In general The President may waive the restrictions in this section if the President submits to the appropriate congressional committees a report not later than 15 days before the granting of such waiver that contains— (A) a determination of the President that such a waiver is in the vital national security interests of the United States; and (B) a detailed justification for the use of such waiver and the reasons why the restrictions in this section cannot be met. (2) Form The report required by this subsection shall be submitted in unclassified form, but may contain a classified annex. (e) Sunset This section shall terminate on the date that is 3 years after the date of the enactment of this Act. (f) Appropriate congressional committees defined In this section, the term appropriate congressional committees means— (1) the Committee on Foreign Affairs, the Permanent Select Committee on Intelligence, and the Committee on Armed Services of the House of Representatives; and (2) the Committee on Foreign Relations, the Select Committee on Intelligence, and the Committee on Armed Services of the Senate. 4. Report on consistent pattern of acts of intimidation or harassment directed against individuals in the United States (a) Findings Congress finds the following: (1) Section 6 of the Arms Export Control Act ( 22 U.S.C. 2756 ) states that no transfers or letters of offer may be issued, no credits or guarantees may be extended, and no export licenses may be issued under this Act with respect to any country determined by the President to be engaged in a consistent pattern of acts of intimidation or harassment directed against individuals in the United States. (2) Section 6 of the Arms Export Control Act further requires the President to report any such determination promptly to the Speaker of the House of Representatives, the Committee on Foreign Affairs of the House of Representatives, and to the chairman of the Committee on Foreign Relations of the Senate. (b) Report Not later than 60 days after the date of the enactment of this Act, the President shall submit to the appropriate congressional committees a report on— (1) whether any official of the Government of Saudi Arabia engaged in a consistent pattern of acts of intimidation or harassment directed against Jamal Khashoggi or any individual in the United States; and (2) whether any United States-origin defense articles were used in the activities described in paragraph (1). (c) Form The report required by subsection (b) shall be submitted in unclassified form but may contain a classified annex. (d) Appropriate congressional committees defined In this section, the term appropriate congressional committees means— (1) the Committee on Foreign Affairs and the Permanent Select Committee on Intelligence of the House of Representatives; and (2) the Committee on Foreign Relations and the Select Committee on Intelligence of the Senate. 5. Report and certification with respect to Saudi diplomats and diplomatic facilities in the United States (a) Report Not later than 120 days after the date of the enactment of this Act, the President shall submit to the appropriate congressional committees a report covering the three-year period preceding such date of enactment regarding whether and to what extent covered persons used diplomatic credentials, visas, or covered facilities to facilitate monitoring, tracking, surveillance, or harassment of, or harm to, other nationals of Saudi Arabia living in the United States. (b) Certification (1) In general Not later than 120 days after the date of the enactment of this Act, and each 120-day period thereafter, the President shall, if the President determines that such is the case, submit to the appropriate congressional committees a certification that the United States Government has not determined covered persons to be using diplomatic credentials, visas, or covered facilities to facilitate serious harassment of, or harm to, other nationals of Saudi Arabia living in the United States during the time period covered by each such certification. (2) Failure to submit certification If the President does not submit a certification under paragraph (1), the President shall— (A) close one or more covered facilities for such period of time until the President does submit such a certification; and (B) submit to the appropriate congressional committee a report that contains— (i) a detailed explanation of why the President is unable to make such a certification; (ii) a list and summary of engagements of the United States Government with the Government of Saudi Arabia regarding the use of diplomatic credentials, visas, or covered facilities described in paragraph (1); and (iii) a description of actions the United States Government has taken or intends to take in response to the use of diplomatic credentials, visas, or covered facilities described in paragraph (1). (c) Form The report required by subsection (a) and the certification and report required by subsection (b) shall be submitted in unclassified form but may contain a classified annex. (d) Waiver (1) In general The President may waive the restrictions in this section if the President submits to the appropriate congressional committees a report not later than 15 days before the granting of such waiver that contains— (A) a determination of the President that such a waiver is in the vital national security interests of the United States; and (B) a detailed justification for the use of such waiver and the reasons why the restrictions in this section cannot be met. (2) Form The report required by this subsection shall be submitted in unclassified form, but may contain a classified annex. (e) Sunset This section shall terminate on the date that is 3 years after the date of the enactment of this Act. (f) Definitions In this section: (1) Appropriate congressional committees The term appropriate congressional committees means— (A) the Committee on Foreign Affairs and the Permanent Select Committee on Intelligence of the House of Representatives; and (B) the Committee on Foreign Relations and the Select Committee on Intelligence of the Senate. (2) Covered facility The term covered facility means a diplomatic or consular facility of Saudi Arabia in the United States. (3) Covered person The term covered person means a national of Saudi Arabia credentialed to a covered facility. 6. Report on the duty to warn obligation of the Government of the United States (a) Findings Congress finds that Intelligence Community Directive 191 provides that— (1) when an element of the intelligence community of the United States collects or acquires credible and specific information indicating an impending threat of intentional killing, serious bodily injury, or kidnapping directed at a person, the agency must warn the intended victim or those responsible for protecting the intended victim, as appropriate unless an applicable waiver of the duty is granted by the appropriate official within the element; and (2) when issues arise with respect to whether the threat information rises to the threshold of duty to warn , the directive calls for resolution in favor of warning the intended victim. (b) Report Not later than 90 days after the date of the enactment of this Act, the Director of National Intelligence, in coordination with the heads of other relevant United States intelligence agencies, shall submit to the appropriate congressional committees a report with respect to— (1) whether and how the intelligence community fulfilled its duty to warn Jamal Khashoggi of threats to his life and liberty pursuant to Intelligence Community Directive 191; and (2) in the case of the intelligence community not fulfilling its duty to warn as described in paragraph (1), why the intelligence community did not fulfill this duty. (c) Form The report required by subsection (b) shall be submitted in unclassified form but may contain a classified annex. (d) Definitions In this section: (1) Appropriate congressional committees The term appropriate congressional committees means— (A) the Committee on Foreign Affairs and the Permanent Select Committee on Intelligence of the House of Representatives; and (B) the Committee on Foreign Relations and the Select Committee on Intelligence of the Senate. (2) Duty to warn The term duty to warn has the meaning given that term in Intelligence Community Directive 191, as in effect on July 21, 2015. (3) Intelligence community The term intelligence community has the meaning given such term in section 3(4) of the National Security Act of 1947 ( 50 U.S.C. 3003(4) ). (4) Relevant United States intelligence agency The term relevant United States intelligence agency means any element of the intelligence community that may have possessed intelligence reporting regarding threats to Jamal Khashoggi. 7. Determination of Budgetary Effects The budgetary effects of this Act, for the purpose of complying with the Statutory Pay-As-You-Go Act of 2010, shall be determined by reference to the latest statement titled Budgetary Effects of PAYGO Legislation for this Act, submitted for printing in the Congressional Record by the Chairman of the House Budget Committee, provided that such statement has been submitted prior to the vote on passage.
13,247
[ "Budget Committee", "Intelligence (Permanent Select) Committee", "Foreign Affairs Committee" ]
118hr3013ih
118
hr
3,013
ih
To direct the Secretary of Transportation to modify certain regulations relating to the requirements for commercial driver’s license testing and commercial learner’s permit holders, and for other purposes.
[ { "text": "1. Short title \nThis Act may be cited as the Licensing Individual Commercial Exam-takers Now Safely and Efficiently Act of 2023 or the LICENSE Act of 2023.", "id": "HF6D7B1509C7D4D1BB65333A1D80F8E5B", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Modifications to certain commercial driver’s license regulations \nNot later than 90 days after the date of enactment of this Act, the Secretary of Transportation, acting through the Administrator of the Federal Motor Carrier Safety Administration, shall— (1) revise section 384.228 of title 49, Code of Federal Regulations (or a successor regulation), to allow a State or third-party examiner to administer the commercial driver’s license knowledge test only if the examiner— (A) maintains a valid commercial driver’s license test examiner certification; (B) completes a commercial driver’s license skills test examiner training course that meets the requirements of subsection (d) of such section; and (C) completes 1 unit of instruction described in subsection (c)(3) of such section; and (2) revise section 383.79 of title 49, Code of Federal Regulations (or a successor regulation), to allow a State to administer a driving skills tests to any commercial driver’s license applicant, regardless of the State of domicile of the applicant or where the applicant received driver training.", "id": "HF297E61EED394433934B3487B9590505", "header": "Modifications to certain commercial driver’s license regulations", "nested": [], "links": [] } ]
2
1. Short title This Act may be cited as the Licensing Individual Commercial Exam-takers Now Safely and Efficiently Act of 2023 or the LICENSE Act of 2023. 2. Modifications to certain commercial driver’s license regulations Not later than 90 days after the date of enactment of this Act, the Secretary of Transportation, acting through the Administrator of the Federal Motor Carrier Safety Administration, shall— (1) revise section 384.228 of title 49, Code of Federal Regulations (or a successor regulation), to allow a State or third-party examiner to administer the commercial driver’s license knowledge test only if the examiner— (A) maintains a valid commercial driver’s license test examiner certification; (B) completes a commercial driver’s license skills test examiner training course that meets the requirements of subsection (d) of such section; and (C) completes 1 unit of instruction described in subsection (c)(3) of such section; and (2) revise section 383.79 of title 49, Code of Federal Regulations (or a successor regulation), to allow a State to administer a driving skills tests to any commercial driver’s license applicant, regardless of the State of domicile of the applicant or where the applicant received driver training.
1,247
[ "Transportation and Infrastructure Committee" ]
118hr5589ih
118
hr
5,589
ih
To provide fresh produce to individuals facing food and nutrition insecurity, and for other purposes.
[ { "text": "1. Short title \nThis Act may be cited as the Fresh Produce Procurement Reform Act of 2023.", "id": "H0B7881DBC7C14E80905A42C4E7DC7A7D", "header": "Short title", "nested": [], "links": [] }, { "text": "2. Contracts for fresh produce \n(a) Definitions \nIn this section: (1) Beginning farmer \nThe term beginning farmer has the meaning given the term beginning farmer or rancher in section 343(a) of the Consolidated Farm and Rural Development Act ( 7 U.S.C. 1991(a) ). (2) Eligible entity \nThe term eligible entity means an entity that— (A) is— (i) a grower, packer, distributor, or food-hub; (ii) a nonprofit organization; or (iii) a cooperative; and (B) (i) is located in the State or locality in which the produce shall be distributed; or (ii) has demonstrated experience distributing to that State or locality. (3) Family farm \nThe term family farm has the meaning given the term in section 761.2 of title 7, Code of Federal Regulations (as in effect on December 30, 2007). (4) Program \nThe term program means the program established under subsection (b). (5) Qualifying entity \nThe term qualifying entity means a nonprofit food bank, a nonprofit food pantry, a nonprofit school, a nonprofit child or senior care center, a nonprofit youth-serving community based organization, a Tribal organization, or a public agency that— (A) participates in a nutrition program administered by the Secretary, including— (i) the school lunch program established under the Richard B. Russell National School Lunch Act ( 42 U.S.C. 1751 et seq. ); (ii) the summer food service program established under section 13 of that Act ( 42 U.S.C. 1761 ); (iii) the child and adult care food program established under section 17 of that Act ( 42 U.S.C. 1766 ); (iv) the food distribution program on Indian reservations established under section 4(b) of the Food and Nutrition Act of 2008 ( 7 U.S.C. 2013(b) ); (v) the commodity supplemental food program established under section 4 of the Agriculture and Consumer Protection Act of 1973 ( 7 U.S.C. 612c note; Public Law 93–86 ); and (vi) the emergency food assistance program established pursuant to the Emergency Food Assistance Act of 1983 ( 7 U.S.C. 7501 et seq. ); or (B) does not participate in a nutrition program described in subparagraph (A) but has demonstrated experience in serving the needs of vulnerable populations facing food and nutrition insecurity. (6) Secretary \nThe term Secretary means the Secretary of Agriculture, acting through the Administrator of the Agricultural Marketing Service. (7) Socially disadvantaged farmer \nThe term socially disadvantaged farmer has the meaning given the term socially disadvantaged farmer or rancher in section 2501(a) of the Food, Agriculture, Conservation, and Trade Act of 1990 ( 7 U.S.C. 2279(a) ). (8) State \nThe term State means— (A) a State; (B) the District of Columbia; (C) an Indian Tribe (as defined in section 4 of the Indian Self-Determination and Education Assistance Act ( 25 U.S.C. 5304 )); and (D) a territory or possession of the United States. (9) Veteran farmer \nThe term veteran farmer has the meaning given the term veteran farmer or rancher in section 2501(a) of the Food, Agriculture, Conservation, and Trade Act of 1990 ( 7 U.S.C. 2279(a) ). (b) Establishment \nNot later than 90 days after the date of enactment of this Act, the Secretary, in consultation with the Administrator of the Food and Nutrition Service, shall establish a program under which the Secretary shall enter into contracts with eligible entities to procure fresh produce (excluding legumes) for distribution to qualifying entities that serve individuals at risk of food and nutrition insecurity. (c) Purposes \nThe purposes of the program are— (1) to increase access of low-income households to a wide variety of fresh produce; (2) to directly connect produce producers and distributors to nonprofit emergency feeding entities; (3) to increase the procurement of fresh produce by the Federal Government; (4) to strengthen the local and regional food supply chain; (5) to reduce on-farm food loss caused by a market disruption; and (6) to model nimbleness and responsiveness in and out of emergency situations relating to food insecurity, nutrition security, and disruptions to the food supply chain. (d) Selection \n(1) Criteria \nIn selecting eligible entities with which to enter into contracts under the program, the Secretary shall consider whether the eligible entity— (A) has demonstrated experience in fresh produce supply chain distribution; (B) is a small business concern (as defined in section 3 of the Small Business Act ( 15 U.S.C. 632 )); (C) holds a PACA license, relevant food safety certifications, and any other relevant licenses or certifications, as determined by the Secretary; (D) sources from small- and medium-sized growers, and local and regional produce, as geographically and seasonally feasible; (E) has demonstrated relationships with at least 2 qualifying entities, including a qualifying entity that does not receive resources through the emergency food assistance program established pursuant to the Emergency Food Assistance Act of 1983 ( 7 U.S.C. 7501 et seq. ); and (F) offers the Secretary a price determined by the Secretary to be the overall best value without limiting evaluation factors to lowest price or highest technical rating. (2) Priority \nIn selecting eligible entities with which to enter into contracts under the program, the Secretary shall give priority to eligible entities that— (A) grow the produce that will be provided and distributed to qualifying entities; (B) are, or source from— (i) beginning farmers; (ii) small or mid-sized farms that are structured as family farms; or (iii) socially disadvantaged farmers, including women-owned and veteran-owned eligible entities; and (C) are able to deliver to areas most in need of fresh produce, as determined by the Secretary. (e) Contract terms \n(1) Period of performance \nThe period of performance for a contract entered into under the program shall be— (A) not less than 90 days; and (B) not more than 120 days. (2) Price \nThe price paid by the Secretary under a contract entered into under the program shall be inclusive of all transportation and distribution costs associated with delivering fresh produce to the final destination of the applicable qualifying entity. (3) Produce makeup \nA contract entered into under the program shall require that the fresh produce procured for distribution to a qualifying entity meets the following requirements: (A The fresh produce is grown in the United States. (B) The fresh produce includes locally grown produce as geographically and seasonally feasible, as determined by the Secretary. (C) Not fewer than 7 varieties of fresh produce are distributed. (D) The variety of fresh produce distributed is consistent with the most recent Dietary Guidelines for Americans published under section 301 of the National Nutrition Monitoring and Related Research Act of 1990 ( 7 U.S.C. 5341 ). (E) The fresh produce includes specialty crops of cultural importance to the recipients of the fresh produce, as determined by the Secretary, in consultation with the distributing qualifying entity. (4) Payment under contract \nUnder a contract entered into under the program, the Secretary shall— (A) make a payment to the eligible entity of not less than 30 percent of the contract price in advance of the first distribution of produce under the contract; and (B) after the eligible entity provides documentation that the payment under subparagraph (A) has been spent, pay the remaining amount under the contract in 2 disbursements of equal value. (f) Program administration \n(1) Qualifying entities \nThe Secretary shall— (A) maintain a list of qualifying entities that participate in the program; and (B) conduct outreach to ensure that qualifying entities are made aware of the program. (2) Equity and geographic reach \n(A) In general \nIn carrying out the program each fiscal year, the Secretary shall enter into contracts with eligible entities in a manner that ensures that the total value of contracts entered into in each State is proportionate to the number of households and individuals living in poverty within the State, as determined by the Secretary. (B) Diversity \nThe Secretary shall award multiple contracts under the program to eligible entities located in or serving each region of the Food and Nutrition Service to provide opportunities to a broad range of producers and eligible entities. (3) Vulnerable areas \nIn carrying out the program, the Secretary shall establish a process— (A) to determine the areas most in need of produce provision under the program, including rural areas, the territories and possessions of the United States, and areas under the jurisdiction of a Tribal government; and (B) to ensure that those areas are served by the program. (4) Financial information and assistance \nThe Secretary shall provide— (A) information to assist small farmers, beginning farmers, veteran farmers, and socially disadvantaged farmers in obtaining food safety certifications; and (B) financial assistance to cover the associated costs of necessary changes and upgrades to practices and equipment to improve food safety. (5) Technical assistance \nThe Secretary shall provide technical assistance to eligible entities participating in the program with respect to— (A) the contract terms and expectations applicable to those eligible entities; (B) best practices for the distribution of produce and expectations of the Secretary relating to distribution; and (C) food safety certification. (g) Reporting \n(1) In general \nNot later than 1 year after the date of enactment of this Act, the Secretary shall submit to the Committee on Agriculture, Nutrition, and Forestry of the Senate and the Committee on Agriculture of the House of Representatives a report that describes the activities carried out under the program, including, within a State— (A) the counties and percentage of counties served; (B) the number of produce packages provided; (C) the quantity and variety of fresh produce distributed; (D) the number of farms from which produce is sourced, including the size of those farms; (E) the percentage of fresh produce procured locally and regionally; and (F) any other data determined relevant by the Secretary. (2) GAO report \nNot 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 Agriculture, Nutrition, and Forestry of the Senate and the Committee on Agriculture of the House of Representatives a report that evaluates the effectiveness of the program with respect to the purposes of the program described in subsection (c).", "id": "H7ADFAC177D2245908663EBA86A30A2C0", "header": "Contracts for fresh produce", "nested": [ { "text": "(a) Definitions \nIn this section: (1) Beginning farmer \nThe term beginning farmer has the meaning given the term beginning farmer or rancher in section 343(a) of the Consolidated Farm and Rural Development Act ( 7 U.S.C. 1991(a) ). (2) Eligible entity \nThe term eligible entity means an entity that— (A) is— (i) a grower, packer, distributor, or food-hub; (ii) a nonprofit organization; or (iii) a cooperative; and (B) (i) is located in the State or locality in which the produce shall be distributed; or (ii) has demonstrated experience distributing to that State or locality. (3) Family farm \nThe term family farm has the meaning given the term in section 761.2 of title 7, Code of Federal Regulations (as in effect on December 30, 2007). (4) Program \nThe term program means the program established under subsection (b). (5) Qualifying entity \nThe term qualifying entity means a nonprofit food bank, a nonprofit food pantry, a nonprofit school, a nonprofit child or senior care center, a nonprofit youth-serving community based organization, a Tribal organization, or a public agency that— (A) participates in a nutrition program administered by the Secretary, including— (i) the school lunch program established under the Richard B. Russell National School Lunch Act ( 42 U.S.C. 1751 et seq. ); (ii) the summer food service program established under section 13 of that Act ( 42 U.S.C. 1761 ); (iii) the child and adult care food program established under section 17 of that Act ( 42 U.S.C. 1766 ); (iv) the food distribution program on Indian reservations established under section 4(b) of the Food and Nutrition Act of 2008 ( 7 U.S.C. 2013(b) ); (v) the commodity supplemental food program established under section 4 of the Agriculture and Consumer Protection Act of 1973 ( 7 U.S.C. 612c note; Public Law 93–86 ); and (vi) the emergency food assistance program established pursuant to the Emergency Food Assistance Act of 1983 ( 7 U.S.C. 7501 et seq. ); or (B) does not participate in a nutrition program described in subparagraph (A) but has demonstrated experience in serving the needs of vulnerable populations facing food and nutrition insecurity. (6) Secretary \nThe term Secretary means the Secretary of Agriculture, acting through the Administrator of the Agricultural Marketing Service. (7) Socially disadvantaged farmer \nThe term socially disadvantaged farmer has the meaning given the term socially disadvantaged farmer or rancher in section 2501(a) of the Food, Agriculture, Conservation, and Trade Act of 1990 ( 7 U.S.C. 2279(a) ). (8) State \nThe term State means— (A) a State; (B) the District of Columbia; (C) an Indian Tribe (as defined in section 4 of the Indian Self-Determination and Education Assistance Act ( 25 U.S.C. 5304 )); and (D) a territory or possession of the United States. (9) Veteran farmer \nThe term veteran farmer has the meaning given the term veteran farmer or rancher in section 2501(a) of the Food, Agriculture, Conservation, and Trade Act of 1990 ( 7 U.S.C. 2279(a) ).", "id": "H22F83A6C3F5B4FA3B58919FF36F2DC6F", "header": "Definitions", "nested": [], "links": [ { "text": "7 U.S.C. 1991(a)", "legal-doc": "usc", "parsable-cite": "usc/7/1991" }, { "text": "42 U.S.C. 1751 et seq.", "legal-doc": "usc", "parsable-cite": "usc/42/1751" }, { "text": "42 U.S.C. 1761", "legal-doc": "usc", "parsable-cite": "usc/42/1761" }, { "text": "42 U.S.C. 1766", "legal-doc": "usc", "parsable-cite": "usc/42/1766" }, { "text": "7 U.S.C. 2013(b)", "legal-doc": "usc", "parsable-cite": "usc/7/2013" }, { "text": "7 U.S.C. 612c", "legal-doc": "usc", "parsable-cite": "usc/7/612c" }, { "text": "Public Law 93–86", "legal-doc": "public-law", "parsable-cite": "pl/93/86" }, { "text": "7 U.S.C. 7501 et seq.", "legal-doc": "usc", "parsable-cite": "usc/7/7501" }, { "text": "7 U.S.C. 2279(a)", "legal-doc": "usc", "parsable-cite": "usc/7/2279" }, { "text": "25 U.S.C. 5304", "legal-doc": "usc", "parsable-cite": "usc/25/5304" }, { "text": "7 U.S.C. 2279(a)", "legal-doc": "usc", "parsable-cite": "usc/7/2279" } ] }, { "text": "(b) Establishment \nNot later than 90 days after the date of enactment of this Act, the Secretary, in consultation with the Administrator of the Food and Nutrition Service, shall establish a program under which the Secretary shall enter into contracts with eligible entities to procure fresh produce (excluding legumes) for distribution to qualifying entities that serve individuals at risk of food and nutrition insecurity.", "id": "HF0668593A7C94B4EAB61F43387F9C480", "header": "Establishment", "nested": [], "links": [] }, { "text": "(c) Purposes \nThe purposes of the program are— (1) to increase access of low-income households to a wide variety of fresh produce; (2) to directly connect produce producers and distributors to nonprofit emergency feeding entities; (3) to increase the procurement of fresh produce by the Federal Government; (4) to strengthen the local and regional food supply chain; (5) to reduce on-farm food loss caused by a market disruption; and (6) to model nimbleness and responsiveness in and out of emergency situations relating to food insecurity, nutrition security, and disruptions to the food supply chain.", "id": "H13F06FCE6E114D8AA9942DA24A4FD4D9", "header": "Purposes", "nested": [], "links": [] }, { "text": "(d) Selection \n(1) Criteria \nIn selecting eligible entities with which to enter into contracts under the program, the Secretary shall consider whether the eligible entity— (A) has demonstrated experience in fresh produce supply chain distribution; (B) is a small business concern (as defined in section 3 of the Small Business Act ( 15 U.S.C. 632 )); (C) holds a PACA license, relevant food safety certifications, and any other relevant licenses or certifications, as determined by the Secretary; (D) sources from small- and medium-sized growers, and local and regional produce, as geographically and seasonally feasible; (E) has demonstrated relationships with at least 2 qualifying entities, including a qualifying entity that does not receive resources through the emergency food assistance program established pursuant to the Emergency Food Assistance Act of 1983 ( 7 U.S.C. 7501 et seq. ); and (F) offers the Secretary a price determined by the Secretary to be the overall best value without limiting evaluation factors to lowest price or highest technical rating. (2) Priority \nIn selecting eligible entities with which to enter into contracts under the program, the Secretary shall give priority to eligible entities that— (A) grow the produce that will be provided and distributed to qualifying entities; (B) are, or source from— (i) beginning farmers; (ii) small or mid-sized farms that are structured as family farms; or (iii) socially disadvantaged farmers, including women-owned and veteran-owned eligible entities; and (C) are able to deliver to areas most in need of fresh produce, as determined by the Secretary.", "id": "HC0E213D175A64265BC7C3FA157B945AD", "header": "Selection", "nested": [], "links": [ { "text": "15 U.S.C. 632", "legal-doc": "usc", "parsable-cite": "usc/15/632" }, { "text": "7 U.S.C. 7501 et seq.", "legal-doc": "usc", "parsable-cite": "usc/7/7501" } ] }, { "text": "(e) Contract terms \n(1) Period of performance \nThe period of performance for a contract entered into under the program shall be— (A) not less than 90 days; and (B) not more than 120 days. (2) Price \nThe price paid by the Secretary under a contract entered into under the program shall be inclusive of all transportation and distribution costs associated with delivering fresh produce to the final destination of the applicable qualifying entity. (3) Produce makeup \nA contract entered into under the program shall require that the fresh produce procured for distribution to a qualifying entity meets the following requirements: (A The fresh produce is grown in the United States. (B) The fresh produce includes locally grown produce as geographically and seasonally feasible, as determined by the Secretary. (C) Not fewer than 7 varieties of fresh produce are distributed. (D) The variety of fresh produce distributed is consistent with the most recent Dietary Guidelines for Americans published under section 301 of the National Nutrition Monitoring and Related Research Act of 1990 ( 7 U.S.C. 5341 ). (E) The fresh produce includes specialty crops of cultural importance to the recipients of the fresh produce, as determined by the Secretary, in consultation with the distributing qualifying entity. (4) Payment under contract \nUnder a contract entered into under the program, the Secretary shall— (A) make a payment to the eligible entity of not less than 30 percent of the contract price in advance of the first distribution of produce under the contract; and (B) after the eligible entity provides documentation that the payment under subparagraph (A) has been spent, pay the remaining amount under the contract in 2 disbursements of equal value.", "id": "H49D0B9E027954FA5A3EED169ED173D73", "header": "Contract terms", "nested": [], "links": [ { "text": "7 U.S.C. 5341", "legal-doc": "usc", "parsable-cite": "usc/7/5341" } ] }, { "text": "(f) Program administration \n(1) Qualifying entities \nThe Secretary shall— (A) maintain a list of qualifying entities that participate in the program; and (B) conduct outreach to ensure that qualifying entities are made aware of the program. (2) Equity and geographic reach \n(A) In general \nIn carrying out the program each fiscal year, the Secretary shall enter into contracts with eligible entities in a manner that ensures that the total value of contracts entered into in each State is proportionate to the number of households and individuals living in poverty within the State, as determined by the Secretary. (B) Diversity \nThe Secretary shall award multiple contracts under the program to eligible entities located in or serving each region of the Food and Nutrition Service to provide opportunities to a broad range of producers and eligible entities. (3) Vulnerable areas \nIn carrying out the program, the Secretary shall establish a process— (A) to determine the areas most in need of produce provision under the program, including rural areas, the territories and possessions of the United States, and areas under the jurisdiction of a Tribal government; and (B) to ensure that those areas are served by the program. (4) Financial information and assistance \nThe Secretary shall provide— (A) information to assist small farmers, beginning farmers, veteran farmers, and socially disadvantaged farmers in obtaining food safety certifications; and (B) financial assistance to cover the associated costs of necessary changes and upgrades to practices and equipment to improve food safety. (5) Technical assistance \nThe Secretary shall provide technical assistance to eligible entities participating in the program with respect to— (A) the contract terms and expectations applicable to those eligible entities; (B) best practices for the distribution of produce and expectations of the Secretary relating to distribution; and (C) food safety certification.", "id": "H326613DF24F84FA6B9B3F587B535FE0B", "header": "Program administration", "nested": [], "links": [] }, { "text": "(g) Reporting \n(1) In general \nNot later than 1 year after the date of enactment of this Act, the Secretary shall submit to the Committee on Agriculture, Nutrition, and Forestry of the Senate and the Committee on Agriculture of the House of Representatives a report that describes the activities carried out under the program, including, within a State— (A) the counties and percentage of counties served; (B) the number of produce packages provided; (C) the quantity and variety of fresh produce distributed; (D) the number of farms from which produce is sourced, including the size of those farms; (E) the percentage of fresh produce procured locally and regionally; and (F) any other data determined relevant by the Secretary. (2) GAO report \nNot 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 Agriculture, Nutrition, and Forestry of the Senate and the Committee on Agriculture of the House of Representatives a report that evaluates the effectiveness of the program with respect to the purposes of the program described in subsection (c).", "id": "H08C6FBE565434E90AC8DC83CA58DE5E7", "header": "Reporting", "nested": [], "links": [] } ], "links": [ { "text": "7 U.S.C. 1991(a)", "legal-doc": "usc", "parsable-cite": "usc/7/1991" }, { "text": "42 U.S.C. 1751 et seq.", "legal-doc": "usc", "parsable-cite": "usc/42/1751" }, { "text": "42 U.S.C. 1761", "legal-doc": "usc", "parsable-cite": "usc/42/1761" }, { "text": "42 U.S.C. 1766", "legal-doc": "usc", "parsable-cite": "usc/42/1766" }, { "text": "7 U.S.C. 2013(b)", "legal-doc": "usc", "parsable-cite": "usc/7/2013" }, { "text": "7 U.S.C. 612c", "legal-doc": "usc", "parsable-cite": "usc/7/612c" }, { "text": "Public Law 93–86", "legal-doc": "public-law", "parsable-cite": "pl/93/86" }, { "text": "7 U.S.C. 7501 et seq.", "legal-doc": "usc", "parsable-cite": "usc/7/7501" }, { "text": "7 U.S.C. 2279(a)", "legal-doc": "usc", "parsable-cite": "usc/7/2279" }, { "text": "25 U.S.C. 5304", "legal-doc": "usc", "parsable-cite": "usc/25/5304" }, { "text": "7 U.S.C. 2279(a)", "legal-doc": "usc", "parsable-cite": "usc/7/2279" }, { "text": "15 U.S.C. 632", "legal-doc": "usc", "parsable-cite": "usc/15/632" }, { "text": "7 U.S.C. 7501 et seq.", "legal-doc": "usc", "parsable-cite": "usc/7/7501" }, { "text": "7 U.S.C. 5341", "legal-doc": "usc", "parsable-cite": "usc/7/5341" } ] } ]
2
1. Short title This Act may be cited as the Fresh Produce Procurement Reform Act of 2023. 2. Contracts for fresh produce (a) Definitions In this section: (1) Beginning farmer The term beginning farmer has the meaning given the term beginning farmer or rancher in section 343(a) of the Consolidated Farm and Rural Development Act ( 7 U.S.C. 1991(a) ). (2) Eligible entity The term eligible entity means an entity that— (A) is— (i) a grower, packer, distributor, or food-hub; (ii) a nonprofit organization; or (iii) a cooperative; and (B) (i) is located in the State or locality in which the produce shall be distributed; or (ii) has demonstrated experience distributing to that State or locality. (3) Family farm The term family farm has the meaning given the term in section 761.2 of title 7, Code of Federal Regulations (as in effect on December 30, 2007). (4) Program The term program means the program established under subsection (b). (5) Qualifying entity The term qualifying entity means a nonprofit food bank, a nonprofit food pantry, a nonprofit school, a nonprofit child or senior care center, a nonprofit youth-serving community based organization, a Tribal organization, or a public agency that— (A) participates in a nutrition program administered by the Secretary, including— (i) the school lunch program established under the Richard B. Russell National School Lunch Act ( 42 U.S.C. 1751 et seq. ); (ii) the summer food service program established under section 13 of that Act ( 42 U.S.C. 1761 ); (iii) the child and adult care food program established under section 17 of that Act ( 42 U.S.C. 1766 ); (iv) the food distribution program on Indian reservations established under section 4(b) of the Food and Nutrition Act of 2008 ( 7 U.S.C. 2013(b) ); (v) the commodity supplemental food program established under section 4 of the Agriculture and Consumer Protection Act of 1973 ( 7 U.S.C. 612c note; Public Law 93–86 ); and (vi) the emergency food assistance program established pursuant to the Emergency Food Assistance Act of 1983 ( 7 U.S.C. 7501 et seq. ); or (B) does not participate in a nutrition program described in subparagraph (A) but has demonstrated experience in serving the needs of vulnerable populations facing food and nutrition insecurity. (6) Secretary The term Secretary means the Secretary of Agriculture, acting through the Administrator of the Agricultural Marketing Service. (7) Socially disadvantaged farmer The term socially disadvantaged farmer has the meaning given the term socially disadvantaged farmer or rancher in section 2501(a) of the Food, Agriculture, Conservation, and Trade Act of 1990 ( 7 U.S.C. 2279(a) ). (8) State The term State means— (A) a State; (B) the District of Columbia; (C) an Indian Tribe (as defined in section 4 of the Indian Self-Determination and Education Assistance Act ( 25 U.S.C. 5304 )); and (D) a territory or possession of the United States. (9) Veteran farmer The term veteran farmer has the meaning given the term veteran farmer or rancher in section 2501(a) of the Food, Agriculture, Conservation, and Trade Act of 1990 ( 7 U.S.C. 2279(a) ). (b) Establishment Not later than 90 days after the date of enactment of this Act, the Secretary, in consultation with the Administrator of the Food and Nutrition Service, shall establish a program under which the Secretary shall enter into contracts with eligible entities to procure fresh produce (excluding legumes) for distribution to qualifying entities that serve individuals at risk of food and nutrition insecurity. (c) Purposes The purposes of the program are— (1) to increase access of low-income households to a wide variety of fresh produce; (2) to directly connect produce producers and distributors to nonprofit emergency feeding entities; (3) to increase the procurement of fresh produce by the Federal Government; (4) to strengthen the local and regional food supply chain; (5) to reduce on-farm food loss caused by a market disruption; and (6) to model nimbleness and responsiveness in and out of emergency situations relating to food insecurity, nutrition security, and disruptions to the food supply chain. (d) Selection (1) Criteria In selecting eligible entities with which to enter into contracts under the program, the Secretary shall consider whether the eligible entity— (A) has demonstrated experience in fresh produce supply chain distribution; (B) is a small business concern (as defined in section 3 of the Small Business Act ( 15 U.S.C. 632 )); (C) holds a PACA license, relevant food safety certifications, and any other relevant licenses or certifications, as determined by the Secretary; (D) sources from small- and medium-sized growers, and local and regional produce, as geographically and seasonally feasible; (E) has demonstrated relationships with at least 2 qualifying entities, including a qualifying entity that does not receive resources through the emergency food assistance program established pursuant to the Emergency Food Assistance Act of 1983 ( 7 U.S.C. 7501 et seq. ); and (F) offers the Secretary a price determined by the Secretary to be the overall best value without limiting evaluation factors to lowest price or highest technical rating. (2) Priority In selecting eligible entities with which to enter into contracts under the program, the Secretary shall give priority to eligible entities that— (A) grow the produce that will be provided and distributed to qualifying entities; (B) are, or source from— (i) beginning farmers; (ii) small or mid-sized farms that are structured as family farms; or (iii) socially disadvantaged farmers, including women-owned and veteran-owned eligible entities; and (C) are able to deliver to areas most in need of fresh produce, as determined by the Secretary. (e) Contract terms (1) Period of performance The period of performance for a contract entered into under the program shall be— (A) not less than 90 days; and (B) not more than 120 days. (2) Price The price paid by the Secretary under a contract entered into under the program shall be inclusive of all transportation and distribution costs associated with delivering fresh produce to the final destination of the applicable qualifying entity. (3) Produce makeup A contract entered into under the program shall require that the fresh produce procured for distribution to a qualifying entity meets the following requirements: (A The fresh produce is grown in the United States. (B) The fresh produce includes locally grown produce as geographically and seasonally feasible, as determined by the Secretary. (C) Not fewer than 7 varieties of fresh produce are distributed. (D) The variety of fresh produce distributed is consistent with the most recent Dietary Guidelines for Americans published under section 301 of the National Nutrition Monitoring and Related Research Act of 1990 ( 7 U.S.C. 5341 ). (E) The fresh produce includes specialty crops of cultural importance to the recipients of the fresh produce, as determined by the Secretary, in consultation with the distributing qualifying entity. (4) Payment under contract Under a contract entered into under the program, the Secretary shall— (A) make a payment to the eligible entity of not less than 30 percent of the contract price in advance of the first distribution of produce under the contract; and (B) after the eligible entity provides documentation that the payment under subparagraph (A) has been spent, pay the remaining amount under the contract in 2 disbursements of equal value. (f) Program administration (1) Qualifying entities The Secretary shall— (A) maintain a list of qualifying entities that participate in the program; and (B) conduct outreach to ensure that qualifying entities are made aware of the program. (2) Equity and geographic reach (A) In general In carrying out the program each fiscal year, the Secretary shall enter into contracts with eligible entities in a manner that ensures that the total value of contracts entered into in each State is proportionate to the number of households and individuals living in poverty within the State, as determined by the Secretary. (B) Diversity The Secretary shall award multiple contracts under the program to eligible entities located in or serving each region of the Food and Nutrition Service to provide opportunities to a broad range of producers and eligible entities. (3) Vulnerable areas In carrying out the program, the Secretary shall establish a process— (A) to determine the areas most in need of produce provision under the program, including rural areas, the territories and possessions of the United States, and areas under the jurisdiction of a Tribal government; and (B) to ensure that those areas are served by the program. (4) Financial information and assistance The Secretary shall provide— (A) information to assist small farmers, beginning farmers, veteran farmers, and socially disadvantaged farmers in obtaining food safety certifications; and (B) financial assistance to cover the associated costs of necessary changes and upgrades to practices and equipment to improve food safety. (5) Technical assistance The Secretary shall provide technical assistance to eligible entities participating in the program with respect to— (A) the contract terms and expectations applicable to those eligible entities; (B) best practices for the distribution of produce and expectations of the Secretary relating to distribution; and (C) food safety certification. (g) Reporting (1) In general Not later than 1 year after the date of enactment of this Act, the Secretary shall submit to the Committee on Agriculture, Nutrition, and Forestry of the Senate and the Committee on Agriculture of the House of Representatives a report that describes the activities carried out under the program, including, within a State— (A) the counties and percentage of counties served; (B) the number of produce packages provided; (C) the quantity and variety of fresh produce distributed; (D) the number of farms from which produce is sourced, including the size of those farms; (E) the percentage of fresh produce procured locally and regionally; and (F) any other data determined relevant by the Secretary. (2) GAO report 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 Agriculture, Nutrition, and Forestry of the Senate and the Committee on Agriculture of the House of Representatives a report that evaluates the effectiveness of the program with respect to the purposes of the program described in subsection (c).
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[ "Agriculture Committee" ]